The URL can be used to link to this page

Home My WebLink AboutFEBRUARY 22, 2000 MINUTESCity CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS,.TR., At-Large JOHN A. BA UM, At-Large LINWOOD 0. BRANCH, III, District 6-Beach MARGARET L. EURE, Dtsttqct 1-Centerville WILLIAM W. HARRISON, JR., Distr:ct 5-Lynnhaven BARBARA M. HENLEY, District 7 -Princess Anne LOUIS R. JONES, District 4-Bayside REBA S. McCLANAN, District 3-Rose Hall NANCY K. PARKER, At-Large A.M. (DON) Ig,'EEKS, District 2-Kerap~,ille JAMES IcL SPORE, City Manager LESLIE L. LILLE,; City Attorney RUTH HODGES-SMITH, City Clerk of Virginia Beach "COMMUNITY FOR A L.-blIME" CITY COUNCIL AGENDA CITY ILILI. BUII.I)L¥(; 1 2401 UOURTItOLrSE DRIVE VIRGINIA BEACll, VIRGINIA 23456-9005 I'IR)NE: (757) 327-4304 (7,~7~ 426-5669 E~fiUI,: ClycnclC~cily. vic~initl-hcach, va.us February 22, 2000 BRIEFING - Conference Room - 1. FY 2001 REAL ESTATE ASSESSMENTS [20 min.] Jerald D. Banagan, Real Estate Assessor 3:00 PM II. CITY MANAGER'S BRIEFING COMPREHENSIVE SERVICES ACT PROGRAM FUNDING [30 min.] Daniel M. Stone, Director, Department of Social Services III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend T. E. Thieman Virginia Beach Chaplain C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 8, 2000 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARING AGRICULTURE RESERVE PROGRAM (ARP) (Princess Anne - District 7) a. DOK/CLK b. Jensen/Buffington I. ORDINANCES o Ordinances to authorize the acquisition of Agricultural Land Preservation (ARP) easements and the issuance of contract obligations: (PRINCESS ANNE - DISTRICT 7) a. DOKWest, L.C. 332.51 Acres $1,332,697.33 Installment Purchase Agreement No. 2000-25 CLK Company Installment Purchase Agreement No. 2000-26 $ 666,348.67 Kenneth Jensen, Jr./James W. Buffington, III/Caroline Buffington $ 213,909.00 Installment Purchase Agreement No. 2000-27 87.50 Acres Ordinance to AMEND Section 23-43 of the City Code, ADDING a new subsection re designation of the Police Department to enforce trespassing violations on private property. Ordinance to APPROPRIATE $353,352 from the Tourism Advertising Program Fund to the FY 1999-2000 Operating Budget of the Department of Convention and Visitor Development re expanding the City's Tourism Advertising Program. Ordinance to APPROPRIATE $55,000 from the General Fund to the Davis Corner Volunteer Rescue Squad re providing an interest-free loan to refurbish a chassis on one of its ambulances. Ko Ordinance to ACCEPT and APPROPRIATE $35,650 and $10,550 grants from the Bill and Melinda Gates Foundation to the FY 1999-2000 Operating Budget of the Department of Public Libraries re public computing opportunities at the Oceanfront Library and to expand existing capabilities at the Central Library; and, general fund revenue be increased accordingly. Ordinance to establish the Town Center Infrastructure (CIP #9-016) in the FY 1999-2000 Capital Budget; TRANSFER $1,357,829 to provide needed infrastructure; APPROVE the Development Authority's use of Economic Development Investment funds (EDIP); and, IDENTIFY the Support Agreement as a development project cost commitment. Ordinance to TRANSFER $70,000 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget for the Census 2000 budget unit re informing and educating Virginia Beach residents about the 2000 Census. LICENSE REFUNDS: $ 52,603.18 RESOLUTION Resolution to authorize the issuance and sale of $76,100,000 General Obligation Public Improvement Bonds, Series of 2000, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof, for various City and School capital improvements. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit for automobile service (fuel sales) in conjunction with a convenience store at the Southeast comer of Diamond Springs Road and Wesleyan Drive, containing 1.1 acres (BAYSIDE - DISTRICT 4) Recommendation: APPROVAL Application of CHECKERED FLAG VOLKSWAGEN for a Conditional Use Permit for motor vehicle sales and repair (expansion) on the South side of Virginia Beach Boulevard, East of Kings Grant Road (3001 Virginia Beach Boulevard), containing 7.168 acres (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL Application of HEBRON CORNERSTONE WORSHIP CENTER for a Conditional Use Permit for a church on the East side of Expressway Drive, South of South Boulevard (4444 Expressway Drive), containing 1.384 acres (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL Application of L.B.A.S., INC., t/a London Bridge Auto Service for a Conditional Use Permit for an automobile repair garage on the North side of Virginia Beach Boulevard, East of Maxey Drive (1875 Virginia Beach Boulevard), containing 45,000 square feet (BEACH - DISTRICT 6) Recommendation: APPROVAL o o 10. Application of TELBELE BROTHERS, L.L.C., for a Conditional Use Permit for a recreational facility of an outdoor nature (Putt-Putt Golf Course) at the Southeast comer of Atlantic Avenue and 18th Street, containing 5,760 square feet (BEACH - DISTRICT 6). Deferred Indefinitely: Staff Recommendation: Planning Comm. Recommendation: December 14, 1999 DENIAL APPROVAL RECONSIDERATION AND MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R- 10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15-acre commercial site (CENTERVILLE - DISTRICT 1) Deferred: Plan. Commission Recommendation: Staff Recommends: February 01, 2000 APPROVAL Deferral to March 14, 2000 Applications re Change of Zoning District Classifications (BEACH - DISTRICT 6): ao COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. bo COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150 feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. Deferred: Staff Recommendation: Planning Comm. Recommendation: February 8, 2000 DENIAL APPROVAL Application of HALABI ONE LLC for a Change of Zoning District Classification from I- 1 Light Industrial District to Conditional B-2 Community Business District at the Southeast intersection of North Witchduck Road and Admiral Wright Road (234 North Witchduck Road), containing 6,550 square feet (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL Application of PEMBROKE CROSSING APARTMENTS L.L.C., for a Change of Zoning District Classification from B-2 Community Business District to Conditional A- 18 Apartment District at the Northwest comer of Sullivan Boulevard and Pembroke Boulevard, containing 1.12 acres (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL Application of the CITY OF VIRGINIA BEACH to AMEND Section 6.3 of the Subdivision Ordinance by deleting the requirement that final plats contain certain information concerning eligibility for connection to the public water supply system. Recommendation: APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICE ADVISORY BOARD HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - JANUARY 2000 O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 42%4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 02/18/00BAP AGENDA\02-22-00. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 22, 2000 Mayor Meyera E. Oberndorf called to order the BRIEFING re FY2001 REAL ESTA TE ASSESSMENTS in the Council Conference Room, City Hall Building, on Tuesday, February 22, 2000, at 3.'00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: William W. Harrison, Jr. [ENTERED: 3:18 P.M. ] OFFICE OF REAL ESTATE ASSESSOR ANNUAL REPORT TO THE VIRGINIA BEACH CITY COUNCIL FOR FlSCAL YEAR 2000 - 2001 )~' OUR N~,~9 City of Virginia Bcach OFFICE OF REAL ESTATE ASSESSOR (757) 427-4601 FAX (757) 426-5727 TDD (757) 427-4305 MUNICIPAL CENTER BUILDING 18 2424 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9054 February 18, 2000 The Honorable Mayor Meyera Oberndorf and Members of the Council of the City of Virginia Beach Ladies and Gentlemen: On Tuesday, February 29, 2000, the Assessor's Office will mail Notices of Assessment for the Fiscal Year 2001. Only those property owners whose assessment changed will receive an assessment notice. Approximately 3% of all properties will receive a decrease in assessment and approximately 64% will receive an increase. The projected FY 2001 assessment of $21,841,749,508 represents a 4.6% increase over the current assessment. Each penny of the tax rate will generate $2,193,000 in revenue for a total tax of' $267,567,000 at the current rate of' $1.22. The average assessment change for individual properties is approximately +3.44%; however, this figure varies citywide depending on the age, type, quality, classification, and location of the property. The average assessment change for residential property is +3.09% and for commercial/industrial property the average change is +4.39%. New construction for the past 12 months amounted to $323,000,000, which is a decrease of 6.1% from the previous year. Residential new construction increased by 10.8% while commercial/industrial new construction decreased by 41.4%. Residential new construction amounted to 79.8% of the total yearly construction, while commercial/industrial represented 20.2%. Growth in land due to rezonings and subdivision amounted to approximately $105,420,343. Total growth in land and buildings amounts to approximately 1.6% of the tax base. Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (_~uality in the Public Sector. Mayor Meyera Obemdorf and Members of the Council of the City of Virginia Beach February 18, 2000 Page 2 Residential, apartment, and agriculture properties comprise 81.5% of the tax base with commercial and industrial properties constituting 18.5% of the tax base. The percemage of the tax base for commercial property decreased 0.1% from the current year. I shall, of course, be available to answer any inquiries or provide further information on the new assessment. Sincerely, JDB/tw Mr. James K. Spore, City Manager Mr. Walt Kramer, Acting Director of Budget & Evaluation Mrs. Patricia Phillips, Director of Finance FY 2001 ASSESSMENTS AS OF JANUARY 2000 District Total Assessment Change Centerville $2,485,171,015 2.7% Kempsville 2,529,064,681 2.3% Rose Hall 1,808,205,224 2.9% Bayside 2,780,548,930 4.2% Lynnhaven 5,285,137,171 5.8% Virginia Beach 3,268,497,729 4.6% Princess Anne 3,545,124,758 9.1% Total $21,701,749,508 4.9 % Assessments reflect taxable land use values as opposed to fair market values on qualifying farms. Values reflect current FY 2000 Use Values. Fiscal Year 2001 (Projecte~ 2000 1999 1998 1997 1996 1995 1994 1993 1992 INCREASE IN JULY 1 LAND BOOK Assessment Increase $ 21,841,749,508 $ 959,675,160 $ 20,882,074,348 $ 19,810,195,555 $ 18,938,884,244 $ 18,120,926,409 $ 17,455,449,630 $ 16,909,559,591 $ 16,644,163,146 $ 16,458,735,028 $ 16,365,799,024 $ 1,071,878,793 $ 737,631,649 $ 817,957,835 $ 665,476,779 $ 545,890,039 $ 265,396,445 $ 185,428,118 $ 92,936,004 $ 474,329,930 Percent of Increase 4.6% 5.4% 4.6 % 4.5 % 3.8 % 3.2 % 1.6 % 1.1% 0.6 % 3 % ~_9 5 0 19{:J2 19~93 19~94 19195 19~96 19197 19198 19~99 20~)0 20~)1 FISCAL YEAR PROJECTED FY 2001 REA1, ESTATE ASSESSMENTS FY 2001 Assessments as of January 2000 Projected Growth thru July 1, 2000 Projected FY 2001 Land Book as of July 1, 2000 $ 21,701,749,508 140,000,000 $ 21,841,749,508 Projected Partial Assessments on Quarterly New Construction Projected FY 2001 Total Assessment $ 90,000,000 $ 21,931,749,508 PROJECTED FY 2001 REAL ESTATE TAX REVENUE For the purpose of projecting revenue, I have applied the current FY 2000 real estate tax rate of $1.22 per $100 of value to the assessments. First Half Assessment 2000 Tax Rate Dec. 5, 2000 Revenue $10,920,874,754 x $1.22 = $ 133,234,672 Second Half Assessment 2000 Tax Rate $11,010,874,754 x $1.22 June 5, 2001 Revenue $ 134,332,672 Total FY 2001 Assessment $21,931,749,508 2000 Tax Rate FY 2001 Real Estate Tax Revenue x $1.22 = $ 267,567,344 Each $.01 of the tax rate will generate $2,193,174 or $2,~93,ooo 3 PERCENT OF CHANGE IN ASSESSMENTS (ExCluding Growth) Overall Mean Change 3.44% Overall Median Change 1.81% Residential Apartment Commercial/Industrial 3.09% Residential 5.73% Apartment 4.39% Commercial/Industrial 1.85% 7.37% 0 % Approximately 3% of Parcels Decreased Approximately 33% of Parcels Had 0% Increase or Decreased Approximately 53% of Parcels Had An Increase of Less Than 2% Approximately 67% of Parcels Had An Increase of Less Than 3% Approximately 77% of Parcels Had An Increase of Less Than 4% Approximately 83% of parcels Had An Increase of Less Than 5% Approximately 88% of Parcels Had An Increase of Less Than 6% Approximately 91% of Parcels Had An Increase of Less Than 7% Approximately 93% of Parcels Had An Increase of Less Than 8% Approximately 95% of Parcels Had An Increase of Less Than 9% 4 AVERAGE INDIVIDUAL PERCENT OF CHANGE IN ANNUAL ASSESSMENTS (Excluding Growth) Fiscal Year Mean Change Median Change 2001 3.44% 1.81% 2000 3.66% 2.24% 1999 2.73% 2.42% 1998 3.11% 0 1997 2.18% 0 1996 2.06% 0 1995 0.52% 0 % 1994 0.45% 0 % 1993 -0.2 % 0 1992 1.64% 0 % ,,,3 (.9 -1 FISCAL YEAR I'l' MEAN CHANGE 'l' MEDIAN CHANGE 5 RESIDENCES Percent Median Mean Change Type Number of Total Assessment* Assessment* In Mean Single Family 90,764 72.1% 116,000 146,100 3.8% Townhouse 19,312 15.3% 65,800 70,200 1.4% Low Rise Condominium 12,264 9.8% 73,700 96,200 3.8% High Rise Condo/Co-op 1,805 1.4% 134,000 137,300 5.0% Duplex/Home with Apartments 1,765 1.4% 130,600 169,000 5.3% All Residences 125,910 100% 104,400 129,800 3.6% In addition to residences, there are 26,357 apartment units in multifamily complexes. *Rounded to nearest $1 O0 HIGH RISE CONDO LOW RISE CONDO TOWNHOUSE DUPLEX (72.10%) 6 Comparison of Assessment Means $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 _ ±_J _;_ _L ~ -- T T T T T T 19'91 1992 1993 1994 1995 1996 1297 19~819~9' ?n°n ?nnl Fiscal Year -.-- Single Family ---- Townhouses -.-- Low-Rise Condominiums Assessment Mean All Residential Properties $140,000 $120,000 $100,000 $80,000 $60,000 , ! , 1 1991 1S J3 19~5 19197' 19.~.q~ 9 I Fiscal Year 7 ALL RESIDENCES 4% Assessed Less Than $ 50,000 20% Assessed Less Than $ 75,000 45% Assessed Less Than $100,000 76% Assessed Less Than $150,000 88% Assessed Less Than $ 200,000 93% Assessed Less Than $ 250,000 97% Assessed Less Than $ 350,000 There are 1,330 homes a~sessed over $500,000 Percentage by Property Value Range Over 8350,000 (3.00%) 8250,000 to $350,000 (4.00%) $200,00O to $250,000 (5.00%) $150,000 to $200,000 (12.00% $50,000 (4.0o%) $50,000 to $75,000 (10.00%) $100,000 to $150,000 (31.00%) $75,000 to $100,000 (25.00%) 8 RESIDENCES BY YEAR BUILT Year Built Prior to 1950 1950 to 1959 1960 to 1969 1970 to 1979 1980 to 1989 1990 to 1999 *Rounded to nearest $100 Number 3,049 10,470 20,038 28,166 47,034 17,153 Mean Assessment* $171,000 $122,900 $130,100 $125,400 $114,800 $174,500 1990's (13.62% to 1950 (2.42%) (8.32%) (15.91%) 1980's (37.36% (22.37%) FY 2001 ASSESSMENTS BY PROPERTY CLASSIFICATION Classification General Commercial 4,207 Parcels Hotel Office Industrial Assessment Percent of Total $ 2,477,734,674 11.4% 1,289 Parcels $ 471,615,512 2.2% 895 Parcels $ 674,911,692 3.1% 920 Parcels $ 388,704,643 1.8% Apartment Residential Townhouses 597 Parcels $ 936,965,434 4.3% 98,814 Parcels $ 13,877,084,735 64.0% 19,312 Parcels $ 1,355,041,750 6.2% Condominiums 14,069 Parcels $ 1,428,056,840 6.6% Agriculture 722 Parcels $ 91,634,228 0.4% Total 140,825 $ 21,701,749,508 100% *Parcels reflect number of tax records as opposed to number of lots or buildings. *Agriculture reflects state required coding of farms of 19 acres and over (Agriculture or Residential zoning). Residential includes vacant lots and farms of less than 19 acres (Residential or Agriculture zoning). Commercially zoned farm land of any size is included in General Commercial. Assessments are based upon taxable land use values as opposed to fair market value for all qualifying farms. 10 ASSESSMENT COMPARISON BY CLASSIFICATION 2001 2000 1999 Classification Assessment Assessment Assessment General Commercial 11.4% 11.5% 11.3% Hotel 2.2% 2.1% 2.1% Office 3.1% 18.5% 3.2% 18.6% 2.9% Industrial 1.8% 1.8% 1.9% 18.2% Apartment 4.3% 4.1% 4.2% Residential 64.0% 64.0% 64.2% Townhouse 6.2% 81.5% 6.4% 81.4% 6.6% Condominium 6.6% 6.4% 6.3% Agriculture 0.4% 0.5% 0.5% 81.8% 1998 1997 Commercial Residential Commercial Residential 18.2% 81.8% 18.3% 81.7% 1996 Commercial Residential 18.6% 81.4% 1995 Commercial Residential 18.9% 81.1% 1994 Commercial Residential 19.3% 80.7% 1993 Commercial 19.8% Residential 80.2% 1992 Commercial Residential 20.1% 79.9% 11 CHANGE IN PROPERTY VALUE BY CLASSIFICATION (January 1, 1999 - January 1, 2000) 2001 Classification Assessment Change* General Commercial $ 2,477,734,674 $ 105,941,575 4.5% Hotel 471,615,512 35,364,140 8.1% Office 674,911,692 19,206, 714 2.9% Industrial 388,704,643 18,652,903 5.0% Apartment 936,965,434 77,393,388 9.0% Residential 13,877,084,735 647,592,742 4.9% Townhouse 1,355,041,750 26,698,025 2.0% Condominium 1,428,056,840 91,944,912 6.9% Agriculture 91,634,228 -7,449,669 -7.5% Total $21,701,749,508 *Reflects growth and appreciation. $1,015,344,730 4.9% 12 NEW CONSTRUCTION* (January 1999 thru December 1999) 42 General Commercial 2 Hotel 16 Industrial 7 Office 108 Commercial/Industrial Additions Total Commercial New Construction Commercial $ 29,678,251 $ 8,815,700 $ 7,412,337 $ 5,709,510 $ 13,749,061 $ 65,364,859 20.2% 1,109 Single Family 10 Duplexes 70 Townhouses 384 Condominium Units 516 Apartments 2,250 Residential Additions Total Residential New Construction Residential $ 165,932,790 $ 1,974,952 $ 5,886,016 $ 45,041,899 $ 18,080,928 $ 21,155,614 $ 258,072,199 79.8% Total New Construction $ 323,437,058 100% *Buildings/structures only (excludes land). 13 ANNUAL NEW CONSTRUCTION* 1999 $323,437,058 1998 $344,462,147 1997 $284,929,741 1996 $298,211,663 1995 $220,309,907 1994 $234,122,603 1993 $215,846,596 1992 $206,399,596 1991 $221,781,472 1990 $278,258,186 *Buildings/structures only (excludes land). $280 $~o ~$220 $2OO 1990 1992 1993 1994 1995 1996 1997 ANNUAL YEAR 1998 1999 14 VALUE OF YEARLY NEW CONSTRUCTION* (In Millions of Dollars) Ye~ 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 Total Commercial $323.4 $ 65.3 (20.2%) $344.4 $111.5 (32.4%) $284.9 $ 72.0 (25.3%) $298.2 $ 82.6 (27.7%) $220.3 $ 33.1 (15 %) $234.1 $ 26.8 (11.5%) $215.8 $ 26.9 (12.5%) $206.3 $ 30.9 (15 %) $221.7 $ 56.8 (25.6%) $278.2 $ 75.8 (27 %) *Buildings/structures only (excludes land). Residential $258.0 $232.9 $212.9 $215.6 $187.2 $207.3 $188.9 $175.4 $164.9 $202.4 (79.8%) (67.6%) (74.7%) (72.3%) (85 %) (88.5%) (87.5%) (85 %) (74.4%) (73 %) $350 $300 $250 $200 $15o $100 $5o ANNUAL YEAR I1 C°~mer~°lI ResidentialI 15 NUMBER OF NEW HOUSING UNITS BUILT 2,100 2,000 1,900 1,800 1,700 1,600 1,500 9~92 19~93 19'94 19'95 19~]6 19197 19~98 1999 Annual Year 1999 2,089 1998 1,679 1997 1,632 1996 1,744 1995 1,590 1994 1,889 1993 1,994 1992 1,845 *Includes residences and apartments. 16 AVERAGE ASSESSED VALUE OF NEW HOMES $200,000 $170,000~:[ ~ ....... ~ $160,000~; ....... 1995 ........ 19~6 ......... 19~7 1:9~98 ........... ~9~ Annual Year 1999 $200,400 1998 $194,400 1997 $185,000 1996 $164~00 1995 $163,100 17 RESIDENTIAL NEW CONSTRUCTION Percentage by Property Value Range $350,000 to $500,~ $250,000 to $350 to $10o,000 $200,000 to $250 000 $150,000 to Residential Value Range Percentage of New Homes Under $75,000 1.4% $ 75,000 to $100,000 5.6% $100,000 to $150,000 35.1% $150,000 to $200,000 25.2% $200,000 to $250,000 15.2% $250,000 to $350,000 10.9% $350,000 to $500,000 5.3% Over $500,000 1.3% 67.3% below $200,000 32. 7% above $200,000 18 GROWTH IN LANI) (Rezonings and Subdivision of Property) 1999 $ 105,420,343 1998 $ 66,066,177 1997 $ 38,029,862 1996 $ 74,165,557 1995 $ 58,820,522 1994 $ 28,982,724 1993 $ 12,835,247 1992 $ 14,730,834 1991 $ 77,289,421 1990 $ 35,949,044 Yearly estimates projected based upon six months of actual data. $250 $200 $150 $100 ,so $o Annual Year 19 GROWTH AND APPRECIATION/DEPRECIATION (July 1 Land Book to July 1 Land Book) Fiscal Year 2000 to 2001 (Projected) Growth Appreciation Assessment Increase $355,485,636 1.7% 604,189,524 2.9% $959,675,160 4.6% Fiscal Year 1999 to 2000 Growth Appreciation Assessment Increase $469,939,209 2.4% 601,939,584 3.0% $1,071,878,793 5.4% Appreciation/ Assessment Fiscal Year Growth Depreciation Increase 1998-1999 2.2% 2.4% 4.6% 1997-1998 1.9% 2.6% 4.5% 1996-1997 1.9% 1.9% 3.8% 1995-1996 1.8% 1.4% 3.2% 1994-1995 1.5% 0.1% 1.6% 1993-1994 1.3% -0.2% 1.1% 1992-1993 1.4% -0.8% 0.6% 1991-1992 2.2% 0.8% 3.0% 20 GROWTH AND APPRECIATION/DEPRECIATION 6 4 -1 Fiscal Year 21 INDICATORS OF REAL ESTATE ACTIVITY IN VIRGINIA BEACH January_ 1999 January 2000 Increase Real Estate Assessments $ 20,686,404,778 $ 21,701,749,508 $1,015,344,730 4.9% Number of Taxable Parcels 139,707 140,825 1,118 0.8% 1998 1999 Change Real Estate Transfers 20,444 22,299 1,855 9.1% New Construction $ 344,462,147 $ 323,437,058 $ -21,025,089 -6.1% New Homing Units Built 1,679 2,089 410 24.4% Average New Home $ 194,400 $ 200,400 6,000 3.1% 22 1997 VIRGINIA ASSESSMENT/SALES RATIO STUDY STATE DEPARTMENT OF TAXATION PUBLISHED FEBRUARY 1999 Chesapeake 95.6% Hampton 98.1% Newport News 96.6% Norfolk 95.4% Portsmouth 94.1% Virginia Beach 91.7% PREVIOUS VIRGINIA BEACH RATIOS 1996 91.8% 1995 92.2% 1994 94.4% 1993 95.9% 1992 96.2% 1991 95.2% 1990 94.2% 1989 90.5% 1988 89.3% 1987 89.4% 1986 88.4% The State compared sales from July 1996 thru June 1997 against the Fiscal 1997 assessments. The Assessor appraised the properties in 1995 for presentation of Fiscal 1997 Assessments to City Council in February 1996. *The 1998 ratio has not as yet been completed by the State Department of Taxation. 23 LAND USE TAXATION FISCAL YEAR 2000 Number of Parcels Under Program Number of Acres Under Program 1,069 44,107 Number of Acres of Land in the City Percentage of City's Acreage Under Land Use 160,640 28% Number of Acres in: Agriculture Horticulture Forest Open Space Swamp Marsh Total 22,638 70 13,216 1,702 3,119 3,362 44,107 Market Value of Land Under Program -Use Value of Land Under Program $328,803,057 -25,428,124 Deferred Value $303,374,933 Deferred Tax $3,701,174 24 LAND USE TAXATION Fiscal Acreage Under Acreage Roll Back Year LandUseProgram RolledBack Taxes 2000 44,107 ...... 1999 45,325 673 $ 1,058,436 1998 45,641 279 $ 486,111 1997 46,336 438 $ 455,173 1996 46,816 668 $ 900,286 1995 47,279 378 $ 725,522 1994 48,398 589 $ 551,884 1993 48,982 215 $ 283,490 1992 50,762 312 $ 237,951 1991 52,865 1,428 $ 1,302,489 LAND USE VALUES Fiscal Year Agriculture* Forest* 2001 (Proposed) $710 (Proposed with Risk Added) $465 2000 $640 (Risk Added) $395 1999 $730 (Risk Added) $375 1998 $650 (Risk Added) $525 1997 $620 (Risk Added) $430 1996 $600 (Risk Added) $375 1995 (Locally Determined) $590 (Risk Added) $360 1994 $570 $395 1993 $520 $375 1992 $570 $355 *Based upon Class III agriculture and good forest. 25 REAL ESTATE TAX EXEMPTION/DEFERRAL/FREEZE FOR SENIOR CITIZENS AND DISABLED PERSONS Fiscal 2000 Program Recipients Senior Citizens Exemption 1,413 Freeze 171 Deferral 2 Disabled Persons Exemption 736 Freeze 29 Total 2,351 Breakdown of Percentage Exemption Percentage of Exemption Number of Applicants 100% 1,313 80% 249 60% 213 40% 214 20% 160 Exemption $ 2,004,618 Average Exemption $ 932 Freeze $ 13,657 Average Freeze $ 67 Deferral $ 2,323 Average Deferral $ 1,162 26 SENIOR CITIZEN AND DISABLED PERSONS EXEMPTION FREEZE AND DEFERRAL Number of Recipients Amount of Total Exemption FY 2000 2,351 $ 2,020,598 FY 1999 2,113 $ 1,810,805 FY 1998 1,865 $ 1,550,538 FY 1997 1,851 $ 1,497,413 FY 1996 1,742 $ 1,375,235 FY 1995 1,645 $ 1,240,902 FY 1994 1,550 $ 1,175,085 FY 1993 1,392 $ 940,330 FY 1992 1,329 $ 895,871 FY 1991 1,144 $ 734,993 $2,200,000 $2,000,0O0 $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 Fiscal Year DOLLARS ~ RECIPIENTS 2,400 2,200 1,800 '~ 1,600 ~ .8 1,200 27 Federal Government State Government Local Government Regional Government Cemeteries & Graves Religious Educational Fire & Rescue Squads Benevolent Charitable Totals TAX EXEMPT PROPERTY 183 Parcels 133 Parcels 1,404 Parcels 121 Parcels 89 Parcels 372 Parcels 16 Parcels 8 Parcels 26 Parcels 334 Parcels 2,686 Parcels $ $ $ $ $ $ $ $ $ $ $ 1,409,288,277 157,523,168 1,423,072,496 143,656,870 2,622,017 246,065,974 117,155,537 3,341,800 6,047,330 167,050,757 3,675,824,226 28 Cemeteries and Graves Section 58.1-3606A(3), B $ 2,622,017 Religious Churches Parsonages Section 58.1-3606A(2), B $ 237,249,910 $ 8,816,064 Educational Regent University Virginia Wesleyan College State Board for Community Colleges Gateway Christian School Cape Henry Collegiate School Friends School Hebrew Academy of Tidewater Old Dominion University Norfolk State University Catholic High School Section 58.1-3606A(4), B $ 40,423,736 $ 36,238,128 $ 12,796,611 $ 2,844,670 $ 10,107,454 $ 2,142,491 $ 3,289,220 $ 1,791,000 $ 19,000 $ 7,503,227 Fire and Rescue Squads Thalia Fire Department Ocean Park Volunteer Fire Chesapeake Beach Volunteer Fire Creeds Volunteer Fire Virginia Beach Rescue Squad, Inc. Section 58.1-3610 $ 267,398 $ 630,644 $ 475,958 $ 160,360 $ 1,807,440 29 Benevolent Masonic Lodges Moose Lodge Fraternal Order of Eagles Elks Lodge O.S.I.A. of Tidewater, Inc. (Roma Lodge) Columbian Club of Virginia Beach Fleet Reserve Association Disabled American Veterans Veterans of Foreign Wars Section 58.1-3606A(7), B 3607A(1), 3650.1- 650.443 $ 2,325,396 $ 704,411 $ 445,242 $ 218,810 $ 536,276 $ 324,900 $ 136,760 $ 186,760 $ 241,470 30 Charitable YMCA of Tidwater Virginia, Inc. SPCA The Nature Conservancy Tidewater Council of Boy Scouts, etc. Boys Club of Norfolk Assoc. for Preservation of Va Antiquities (Lynnhaven & Wishart Houses) Little Theater of Virginia Beach Easter Seal Society for Crippled Children Cape Henry Women's Club (Lotus Gardens) Princess Anne County Historical Society (Wolfsnare Plantation) Union Mission, Inc. (Hope Haven) Sentara Virginia Beach General Hospital Association for Research and Enlightenment Sentara Bayside Hospital The Salvation Army Virginia Tech Foundation Armed Services YMCA of the US Section 58.1-3606A(5), A(7), A(8), B, 3607(A)1, 3611, 3613, 3614, 3618, 3650.1-3650.443 $ 8,239,176 $ 716,478 $ 691,928 $ 801,495 $ 575,643 $ 637,640 $ 317,100 $ 273,129 $ 10,000 $ 234,550 $ 3,147,344 $ 54,492,505 $ 3,705,816 $ 32,467,936 $ 5,494,308 $ 150,000 $ 518,891 31 Exempted by the General Assembly with Council Endorsement Beth Sholom Homing Corporation Zion Place, Inc. Russell House, Inc. Marian Manor Inc. Virginia Beach Ecumenical Housing Virginia Beach Christian Outreach Group Virginia Beach Community Development Corp. Sugar Plum, Inc. Larkspur Civic League, ltd. Pembroke Manor Recreation, Inc. Pembroke Meadows Civic League, Inc. Holland Meadows Swim & Racquest Club, Ltd. Club Brittany, Inc. Bay Island Yacht Club, Inc. Pine Ridge Civic League, ltd. North Alanton Civic League, Inc. Birdneck Point Community League Little Neck Swim & Racquet Club, Inc. Diamond Springs Civic League, Inc. Community Alternatives Management Group A1 Anon Family Headquarters, Inc. Mothers, Inc. Tidewater Jewish Foundation, Inc. Blackwater Creeds Foundation Our Lady of Perpetual Help Samaritan House, Inc. Judeo Christian Outreach Center, Inc. Vetshouse, Inc. Beth Sholom Home of Virginia Council of United Filipino Organizations Virginia Beach Home, Inc. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,343,500 6,097,537 3,332,000 5,183,362 412,252 516,870 9,154,553 376,669 326,812 81,160 157,924 108,078 308,110 133,824 75,600 127,000 8,000 1,146,296 68,000 5,364,650 2,284,395 122,051 414,400 331,729 7,291,457 1,468,256 714,884 235,757 3,765,206 479,280 48,918 32 City of Virginia [3cach OFFICE OF REAL ESTATE ASSESSOR (757) 427-4601 FAX (757) 426-5727 TDD (757) 427-4305 MUNICIPAL CENTER BUILDING 18 2424 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9054 Febmaw 18, 2000 The Honorable Mayor Meyera Obemdorf and Members of City Council Dear Ladies and Gentlemen: Attached is a listing of average neighborhood assessment changes from FY 2000 to FY 2001. Individual properties in a given neighborhood may have experienced a different assessment change for a variety of reasons. IfI can provide any further data or analysis, please contact me. Sincerely, J.E. anagan, ASA Real Estate Assessor JDB/tw Attachment Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. AVERAGE.~C. ~ OIr ASSESSMENT CHANG~ ms,mcr, s s- z ooo DATE: 02/14/00 NEIGHBORHOOD AERIES ON THE BAY AMPHIBIOUS MANOR ANTHONY HOMES ARAGONA VILLAGE BAYLAKE BEACH/PINES BAYSIDE BAYVILLE GARDENS/PARK BRADFORD ACRES BRADFORD PARK BRADFORD TERRACE BURTON STATION CHESAPEAKE BEACH CHESAPEAKE BEACH CHURCH POINT CHURCH POINT CHURCH POINT CHURCH POINT CRYSTAL PT/HERON ROOST CYPRESS POINT CYPRESS POINT CYPRESS POINT CYPRESS POINT NORTH CYPRESS POINT NORTH DIAMOND LAKE ESTATES DIAMOND SPRING HOMES DONATION SHORES FENTRESS TOWN GARDENWOOD PARK HAYGOOD POINT HERMITAGE HESTER PROPERTY HODGEMAN PLAT SUB-NEIGHBORHOOD SF DUPLEX BISHOPS COURT BISHOPS CT/JAMAR SECTION I CUSTOM HOMES DEFORD LTD MOORES POND BAYSIDE SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 42 29 3.31712 52 51 0. 26 26 0. 3000 2983 0.47147 344 329 2.63812 21 10 9.6405 199 197 4.59448 43 42 10.6089 42 40 6.09252 69 69 0.09824 45 31 16.9074 214 214 1.03233 725 534 1.79113 21 11 2.93331 13 13 4.13969 123 121 3.90636 228 193 3.65754 31 27 4.45247 223 219 1.75085 60 58 1.78369 155 149 2.17022 30 24 2.76968 117 117 0.89989 101 101 0.18186 538 537 0.49162 41 40 4.09385 260 194 1.70355 223 223 0.33129 287 284 0.78640 99 99 1.87775 38 32 1.44610 84 64 2.50903 MEAN $193,728.00 $87,038.00 $86,097.00 $81,657.00 $201,545.00 $1,221,462.00 $93,654.00 $97,274.00 $93,965.00 $91,773.00 $73,936.00 $150,659.00 $152,848.00 $330,390.00 $412,323.00 $270413.00 $481524.00 $302 515.00 $267 888.00 $180 593.00 $157 947.00 $220 695.00 $183 473.00 $90,278.00 $81,980.00 $300,248.00 $82,028.00 $92,968.00 $202,319.00 $62,033.00 $171,804.00 $86,828.00 MEDIAN $185,936.00 $85,104.00 $89,870.00 $81,252.00 $176,008.00 $975,655.00 $91,475.00 $94,104.00 $87,729.OO $90,798.00 $59,600.00 $136,656.00 $120,438.00 $304,810.00 $400,028.00 $267,810.00 $399,828.00 $270,015.00 $257,456.00 $178,957.00 $155,159.00 $219,841.00 $182,064.00 $88,702.00 $76,896.00 $284,646.00 $78,340.00 $90,702.00 $194,040.00 $62,340.00 $118,038.00 $83,813.00 DATE: 02/14/00 NEIGHBORHOOD HUDGINS SHORES L & J GARDENS LAKE SHORES LAKE SMITH TERRACE LAKEVIEW PARK LAKEVIEW SHORES LAWSON FOREST LAWSON TERRACE LYNBROOK LANDING SF NEWSOME FARM NEWSOME FARM NEWTOWN CROSSROADS OCEAN PARK OCEAN PARK OCEAN PARK OLD DONATION FARM OLD DONATION MANOR REID TOWN SAW PEN POINT SAW PEN POINT THOROUGHGOOD THOROUGHGOOD ESTATES WESLEYAN CHASE WESLEYAN PINES WESLEYAN PINES WISHART COVE WISHART LAKE WITCHDUCK WITCHDUCK LANDING SUB-NEIGHBORHOOD HAYGOOD SQUARE DUPLEX PELICAN DUNES/SF WITCHDUCK FARMS VA TECH CT BAYSIDE SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 49 46 5.42175 130 116 0.42986 571 563 1.08895 548 547 1.46090 214 191 1.03727 283 277 2.93750 119 113 2.96516 7 5 1.39039 187 187 1.54446 25 25 3.40864 200 141 6.11767 16 8 11.5240 115 115 4.20107 105 104 -0.3411 203 123 7.05442 39 34 2.25429 95 95 1.92807 33 27 1.11911 29 28 3.65592 92 78 11.4662 890 879 4.62827 142 141 2.73328 359 359 0.11357 12 12 2.16696 162 162 1.12159 96 95 3.64782 23 22 -0.0375 142 131 8.86289 110 110 2.27785 MEAN $259,382.00 $115,421.00 $141,111.00 $159,734.00 $154,778.00 $131,566.00 $109,009.00 $123,914.00 $93,645.00 $91,011.00 $92,986.00 $110,782.00 $142,270.00 $163,682.00 $201,324.00 $351,336.00 $169056.00 $119226.00 $343627.00 $429161.00 $217.775.00 $228.748.00 $125,787.00 $237,694.00 $160,377.00 $309,163.00 $298,138.00 $416,737.00 $95,634.00 MEDIAN $227,576.00 $110,577.00 $130,658.00 $154,964.00 $139,306.00 $119,688.00 $105,442.00 $120,936.00 $92,760.00 $90,036.00 $86,630.00 $87,572.00 $130,568.00 $163,506.00 $112,328.00 $322,701.00 $168,122.00 $121,463.00 $337,260.00 $365,766.00 $183,714.00 $226,770.00 $126,004.00 $244,044.00 $161,189.00 $262,204.00 $261,344.00 $338,158.00 $65,288.00 DATE: 02/14/00 NEIGHBORHOOD 3556 SHORE DRIVE CONDO BAYSIDE VILLAS BROADMEADOWS CONDO CHESA HOUSE ON THE BAY CHESAPEAKE BEACH CHESAPEAKE BEACH CHESAPEAKE BEACH CHESAPEAKE BEACH CHESAPEAKE BEACH CHESAPEAKE BEACH CHESAPEAKE BEACH CTRE GREEN CYPRESS PT CTRE GREEN CYPRESS PT CYPRESS POINT CYPRESS POINT COMMONS HAYGOOD ESTATE CONDOS LAKE CYPRESS CONDO LAKE SMITH CONDOMINIUM OCEAN PARK OCEAN PARK PIER POINTE LDG CONDO STAPLESMILL CHASE COND VILLAGE SPRINGS CONDO WATER OAKS CONDOMINIUM WITCHGATE COURT CONDO SUB-NEIGHBORHOOD HIGH RISE CONDO BAY LAKE CONDO BCH WALK LDNG CND CONDO CONDOS/TOWNHOUSES HOLLIS ROAD CONDO PLEASR HS STA/LDG WATERSPOINT COUNTRY CLUB GARDEN VILLAS TRADITIONS CONDOS CONDO PELICAN DUNES/CO BAYSIDE CONDOMINIUMS TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 34 34 4.50971 83 83 0. 16 16 0. 120 120 7.00024 50 50 0. 9 9 2.94309 172 172 0.75654 200 200 0.45328 18 18 0.49822 49 49 -0.9021 20 20 0.30072 125 125 1.39973 80 80 1.38598 30 0 0.75819 70 70 1.89296 39 39 3.69374 132 132 0. 180 180 0. 196 196 4.52759 56 48 2.84152 85 85 0. 126 126 0. 49 49 0. 52 52 13.3161 16 16 0. MEAN $265,824.00 $67,229.00 $35,080.00 $110,308.00 $90,529.00 $128,788.00 $165,936.00 $78,964.00 $67,237.00 $66,157.00 $91,720.00 $143,210.00 $90,336.00 $129,748.00 $108,128.00 $160,588.00 $84,018.00 $78,886.00 $189,871.00 $175,438.00 $53,169.00 $72,210.00 $6O,657.00 $176,739.00 $46,732.OO MEDIAN $245,000.00 $66,658.00 $35,080.00 $100,000.00 $90,289.00 $128,344.00 $158,100.00 $79,634.00 $64,802.00 $66,317.00 $90,660.00 $140,326.00 $89,024.00 $132,952.00 $108,048.00 $161,304.00 $84,634.00 $78,780.00 $186,564.00 $166,636.00 $58,610.00 $71,064.00 $62,292.00 $165,950.00 $46,732.00 DATE: 02/14/00 NEIGHBORHOOD AERIES ON THE BAY CAMPUS EAST TOWNHOMES CYPRESS POINT NORTH CYPRESS POINT TH GOVERNOR SQUARE LAKE FRONT VILLAGE LYNBROOK LANDING MARINERS LANDING OLD DONATION TOWNHOUSE SOLARTOWNE THOROUGHG-OOD COLONY WATER OAKS CONDOMINIUM WESLEYAN CHASE TH WESLEYAN CHASE TH SUB-NEIGHBORHOOD TOWNHOUSES TOWNHOUSES BAY OAKS TH RG MOORE URBAN CONCEPTS BAYSIDE TOWNHOUSES TOTAL PARCEL COUNT 211 735 40 73 71 55 413 152 28 63 151 4 170 49 PARCELS WITH PERCENT IMPROVEMENTS OF CHANGE MEAN 211 2.85708 $137,466.00 729 -0.3806 $66,431.00 39 1.90501 $138,824.00 73 3.66431 $96,208.00 71 0.66787 $95,193.00 55 2.97256 $51,332.00 412 0. $58,466.00 151 1.88198 $92,627.00 28 6.51656 $107,589.00 63 0. $69,596.00 151 0.59314 $96,061.00 4 0. $325,462.00 170 0. $73,001.00 49 0. $82,603.00 MEDIAN $135,150.00 $67,373.00 $142,626.00 $95,740.00 $92,680.00 $51,000.00 $60,119.00 $91,254.00 $106,404.00 $70,548.00 $95,952.00 $324,212.00 $73,560.00 $82,242.00 DATE: 02/14/00 NEIGHBORHOOD ALEXANDRIA AVALON AVALON AVALON HILLS BALLYLINN SHORES BALLYLINN SHORES BALLYLINN SHORES BALLYLINN SHORES BALLYLINN SHORES BALLYLINN SHORES BALLYLINN SHORES BELLAMY PLANTATION BELLAMY PLANTATION BELLAMY PLANTATION JF BELLAMY PLANTATION JF BIRNAM MEADOWS BIRNAM WOODS BRANDON BRANDON BRIGADOON BRIGADOON PINES CARRIAGE MILL CEDAR HILL CHARLESTOWNE CHARLESTOWNE EAST CHARLESTOWNE LAKES CHARLESTOWNE LAKES SO CHARLESTOWNE LAKES SO CHARLESTOWNE WOODS CHATHAM HALL CHATHAM HALL CHATHAM HALL SUB-NEIGHBORHOOD WOODS OF AVALON BALLYLINN FARM GLENCOE/ARDEN KINGS PT CREEK OAKLETTE TANGLE PINES TANGLEWOOD MICHAEL LEE GREENS SEMI-D SF R5D R75 CHATMOSS PHASE 4-5-6 SUTTON PLACE CENTERVILLE SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 1015 1014 3.30594 191 188 2.63432 244 221 3.01365 120 120 6.33776 30 25 3.38590 75 73 2.99461 15 12 3.40303 41 38 8.34990 7 7 0. 14 13 5.88162 39 36 3.95149 37 37 0. 95 95 0.52942 27 27 3.67305 39 39 0.77129 12 12 2.28228 101 101 0.82279 623 622 0.56106 179 179 2.61624 846 843 1.84188 525 521 0.72002 17 17 -0.4773 253 253 1.95066 261 260 1.98939 28 28 4.70001 375 375 2.30675 304 304 2.66894 283 283 3.51734 131 124 1.47506 109 109 1.27548 334 334 2.72220 40 40 0. MEAN $112,199.00 $126,968.00 $127,458.00 $115,251.00 $146,947.00 $103,238.00 $205,471.00 $150,958.00 $119,564.00 $95,317.00 $155.234.00 $140 989.00 $185 386.00 $143 434.00 $159 737.00 $111 763.00 $122538.00 $81,065.00 $120,908.00 $124,449.00 $143,903.00 $91,695.00 $109,014.00 $103,310.00 $114,030.00 $105,230.00 $106,779.00 $118,878.00 $128,793.00 $123,169.00 $95,158.00 $132,808.00 MEDIAN $113,340.00 $126,747.00 $122,786.00 $114,060.00 $121,532.00 $99,810.00 $174,749.00 $133,000.00 $120,342.00 $65,595.00 $135,832.00 $141,394.00 $185,840.00 $145,690.00 $156,514.00 $117,526.00 $122,878.00 $80,704.00 $121,916.00 $125,268.00 $144,364.00 $89,608.00 $108,655.00 $103,044.00 $109,575.00 $104,716.00 $108,492.00 $117,602.00 $125,530.00 $122,118.00 $94,160.00 $131,516.00 DATE: 02/14/00 NEIGHBORHOOD CHATHAM LANDING COLLEGE PARK COUNTRY HAVEN COVENTRY ELIZABETH RIVER SHORES ELIZABETH RIVER TERR FOXON WOODS GLENWOOD GLENWOOD HAVEN ESTATES HAVEN HEIGHTS HOMESTEAD HOMESTEAD INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN RIVER JONATHANS COVE KEMPS & CNTVLE ARTERY KEMPSVILLE PLANTATION KINGS CREEK POINT KNOB HILL LAKE CHRISTOPHER LAKE JAMES LAKEVILLE ESTATES LE COVE LEVEL GREEN LEVEL GREEN LEVEL GREEN LEVEL GREEN SUB-NEIGHBORHOOD BENTLEY GATE JAMESTOWNE C2 F2 H2-1 H2-2 OWL CT SITEI&2, SF SITE 3, SF VILLAGES SEMI DET CENTERVILLE SINGLE FAMILY TOTAL PARCEL COUNT 12 480 36 263 113 26 27 142 1773 94 106 14 218 166 137 94 104 129 29 46 66 25 45 363 274 197 62 24 282 115 62 PARCELSWITH PERCENT IMPROVEMENTS OF CHANGE MEAN 10 1.49787 $155,227.00 480 2.89306 $118,649.00 36 2.69579 $114,616.00 263 2.53189 $133,840.00 104 6.46467 $122,696.00 26 2.01172 $101,417.00 26 0.06033 $171,623.00 142 2.62939 $177,413.00 1768 2.40701 $126,634.00 93 3.11473 $87,132.00 101 3.43626 $116,295.00 14 0. $112,864.00 214 2.20906 $129,552.00 166 3.89761 $94,043.00 137 0.17451 $93,168.00 94 3.12635 $90,502.00 104 3.33082 $96,788.00 129 -0.0101 $83,731.00 29 0.00005 $108,142.00 17 0.09368 $251,454.00 40 4.46183 $107,051.00 66 3.67084 $167,403.00 22 1.43952 $175,918.00 41 4.75757 $98,984.00 362 1.75452 $134,261.00 274 0.38711 $172,067.00 197 4.29716 $101,899.00 61 1.61874 $178,449.00 24 0.17990 $63,297.00 282 4.02422 $108,873.00 111 0.62010 $102,088.00 62 3.55881 $73,898.00 MEDIAN $153,936.00 $119,288.00 $113,524.00 $132,952.00 $111,444.00 $101,234.00 $171,395.00 $179,780.00 $128,100.00 $87,454.00 $115,120.00 $110,348.00 $129,187.00 $96,772.00 $95,180.00 $91,132.00 $98,558.00 $82,112.00 $82,848.00 $224,630.00 $96,400.00 $167,867.00 $169,657.00 $97,682.00 $128,884.00 $171,534.00 $100,990.00 $176,330.00 $65,648.00 $109,554.00 $101,792.00 $71,528.00 DATE: 02/14/00 NBIGHBORHOOD MACDONALD PARK NEWLIGHT NEWLIGHT NEWLIGHT NEWLIGHT NEWLIGHT NEWLIGHT NEWLIGHT POWHATAN HEIGHTS PROVIDENCE LANDING QUEEN CITY RIVERCREST LANDING RIVERTON ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST SALEM RD SHERRY PARK WESTVIEW VILLAGE WHITEHURST GROVE WHITEHURST WOODS WOOD FARM WOODHAVEN WOODRIDGE WOODSTOCK SUB-NEIGHBORHOOD DUPLEX-THOMPK CT FERRY POINT LDNO FOXGLENN CT SF THOMPK1NS LANDING VACANT LAND VARIOUS DUPLEXES SEC 1/VINYL SEC 1/WOOD CENTERVILLE SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 66 64 0. 10 10 1.02484 18 18 0. 13 13 2.10717 77 77 2.56403 26 26 0.67277 51 0 0. 12 12 3.51034 60 59 1.10011 32 32 1.32474 47 31 13.3489 7 7 4.58241 184 184 1.13162 281 280 0.09140 171 171 1.54730 1136 1136 2.73809 31 28 5.642 167 166 0.47299 130 130 3.87869 201 201 0.33866 38 38 1.33575 143 143 2.92659 48 45 2.87990 127 127 0. 251 248 1.31326 197 197 1.52122 MEAN $87,364.00 $98,576.00 $83,196.00 $136,350.00 $87,742.00 $94,733.00 $43,164.00 $95,455.00 $92,244.00 $140,546.00 $35,870.00 $294,479.00 $120,526.00 $81,604.00 $83,032.00 $99,837.00 $129,054.00 $90,650.00 $99,190.00 $117,039.00 $124,052.00 $94,259.00 $92,781.00 $110,697.00 $138,312.00 $105,629.00 MEDIAN $84,267.00 $106,456.00 $82,606.00 $140,200.00 $81,006.00 $94,386.00 $0.00 $95,880.00 $92,150.00 $139,927.00 $24,720.00 $275,194.00 $119,379.00 $81,581.00 $81,388.00 $99,716.00 $115,632.00 $88,755.OO $96,640.00 $118,824.00 $123,844.00 $92,704.OO $91,570.00 $109,856.00 $134,230.00 $107,214.00 DATE: 02/14/00 NEIGHBORHOOD DRIFT TIDE CONDOMINIUM GLENWOOD GLEN'WOOD GLENWOOD INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO INDIAN LAKES CONDO LAKE PRINCESS ANNE LEVEL GREEN WILLOW CREEK POINTE WOODSTOCK POINT CONDO SUB-NEIGHBORHOOD GRAND BAY VILLAS WOODBRIDGE CANDLE RIDGE COBBLESTONE TRACE KEMPS QUARTERS LAKES END MICHAELS MEWS POINTS WEST WINCHESTER PT OWL CT CONDO CENTERVILLE CONDOMINIUMS TOTAL PARCEL COUNT 170 56 112 144 32 60 97 92 48 90 94 100 6 15 PARCELS WITH PERCENT IMPROVEMENTS OF CHANGE MEAN 170 -8.9567 $63,359.00 56 1.40646 $72,100.00 112 1.80977 $64,328.00 144 1.46521 $72,427.00 32 0. $59,657.00 60 0. $63,074.00 97 0. $46,227.00 92 0. $56,734.00 48 0. $61,002.00 90 0.00045 $73,194.00 94 0. $50,360.00 100 0. $47,701.00 6 0. $59,650.00 64 3.32070 $64,344.00 15 1.04361 $249,966.00 MEDIAN $58,776.00 $71,198.00 $62,014.00 $62,720.00 $57,251.00 $66,638.00 $45,058.00 $56,924.00 $62,916.00 $74,825.00 $51,032.00 $47,570.00 $59,720.00 $68,110.00 $252,972.00 DATE: 02/14/00 NEIGHBORHOOD CARRIAGE MILL COLLEGE PARK COLLEGE PARK GLEN-WOOD INDIAN LAKES INDIAN LAKES JAMESTOWNE/S TONEYBROOK LEVEL GREEN TH LEVEL GREEN TH LEVEL GREEN TH PROVIDENCE POINTE ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST ROSEMONT FOREST CENTERVILLE TOWNHOUSES TOTAL PARCEL PARCELS WITH PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OF CHANGE TH 121 121 -2.6031 DORCHESTER VILLGE 100 100 2.22598 GLYNDON VILLAGE 125 125 -3.2521 GLENWOOD GREEN 72 72 2.25829 COLONY POINTE 238 238 0. J2 175 175 0.84075 161 161 2.24493 PINEWOOD VILLAGE 98 98 -0.7987 THE VILLAGES 149 149 4.41008 328 326 -1.5812 76 75 4.91615 HIDDEN COVE 100 100 2.60102 HORIZON/WEBSTER 131 131 2.87464 HUNTERS SQUARE 78 78 0. TOWNHOUSES 348 348 2.25890 MEAN $93,025.00 $63,867.00 $65,905.00 $88,500.00 $67,715.00 $62,194.00 $64,449.00 $57,432.00 $58,655.00 $59,015.00 $52,472.00 $63,849.00 $53,993.00 $71,295.00 $67,929.00 MEDIAN $94,780.00 $64,888.00 $63,984.00 $89,573.00 $67,920.00 $62,356.00 $64,581.00 $55,712.00 $58,392.00 $57,970.00 $52,748.00 $60,312.00 $53,902.00 $72,160.00 $66,417.00 DATE: 02/14/00 NEIGHBORHOOD ACREDALE AMHURST ARROWHEAD BELLAMY MANOR BELLAMY MANOR BELLAMY MANOR EAST BELLAMY MANOR EST SEC5 BELLAMY MANOR ESTATES BELLAMY MANOR-N BELLAMY WOODS BONNEY/BAXTER ROAD BOULEVARD MANOR BROOKEFIELD CROSSING CAROLANNE FARM CAROLANNE POINT CAROLYNNE GARDENS CLEAR ACRES DUNBARTON FAIR MEADOWS FAIRFIELD FAIRFIELD FOREST/SHRS FOX RUN HLrNTINGTON HUNTINGTON ESTATES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES INDIAN LAKES SUB-NEIGHBORHOOD SEC B1 SEC C A1 B1 C1 C1A-SD C1A-SF D1 E1 F1 KEMPSVILLE SINGLE FAMILY TOTAL PARCEL COUNT 292 59 748 42 223 30 97 389 158 313 63 56 42 623 28 20 18 228 140 766 135 274 283 193 169 96 39 56 77 208 111 PARCELS WITH IMPROVEMENTS 292 59 747 4O 221 30 97 388 155 306 42 56 42 617 28 2O 18 228 131 765 133 274 282 94 193 169 96 39 56 77 2O8 111 PERCENT OF CHANGE 1.93857 0.29108 2.86358 6.15308 2.66991 0. -0.0133 0.08109 1.58643 0.30304 0.87039 4.04401 1.35236 0.03543 9.01719 2.13802 0.75045 3.52584 2.94341 2.79569 2.34150 1.85624 3.45851 2.07160 1.49002 1.52574 3.11387 2.48054 3.78759 3.67855 -0.0591 3.00337 MEAN $105,606.00 $84,465.00 $104,026.00 $163,026.00 $152,387.00 $182,050.00 $193,262.00 $166,016.00 $133,767.00 $214,282.00 $77,032.00 $82,126.00 $156,167.00 $108,730.00 $157,480.00 $95,544.00 $73,780.00 $121,306.00 $88,352.00 $168,429.00 $195,610.00 $123,755.00 $101,699.00 $120,426.00 $113,344.00 $113,959.00 $84387.00 $80,176.00 $87,906.00 $115,107.00 $85,462.00 $11~259.00 MEDIAN $103,525.00 $84,472.00 $100,322.00 $164,968.00 $144,542.00 $181,376.00 $194,667.00 $163,577.00 $133,220.00 $212,845.00 $58,094.00 $82,383.00 $155,242.00 $106,128.00 $156,464.00 $96,974.00 $77,547.00 $119,236.00 $88,020.00 $166,778.00 $192,624.00 $123,470.00 $1OO,206.00 $120,337.00 $114,000.00 $115,100.00 $84,776.00 $82,342.00 $88,662.00 $114,482.00 $85,724.00 $115,936.00 DATE: 02/14/00 NEIGHBORHOOD INDIAN LAKES KEMPSVILLE AREA KEMPSVILLE COLONY KEMPSVILLE GARDENS KEMPSVILLE HEIGHTS KEMPSVILLE MANOR KEMPSVILLE PARKWAY LARK DOWNS LARK DOWNS LARKSPUR LARKSPUR FARMS LARKSPUR GREENS LARKSPUR GREENS LARKSPUR GREENS LARKSPUR MEADOWS MEADOW WOODS OAKENGATE POCAHONTAS VILLAGE POINT O VIEW RIDGLEA SALEM WOODS SHANNON STRATFORD CHASE STRATFORD FOREST STRATFORD GREEN TIMBERLAKE TIMBERLAKE TIMBERLAKE TIMBERLAKE TIMBERLAKE WEAVERVILLE/PR ANNE RD KEMPSV1LLE SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OF CHANGE M1 104 104 1.71517 31 25 3.99279 178 177 3.75272 37 34 -0.5068 193 190 6.67688 52 50 6.76041 16 10 -1.0227 SEC 3 58 58 2.52303 112 112 3.61966 545 538 0.11252 43 43 1.08542 BOYD 24 24 1.94584 SF 248 248 1.00778 WOODBRIDGE-SD 54 54 0. 195 195 0.41142 23 23 5.94217 21 20 1.05992 353 352 0.21163 232 229 1.61542 122 121 3.39713 1082 1082 1.97330 35 35 4.22153 423 419 3.18681 17 17 6.95622 23 23 3.69850 CINMNRDG/MISTYMDW 106 106 0. DOMINION 72 72 0. GLEN WILLOW 99 99 2.46670 THE COVE 23 23 0.08455 WILLOW WOOD 156 156 2.09966 47 37 14.4760 MEAN $89,411.00 $134,367.00 $120,698.00 $94,452.00 $116,963.00 $118,412.00 $86,181.00 $93,691.00 $115,204.00 $165,596.00 $219,229.00 $85,058.00 $112,511.00 $79,523.00 $174,994.00 $112,035.00 $162,266.00 $86,538.00 $139,417.00 $122,762.00 $144,245.00 $120,973.00 $154,984.00 $184,962.00 $192,002.00 $79,542.00 $68,499.00 $87,487.00 $76,733.00 $72,162.00 $133,202.00 MEDIAN $89,347.00 $120,905.00 $122,430.00 $92,946.00 $113,991.00 $115,656.00 $73,248.00 $93,452.00 $114,254.00 $166,747.00 $217,530.00 $84,812.00 $110,524.00 $79,168.00 $171,935.00 $109,058.00 $164,596.00 $84,654.00 $135,788.00 $122,625.00 $148,260.00 $122,878.00 $154,226.00 $184,588.00 $190,408.00 $77,560.00 $68,772.00 $86,042.00 $76,578.OO $73,976.00 $98,618.00 DATE: 02/14/00 NEIGHBORHOOD BRENNEMAN FARM CONDO BROOKSIDE CONDOMINIUM CHARTER LAKES DIAMOND SPRINGS CONDO FAIRFIELD GDNS CONDO GABLES AT BELLAMY HUNT CLUB CONDOMINIUM KEMPS LAKE CONDOS KEMPSVILLE GREENS KEMPSVILLE GREENS NEWPOINTE CONDO SUMMERSET LAKE CONDO SUB-NEIGHBORHOOD CONDOS 3ST-CONDOS THE GABLES KEMPSVILLE CONDOMINIUMS TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 148 148 0. 184 184 0. 121 121 0. 84 84 1.59948 156 156 1.66854 95 95 3.38701 24 24 1.24583 33 25 2.85808 48 48 2.26753 197 197 0.11225 432 432 0. 13 13 5.12802 MEAN $77,573.00 $49,685.00 $90,034.00 $63,520.00 $67,635.00 $104,905.00 $75,728.00 $101,236.00 $105,596.00 $89,095.00 $40,294.00 $124,515.00 MEDIAN $77,330.00 $49,204.00 $93,158.00 $63,520.00 $67,580.00 $104,760.00 $75,599.00 $101,476.00 $102,624.00 $89,464.00 $39,608.00 $128,528.00 DATE: 02/14/00 NBIGHBORHOOD AMHURST TOWNHOUSES ARROWHEAD TOWNHOUSES BAXTER WOODS TOWNHOUSE CAMPUS EAST TOWNHOMES CHARTER LAKES FAIRFIELD MILL FAIRWAYS GRAND LAKE INDIAN LAKES JAMESTOWNE KEMPSHIRE MANOR KEMPSVILLE GREENS KEMPSVILLE LAKE LAKE EDWARD LAKE EDWARD LARKSPUR MEADOWS LARKSPUR MEADOWS TH LARKSPUR MEADOWS TH LARKSPUR MEADOWS TH NORTHRIDGE PARLIAMENT VILLAGE TIMBERLAKE TURNBERRY TOWNHOMES WEBLIN PLACE WEBLIN POINTE WOODSCAPE SUB-NEIGHBORHOOD COLLEGE WOODS TOWNHOUSES COLONY OAKS TOWNHOUSES WESLEYAN FST/SD KEESWICK COMMONS LARKSPUR COM PH 2 N & P ASSOC OLD TOWNE ASSOC HOLLY TREE KEMPSVILLE TOWNHOUSES TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 149 148 0. 161 161 3.71571 73 73 1.10249 24 24 0. 75 75 0.25143 46 46 3.17267 55 55 0. 145 145 -2.1354 384 384 0. 203 203 3.02412 104 104 2.67193 148 148 1.31811 1268 1267 1.14055 76 76 0.02217 780 776 0.10578 80 80 -0.0487 17 17 0. 66 66 0. 58 58 1.07575 368 368 0. 252 252 0.02612 163 163 0. 63 63 1.79078 122 122 0. 118 118 0. 113 113 4.66279 MEAN $56,694.00 $61,999.00 $77,624.00 $74,640.00 $86,933.00 $99,152.00 $88,796.00 $50,160.00 $62,641.00 $75,588.00 $69,324.00 $144,316.00 $79,171.00 $59,350.00 $46,943.00 $91,404.00 $75,653.00 $73,779.00 $98,627.00 $53,791.00 $64,112.00 $60,026.00 $79,125.00 $58,599.00 $52,481.00 $64,410.00 MEDIAN $58,708.00 $60,262.00 $78,184.00 $75,284.00 $86,514.00 $99,571.00 $86,656.00 $49,696.00 $61,688.00 $75,568.00 $69,160.00 $144,138.00 $78,664.00 $59,970.00 $46,214.00 $85,124.00 $75,298.00 $75,034.00 $99,608.00 $54,880.00 $64,317.00 $59,840.00 $79,096.00 $57,436.00 $53,432.00 $66,396.00 DATE: 02/14/00 NEIGHBORHOOD ALAHTON ALANTON BAY COLOHY BAY ISLAND BAYCLIFF BELL HAVEN BIRCHWOOD BIRCHWOOD BIRCHWOOD BIRDNECK POINT BISHOPSGATE BRAY ROAD BRAY ROAD BRIGHTON ON THE BAY BROAD BAY COLONY BROAD BAY ESTATES BROAD BAY POR~Fr GREENS CAMDEN ESTATES CAPE HENRY SHORES CAPE STORY BY THE SEA CAPE STORY BY THE SEA CHELSEA COLONIAL OAKS EASTERN PARK FIRST COLONIAL ESTATES FOREST PARK GAY DRIVE/BAYWAY RD GLOUCESTER VILLAGE GODFREY LANE GREAT NECK ESTATES GREAT NECK FARM GREAT NECK MANOR SUB-NEIGHBORHOOD LINKHORN SHORES BIRCHWOOD CEDAR BIRCHWOOD GARDENS BIRCHWOOD SOUTH RIVERS EDGE COVE DUPLEX LYNNHAVEN SINGLE FAMILY TOTAL PARCEL COUNT 70 456 856 209 283 66 22 6O2 98 259 96 10 87 132 203 130 298 35 187 87 518 106 168 285 17 31 14 75 14 237 173 56 PARCELS WITH IMPROVEMENTS 66 442 799 201 276 66 22 600 97 249 94 6 82 129 198 130 285 35 187 87 447 104 168 272 17 31 11 74 10 236 173 56 PERCENT OF CHANGE 1.23409 3.09485 4.07219 3.20157 4.96012 3.74302 8.28903 6.16015 2.47224 3.27590 0.63084 -0.0875 0.04481 7.28167 5.42622 2.79844 2.00021 1.41542 6.26471 6.64968 8.02351 2.19143 3.09918 0.54474 O. 2.74358 10.8522 2.13660 -0.5980 1.27070 1.25248 -0.0236 MEAN $640,386.00 $275,138.00 $392,304.00 $361,427.00 $267,785.00 $79,265.00 $113,314.00 $101,876.00 $116,775.00 $470,048.00 $362,629.00 $375,890.00 $237,679.00 $336,009.00 $268,529.00 $286,609.00 $400,132.00 $114,757.00 $250,934.00 $195,134.00 $173,771.00 $297,146.00 $176,213.00 $89,535.00 $141,849.00 $187,243.00 $144,917.00 $148,523.00 $494,413.00 $156,975.00 $165,211.00 $104,895.00 MEDIAN $568,840.00 $205,59O.00 $312,382.00 $320,260.00 $224,708.00 $77,099.00 $111,080.00 $102,002.00 $115,626.00 $430,784.00 $349,146.00 $297,894.00 $211,524.00 $292,868.00 $246,892.00 $277,890.00 $335,059.00 $113,965.00 $242,686.00 $156,320.00 $158,184.00 $269,702.00 $170,212.00 $84,480.00 $140,573.00 $188,383.00 $145,340.00 $145,842.00 $482,400.00 $147,816.00 $166,010.00 $103,692.00 DATE: 02/14/00 NEIGHBORHOOD GREAT NECK MEADOWS GREAT NECK PINES GREAT NECK POINT GREEN HILL BY THE BAY GREEN HILL FARM GROVELAND PARK GROVELAND PARK GROVELAND PARK KINGS GRANT KINGS GRANT KINGS GRANT KINGS GRANT KINGS GRANT KINGS GRANT KINGS GRANT KINGS GROVE KINGS NECK WOODS KINGS POINT KINGS POINT EAST LAUREL COVE LAUREL COVE EAST LAUREL MANOR LINKHORN COVE LINKHORN ESTATES LINKHORN ESTATES LINKHORN OAKS LINLIER LITTLE NECK LITTLE NECK LITTLE NECK LITTLE NECK LITTLE NECK SUB-NEIGHBORHOOD SECTION 1 SECTION 2 SECTION 3 DONCASTER POINT MISC ROYAL GRANT SEC 1-2-3 SEC 4-5 SEC 6-10 SEC- 11 CANNON/DOGWD/ARAG KFLNSH~ OLD SHELL POINT REDWOOD/H BREEZE SEABREEZE FARMS LYNNHAVEN SINGLE FAMILY TOTAL PARCEL COUNT 368 29 222 28 56 68 109 8 7 2 124 281 497 397 110 43 41 136 93 306 22 154 83 103 214 31 86 7O 4 107 102 682 PARCELS WITH IMPROVEMENTS 368 29 184 28 55 68 109 8 5 0 120 275 493 395 108 43 41 136 91 306 22 154 82 2O6 20 79 49 1 101 92 598 PERCENT OF CHANGE 2.72532 0.37977 3.24825 1.92412 3.24315 1.99076 2.19853 2.01636 1.53859 0. 6.80040 2.57608 3.31926 3.34394 4.75136 3.07250 2.83037 2.54942 1.51952 2.05215 1.20526 4.44249 3.32337 4.27695 2.31903 6.00270 3.42594 3.61012 0.73483 4.02114 2.76918 4.93314 MEAN $188,560.00 $280.803.00 $445.873.00 $394685.00 $305930.00 $106132.00 $114 489.00 $137275.00 $348518.00 $2,250.00 $382 971.00 $155 012.00 $164619.00 $195 850.00 $235 907.00 $142 016.00 $127 218.00 $131 263.00 $127 596.00 $161 964.00 $158397.00 $90,908.00 $299,790.00 $261,049.00 $262,088.00 $442,017.00 $394,438.00 $529,840.00 $335,517.00 $320,638.00 $431,845.00 $339,269.00 MEDIAN $188,609.00 $275,216.00 $390,058.00 $356,068.00 $248,402.00 $104,752.00 $111,372.00 $132,304.00 $341,561.00 $2,250.00 $349,886.00 $150,841.00 $161,235.00 $190,102.00 $223,071.00 $141,117.00 $130,621.00 $129,779.00 $126,145.00 $156,232.00 $158,814.00 $89,614.00 $269,558.00 $188,413.00 $189,874.00 $406,230.00 $351,403.00 $434,654.00 $335,517.00 $287,846.00 $356,349.00 $267,543.00 DATE: 02/14/00 NEIGHBORHOOD LITTLE NF__~K ESTATES LITTLE NECK VILLAGE LYNNHAVEN LYNNHAVEN COLONY LYNNHAVEN COLONY MAt,mU MALIBU MEADOWRIDGE MICHAELS GLEN MIDDLE PLANTATION MIDDLE PLANTATION MILL DAM FOREST MILL DAM POINTE NORTH VIRGINIA BEACH NORTH VIRGINIA BEACH NORTH VIRGINIA BEACH NORTH VIRGINIA BEACH OLD DONATION WOODS OLD MILL DAM RD OLD MILL DAM RD PEMBROKE MANOR PEMBROKE MEADOWS PRINCESS ANNE HILLS RESERVE RIVER & SHOREHAVEN RDS SHANNON KNOLL SOUTHERN POINTS SOUTHERN POINTS NORTH SOUTHERN TERRACE SYLVAN LAKE SYLVAN LAKE SUB-NEIGHBORHOOD DUPLEX KINGS FOREST PHASE 6 CRYSTAL ACRES DUPLEX PIRATES HILL MILL DAM (NEW) SI,i~.EPY HOL-SANDEE LYNNHAVEN SINGLE FAMILY TOTAL PARCEL COUNT 10 81 36 8 331 320 430 61 13 136 307 28 18 232 25O 16 1154 20 28 57 824 511 143 121 168 18 286 18 38 17 54 439 PARCELS WITH IMPROVEMENTS 8 65 11 8 320 294 422 59 11 136 3O3 28 16 222 25O 15 1070 20 11 37 822 511 138 10 151 18 285 18 38 16 52 420 PERCENT OF CHANGE 3.96969 3.89853 1.654 0. 4.40369 2.74623 1.66514 3.20191 0.26918 5.28188 -33.865 6.15724 3.34847 6.63369 9.73261 2.67311 9.92769 4.18720 1.06916 4.01353 3.70733 2.28686 8.40298 2.59882 3.18575 0. 0.95147 3.04430 1.16262 0.07379 3.14810 5.95592 MEAN $303,011.00 $100,753.00 $1,197,083.00 $167,043.00 $196,707.00 $128,620.00 $84,238.00 $414,445.00 $300,141.00 $427,100.00 $291,595.00 $309,214.00 $311,941.00 $253,733.00 $266,232.00 $325,608.00 $347317.00 $152 897.00 $251 777.00 $105 807.00 $104053.00 $130 616.00 $424 199.00 $358909.00 $422,639.00 $170,080.00 $182,001.00 $174,712.00 $83,OO5.00 $155,378.00 $238,382.00 $205,776.00 lVIF~DIAN $302,424.00 $86,340.00 $793,276.00 $142,864.00 $187,135.00 $126,903.00 $82,251.00 $304,294.00 $297,088.00 $374,080.00 $280,717.00 $313,688.00 $297,772.00 $193,227.00 $232,044.00 $304,159.00 $267,728.00 $153,740.00 $90,000.00 $84,932.00 $102,580.00 $123,942.00 $403,620.00 $130,000.00 $355,464.00 $170,884.00 $175,273.00 $175,342.00 $81,410.00 $146,895.00 $232,968.00 $183,944.00 DATE: 02/14/00 NEIGHBORHOOD THALIA FOREST THALIA MANOR TRANT BERKSHIRE AREA WELLINGTON WOODS WIMBLEDON ON THE BAY WOLFSNARE PLANTATION WOODHURST SUB-NEIGHBORHOOD LYNN-HAVEN SINGLE FAMILY TOTAL PARCEL COUNT 29 391 374 254 79 208 85 PARCELS WITH IMPROVEMENTS 29 345 347 253 79 205 82 PERCENT OF CHANGE 2.67423 4.82554 4.33631 2.78542 2.22865 4.78266 5.00861 MEAN $174,663.00 $117,858.00 $308,307.00 $151,480.00 $411,940.00 $166,216.00 $122,380.00 MEDIAN $173,866.00. $117,060.00 $264,429.00 $152,275.00 $376,202.00 $155,242.00 $121,488.00 DATE: 02/14/00 NEIGHBORHOOD ARBORS AT CAPE HENRY BAY BREEZE CONDO BAY BREEZE VILLAS COND BAYS EDGE CONDO BEACH CASTLE CONDO BREAKERS 1 &2/SANDOLLAR CAPE HENRY TOWERS CAPE HENRY VILLAS COND CAPE STORY BY THE SEA CASA DEL PLAYA CONDO CHANCELLOR WALK CHANDLERS WATCH CONDO COVE POINT CONDOMINIUM GREAT NECK BEACH CONDO GREAT NECK LANDING GREAT NECK VILLAS HARBOR VIEW CONDO HARBOUR GATE INLET COLONY CONDO LA JOLLA CONDO LESNER POINTE CONI~ LESNER POINTE CONDO LESNER VILLAS CONDOS LINKHORN CIRCLE CONDO LONG CREEK COVE CONDO LYNN LANDING CONDO LYNNHAVEN BEACH CONDO LYNNHAVEN SHORES CONDO LYNNSHORE CONDOMINIUM MAI-KAI CONDOMINIUM MILL CREEK CONDOMINIUM NORTH VIRGINIA BEACH SUB-NEIGHBORHOOD CONDO LESNER PT EAST CO-OP LYNNItAVEN CONDOMINIUMS TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 90 90 2.57681 8 8 8.37382 36 36 2.11825 26 26 2.16627 10 10 0.52138 57 57 1.88510 199 199 3.95546 78 78 3.61751 48 48 4.06130 30 30 8.44046 12 12 1.62597 4 4 0.74555 64 64 7.28012 21 21 2.18048 132 132 0. 136 136 3.50333 23 23 0.11728 120 120 7.20748 63 63 0. 9 9 1.39648 42 42 5.33479 96 96 4.81893 60 60 1.16921 13 13 1.30845 49 47 3.79133 30 30 7.45591 108 108 0.94053 40 40 1.44572 24 24 0. 34 34 0. 51 51 0. 12 12 12.0822 MEAN $185,003.00 $101,957.00 $84,365.00 $166,685.00 $154,238.00 $94,058.00 $106,975.00 $75,880.O0 $196,847.00 $167,020.00 $167,337.00 $111,886.00 $207,225.00 $74,710.00 $66,533.00 $126,821.00 $208,424.00 $144,408.00 $69,439.00 $91,341.00 $225,655.00 $229,977.00 $114,216.00 $77,426.00 $159,582.00 $89,834.00 $143,096.00 $70,170.00 $81,095.00 $104,076.00 $167,670.00 $208,724.00 MEDIAN $182,282.00 $101,393.00 $83,511.00 $135,716.00 $133,370.00 $93,212.00 $99,000.00 $73,886.00 $166,155.00 $172,720.00 $168,296.00 $121,552.00 $206,474.00 $73,792.0O $66,142.00 $123,802.00 $217,975.00 $140,000.00 $69,010.00 $91,341.00 $185,678.00 $204,678.00 $109,192.00 $75,716.00 $149,451.00 $92,075.00 $144,236.00 $75,832.00 $80,372.00 $103,944.00 $168,044.00 $206,799.00 DATE: 02/14/00 NBIGHBORHOOD NORTH VIRGINIA BEACH OCEAN SHORE CONDOS OSPREY VILLAS CONDO OYSTER BAY CONDOMINIUM PAGE AV/LYNN SHORE CON PAGE AVENUE CONDO PAGE SHORES CONDO PELICANS NEST CONDO PEMBROKE CROSSING COND PEPPER TREE A CONDO POSEIDON CT RED TIDE ROAD CONDOS ROYAL COURT CO~ SAND SPUR VILLAS SEA SHELL VILLAS SEAGATE COLONY I SEASHORE CONDOMINIUM SHIPS WATCH CONDO SHOREHAVEN CONDOMINIUM SHORELINE VILLAS STARFISH SHORES CONDO SUNSET WATCH CO~ THE DUNES CONDOMINIUM THE LANDINGS THE MOORINGS CONDOS VISTA CIR/BAY PT CONDO VISTA POINTE/HOLLY OAK WALDON BY CHESAPEAKE SUB-NEIGHBORHOOD CONDOS LYNNHAVEN CONDOMINIUMS TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 666 660 6.98683 9 9 4.29853 12 12 1.22063 11 11 0.41596 2 2 1.82400 16 16 0. 12 12 3.97846 6 6 2.57539 88 88 0.95733 144 144 0. 3 3 8.14174 3 3 0. 58 58 7.85595 14 14 8.32962 12 4 0.81414 152 152 2.15525 18 18 0.47479 44 44 7.41336 48 48 0.27687 12 12 4.33566 6 6 0.90181 9 9 3.48092 11 11 0. 78 78 0. 13 13 4.95216 32 32 1.32388 21 21 0. 48 48 2.42043 MEAN $253,335.00 $383,044.00 $276,416.00 $109,729.00 $223,298.00 $67,046.00 $52,271.00 $179,496.00 $69,074.00 $52,277.00 $376,334.00 $86,004.00 $193,752.00 $168,081.00 $151,755.00 $133,151.00 $72,796.00 $260,805.00 $76,509.00 $129,082.00 $111,887.00 $249,220.00 $181,229.00 $192,468.00 $163,012.00 $80,149.00 $105,574.00 $117,517.00 MEDIAN $228,656.00 $383,871.00 $229,068.00 $89,819.00 $223,298.00 $67,608.00 $52,476.00 $181,072.00 $70,664.00 $56,528.00 $362,552.00 $84,130.00 $184,405.00 $168,081.00 $56,000.00 $121,000.00 $70,170.00 $202,432.00 $75,686.00 $129,082.00 $1,105,540.0 $190,296.00 $148,993.00 $143,994.00 $110,725.00 $78,351.00 $92,234.00 $108,549.00 DATE: 02114100 NEIGHBORHOOD CHESAPEAKE BAY SHORES CHESHIRE GREAT NECK TOWNHOMES KINGS GRANT LDNG SOUTH KINGS TOWNE LAKE POINT TOWNHOUSE PEMBROKE PARK PEMBROKE SHORES TH SOUTHALL QUARTER THALIA WAYSIDE TOWNHMS WILDWOOD SQUARE WIND ROSE TOWNHOUSES SUB-NEIGHBORHOOD LYNNHAVEN TOWNHOUSES TOTAL PARCEL COUNT 52 92 29 109 54 12 9O 9O 174 356 77 18 PARCELS WITH IMPROVEMENTS 52 92 29 109 54 11 9O 9O 174 354 76 18 PERCENT OF CHANGE 1.85223 7.34328 2.04979 2.72221 -0.2423 1.29740 -1.4933 2.20337 3.65071 1.39868 5.15499 O. MEAN $228,415.00 $73,212.00 $73,555.00 $100,031.00 $9O,866.00 $77,986.00 $68,110.00 $72,515.00 $129,307.00 $80,118.00 $81,679.00 $209,582.00 MEDIAN $181,476.00 $71,240.00 $74,386.00 $102,020.00 $84,234.00 $77,632.00 $67,412.00 $70,870.00 $136,004.OO $78,892.00 $79,420.00 $206,488.00 DATE: 02/14/00 PRINCESS ANNE SINGLE FAMILY NEIGHBORHOOD ATLANTIC SHORES BELLWOOD ESTATES BLACKWATER BRIDLEWOOD BUCKNER FARM BUYRN FARM NORTH BUYRN FARM SOUTH CARDINAL ESTATES CASON FARM CASTLETON CASTLETON CASTLETON CASTLETON CASTLETON CASTLETON CASTLETON CHRISTOPHER FARMS CHRISTOPHER FARMS/NEW COURT HOUSE FOREST COURT HOUSE FOREST N COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES COURTHOUSE ESTATES SUB-NEIGHBORHOOD BARK ROYAL BRENTFORD CAMDEN VILLAGE KESWICK VILLAGE KINGS CROSSING RADCLIFF AMHERST APPOMATTOX CHARLOTTE VILLAGE HIGHLAND VILLAGE LANCASTER VILLAGE MADISON VILLAGE MATTHEWS VILLAGE PRINCESS ANNE VLG ROCKBRIDGE SHENANDOAH VLG SUSSEX VILLAGE WARWICK TOTAL PARCEL COUNT 238 183 594 14 432 71 31 256 39 49 73 29 125 63 69 181 166 134 75 22 58 95 9O 67 101 39 110 76 74 25 128 79 PARCELS WITH PERCENT IMPROVEMENTS OF CHANGE MEAN 114 -0.3964 $261,360.00 181 -0.0170 $178,744.00 364 2.7602 $150,521.00 10 12.7773 $271,146.00 281 0.41456 $146,662.00 71 2.07326 $125,700.00 31 2.60384 $194,531.00 197 0.22484 $55,159.00 38 0.92577 $120,242.00 0 O. $40,000.00 35 4.54949 $134,987.00 19 0.35713 $118,695.00 48 8.01962 $149,085.00 18 7.83000 $142,400.00 0 15.3877 $40,645.00 159 1.59382 $200,398.00 166 5.87444 $173,562.00 134 1.99453 $190,744.00 72 0.90268 $128,795.00 22 0. $154,310.00 58 4.04838 $134,174.00 95 1.06875 $174,225.00 90 4.39696 $150,155.00 67 -0.1358 $149,719.00 22 5.74665 $188,179.00 0 2.60521 $38,000.00 110 1.22953 $136,154.00 76 5.01638 $148,952.00 74 1.76153 $130,632.00 0 2.56937 $38,000.00 128 0.49775 $137,465.00 79 2. 52752 $146,999.00 MEDIAN $28,000.00 $178,497.00 $108,048.00 $250,864.00 $136,322.00 $127,537.00 $194,982.00 $53,344.00 $116,864.00 $40,000.00 $134,987.00 $114,417.00 $149,085.00 $142,400.00 $40,645.00 $199,281.00 $174,334.00 $189,962.00 $125,120.00 $152,564.00 $133,606.00 $175,712.00 $150,340.00 $149,650.00 $173,912.00 $38,000.00 $136,212.00 $149,730.00 $129,524.00 $38,000.00 $137,168.00 $147,318.00 DATE: 02/14/00 NEIGHBORHOOD COURTHOUSE ESTATES COURTHOUSE ESTATES CULVER ACRES CULVER WOODS FARMERS COURT FOXFIRE GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GUNN HALL MANOR HERON RIDGE ESTATES HIDDEN OAKS H/GHGATE CROSSING HIGHGATE GREENS HILLCREST FARMS HOLLAND FARMS HOLLAND OAKS HOLLAND PINES HOLLAND PINES HOLLAND PINES WEST HOLLAND WOODS HUNT CLUB FOREST HUNT CLUB WEST HUNTERS RUN INDIAN RIVER PLANT KEMPSVILLE LAMPLIGHT MANOR LANDSTOWN COURT LANDSTOWN LAKES LANDSTOWN MEADOWS SUB-NEIGHBORHOOD WESTMORELAND WYTHE VILLAGE AMBERLY FOREST THE CIRCLE (A) WOODLAND ESTATES WOODLAND MEADOWS PACE PRINCESS ANNE SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 64 64 4.87065 78 78 0.87111 28 28 3.43605 11 10 2.49352 12 12 8.77263 318 318 2.30625 380 380 2.79422 321 321 1.85419 161 161 3.03681 136 136 4.75531 39 39 0. 110 4 0. 47 40 3.15826 29 10 4.87229 177 172 3.94418 308 298 0.09542 111 111 1.97815 93 92 2.97479 28 28 2.56162 180 178 1.56170 91 91 1.93668 82 82 3.26075 373 373 2.59526 30 30 3.40828 73 73 4.28238 103 55 3.29810 190 118 9.8487 631 571 2.07666 133 133 5.67914 45 45 4.06356 325 325 3.93404 534 534 2.68679 MEAN $168,566.00 $136,768.00 $106,619.00 $133,797.00 $143,130.00 $138,805.00 $94,466.00 $100,223.00 $96,042.00 $99,632.00 $57,655.00 $302,952.00 $171,704.00 $225,517.00 $233,020.00 $177,013.00 $107,233.00 $143,901.00 $130,269.00 $158,400.00 $173,013.00 $126,485.00 $131,421.00 $160,650.00 $104,311.00 $332,644.00 $248,350.00 $239,820.00 $94,701.00 $97,811.00 $113,945.00 $117,145.00 MEDIAN $171,122.00 $136,976.00 $105,814.00 $134,499.00 $140,798.00 $135,740.00 $93,735.00 $98,209.00 $93,535.00 $98,293.00 $57,420.00 $130,000.00 $166,834.00 $57,000.00 $232,830.00 $177,291.00 $105,977.00 $144,670.00 $136,400.00 $161,122.00 $173,252.00 $127,246.00 $135,400.00 $161,068.00 $101,034.00 $280,517.00 $243,210.00 $219,094.00 $94,666.00 $98,873.00 $111,670.00 $117,628.00 DATE: 02/14/00 NEIGHBORHOOD LITCHFIELD MANOR MAGIC HOLLOW MAGIC HOLLOW MALBON ACRES MIDDLE OAKES PLANT NEW CASTLE NEW CASTLE NEW CASTLE NEW CASTLE NEW CASTLE OCEAN LAKES OCEAN LAKES OCEAN LAKES OCEAN LAKES OCEAN LAKES EAST OCEAN LAKES NORTH OCEAN LAKES NORTH OCEAN LAKES WEST PINE HURST ESTATES PINE MEADOWS PINE RIDGE PRINCESS ANNE PRINCESS ANNE CROSSING PUNGO PUNGO PUNGO PUNGO RED MILL FARM RED MILL FARM RED MILL FARM RED MILL FARM RED MILL FARM SUB-NEIGHBORHOOD SEMI-D CHESAPEAKE HOMES CUSTOM GALLAGHER MCQ PRINCESS ANNE BERKSHIRE OLD DAM NECK WATERS EDGE MAGNOLIA ESTATES BLOSSOM HILL EST PUNGO RIDGE WILLIAMS RIDGE MEADOWS NIMMO COURT SAWYER ESTATES SOUTH SHORE EST WILLOW RIDGE PRINCESS ANNE SINGLE FAMILY TOTAL PARCEL COUNT 71 145 503 52 116 91 1 20 51 23 27 69 1446 135 9 222 30 35 583 266 1439 80 20 22 13 1938 32 22 111 228 152 PARCELS WITH IMPROVEMENTS 34 145 501 52 116 91 1 2O 51 23 64 27 69 1441 135 9 222 3O 34 583 266 839 80 20 10 11 1259 32 22 33 120 152 PERCENT OF CHANGE 0.71950 2.62931 2.10797 9.40056 2.52409 2.49759 2.93347 2.43662 0.72602 0. 1.44603 2.65912 3.28654 3.23044 1.97154 4.36729 4.76171 -0.1165 3.73090 2.53375 1.45051 10.961 2.84858 8.5391 24.908 10.904 6.3936 5.93815 2.22839 12.3838 3.92355 3.16136 MEAN $245,511.00 $68,293.00 $81,428.00 $124441.00 $124449.00 $157647.00 $185 201.00 $186827.00 $138 737.00 $157 008.00 $102 134.00 $105 219.00 $127 185.00 $102 602.00 $129548.00 $135876.00 $116891.00 $142,883.00 $129,235.00 $126,927.00 $162,453.00 $185,994.00 $176,223.00 $242,060.00 $285,765.00 $222,747.00 $168,745.00 $166,779.00 $229,379.00 $175,987.00 $212,291.00 $130,870.00 MEDIAN $57,000.00 $72,278.00 $81,836.00 $125,618.00 $123,288.00 $152,308.00 $185,201.00 $188,030.00 $139,600.00 $158,228.00 $102,108.00 $104,656.00 $129,338.00 $102,705.00 $131,504.00 $133,059.00 $119,220.00 $144,360.00 $125,952.00 $124,948.00 $162,664.00 $166,636.00 $176,734.00 $241,400.00 $271,840.00 $217,402.00 $175,438.00 $166,792.00 $232,001.00 $49,000.00 $78,200.00 $129,260.00 DATE: 02/14/00 NEIGHBORHOOD RED MILL FARM RED MILL FOREST RED MILL/FOX CHASE RED MILL/SOUTH WOODS RED MILL/SOUTH WOODS ROCK CREEK ROLLINGWOOD SALEM ACRE/MEADOWRIDGE SALEM LAKES SALEM VILLAGES SANDBRIDGE SANDBRIDGE SOUTHGATE SUNSTREAM PARK SUNSTREAM PARK TAPO MOBILE HOME THREE OAKS UPTON ESTATES WOODS OF PINEY GROVE SUB-NEIGHBORHOOD AFFORDABLE CUSTOM HOMES OCEAN FRONT SEMI DET SF PRINCESS ANNE SINGLE FAMILY TOTAL PARCEL COUNT 506 15 523 119 78 810 90 10 888 316 237 1169 369 211 102 67 225 302 105 PARCELS WITH IMPROVEMENTS 504 14 521 119 78 810 67 8 888 316 205 1010 367 211 102 37 224 302 101 PERCENT OF CHANGE 4.58107 3.07216 4.84949 4.26644 2.87118 1.96800 5.15845 0.40950 2.88039 2.69429 9.68375 6.35558 2.80008 2.99295 2.21078 5.14104 0.76600 4.96353 4.31900 MEAN $124,173.00 $177729.00 $126027.00 $162009.00 $178 999.00 $106 029.00 $221 487.00 $238 089.00 $101 887.00 $88,482.00 $223,063.00 $175,558.00 $144,888.00 $76,691.00 $87,933.00 $22,597.00 $201,415.00 $110,506.00 $121,033.00 MEDIAN $122,052.00 $175,420.00 $124,608.00 $160,626.00 $181,708.00 $107,142.00 $217,006.00 $253,724.00 $101,070.00 $88,572.00 $216,276.00 $154,724.00 $145,292.00 $76,810.00 $88,132.00 $17,740.00 $200,597.00 $106,800.00 $121,235.00 DATE: 02/14/00 NEIGHBORHOOD ATLANTIC SHORES COURTHOUSE WOODS CONDO GREEN RUN GREEN PUN GREEN RUN GREEN RUN LOTUS CREEK ONE CONDO OCEAN LAKES CONDO SALEM CT CONDOS WELLINGTON AT DAM NECK SUB-NEIGHBORHOOD MID-RISE APT BUCKNER WOODS CAMBRIDGE COURTS CAMERON CROSSING MANCHESTER CONDO PRINCESS ANNE CONDOMINIUMS TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 100 100 -5.0313 151 142 2.56992 110 100 7.53574 132 132 2.45563 77 77 -4.6421 68 68 0. 45 6 2.59103 168 168 0. 28 28 0. 124 124 1.15159 MEAN $141,924.00 $124,803.00 $82,863.00 $45,982.00 $47,051.00 $40,902.00 $294,555.00 $60,639.00 $57,785.00 $87,836.00 MEDIAN $141,800.00 $122,361.00 $82,686.00 $45,592.00 $47,618.00 $40,146.00 $294,555.00 $62,410.00 $56,752.00 $88,636.00 DATE: 02/14/00 NBIGHBORHOOD FOXFIRE DOWNS GREEN RUN GREEN RUN GREEN RUN GREEN RUN GREEN RUN GREEN RUN LANDSTOWN LAKES TH MAGIC HOLLOW OCEAN LAKES TH PARKSIDE GREEN SALEM LAKES TH SALEM LAKES TH SALEM LAKES TH SCARBOROUGH SQUARE SCARBOROUGH SQUARE SCARBOROUGH SQUARE PRINCESS ANNE TOWNHOUSES TOTAL PARCEL PARCELS WITH PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OF CHANGE 243 190 3.16410 DUNHILL/CHADWICK 118 118 2.93318 LIFESTYLE 139 139 2.15154 NEWBERRY PARK 265 265 -0.8508 THE OAKS 147 147 4.37596 VILLAGE GREEN TH 100 100 0. VP/JG 129 129 - 1.6999 78 78 3.57369 TOWNHOUSES 148 148 2.37604 648 648 5.93447 249 249 -0.0272 BRIDLEWOOD 89 89 0.34329 CONCORDIA 88 88 2.14388 OMNI 68 67 -0.4058 ADMIRALS WATCH 71 71 0. AMBERWOOD 54 54 0. 497 497 1.00242 MEAN $113,560.00 $56 404.00 $49 131.00 $64 891.00 $57 607.00 $46 854.00 $56 954.00 $72 323.00 $51 734.00 $75 542.00 $97 231.00 $62 215.00 $63 737.00 $61 140.00 $75 790.00 $80 697.00 $51 390.00 MEDIAN $112,382.00 $57,444.00 $48,010.00 $65,692.00 $56,124.00 $48,572.00 $57,748.00 $69,950.00 $51,200.00 $75,120.00 $100,012.00 $62,094.00 $65,320.00 $62,728.00 $75,294.00 $81,440.00 $51,124.00 AVERAGE P~,RCENT OF ASSESSMENT CIIANGE nY mS--T, Zm g.: . S.UB ZmunORU , i DATE: 02/15/00 NEIGHBORHOOD CHIMNEY HILL DOYLETOWN DOYLETOWN GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF GREEN RUN SF LAKES LYNNHAVEN FOREST LYNNHAVEN WOODS OAK SPRINGS PECAN GARDENS PECAN GARDENS PECAN GARDENS PINEWOOD GARDENS PRINCESS ANNE PLAZA THALIA VILLAGE THALIA VILLAGE THALIA VILLAGE TIMBERLAKE TIMBERLAKE TIMBERLAKE WINDSOR FOREST WINDSOR OAKS WEST WINDSOR WOODS ROSE HALL SINGLE FAMILY TOTAL PARCEL PARCELS WITH PERCENT SUB-NEIGHBORHOOD COUNT IMPROVEMENTS OF CHANGE 826 826 1.85970 DUPLEX 35 35 2.13832 138 118 2.32906 BARKLEY MEADOWS 188 188 4.12326 CEDAR RIDGE 119 119 4.37303 CEDARWOOD/STARVW 150 150 ! .32987 COUNTRY PLACE 70 70 5.93066 HUNTERS RUN 229 229 2.57444 LEXINGTON COMMONS 72 72 6.12814 LEXINGTON GREENS 87 87 3.60741 TANGLEWOOD 184 184 3.58648 THE CIRCLE (B) 206 206 3.42653 WATERS EDGE 69 69 1.33918 601 596 2.28422 46 46 6.75624 271 270 1.32771 270 266 2.44476 DUPLEX 23 19 0.17395 SEMI-DET 96 96 1.87009 343 328 0.92910 169 167 2.37272 3239 3235 0.47447 CONDOS 35 34 0.51576 DUPLEX 59 59 0. 234 184 0.55016 ASPEN 199 198 0. SEC 1-12 403 403 2.59664 SEC 8-9 56 56 5.40688 32 I 5.15986 1033 1032 0.49310 1546 1524 1.77145 MEAN $91,539.00 $131,014.00 $72,740.00 $97,862.00 $85,572.00 $89,752.00 $105,297.00 $88,922.00 $91,938.00 $74,968.00 $83,423.00 $88,800.00 $85,460.00 $79,139.00 $100,611.00 $145,948.00 $107,849.00 $87,129.00 $72,722.00 $83,392.00 $83,149.00 $85 384.00 $75 192.00 $92 497.00 $91 628.00 $66192.00 $95OO8.00 $89.967.00 $151,636.00 $102,957.00 $101,314.00 MEDIAN $91,752.00 $89,320.00 $76,430.00 $96,932.00 $87,054.00 $90,159.00 $103,760.00 $88,896.00 $93,875.00 $72,310.00 $84,348.00 $88,816.00 $84,636.00 $77,975.00 $103,252.00 $147,281.00 $108,206.00 $82,508.00 $73,024.00 $82,616.00 $80,512.00 $84,656.00 $70,480.00 $89,358.00 $88,350.00 $66,148.00 $93,624.00 $95,148.00 $37,000.00 $102,608.00 $99,360.00 DATE: 02/14/00 NEIGHBORHOOD ARBOR BROOK CONDO CHIMNEY HILL CONDO COLUMBUS STATION CONDO LYME REGIS CONDO PEMBROKE STATION CONDO PRINCESS ANNE GARDENS ST ALBANS GLENN CONDO THALIA STATION CONDO TIMBERLAKE SUB-NEIGHBORHOOD HOLLAND MEWS ROSE HALL CONI)OMINIUMS TOTAL PARCEL PARCELS WITH PERCENT COUNT IMPROVEMENTS OF CHANGE 56 56 -5.6601 137 137 -0.7346 384 384 0. 136 136 -5.5186 90 90 2.68786 178 178 1.72427 136 136 2.65635 196 196 0. 32 32 0. MEAN $51,463.00 $62,772.00 $66,580.00 $49,769.00 $50,477.00 $54,552.00 $50,881.00 $48,369.00 $46,859.00 MEDIAN $50,989.00 $60,002.00 $66,580.00 $49,844.00 $51,968.00 $55,758.00 $50,796.00 $48,536.00 $46,947.00 DATE: 02/15/00 NEIGHBORHOOD CHIMNEY HILL TH GREEN RUN GREEN RUN GREEN RUN GREEN RUN GREEN RUN GREEN RUN HOLLAND MEADOWS LAKES TH OAK SPRINGS PECAN GARDENS PECAN GARDENS PECAN GARDENS PRINCESS ANNE PLAZA PRINCESS ANNE PLAZA PR1NCESS ANNE PLAZA ROSEGATE THALIA VILLAGE TH TIMBERLAKE WINDSOR OAKS WEST WINDSOR OAKS WEST SUB-NEIGHBORHOOD CEDARTOW2q DRAKES RUN KEEGANS LANDING QUAIL WAY THE POINTE WINDMILL POINT TOWNHOUSES HEJDO TERRACE TH TH-FLAT KINGS ARMS TOWNHOUSE/SEC 1 TOWNHOUSE/SEC 4 WATERS HALIFAX TOWNHOUSES ROSE HALL TOWNHOUSES TOTAL PARCEL COUNT 380 165 140 74 41 84 151 140 198 278 80 50 132 102 94 94 51 387 214 320 PARCELS WITH PERCENT IMPROVEMENTS OF CHANGE MEAN 380 0.47043 $65,403.00 165 -1.9245 $52,069.00 140 0.26748 $54,091.00 74 0. $56,208.00 41 2.14489 $57,479.00 84 0.34595 $56,464.00 151 -1.5785 $48,593.00 140 1.74479 $77,410.00 198 1.10184 $58,286.00 278 0.03759 $64,673.00 80 0.05009 $50,926.00 50 -0.1038 $50,273.00 132 1.17845 $45,496.00 102 0.23257 $45,361.00 94 0. $30,026.00 94 3.85457 $54,620.00 51 2.67081 $70,474.00 387 -0.0757 $57,808.00 44 2.79691 $65,483.00 212 0. $79,579.00 320 0. $58,697.00 MEDIAN $63,828.00 $51,130.00 $53,280.00 $57,210.00 $57,4O0.0O $56,544.00 $48,684.00 $79,377.00 $58,800.00 $64,096.00 $50,188.00 $49,455.00 $47,356.00 $45,000.00 $29,760.00 $55,190.00 $70,260.00 $55,816.00 $67,112.00 $78,900.00 $57,012.00 DATE: 02/15/00 NEIGHBORHOOD BEACONS REACH BIRDNECK ACRES BIRDNECK LAKE BROCKS BRIDGE BROOKGREENE COMMONS CHELTENHAM SQUARE CHESOPEIAN COLONY COLONY ACRES CROATAN BEACH DAM NECK ESTATES EUREKA PARK GATEWOOD PARK GATEWOOD PARK HARBOUR POINT HILLTOP MANOR KENSTOCK KINGSWOOD SQUARE LAKE PLACID LONDON BRIDGE LONDON BRIDGE LONDON BRIDGE MANOR LYNNHAVEN HEIGHTS NOTTINGHAM ESTATES NOTTINGHAM SOUTH OCEANA OCEANA OCEANA OCEANA OCEANA PARK PLACE POINT O WOODS REAGAN WOODS SUB-NEIGHBORHOOD DUPLEX DUPLEX BARTOW DUPLEX EAST VILLAGE WEST VIRGINIA BEACH SINGLE FAMILY TOTAL PARCEL COUNT 52 37 188 35 88 81 273 17 530 305 42 30 96 47 219 116 25 580 6 78 23 50 58 31 29 239 236 2O0 265 122 279 26 PARCELS WITH PERCENT IMPROVEMENTS OF CHANGE MEAN 52 5.07363 $91,656.00 35 6.16826 $176,213.00 184 3.80221 $159,913.00 24 0.23819 $76,999.00 87 2.62637 $108,920.00 81 -0.0423 $123,878.00 260 6.23795 $223,533.00 13 0.29722 $122,075.00 447 3.41885 $343,490.00 305 6.02900 $89,839.00 42 0. $85,012.00 30 5.60415 $87,855.00 91 0.05320 $76,387.00 44 0.00405 $303,031.00 211 0.57580 $84,491.00 115 3.51834 $157,327.00 25 0. $87,763.00 578 1.91178 $104,046.00 6 0. $100,218.00 56 1.64084 $87,011.00 23 3.76200 $68,354.00 45 5.19744 $86,339.00 56 4.62746 $122,999.00 31 5.83177 $142,090.00 29 0. $68,815.00 238 0. $72,881.00 153 -0.0142 $59,461.00 197 0. $70,782.00 231 0.00000 $69,726.00 122 2.58470 $165,670.00 277 1.17065 $114,807.00 26 0. $79,984.00 MEDIAN $89,764.00 $156,590.00 $156,640.00 $59,072.00 $109,912.00 $123,790.00 $206,878.00 $115,128.00 $294,208.00 $89,746.00 $83,014.00 $86,328.00 $76,914.00 $249,642.00 $79,215.00 $155,687.00 $67,636.00 $103,742.00 $106,296.00 $68,600.00 $70,592.00 $80,070.00 $120,266.00 $143,882.00 $66,081.00 $67,760.00 $42,868.00 $70,012.00 $64,491.00 $168,614.00 $116,524.00 $80,178.00 SOUTH VIRGINIA BEACH SOUTH VIRGINIA BEACH SOUTH VIRGINIA BEACH BREEZEWOOD VILLAs CAPTAINS WALK HOLLY BEND 22 54 48 22 1.68414 $60,377.00 $60,320.00 54 0.40336 $71,642.00 $71,854.00 48 1.83375 $97,555.00 $91,912.00 2 BRIEFING FY 2001 REAL ESTATE ASSESSMENTS 3:00 P.M. ITEM # 46249 derald D. Banagan, Real Estate Assessor, with the utilization of overheads presented the ANNUAL REPORT for the Office of the Real Estate Assessor. Mr. Banagan advised on Tuesday, February 29, 2000, the Assessor's Office will mail Notices of Assessment for the Fiscal Year 2001. Only those property owners whose assessment changed will receive an assessment notice. Approximately 3% of all properties will receive a decrease in assessment and approximately 64% will receive an increase. The projected FY 2001 assessment of $21,841,749,508 represents a 4.6% increase over the current assessment. Each penny of the tax rate will generate $2,193,000 in revenue for a total of $267,567,000 at the current rate of SL22. The average assessment change for individual properties is approximately +3.44%; however, this figure varies citywide depending on the age, type, quality, classification, and location of the property. The average assessment change for residential property is +3.09% and for commercial/industrial property the average change is 4.39 %. The appreciation rate is slightly less than last year's: 3.4 % as opposed to 3. 66%. There are 125,910 residences in the City with the average of assessment approaching $130,000. The percentage of the tax base for commercial property decreased 0.1% from the current year. Mr. Banagan cited New Construction: COMMERCIAL 42 General Commercial 2 Hotel 16 Industrial NEW CONSTRUCTION (January 1999 thrt December 1999) $ 29,678,251 $ 8,815, 700 $ 7,412,337 7 Office $ 5, 709, 510 108 Commercial/Industrial New Additions $ 13, 749,061 TOTAZ COMMERCIAL NEW $ 65,364,859 (20.2%) CONSTRUCTION RESIDENTIAL 1,109 Single Family $165,932, 790 10 Duplexes $ 1,974,952 70 Townhouses $ 5,886,016 384 Condominium Units $ 45,041,899 516Apartments $ 18,080,928 2,250 Residential Additions $ 21,155, 614 TOTAL RESIDENTIAL NEW $ 258,0 72,199 (79.8%) CONSTRUCTION The average assessed value of new homes has increased from $194,400 to $200,400. Approximately 1/3 of the homes built this year were over $200,000, with 2/3 being below $200,000. With regular subdivision neighborhoods, the land value would be approximately 25% of the assessment; however, in the waterfront neighborhoods, this portion could comprise approximately 50% of the assessment. February 22, 2000 -3- BRIEFING FY 2001 REAL ESTATE ASSESSMENTS ITEM # 46249 (Continued) GROWTH AND APPRECIA TION/DEPRECIA TION (JuJ ~ 1 Land Book to July 1 Land Book) Fiscal Year 2000 to 2001 (PROJECTED) Growth Appreciation Assessment Increase $ 355,485,636 1.7% $ 604,189,524 2.9% $ 959,675,160 4.6% Fiscal Year 1999 to 2000 Growth $ 469,939,209 2.4% Appreciation $ 601,939,584 3.0% Assessment Increase $1,071,878, 793 5.4% There are 44,107 acres under the Land Use Taxation Program. Last year there was $1,058,436 in Roll Back Taxes. This varies considerably from year to year, so is not noted in the budget projections. The Land Use Values, as proposed by the State, would result in an increase from $640 to $710 an acre. The $640 was a major decrease from the previous year. The State has altered their format and hopefully the swings in value from year-to-year will cease and this will be more consistent. The State formerly utilized a 5-year rolling average with just dropping the oldest year off and adding the new. This year, the State has switched to a 7-year average, dropping the highs and lows. Forestry has increased from $395 to $465 an acre. The State has reduced the risk factor to .4. Mr. Banagan advised, relative the Senior Citizen and Disabled Persons Exemption/~eferral/Freeze, the number of recipients has increased from 2,113 to 2,351. The average exemption was $932.00 with the average freeze being $67.00. 55% of the program recipients receive a 100% exemption. To qualify for exemption, the applicant must have under $25,000 in income and $100,000 in net worth. Recipients of the freeze must have an income of $30,000 and $100,000 in net worth. The amount of total exemption was $2,020,S98. Council Lady Parker referenced the statement the average appreciation of a single family home in Virginia Beach has lagged the appreciation of the average single family home in the United States for over 10 years. Mr. Banagan shall respond to this issue. Mr. Banagan advised the City's increases are relatively constant with the rest of Hampton Roads and vary ever so slightly from year to year. RESIDENCES BY YEAR BUILT Year Built Number Mean Assessment Prior to 1950 3,049 $171, 000 1950 to 1959 10,470 $122,900 1960 to 1969 20, 038 $130,000 1970 to 1979 28,166 $125,400 1980 to 1989 47,034 $114,800 1990 to 1999 17,153 $174,500 Council Lady Henley referenced the listing of average neighborhood assessment changes. Mr. Banagan advised Council Lady Henley a substantial increase of lO% or 15% is the average for assessments. The majority of the assessments are based on sales within that particular neighborhood. February 22, 2000 BRIEFING FY 2001 REAL ESTATE ASSESSMENTS ITEM # 46249 (Continued) Council Lady Parker referenced an error in Middle Plantation (Lynnhaven - Single Family), which depicts a decrease of 33.865%. Mr. Banagan will rectify the error. Relative townhouses/condominiums, there have been slight increases since 1996. Mayor Oberndorf inquired whether there has been a loss in value or negative impact concerning homes affected by the flight noise. Mr. Banagan advised the staff lets the marketplace establish the assessment. In general, he is not aware of any impact. Pamphlets relative the Senior Citizen and Disabled Persons Exemption/Deferral/Freeze qualifications will be distributed to City Council. February 22, 2000 -5- CITY MANAGER'S BRIEFING COMPREHENSIVE SERVICES ACT PROGRAM FUNDING 3:43 P.M. ITEM # 46250 Daniel M. Stone, Director - Department of Social Services, referenced the current crises in the Comprehensive Services Act budget. Current projects indicate a $1.6-MILLION deficit by the end of the fiscal year. Last year, the Community Policy and Management Team submitted a Policy Report outlining a $464,223 deficit. After a Briefing to City CounciIdune 22, 1999, the CSA received a $464,000 transfer from the CSA Fund Balance. In 1993, the General Assembly created the Comprehensive Services Act, which consolidated several funding streams within the Department of duvenile Probation, the Department of Social Services, Department of Education, Public Health and the Community Services Board, to better provide services to emotionally troubled youth. CSA pool funds are used to provide: (1) mandated services for foster care (residential care, foster care prevention, and foster education); and (2) non-mandated services to Court Services and Mental Health (residential and non-residential services for pre/post dispositional cases, residential group homes services and intensive in-home counseling services). One goal of establishing the CSA was to cap/reduce state costs. For the non-mandated services, there is only a set amount of money allocated for this group, which is referred to as a "protected level of funding". Mandated cases carry a local match of 35.69% and any funds expended over and above the protected levels for non-mandated services requires a 100% local expenditure. After the creation of the CSA, funding for mandated services changed from fully sum sufficient to a reduced form in which the City has a shared responsibility for cost overages. The substantive portion of this $1.6-MILLION deficit is in the Court Services Unit of the Juvenile and Domestic Relations Court. Bruce Bright, Director - Court Services Unit, distributed information relative CSA Cases - Juvenile Probation (Court Services UniO. CSA CASES JUVENILE PROBATION (COURT SER VICE UNIT) Cases Carried Forward July 1999 Residential 15 Non-residential 18 New Cases Added Since July 1999 Residential 6 Non-residential 5 Cases Released from Placement since July 1999 Residential 10 Non-residential 13 Cases Currently Open (As of February 22, 2000) Residential 11 Non-residential 10 Mr. Bright referenced the synopsis of three typical cases. The cost for each service is noted on the third sheet. CSA Children undergo a lengthy process within the Court Services Unit to detertnine the local services available. Usually all the insurance money and community resources have been exhausted before the process of CSA. A staffing survey is conducted to determine the least restrictive and most cost effective type of placement for the child. The staff forwards the case, for review, to the Family Assessment and Planning (FAP) Team, which is comprised of middle managers from the representative agencies of the CSA, which screens the case and makes a recommendation to the Judge. If the Judge concurs, or does not concur, with the recommendation, he many enter an order for the placement to occur even if the funds are not available. February 22, 2000 -6- CITY MANAGER'S BRIEFING COMPREHENSIVE SERVICES ACT PROGRAM FUNDING ITEM # 46250 (Continued) Over the last three years, there has been a steady rise in Court Services (Juvenile Probation) caseloads. These Court Services' cases often involve the triad of criminal, sexual and family behavioral problems; the typical prescription for these types of cases is therapeutic residential care which is quite expensive (typical annualized cost of $104,000). Susan Dye, CSA Co-Ordinator, advised when the individuals turn 18, if they comprise the non-mandated cases and are still in school attending on a regular basis, CSA can cover the child until the age of 21. Typically it depends upon the active involvement with the referring agency. Often when a child who is affiliated with the Court Service Unit, upon turning 18, becomes part of the adult system and that makes them ineligible for services with CSA. Therefore, it depends upon what their adjudication has been. Some circumstances do allow their continuing with services. There are not as many options for adult treatment as there are for the children and, of course, there are not any funding sources. Paul Harris, Resource Management, advised Robert Matthias provided information which indicated there may be additional funding for mandated funds; however, conferring with the State Budget Analyst of the Comprehensive Services Act, it does not seem as optimistic as hoped. The bulk of the deficit is in the non- mandated. Mayor Oberndorf referenced as this huge shortfall has occurred for two years, she would think that somehow in the budget process some increase would be expected. Mr. Bright advised the number of children with serious significant problems has increased. For non-mandated cases, the funds have not increased since 1994. The City Manager referenced the graph on Page 6 of the Policy Report re CSA Fund Appropriations and Expenditures. Thd recommendation is: (1) Continue service delivery and transfer appropriations from other City programs. (2) Increase the reserve established in the FY 2000-01 budget to address juvenile probation and CSA overages. Accelerate efforts to encourage the state to adequately fund CSA and to discontinue the practice of transferring costs to the localities. The City Manager referenced the Chart on Page 9, which illustrates a survey of select localities' experience with regard to non-mandated services. Last year, approximately three-fourths of the localities in Virginia sought a supplemental appropriation for mandated services. There have been notable examples of large deficits. Several years ago, Newport News experienced a $5-MILLION deficit. The Virginia Municipal League has attempted, in the last two years, to obtain an increase in the funding. Virginia Beach is not alone in this issue. Council Lady Eure inquired whether the City Council had gone on record with their State Legislatures. The City Manager advised this item is in the Legislative Package this year as well as last year. Council Lady McClanan requested prior or during the Resource Management review, she wished to be advised of the other appropriations which are necessary. If these funds are appropriated, other projects in the Resource Management Plan might not be accomplished. February 22, 2000 -7- AGENDA RE VIE IV SESSION 4:12 P.M. ITEM ii 46251 Ordinance to designate ALL SAINTS EPISCOPAL CHURCH as an Emergency Polling Place for the Great Neck Precinct. Vice Mayor Sessoms requested this item be ADDED to the Agenda. Francis Asbury United Methodist Church, located at 1871 North Great Neck Road, is the polling location for the Great Neck precinct. The church facility where polling occurs will be demolished (to be rebuilt) and is thus unavailable as a polling location for the May 2, 2000 Election. Therefore, a new site has been approved by the Virginia Beach Electoral Board at All Saints' Episcopal Church located at 1969 Woodside Lane. This location meets the requirements of the Americans with Disabilities Act. ITEM ii 46252 Resolution to support the retention of the Phase II/"Gateway"portion of Laskin Road as a 2-way street. Vice Mayor Sessoms and Councilman Branch wish this Resolution be ADDED to the Agenda. This has been previously discussed during the City Council Session. The City is in the process offormulating the Laskin Road Corridor Plan ("Corridor Plan '9 as an addition to the Comprehensive Plan. ITEM ii 46253 1.1. Ordinances to authorize the acquisition of Agricultural Land Preservation (ARP) easements and the issuance of contract obligations: (PRINCESS ANNE- DISTRICT 7) a. DOK West, L.C. 332.51 Acres Installment Purchase Agreement No. 2000-25 $ 1,332,697.33 CLK Company Installment Purchase Agreement No. 2000-26 $ 666,348.67 b. Kenneth Jensen, Jr./James W. Buffington, III Caroline Buffington 87.50 Acres Installment Purchase Agreement No. 2000-27 $ 213,909.00 Council Lady McClanan will vote a VERBAL NAY on these items (a and b). Councilman Harrison will ABSTAIN on Item 1.1.a, as his law firm represents the applicant. ITEM # 46254 Ordinance to AMEND Section 23-43 of the City Code, ADDING a new subsection re designation of the Police Department to enforce trespassing violations on private property. Council Lady McClanan will vote a VERBAL NA Yon this item. She was not in favor of placing more power under the Police Department. February22,2000 -8- AGENDA RE VIEW SESSION ITEM # 46255 1.5. Ordinance to ACCEPT and APPROPRIATE $35,650 and $10,550 grants from the Bill and Melinda Gates Foundation to the FY 1999-2000 Operating Budget of the Department of Public Libraries re public computing opportunities at the Oceanfront Library and to expand existing capabilities at the Central Library; and, general fund revenue be increased accordingly. Council Members complimented the receipt of this grant from the Bill and Melinda Gates Foundation. The Bill and Melinda Gates Foundation is a highly visible public program. The Library of Virginia has taken great pride in qualifying public libraries throughout the Commonwealth to participate in this third round of Gates funding. It will be important for the City of Virginia Beach to be recognized as a place where new technology initiatives are important and where government takes advantage of leveraged investment to create new opportunities for its citizens. ITEM # 46256 L6. Ordinance to establish the Town Center lnfrastructure (CIP #9- 016) in the FY 1999-2000 Capital Budget; TRANSFER $1,357,829 to provide needed infrastructure; APPROVE the Development Authority's use of Economic Development Investment funds (EDIP); and, IDENTIFY the Support Agreement as a development project cost commitment. When City Council APPROVED (on February 8, 2000), the applications of ARMADA/HOFFLER HOLDING COMPANY: (ROSE HALL - DISTRICT3) and the Ordinance recommending the Virginia Beach Development Authority execute project documents; and, further authorizing the City Manager and City Attorney, on behalf of the Authority, to proceed with the development of any additional documents necessary to implement the project, known as: THE TOWN CENTER OF VIRGINIA BEACH, Council Lady Henley referenced a misunderstanding relative a Transportation Analysis available within the week. However, this is essentially a study of methods to improve the traffic within the area. Council Lady Henley requested progress reports be given to ensure that the City is providing traffic flow in that area. Will those improvements be included within these aforementioned appropriations ? The City Manager advised the City's majority responsibility is in the area in terms of turn lanes, additional signalization and the expanding of one of the existing streets to three lanes. Mayor Oberndorf advised there is a misunderstanding in the adjacent neighborhoods relative the impact of this project. During the original study of the Central Business District, the Presidents of each of the adjacent Civic Leagues participated and actually approved the concept. The veryfirst picture is very similar to the present proposed Town Center. ITEM # 46257 B Y CONSENSUS, the following items shall compose the CONSENTAGENDA: ORDINANCES 1.1. Ordinances to authorize the acquisition of Agricultural Land Preservation (ARP) easements and the issuance of contract obligations: (PRINCESS ANNE - DISTRICT 7) a. DOK West, L.C. 332.51 Acres Installment Purchase Agreement No. 2000-25 $1,332,697.33 CLK Company Installment Purchase Agreement No. 2000-26 $ 66~348.67 b. Kenneth Jensen, Jr./James W. Buffington, III Caroline Buffington 87. 50 Acres Installment Purchase Agreement No. 2000-27 $ 213,909.00 February 22, 2000 -9- AGENDA RE VIEW SESSION ITEM # 46257 (Continued) 1.2. 1.3. 1.4. 1.5. 1.6. Ordinance to AMEND Section 23-43 of the City Code, ADDING a new subsection re designation of the Police Department to enforce trespassing violations on private property. Ordinance to APPROPRIATE $353,352 from the Tourism Advertising Program fund to the FY 1999-2000 Operating Budget of the Department of Convention and Visitor Development re expanding the City's Tourism Advertising Program. Ordinance to APPROPRIATE $55, O00 from the General Fund to the Davis Corner Volunteer Rescue Squad re providing an interest-free loan to refurbish a chassis on one of its ambulances. Ordinance to ACCEPT and APPROPRIATE $35,650 and $10,550 grants from the Bill and Melinda Gates Foundation to the FY 1999-2000 Operating Budget of the Department of Public Libraries re public computing opportunities at the Oceanfront Library, expand existing capabilities at the Central Library; and, general fund revenue be increased accordingly. Ordinance to establish the Town Center Infrastructure (CIP #9- 016) in the FY 1999-2000 Capital Budget; TRANSFER $1,357,829 to provide needed infrastructure; APPROVE the Development Authority's use of Economic Development Investment funds (EDIP); and, IDENTIFY the Support Agreement as a development project cost commitment. L7. Ordinance to TRANSFER $70,000 from the GeneraI Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget for the Census 2000 budget unit re informing and educating Virginia Beach residents about the 2000 Census. 1.8. LICENSE REFUNDS: $ 52,603.18 RESOLUTION Resolution to authorize the issuance and sale of $76,100,000 General Obligation Public Improvement Bonds, Series of 2000, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof, for various City and School capital improvements. Council Lady McClanan will vote a VERBAL NAY on Item 1.1. afb. Councilman Weeks will vote a VERBAL NAY on Item 6. Councilman Harrison will ABSTAIN on Items 1.a. and 6. February 22, 2000 - 10- AGENDA RE VIEW SESSION ITEM # 46258 Application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit, for automobile service (fuel sales) in con/unction with a convenience store at the Southeast corner of Diamond Springs Road and Wesleyan Drive, containing 1.1 acres (BA YSIDE - DISTRICT 4) Council Lady Parker inquired if there would be internal access to the shopping center located behind the 7-Eleven. This information will be provided. ITEM # 46259 Application of L. B.A.S., INC., t/a London Bridge Auto Service for a Conditional Use Permit for an automobile repair garage on the North side of Virginia Beach Boulevard, East of Maxey Drive (1875 Virginia Beach Boulevard), containing 45, 000 square feet (BEA CH -DISTRICT 6) Council Lady Parker advised there is a new visual for this item. The City Council wants to be sure this is the one approved. ITEM # 46260 1.5. Application of TELBELE BROTHERS, L.L.C., .for a Conditional Use Permit. for a recreational facility of an outdoor nature (Putt-Putt Golf Course) at the Southeast corner of Atlantic Avenue and 18th Street, containing 5, 760 square feet (BEACH- DISTRICT 6). Councilman Branch advised this item will be discussed during the Formal Session. ITEM # 46261 K. 6. RECONSIDERATION AND MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R- 10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15-acre commercial site (CENTER VILLE - DISTRICT 1) This item will be DEFERRED INDEFINITELY. ITEM # 46262 K. 7. Applications re Change of Zoning District Classifications (BEA CH - DISTRICT 6): COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. This item will be discussed during the Formal Session. February 22, 2000 -11 - AGENDA RE VIEW SESSION ITEM # 46263 K. 8. Application of HALABI ONE LLC for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District at the Southeast intersection of North Witchduck Road and Admiral Wright Road (234 North Witchduck Road), containing 6,550 square feet (KEMPSVILLE - DISTRICT 2). Councilman Weeks concurred with this application subject to an agreement by the applicant to do additional landscaping. Karen Lasley, Planning Co-Ordinator, advised the applicant has voluntarily agreed to place additional landscaping in the right-of-way. This is a minor enhancement of the property. This item will be discussed during the Formal Session. The applicant will state his voluntary agreement during the Session. ITEM # 46264 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. K. 1 Application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit for automobile service (fuel sales) in con[unction with a convenience store at the Southeast corner of Diamond Springs Road and Wesleyan Drive, containing 1.1 acres (BAYSIDE- DISTRICT 4) Application of CHECKERED FLAG VOLKSWAGEN for a Conditional Use Permit for motor vehicle sales and repair (expansion) on the South side of Virginia Beach Boulevard, East of Kings Grant Road (3001 Virginia Beach Boulevard), containing 7.168 acres (ROSE HALL - DISTRICT 3) Application of HEBRON CORNERSTONE WORSHIP CENTER for a Conditional Use Permit for a church on the East side of Expressway Drive, South of South Boulevard (4444 Expressway Drive), containing 1.384 acres (ROSE HALL - DISTRICT 3) Application of L.B.A.S., INC., t/a London Bridge Auto Service for a Conditional Use Permit for an automobile repair garage on the North side of Virginia Beach Boulevard, East of Maxey Drive (1875 Virginia Beach Boulevard), containing 45, 000 square feet (BEACH-DISTRICT 6) RECONSIDERATION AND MODIFICATION OF PROFFERSplaced on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R-10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15-acre commercial site (CENTER VILLE - DISTRICT 1) Application of PEMBROKE CROSSING APARTMENTS L.L.C., for a Change qfZoning District Classification from B-2 Community Business District to Conditional A-18 Apartment District at the Northwest corner of Sullivan Boulevard and Pembroke Boulevard, containing 1.12 acres (BAYSIDE - DISTRICT 4). KIO Application of the CITY OF VIRGINIA BEACH to AMEND Section 6.3 of the Subdivision Ordinance by DELETING the requirement that final plats contain certain information concerning eligibility for connection to the public water supply system. Item K. 6. will be DEFERRED INDEFINITEL Y, B Y CONSENT. Councilman Harrison will ABSTAIN on Item K. 9. February 22, 2000 - 12- AGENDA RE VIEW SESSION ITEM # 46265 Vice Mayor Sessoms advised he and Mayor Oberndorf will sponsor Dr. Clarke Russ, a retired orthopaedic and trauma surgeon under UNFINISHED BUSINESS. Dr. Russ is a former Chairman of the Emergency Room Committee of Virginia Beach General Hospital, Chief of Staff and long time advisor to one of its volunteer rescue squads, wishes to speak in support of the Volunteer Rescue Squads and their admirable performance. The squad has been verbally attacked by the Virginia Beach Professional Firefighters Union. Fire department call responses cost the City over $1300 each. Volunteer rescue services cost nothing. February 22, 2000 - 13- CITY COUNCIL COMMENTS 4:2 7 P.M. ITEM # 46266 Councilman Baum expressed appreciation to the City Council for the flowers to his wife who was in the hospital recovering from surgery. ITEM # 46267 Council Lady Henley referenced legislation proposed in the Virginia Municipal League update. There is a House Bill, which requires subdivision and zoning ordinances to have provisions allowing clustering of single family detached houses by right, if the lot size is reduced no more than 20%. If those conditions are met, the locality will be unable to apply a special use or Conditional Use Permit regulations to the project. This Bill does not take into consideration the varying conditions of localities. If this is approved, does this mean the City will no longer have an Open Space Ordinance? Assistant City Attorney Macali advised the Open Space Ordinance requires the percentage to be greater than in the proposed ordinance. The reduction in the proposed ordinance is 20% less than the normal lot size. The open space promotion for the residential zoning lots would be alright; however, many problems would be caused. The City Attorney's office has spoken with Bob Matthias at length concerning these problems and the staff will attempt to "kill" the Bill. Without the Use Permit procedure, the Open Space would not be of high quality. Assistant City Attorney Macali referenced the proposed Bill which allows VDOT to place towers up to 199 feet high in the right-of-way, without requesting local government approval. This is the way the City believes the law applied until Fairfax County challenged and won the case. The City has made known their opposition. Council Lady Eure was in Richmond late last week and heard a portion of this Hearing. She spoke with Robert Matthias, who stated it would not really hurt the City, as we do not have enough Interstate. Council Lady McClanan believes it will affect the City and said it depends upon its interpretation. No law is complete until it is interpreted by the Court. Assistant City Attorney Macali said it will affect the City, but the City believed before the Fairfax County case, the State controlled its own property. The City was surprised they won. VML is lobbying hard against this item. Council Lady Parker inquired the number of these towers, the City could end up receiving. Assistant City Attorney Macali advised there is no way of knowing the number. The City Manager advised he will contact Mr. Matthias and advise the City Council wishes these two Bills OPPOSED. The City Attorney advised the real issue is the State could always place state facilities on their property and the City would not have any zoning control over same. However, the issue arose when they began leasing out State property for private/commercial purposes without submitting to the local zoning control Mayor Oberndorf had forwarded correspondence relative another legislative item, which would have a major impact on Virginia Beach. This Bill would entail the appointment of a Commission (Roanoke River Basin Intergovernmental Association) to oversee "damages done to the localities from whom water is being withdrawn ". Assistant City Attorney Macali advised Mr. Matthias has been notified, the City is OPPOSED to this Bill ITEM # 46268 Council Lady Eure referenced attending Legislative Day at the General Assembly on Monday, February 21, 2000. She spent the majority of the day with the Educational Group in Richmond. Delegate Wardrup was in attendance at the dinner and requested a letter from City Council relative lottery funds that they could support all lottery funds going to education, but are in opposition to 50percent of the lottery funds being utilized for construction. In 6 to 8 years, the school modernization program would be complete and this 50% designation would harm. Mayor Oberndorf did not believe this would harm the City, as she believes 50% of the lottery funds would be needed for refurbishing Middle and High Schools in eight years. Council Lady Eure advised the locality wouM still have the decision to designate any amount and it would not be arbitrary. Council Lady Henley wished the correspondence to make it plain that at this moment, the City has committed all of the lottery funding to construction. Councilman Jones referenced if the City agrees to release the 50%for construction and the State utilizes the funds for schools, but dictates where these funds will be allocated, where does the City stand on their school construction projects i.e. the State designates 70% allocated for teachers" salaries? The City Manager advised Delegate Wardrup wished this to be a local decision, not the General Assembly. Delegate Wardrup will be contacted for clarification. February 22, 2000 - 14- CITY COUNCIL COMMENTS ITEM # 46269 Council Lady Eure referenced the memorandum two weeks relative signage for ocean access. CounciI Lady Eure requested a report relative notification to the public of this ocean access. In some of these open space areas, which may be accessed by the public, will signage be installed notifying the public? If tax funds are to be expended to acquire open space then it needs to benefit the public. The City Manager will advise. ITEM # 46270 Council Lady McClanan referenced redistricting. She has been informed the utilization capacity of the newer schools has been reduced as a result of a study. When the School Superintendent Jenney was appointed, these capacities were all redrawn as apart of the redefinition of special education students i.e. one of the schools' capacity had been reduced by 200 students over when it was built 2 years ago. If the capacity designation is going to be redrawn ever so often, she would like to have a better clarification regarding the factors which comprise these capacity requirements. If this is a continuing process of redesignating the capacity, the City will never catch up. Council Lady Henley advised this may encompass the continuing utilization of portables. This Council has been adamant relative addressing the portable concerns; however, this seems to be a "moving target". Councilman Branch advised in conferring with Tony Arnold, he advised there were so many construction projects that the portables are needed for temporary use to house the children who are displaced because of the modernization. Council Lady Eure advised the Schools believe the redistricting might reduce the portables by two-thirds. Council Lady Parker reJkrenced funding in the early 1990s which City Council made available to remove the portables. ITEM # 462 71 Council Members Jones and Harrison requested the City Council SCHEDULE a Workshop for the Fifth Tuesday, February 29, 2000, for a Briefing by the Shore Drive Advisory Committee relative development and improvements to the Shore Drive Corridor. February 22, 2000 - 15- ITEM # 462 72 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 22, 2000, at 4:55 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William l~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None February 22, 2000 -16- ITEM # 46273 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion , consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Board of Building Code Appeals Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission The Planning Council Virginia Beach Crime Task Force Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real propertyfor public purpose, or of the disposition of publicly-held real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). Agricultural Reserve Program - Princess Anne District (2 properties) Bonney Road Property LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). To- Wit: Legal Issues - Billboard/Virginia Beach Boulevard Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: i 1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 2000 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 22, 2000 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 22, 2000, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None INVOCATION: Reverend T. E. Thieman Virginia Beach Chaplain PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of danuary 4, 2000, is hereby made a part of the record. February 22, 2000 Item VI-E. - 18- CERTIFICATION OF CLOSED SESSION ITEM # 46274 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 46273, Page 16, 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 Closed 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 Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. l(uth Hodges Smith, MMC City Clerk February 22, 2000 - 19- Item VI-F. MINUTES ITEM # 462 75 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 8, 2000. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorjS, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item VI-G. ADOPT AGENDA FOR FORMAL SESSION - 20- ITEM # 462 76 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Ordinance to designate ALL SAINTS EPISCOPAL CHURCH as an Emergency Polling Place for the Great Neck Precinct. AND, Resolution to support the retention of the Phase II/"Gateway" portion of Laskin Road as a 2-way street. were added to the Agenda. February 22, 2000 Item VI-G.I. - 21 - PRESENTATION ITEM # 462 77 Mayor Oberndorf recognized the following Scouts in attendance: CUB SCOUT TROOP 4 PACK 364 Sponsored by: Bayside Presbyterian Church Pat Baumann Jennifer Costello Leaders The Cub Scouts attended to earn their citizenship badges. LIFE BOY SCOUTS TROOP # 12 Sponsored by: Providence Presbyterian Church February 22, 2000 Item VI-H. 1. - 22 - PUBLIC HEARING ITEM # 462 78 Mayor Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURE RESERVE PROGRAM (ARP) (Princess Anne - District 7) DOK/CLK Jensen/Buffington There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 22, 2000 - 23 - Item VI-I ORDINANCES ITEM # 462 79 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION, ORDINANCES 1, 2, 3, 4, 5, 6, 7, 8 and RESOLUTION 1 of the CONSENTAGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NA Y on Item Ia~b, 2 and 7. Councilman Weeks voted a VERBAL NAY on Item 6. Councilman Harrison ABSTAINED on Items la. and 6 as his law firm represents the applicant. February 22, 2000 - 24 - Item VI-l.l.a. ORDINANCES ITEM # 46280 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the acquisition of Agricultural Land Preservation (ARP) easements and the issuance of contract obligations: (PRINCESS ANNE - DISTRICT 7) DOK West, L.C. 332.51 Acres Installment Purchase Agreement No. 2000-25 $1,332,697.33 CLK Company Installment Purchase Agreement No. 2000-26 $ 666348.67 Voting: 9-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represented the applicant. February 22, 2000 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AGRICULTURAL LAND PRESERVATION EASEMENTS AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $1,999,o46. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there have been presented to the City Council for approval Installment Purchase Agreements for the acquisition of the Development Rights (as defined in the Installment Purchase Agreements, true copies of which are hereto affixed) on certain property located in the City and more fully described in Exhibits B of the Installment Purchase Agreements for an aggregate purchase price of $1,999,046; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of perpetual agricultural land preservation easements, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreements, including the purchase prices and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreements, the rate of 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 47 48 49 5O 51 52 53 54 55 56 57 58 59 interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.50% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreements on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreements in the form and substance presented at this meeting and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager to execute and deliver the Installment Purchase Agreements in substantially the same form and substance as presented at this meeting with such minor modifications, insertions, completions or omissions which do not materially alter the purchase prices or manner of payment, as the City Manager shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreements. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreements. 6O 61 62 63 64 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness contractual obligations bearing the full faith and credit of the City. 65 66 67 68 69 70 71 72 73 74 75 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on this 22 day of February , 2000. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-99-7562 wmm~ordres~dok&clk.orn R-1 January 14, 2000 APPROVED AS TO CONTENT: ~'gricul ture Department APPROVED AS TO LEGAL SUFFICIENCY: ~~ Law Department 78 79 8O CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of DOU] N VIIRenHo& ARP AREA JENSEN/BUFF! 'k' ,. DOK WEST, L.C. the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 2000-25) (This Table of Contents is convenience of reference) TABLE OF CONTENTS not part of the Installment Purchase Agreement and is only for Section Page RECITALS ........................................................... 1 AGREEMENTS ........................................................ 1 ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions ............................................. 1 SECTION 1.2 Rules of Construction .................................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights ........... 4 SECTION 2.2 Delivery of Deed of Easement .............................. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price ................................. 5 SECTION 3.2 Registration and Transfer of this Agreement ................... 5 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ............... 7 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City .................... 7 SECTION 4.2 Representations and Warranties of the Seller .................. 8 ii Section Page ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 SECTION 5.2 Intent of City and Tax Covenant of City ...................... 9 Acknowledgment of Seller with Regard to Tax Consequences of Transaction .............................. 9 ARTICLE 6 THE REGISTRAR SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 SECTION 6.5 Appointment of Registrar ................................. 9 Ownership of Agreement .................................. 9 Removal of Registrar and Appointment of Successor Registrar .................................... 10 Qualifications of Successor Registrar ....................... 10 Successor by Merger or Consolidation ...................... 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 Successors of City ...................................... 10 Parties in Interest ....................................... 10 Binding Effect ......................................... 11 Severability ........................................... 11 Prior Agreements Cancelled; No Merger ..................... 11 Amendments, Changes and Modifications ................... 11 No Personal Liability of City Officials ...................... 11 Governing Law ........................................ 11 Notic~/s ............................................... 11 Holidays .............................................. 12 Signatures and Seals .................................................... 13 EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - Form of Deed of Easement Description of Land Permitted Encumbrances Form of Assignment Transfer of Agreement - Schedule of Transferees nl INSTALLMENT PURCHASE AGREEMENT (Agreement No. 2000-25) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the __ day of ,2000 between DOK West, L.C. (the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Common~vealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter t 7, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinaf[~r set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as pernfitted by Section 1!)-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. "Business Day" or "business day" means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or authorized by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but not be limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. 2 "Estate Settlement Transfer" means the transfer by the legal representative of the estate ora deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent Seller's estate. "Interest Payment Date" means June 1 and December 1 in each year, commencing ,2000. "Land" means the tract or tracts of land located in Virginia Beach, Virginia, containing approximately acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances" mean the encmnbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $1,330,650, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" meaffs~'First Union National Bank or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. "Seller" means DOK West, L.C. "State" means the Commonwealth of Virginia. 3 SECTION 1.2 Rules of Construction. (a) The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant" and "covenants." Agreement Agreement. (c) References to Articles, Sections, are to the designated Articles, Sections, and other subdivisions of this and other subdivisions of this (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery_ of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on , 202_ [25-year maturity date]. The Purchase Price is $1,330,650 (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date of recordation of the Deed of Easement and shall be payable to the Registered Owner on ., 2000, and semiannually thereafter on June 1 and December 1 in each year to and including ,202_, at the rate of % per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price shall be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation ofthi, s Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered 5 on such registration books, and permit to be transferred thereon, under such reasonable regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period fi'om the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer shall be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other ,purposes, and all such payments so made to any such Registered Owner or upon his order }hall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement. In the event that this Agreement is mutilated, lost, stolen or destroyed, the City and the Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolcn or destroyed Agreement there shall be first furnished to the City and the Registrar evidence o f such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City. following representations and warranties: the State. The City makes the (a) The City is a body politic and corporate and apolitical subdivision oF (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of' this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: (a) The Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability oftlfis Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, threatened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number(s) of the Seller [is] [are] The representations in subsections (f) and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. 8 ' (h) To the best of the knowledge, information and belief of the Seller, the !. Land has not been used for the manufacture, storage, treatment, disposal or release of any hazardous waste or substance. ARTICLE 5 PROVISIONS RELAT1NG TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the interest payable under this Agreement shall not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of Agreement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, 9 own and hold this Agreement, and may join in any action xvhich any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The City shall have the right, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly orgmfized under the laws of the United States or any state or territory thereof which is attthorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Su'ccessors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City fi'om time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City, the Seller, any other Registered 10 Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners from time to time of this Agreement. SECTION 7.4 Severability. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior Agreements Cancelled; No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments, Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 7.8 Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and shall be deemed to have been 11 properly given three Business Days after the same is mailed by certified mail, postage prepaid, return receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Registrar: First Union National Bank Corporate Trust/Bond Administration 7 North 8th Street Richmond, Virginia 23219 Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest sh~ll accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. 12 [CITY'S SEAL] CITY: CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: By: James K. Spore, City Manager City Clerk SELLER: (SEAL) (SEAL) Approved as to Legal Sufficiency: Approved as to Sufficiency of Funds: Deputy City Attorney Director, Department of Finance 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,2000, by James K. Spore, City . Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of ., 2000, by (SEAL) My Colnmission Expires: Notary Public 14 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 2000, by (SEAL) My Commission Expires: Notary Public 15 FORM OF DEED OF EASEMENT EXHIBIT A [SEE ATTACHED] 16 This instrument was prepared by EXHIBIT A Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this # day of# ., 20#__, by and between # and # (collectively, the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southern >ortion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has .'stablished the Agricultural Reserve Program of the City which provides for the acquisition of development fights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land"); and WHEREAS, the'E~and is located in that portion of the City subject to the Ordinance lnd meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development .~ights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN # WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and ~VHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement"); G~&NT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby ~ant and convey, with general ~varranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS, COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, title or interest therein and upo,n.,their respective heirs, !personal representatives, devisees, successors and assigns; and (.2) that the covenants, Icond~t~ons, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, !successors and assigns, further covenant and agree as follows: (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising ,of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application if or entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to a~icultural activities conducted on the sane property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term Idoes not include the processing of agricultural, silvicultural, horticultural or aquacultural Iproducts, except as an accessory use. (3) This Deed of Easement does not grant the public any right of entry or .access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST 1N PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance a=m-iculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. ! (6) In the event of a violation or attempted violation of any of the tprovisions hereof, the City and its successors and assigns, may institute and prosecute any iproceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin ,any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. #{NOTE-USE IF GRANTOR IS MARRIED BUT SPOUSE IS NOT ON DEED--Anything herein to the contrary notwithstanding, AND , execute(s) this Deed of Easement for th~ ~ purpose of consenting to the conveyance of anal releasing any marital or attgmented estate interest in the easement and rights set forth herein. GRANTOR: ,(SEAL) .(SEAL) APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing 20#~,by # instrument was acknowledged , Virginia, this before me in the City of day of , , Grantor. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing 20#__,by # instrument was acknowledged ., Virginia, this before day of me in the City of , Grantor. (SEAL) My Commission Expires: Notary Public EXHIBIT A #[Insert Legal Description] LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] IT BEING a portion of the same property conveyed to from , by deed (#of gift), dated recorded in the aforesaid Clerk's Office in Deed Book , duly ., at page DESCRIPTION OF LAND EXHIBIT B [SEE ATTACHED] 17 EXHIBIT B ~ An undivided one-half (h) interest in "Ail that dertain tract, piece or parcel of land containing 25.12'48 acres, more or less, situate in the City of Virginia Beach, Virginia, known, numb. ered and designated as "Parcel B" on that certain plat entitled: 'Subdivision of Property of Josie Britt, Estate ' Princess Anne Borough, Virginia Beach, Virginia D.B. 184, P. 359', dated April 18, 1985, made by Stephen I. Boone & Associates, P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2429, page 851. It being a part of the property which was conveyed to Josie Britt by the deed of F. E. Kellum, Trustee, dated March 7, 1936, and recorded in the Cl~rk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 184, page 359, and which upon the death of the said Josie Britt intestate and a widow on November 24, 1972, descended to her three (3) children and only heirs at law, Velwood V. Britt, Alice M. Britt, who is sometimes known as Rita A. Britt, and Thelma Britt Harris." It being the same property conveyed to Robert G. Doumar and Montgomery Knight, Trustees under a certain agreement dated July 29, 1985, and known as the "Britt Trust", and Charles L. Kaufman, Jr., by deed dated July 29, 1985, and recorded in the Clerk's Office of the Circuit Court of Virginia Bea~, Virginia, in Deed Book 2432, page 838, with the Trustees and Charles L. Kaufman, Jr. each having been conveyed an undivided one-half interest in said property. See deeds of correction in Deed Book 2693, page 611, and Deed Book 2733 page 1787. ~ "ALL THAT certain parcel of land, situated in the Princess Anne Borough of Virginia Beach, Virginia, known, numbered and designated as Parcel 'B' as shown on a certain plat entitled, 'DIVISION OF WALTER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' on April 18, 1977, which plat is filed with the Court papers in a certain Chancery suit filed in the Circuit Court of Virginia Beach, the style of which suit is: Robert G:~-Doumar and Dorothy M Doumar vs M Bonney ~ Flanagan, Jr , et ux, et als," which was chancery number C-77- 1043 and ended file number C-916-77. It being the same property conveyed by Robert G. Doumar and Dorothy M. Doumar, husband and wife, by deed of correction dated December 29, 1978, to Albert G. Doumar and Montgomery Knight, Jr., Trustees under a certain agreement dated July 14, 1977, and known as the West Trust 'B', with said deed being recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Deed Book 1863, page 36. As a matter of information, said deed corrects deed dated July 14, 1977, recorded in the aforesaid Clerk's Office in Deed Book 1724, page 787. TRACT 3: '~ALL THAT certain parcel of land, situated in the Princess Anne Borough of Virginia Beach, Virginia, known, numbered and designated as Parcel 'A' as shown on a certain plat entitled, .DIVISION OF WALTER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' on April 18, 1977, which plat is filed with the Court papers in a said Chancery suit filed in the Circuit ~ourt of Virginia Beach, the style of which suit is: Robert G. Doumar and Dorothy M. Doumar vs. M. Bonney Flanagan, Jr., et ux, et als." Less and except that portion of "Parcel A" shown on said plat filed with the court papers in a certai~ chancery suit filed in the Circuit Court of the City of Virginia Beach, Virginia, the style of which is Robert G. Doumar and Dorothy M. Doumar v.-M- Bonney Flanagan, Jr., et ux, et al, which was Chancery number C- 77-1043 and ended file number C-916-77, which said portion of "Parcel A", comprising 34.5078 acres, more or less, was conveyed to Charles L. Kaufman, Jr., by deed of Albert G. Dou~ar, et als, dated January 22, 1979, and duly recorded in the aforesaid Clerk's office in Deed Book 1865 at page 610, which said deed to Charles L. Kaufman, Jr., was a conveyance of a total of 105.478 acres, more or less, comprised of Parcels 7,8,9,10 and 11 as shown on said plat each of which, according to said plat, was a parcel of approximately 14 acres and which said five numbered. parcels together totaled 70 98 acres according to said plat, and with the 34.5078 acres, more or less, attrlbu~ed to said Parcel A" made. up the entire 105.478 acres, more or less, which was conveyed to said Kaufman by a metes and bounds description. It being part of the same property~conveyed by Robert G. Do,mar and Dorothy M. Dou3~ar, husband and wife, by deed of ' correction dated December 29, 1978, to Albert G. Doumar and Montgomery Knight, Jr., Trustees under a certain agreement dated Jul~ 14, 1977, and known as the West Trust 'A', with said deed being recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Deed Book 1863, page 39. As a matter of information, said deed corrects deed dated July 14 recorded in the aforesaid Clerk's Office in Deed Book 1724, page 785. TRACT 4' "ALL THAT certain parcel of land, situated in the Princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as Parcel '5', 13.80 ac. as shown on a certain plat entitled, 'DIVISION OF WALTER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' April 18, 1977, which plat is filed with the Court papers in said Chancery suit filed in the Circuit Court of Virginia Beach, the style of which suit is: Robert G. Doumar and Dorothy M. Doumar vs. M. Bonney Flanagan, Jr., et ux, et als." It being the sa~ne property conveyed by Verna B. Leonard, et als, dated July 14, 1977, to Robert G. Doumar and Harry Pincus, Jr.,~Trustees under a certain agreement dated July 14, 1977, and known as West Trust Number '5', with said deed being recorded in the ~lerk's Office of the Circuit Court of Virginia Beach, Virginia, in Deed Book 1708, page 183. ~ An undivided one-half (h) interest in "ALL THAT certain , parcel of land situated in Princess Anne Borough in the City of Virginia Beach, Virginia consistin~ of 3.388 acres as shown on that certain plat entitled 'Boundary Agreement with Rock Ministries, Inc.' dated September 11, 1987,.~ade by Stephen I. Boone & Associates, P.C. which is recorded as part of this transaction and is more particularly described as follows: _ Starting at a point where the northeast corner of Parcel 'A' as shown on said plat meets and intersects with Indian River Road and proceeding along the boundary line between Parcel 'A' and Parcel 'B' South 11 degrees 07 minutes 59 seconds West, 497.08 feet to a point; thence along said boundary line South 06 degrees 01 minute 42 seconds West, 300.00 feet to the point of beginning, and from'said point of beginning proceeding along the Western boundary line of. Parcel 'B', South 06 degrees 01 minute 42 seconds West, 267.60 feet to a point; thence continuing along. said boundary line South 03 degrees 13 minutes 18 seconds East, a distance of 622.38 feet to a point at a corner of the land now or formerly A. G. Doumar and M. Knight, and thenc~ turning and proceeding North 89 degrees 43 minutes 18 seconds West, a distance of 239.58 feet to a point; thence turning and proceeding North 07 degrees 31 minutes 42 seconds East, a distance of 953.85 feet to a point; thence turning and proceeding South 61 degrees 10 ~inutes 51 seconds East a distance of 122.96 feet to the point of beginning." ' It being the same property conveyed by Robert G. Doumar, i'; hot, ne sole, by deed of correction dated March 28, 1988, to Robert G. Doumar and~.Montgomery Knight, Jr., Trustees, and Charl.~_' L. Kaufman, Jr.'-'~nd Carol Kaufman, his wife, with said deed recorded in the aforesaid Clerk~ Office in Deed Book 2~33, page 1787. See deed recorded in Deed Book 2693, page 611. T~ "ALL THAT certain parcel of land, situated in the Princess Anne Boro6gh of the City of Virginia Beach, Virginia, known, numbered and designated as Parcel '1', 13.83 ac. as shown on a certain plat entitled, 'DIVISION OF WALTER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' April 18, 1977, which plat is filed with the Court papers in said Chancery suit filed in the Circuit Court of Virginia Beach, the style of which suit isA : : Robert G. Do%unar and D~rot~y M. Doumar vs. M. Bonney Flanagan, Jr., et ux, et als." It being the same property conveyed by M. Bonney Flanagan, Jr. ~and Marilyn D. Flanagan, his wife, by deed dated July 14, 197], to Montgomery Knight, Jr. and Robert G. Doumar, Trustees under a certain agreement dated July 14, 1977, and known as Wes~ Trust 'Number 1', with said deed recorded in the aforesaid Clerk's Office in Deed Book 1707, page 75. ~ "ALL THAT certain parcel of land, situated in the Princess Anne Borough of the City o~ Virginia Beach, Virginia, known, numbered and designated as Parcel '2' 14 01 ac as shown on a certain plat entitled, 'DIVISION OF WA~TER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' April 18, 1977, which plat is filed with the Court papers in said Chancery ~uit filed in the Circuit Court of Virginia Beach, the style of which suit is: Robert G. Doumar and Dorothy M. Doumar vs. M. Bonney Flanagan, Jr., et ux, et als." It being the same property conveyed by Lucille F. Dawley and W. Marvin Dawley by deed dated July 14, 1977, to Harry Pincus and Montgomery Knight, Jr., Trustees under a certain agreement dated July 14,-1977, and known as West Trust 'Number 2', with said deed recorded in the aforesaid Clerk's Office in Deed Book 1707, page 77. ~ ~ALL THAT certain parcel of land, situated in the Princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as Parcel '3', 13.99 ac. as shown on a certain plat entitled, 'DIVISION OF WALTER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' April 18, 197~, which plat is filed with the Court papers in said Chancery suit fil~ in the Circuit Court Of Virginia Beach, the style of whichi~ suit is: Robert G. Doumar and Dorothy M. Doumar vs. M. Bonney Fla~agan, Jr., et ux, et als." It being the same property conveyed by Millard C. Butt and Edith M. Butt~.~his wife, by deed dated July 14, 1977, to ~ert G. Doumar and Harry Pincus, Jr., Trustees unde% a certain agreement dated July 144 1977, and known as West Trust 'Number 3', with said deed recorded in the aforesaid Clerk's Office in Deed Book 1708, page 179. ~ "ALL that certain parcel of land, situated in the Princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as Parcel '4', 13.78 ac. as shown on a certain plat entitled, 'DIVISION OF WALTER WEST EST. et al, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA,' April 18, 1977, which plat is filed with the Court papers in said Chancery. suit PERMITTED ENCUMBRANCES EXHIBIT C [SEE ATTACHED] 18 EXHIBIT "C" PERMITTED ENCUMBRANCES Taxes for the fiscal year 1999/2000 and any/all stormwater fees, which are liens not yet due and payable, and taxes and stormwater fees for all subsequent billing periods. Roll Back Taxes. Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not adversely affect the interest of the City of Virginia Beach in and to the agricultural land preservation easement and the rights granted to the City in the Deed of Easement. ASSIGNMENT EXHIBIT D FOR VALUE RECEIVED, and ([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto , without recourse, all of the Registered Owner's right, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certities that there have been no amendments to such Agreement [except .]. Date: Signature guaranteed: NOTICE: Signature mu§~'be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Instalhnent Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 19 EXHIBIT E TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly authorized officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Registration of Transfer Name and Address of Transferee Registered Seller Tax I.D. No. of Transferee Signature of Registrar o 20 CLK COMPANY the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 2000-26) (This Table of Contents convenience of reference) Section TABLE OF CONTENTS is not part of the histallment Purchase Agreement and is only for Pa~e RECITALS ........................................................... 1 AGREEMENTS ........................................................ 1 ARTICLE 1 DEFINITIONS SECTION 1.1 Definitious ............................................. I SECTION 1.2 Rules of Construction .................................... 4 ARTICLE 2 SALE AND PUI~CHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights ........... 4 SECTION 2.2 Delivery of Deed of Easement .............................. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price ................................. 5 SECTION 3.2 Registration and Transfer of this Agreement ................... 5 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ............... 7 . r~ ARTICLE 4 REPRESENTATIONS AND WAIGLANTIES SECTION 4.1 Representations and Warranties of the City .................... 7 SECTION 4.2 Representations and Warranties of the Seller .................. 8 ii Section Page ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 SECTION 5.2 Intent of City and Tax Covenant of City ...................... 9 Acknowledgment of Seller with Regard to Tax Consequences of Transaction .............................. 9 ARTICLE 6 THE REGISTRAR SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 SECTION 6.5 Appointment of Registrar ................................. 9 Ownership of Agreement .................................. 9 Removal of Registrar and Appointment of Successor Registrar .................................... 10 Qualifications of Successor Registrar ....................... 10 Successor by Merger or Consolidation ...................... 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 Successors of City ...................................... 10 Parties in Interest ....................................... 10 Binding Effect ......................................... 11 Severability ........................................... 11 Prior Agreements Cancelled; No Merger ..................... 11 Amendments, Changes and Modifications ................... 11 No Personal Liability of City Officials ...................... 11 Governing Law ........................................ 11 Notic& ............................................... 11 Holidays .............................................. 12 Signatures and Seals .................................................... 13 EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - Form of Deed of Easement Description of Land Permitted Enculnbrances Fom~ of Assignment Transfer of Agreement - Schedule of Transferees iii INSTALLMENT PURCHASE AGREEMENT (Agreement No. 2000-26) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the __ day of ,2000 between CLK Company (the "Seller") and CiTY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to tile authority granted by tile Open-Space Land Act, Chapter 17, Title 10.1 of tim Code of Virginia of 1950, as amended (the "Act"), thc City adopted tile Ordinance (hereinafter defined in Section 1.1) to promote and encourage tile preservation of agricultural land itl designated areas within the southern portion of thc City. B. In furtherance of the purposes of the Act and the Ordinance, the City bas established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, tile following terms have the following meanings, unless tim context clearly indicates a diffcrent meaning: 1 "Agricultural Use" means (i) the bona fide production of crops, animal or lYwl, including, but not limited to, tile production of fruits, vegetables, honey, grains, meat, poultry and dairy products, thc raising of livestock and poultry, and tile production and harvcsl of products from horticultural, silvicultural or aquacultural activity, (ii) tim repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by tile landowner or tenant as of thc date of application for entry in the Agricultural Reserve Program and no more than one fi'ecstanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory usc. "Business Day" or "business day" means a day on which (a) banks located ill thc City and in the city ill which tile principal office of thc Registrar is located are ilot rcquircd or authorized by law or executive order to close fei- business, and (b) Thc New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith fi'om the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the fonn attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than ali Agricultural Use. Development Rights shall include, but not be limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. "Estate Settlement Transfer" means the transfer by the legal representative of the estate ora deceased Seller of such Seller's rights in and to this Agreement in connection with the distribntion of the deceased Seller's estate or other settlement of such decedent Scl let's estate. "Interest Payment Datc" means .lunc 1 and December 1 in cach year, commcncing ,2000. "Land" means the tract or tracts of land located in containing approximately acres, and more Exhibit B attached hereto and made a part hereof. Virginia Beach, Virginia, particularly described in "Ordinancc" means thc Agricultural Lands Prescrvation Ordinance adopted by thc City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified fi'om time to time. "Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $668,396, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" rneans the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" mean~'First Union National Bank or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. "Seller" means CLK Company. "State" means the Commonwealth of Virginia. 3 SECTION 1.2 Rules of Construction. (a) The words "hereof," "herein," "hcreunder," "hereto," and othcr words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein arc intcndcd to include and mean "covenant" and "covenants." Agreement Agreement. (c) References to Articles, Sections, and other subdivisions of this are to the designated Articles, Sections, and other subdivisions of this (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have bcen made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Developlnent Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 DeliveL'y of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. -r. ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single instalhnent on ,202_ [25-year maturity date]. The Purchase Price is $668,396. (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date of recordation of the Deed of Easement and shall be payable to the Registered Owner on , 2000, and semiannually thereafter on June I and December 1 in each year to and including ,202_, at the rate of % per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single instalhnent of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City lnaintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single instalhnent of principal of the Purchase Price shall be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual paymen(:of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered on such registration books, and permit to be transferred thereon, under such reasonable 5 regulations as the City or thc Registrar may prescribe, thc ownership of this Agreement. Thc Registrar, however, shall not be required to make any such registration and transfcr during the period fi'om the Record Date to the next succeeding Interest Payment Date or ['inal principal payment date. (b) Exccpt for an Estate Settlement Transfer, this Agreement may not bc transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become elTfcctivc, and any such attempted transfer shall be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept ['or thc purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Rcgistered Owner. This Agreement shall be transferable only upon thc books of thc City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintairmd by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreernent to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other goverru'nental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. 6 SECTION 3.3 Mntilatcd, Lost, Stolen or Dcstroycd Agreement. ltl thc cvcnt that this Agreement is mutilated, lost, stolen or destroyed, thc City and the Registered O\vllel-(aS then shown oil the registration books maintained by thc Registrar) shall execute anti clclivcr a substitute agreement having tile same terms and provisions as tile mutilated, lost, stolen or destroyed Agreement; provided that, iii the case of any mutilated Agreement, such mutilatcd Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or destroycd Agreement there shall be first furnished to the City and the Registrar evidence of such loss, theft or destruction satisfactory to tile City and the Registrar, together with indemnity satisfactory to each of them ill their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenscs and reasonable fces, ifany, iii this connection. If after thc delivery of such substitute Agreement, a bolla fide purchaser of thc original Agreement (ill lieu of which such substitute Agrccmcnt was isstled) presents lot' payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agmemertt fi'om thc person to whom il ,,vas delivered or any other person who receives dclivcry thereol; except a bona fidc purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by thc City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and WmTanties of the City. The City makes the following representations and warranties: the State. (a) The City is a body politic and corporate and a political subdivision of (b) The City has tile necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery o'1~' this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its tm'ms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before arty court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makcs tile following representations and warranties: (a) Tile Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for hcrein and thcrcin. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability of'this Agreement or thc Deed of Easement, or, if re~_luired, thc same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations oftllc Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is ilo litigation or proceeding pending or, so far as tile Seller knows, thrcatcned before any court or admiuistrativc agency which, in tile opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or ill any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be ill default or violated as a result of such execution, delivery or perfon'nance, or for which adequate consents, waivers or, if necessary, releases or subordinatious, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or oilier encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number(s) of the Seller [is] [are] The representations in subsections (0 and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller aclmowledges that any false statement in such subsections could be punished by fine, imprisonment or both. (h) To the best of the knowledge, information and belief of the Seller, the Land has not been used for the manufacture, storage, treatment, disposal or release o1' any hazardous waste or substance. ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that thc interest payable under this Agreement shall not be includable in the gross incomc of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or pen-nit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion fi'om Kaufinan & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the (;ode, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any or'its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of Agreement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, 9 own and hold this Agreement, and may join iii any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. 'Fhe Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in auy financial or other transaction with the City, and may act as depository, trustee or agent for other obligatious of the City as fl'eely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The City shall have thc right, subject to thc terms of any agreement with thc Registrar, to remove the Registrar any time by fi ling with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Ret~istrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed uporl it as Registrar by this Agreement. SECTION 6.5 Successorb¥ Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting fi'om any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 SuCcessors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreen-lents in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City from time to time and any entity, officer, board, conunission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreernent expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City, the Seller, any other Registered 10 Owncr and the Registrar, any right, remedy or claim under or by reason of this Agrccmcnt, this Agreement being intended to be for the sole and exclusive benefit o Uthe City, thc Scllcr, any other Registered Owner fi'om time to time of this Agrccmcnt and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owncrs fi'om time to time el'this Agreement. SECTION 7.4 Severability. In case any one or more of thc provisions o£this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and cn forced as ifsnch illegal or invalid provisions had not been containcd herein or therein. SECTION 7.5 Prior Agreements Cancelled; No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments, Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees o1~ the C~ty nor any official executing this Agreernent shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereofi SECTION 7.8 Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to bc in writing shall be sufficiently given and shall be dcemed to have bccn 11 properly given three Business Days after the same is mailed by ccrtiffed mail, postage prepaid, return receipt requested, addressed to the person to whom any such notice, dcmand. request, approval, certificate or other conmmnication is to be given, at thc address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Registrar: First Union National Bank Corporate Trust/Bond Adlninistration 7 North 8th Street Richmond, Virginia 23219 Pray of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreernent, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest S~all accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. 12 [CITY'S SEAL] CITY: CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: By: James K. Spore, City Manager City Clerk SELLER: (SEAL) SEAL) Approved as to Legal Sufficiency: Deputy City Attorney Approved as to Sufficiency of Funds: Director, Department of Finance 13 COMMONWEALTH OF VIRGiNIA AT LARGE, to-wit: The fbregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,2000, by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 2000, by (SEAL) My Commission Expires: Notary Public 14 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: Tim foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 2000, by (SEAL) My Commission Expires: Notary Public 15 FORM OF DEED OF EASEMENT EXHIBIT A [SEE ATTACHED] 16 This instrument was prepared by Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4) DEED OF EASEMENT EXHIBIT A THIS DEED OF EASEMENT is made this # day of# ,20#__, by and between # and # (collectively, the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southern of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has :stablished the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase o fagricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land"); and WHEREAS, the E'and is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easernent and thereby restrict the use of the Land as described herein; and GPIN # WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the pa.vment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an lnstalhnent Purchase Agreement of even date here~vith (the "Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors arid assigns, and for any subsequent owner of the Land does hereby om'ant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the rand restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant .nd convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS, COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall .c create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other iperson or entity having any right, title or interest therein and upo~n.,their respective heirs, Ipersonal representatives, devisees, successors and assigns; and (0) that the covenants, conditions, limitations and restrictions contained herein are intended to lin'fit the use of the :Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, ':successors and assigns, further covemmt and agree as follows: 2 (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising ,of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the sarne property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term Idoes not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (3) This Deed of Easement does not grant the public any right ofentry or access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST 1N PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation o f farmland, and promote and enhance aomSculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, lire Cindy and its successors and assigns, may institute and prosecute any ~roceedino at law or in equity to enforce the provisions hereof or to abate, prevent or en. lo~n my such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. #[NOTE-USE IF GRANTOR IS MARRIED BUT SPOUSE IS NOT ON DEED--Anything herein to the contrary notv,'ithstanding, AND , execute(s) this Deed of Easement for the sole purpose of consenting to the conveyance o land releasing any marital or augmented estate interest in the easement and rights set forth herein. GRANTOR: .(SEAL) .(SEAL) APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing 20#__,by # instrument was acknowledged before me , Virginia, this day of in the City of , Grantor. (SEAL) My Commission Expires: Notary Public CONiMONWEALTH OF VIRGiNIA AT LARGE, to-wit: The foregoing 20#_,by # instrument was acknowledged before me in the City of , Virginia, this ~. day of , , Grantor. SEAL) My Commission Expires: Notary Public EXHIBIT A #[Insert Legal Description] LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Parnlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] IT BEING a portion of the same property conveyed to from , by deed (#of gift), dated recorded in the aforesaid Clerk's Office in Deed Book , duly , at page DESCRIPTION OF LAND EXH1B1T B [SEE ATTACHED] 17 EXHIBIT B ~ An undivided one-half (h) interest in "All that detrain tr%ct, piece or parcel of land containing 25.12.48 acres, more or le!~s, situate in the City of Virginia Beach, Virginia, known, numbered and designated as "Parcel B" on that certain plat entitled: 'Subdivision of Property of Josie Britt, Estate Princess Anne Borough, Virginia Beach, Virginia D.B. 184, 359' dated April 18 1985, made by Stephen I. Boone & ! Associates, P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2429, page 851. It being a part of the property which was conveyed to Josie Britt by the deed of F. E. Kellum, Trustee, dated March 7, 1936, and recorded in the Cl~rk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 184, page 359, and which upon the death of the said Josie Britt intestate and a widow on November 24, 1972, descended to he~ three (3) children and only heirs at law, Velwood V. Britt, Alice M. Britt, who is sometimes known as Rita A. Britt and The!ma Britt Harris." ' It being the same property conveyed to Robert G. Doumar and Montgomery Knight, Trustees under a certain agreement dated July 29, 1985, and known as the "Britt Trust", and Charles L. Kaufman, Jr., by deed dated July 29, 1985, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Deed Book 2432, page 838, with the Trustees and Charles L. Kaufman, Jr. each having been conveyed an undivided one-half interest in said property. See deeds of correction in Deed Book 2693 page 611, and Deed Book 2733 page 1787. ' T ,R~.~CT~ An undivided one-half (h) interest in "ALL THAT certain parcel of land situated in Princess Anne Borough in the City of Virginia Beach, Virginia consistiB~ of 3.388 acres as shown on that certain plat entitled 'Boundary Agreement with Rock Ministries, Inc.' dated September 11, 1987,.~Dade by Stephen I. Boone & Associates, P.C. which is recorded as part of this transaction and is more particularly described as follows: Starting at a point where the northeast corner of Parcel 'A' as shown on said plat meets and intersects with Indian River Road and proceeding along the boundary line between Parcel 'A' and Parcel 'B' South 11 degrees 07 minutes 59 seconds West, 497.08 feet to a point; thence along said boundary line South 06 degrees 01 minute 42 seconds West, 300.00 feet to the point of beginning, and from'said point of beginning proceeding along the Western boundary line of. Parcel 'B', South 06 degrees 01 minute 42 seconds West, 267.60 feet to a point; thence continuing along. said boundary line South 03 degrees 13 minutes 18 seconds East, a distance of 622.38 feet to a point at a corner of the land now or formerly A. G. Doumar and M. Knight, and thence turning and proceeding North 89 degrees 43 minutes 18 seconds West, a distance of 239.58 feet to a point; thence turning and proceeding North 07 degrees 31 minutes 42 seconds East, a distance of 953.85 feet to a point; thence turning and proceeding South 61 degrees 10 minutes 51 seconds East a distance of 122.96 feet to the point of beginning." It being the same property conveyed by Robert G. Doumar, homme sole, by deed of correction dated March 28, 1988, to Robert G. Doumar an.d~.~.Montgomery Knight, Jr., Trustees, and Charl.~T~_' L. Kaufman, Jr. and Carol Kaufman, his wife, with.said deed recorded in the aforesaid Clerk's Office in Deed Book 2733, page 1787. See deed recorded in Deed Book 2693, page 611. ! TRACT 3' A~L THOSE certain parcels of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as Parcels "7", ,~ · , , , as shown on a certain plat e ..... led "Division of Walter West Estate, et al, Princess :~nne Borough, Virginia Beach, Virginia,,, April 18, 1977, which plat is filed with the Court papers in a certain chancery suit filed in the Circuit Court of the City of Virginia Beach, Virginia, the style of which suit is: ~ob~r~_~. Doumar and Dorothy M. ~oumar v. M. Bonne~ F!anaaan, Jr., et ux, et a!, which was Chancery File Number C-77-1043, and Ended File Number C-916-77, as well as a portion of Parcel "A" as shown on said plat, all of which property consists of 105.4878 acres, by gross, as shown on =he P!at~.Physical Survey of Property to be Conveyed-.~ Charles ~' Kaufman, Jr., Princess Anne BorQugh, Virginia Beach, Va" dated January 17, 1979, made by Gallup Surveying, Ltd., and bounded and described as follows: ~eginning at a Doint, which point i~ located N S39 !!' 49" W, 40 feet from the southeastern corner of S~id Parce~ "1!" and from said point of beginning proceeding thence S 49" E, along the southern boundary o~ said Paccel "11" 40 feet to the western edge of a 50-foot private road; ~rbceedinc along the western edge of said road a lineal clstance of 164.69 feet along a curve to the right having a radius of 203. ,1 feet to a point; thence'proceeding N 59. 34' 45" E, 2804.03 feet to t~e southern edge of Parcel "6"; proceeding then N 83~-nll' 49" W, 1017.84 feet along the southern edge of Parcel "6".to the eastern edge of the property now or formerly Weyerhaeuser; thence proceeding along said Weyerhaeuser's line the fo!lowing courses and distances: S 06u 2S' 27" W, 3298 feet; S 05u 40' 37" W, !09.57 feet; S 06~ 47' 47" W, 173.26 feet; S 069 00' 29" W, 449.75 feet; S 09~ 37' 45" W, 259.62 feet; S 63~ 48' 54" W, 24S.S2 feet; and thence proceeding S 54'~ 48' 54" W, to the North Landinq River, a field distance of 1240 feet, which is a point hereinafter designated as a tie line point and which said point is shown on the aforesaid plats as being a ~ distance of !2S6.34 feet from ~he preceding point; and from said uoint proceeding southeasterly along the North Landing River to a point which is S 45u 46' 06"..E 406.92 feet from said tie line; and thence proceeding from said point, which is on the edge of the North Landing River N 54~ 48' 54" E 1133.78 feet to a point; thence proceedi.ng N 63u 48' 54"' E 421.96 feet to a point; thence proceeding N 2~ 7' 50" W 493.56 feet to a point; thence proceeding N 439 32' 55" E ~9~.~& ~eet to the point of beainnin~. PERMITTED ENCUMBRANCES EXItlBIT C [SEE ATTACItED] 18 EXHIBIT "C" PERMITTED ENCUMBRANCES Taxes for the fiscal year 1999/2000 and any/all stormwater fees, which are liens not yet due and payable, and taxes and stonnwater fees for all subsequent billing periods. Roll Back Taxes. Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not adversely affect the interest of the City of Virginia Beach in and to the agricultural land preservation easement and the rights granted to the City in the Deed of Easement. ASSIGNMENT EXHIBIT D FOR VALUE RECEIVED, and ([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto , without recourse, all of[he Registered Owner's right, title and interest in and to the Installment Purchase Agreelnent to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except .]. Date: Signature guaranteed: NOTICE: Signature mus~be guaranteed by a member film of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 19 EXHIBIT E TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly authorized officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Registration of Transfer Name and Address of Transferee Registered Seller Tax I.D. No. of Transferee Signature of Registrar o 20 - 25- Item VI-Ll.b. ORDINANCES ITEM # 46281 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the acquisition of Agricultural Land Preservation (ARP) easements and the issuance of contract obligations: (PRINCESS ANNE - DISTRICT 7) Kenneth densen, dr./dames W. Buffington, III Caroline Buffington 87. 50 Acres Installment Purchase Agreement No. 2000-2 7 $ 213,909.00 Voting: 10-1 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None February 22, 2000 2 3 4 5 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $213,909 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council for approval an Installment Purchase Agreement for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement, a true copy of which is hereto affixed) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $213,909; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment. Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.50% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.50% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement in the form and substance presented at this meeting and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as presented at this meeting with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. N DOUMAR/KA' ARP AREA Kenneth L. Jensen, Jr., James W. Buffington, III and Caroline Buffington, the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 2000-27) TABLE OF CONTENTS (This Table of Contents is not part of the Installment Purchase Agreement and is only for convenience of reference) Section Page RECITALS AGREEMENTS ARTICLE 1 DEFINITIONS SECTION 1.1 SECTION 1.2 Definitions ............................................. 2 Rules of Construction .................................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 SECTION 2.2 Agreement to Sell and Purchase Development Rights ........... 4 Delivery of Deed of Easement .............................. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 SECTION 3.2 SECTION 3.3 Payment of Purchase Price ................................. 5 Registration and Transfer of this Agreement ................... 5 Mutilated, Lost, Stolen or Destroyed Agreement ............... 6 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 SECTION 4.2 Representations and Warranties of the City .................... 7 Representations and Warranties of the Seller .................. 7 ii Section Page ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 SECTION 5.2 Intent of City and Tax Covenant of City ...................... 9 Acknowledgment of Seller with Regard to Tax Consequences of Transaction ..................... 9 ARTICLE 6 SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 SECTION 6.5 THE REGISTRAR Appointment of Registrar ................................. 9 Ownership of Agreement .................................. 9 Removal of Registrar and Appointment of Successor Registrar ........................... 10 Qualifications of Successor Registrar ....................... 10 Successor by Merger or Consolidation ...................... 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 Successors of City ...................................... 10 Parties in Interest ....................................... 10 Binding Effect ......................................... 11 Severability ........................................... 11 Prior Agreements Cancelled; No Merger ..................... 11 Amendments, Changes and Modifications ................... 11 No Personal Liability of City Officials ...................... 11 Governing Law ........................................ 11 Notices Holidays ..................................... 12 Signatures and Seals EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - Form of Deed of Easement Description of Land Permitted Encumbrances Form of Assignment Transfer of Agreement - Schedule of Transferees 111 INSTALLMENT PURCHASE AGREEMENT (Agreement No. 2000-27) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the __ day of , 200 between and ([collectively,] the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: 1 "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. "Business Day" or "business day" means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or authorized by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but not be limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. 2 "Estate Settlement Transfer" means the transfer by the legal representative of the estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent Seller's estate. "Interest Payment Date" means June 1 and December 1 in each year, commencing ,200 . "Land" means the tract or tracts of land located in Virginia Beach, Virginia, containing approximately acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $213,909, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" means First Union National Bank or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. "Seller" means, collectively, Kenneth L. Jensen, Jr. and James W, III and Caroline Buffington. "State" means the Commonwealth of Virginia. SECTION 1.2 Rules of Construction. (a) The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant" and "covenants." Agreement Agreement. (c) References to Articles, Sections, and other are to the designated Articles, Sections, and other subdivisions of this subdivisions of this (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery_ of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on ,202_ [25-year maturity date]. The Purchase Price is (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date of recordation of the Deed of Easement and shall be payable to the Registered Owner on ,2000, and semiannually thereafter on June 1 and December 1 in each year to and including ,202_, at the rate of__% per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price shall be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered 5 on such registration books, and permit to be transferred thereon, under such reasonable regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer shall be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed bY the Registered Owner or his attorney duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. 6 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement. In the event that this Agreement is mutilated, lost, stolen or destroyed, the City and the Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first furnished to the City and the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City. The City makes the following representations and warranties: the State. (a) The City is a body politic and corporate and a political subdivision of (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: (a) The Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability of this Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, threatened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number(s) of the Seller [is] [are] ~ [(for ) and (for )]. The representations in subsections (f) and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. 8 (h) To the best of the knowledge, information and belief of the Seller, the Land has not been used for the manufacture, storage, treatment, disposal or release of any hazardous waste or substance. ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the interest payable under this Agreement shall not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of Agreement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, own and hold this Agreement, and may join in any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The City shall have the right, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Registrar. Any successor iRegistrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City from time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City, the Seller, any other Registered 10 Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners from time to time of this Agreement. SECTION 7.4 Severability. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior Agreements Cancelled; No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments, Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 7.8 Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and shall be deemed to have been 11 properly given three Business Days after the same is mailed by certified mail, postage prepaid, return receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Registrar: First Union National Bank Corporate Trust/Bond Administration 7 North 8th Street Richmond, Virginia 23219 Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest shall accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. 12 [CITY'S SEAL] cITY: CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: City Clerk By: James K. Spore, City Manager SELLER: (SEAL) (SEAL) Approved as to Legal Sufficiency: Approved as to Sufficiency of Funds: Deputy City Attorney Director, Department of Finance 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,200_, by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 20 ., by (SEAL) My Commission Expires: Notary Public 14 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 20 , by (SEAL) My Commission Expires: Notary Public 15 FORM OF DEED OF EASEMENT EXHIBIT A [SEE ATTACHED] 16 This instrument was prepared by Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4) DEED OF EASEMENT EXHIBIT A THIS DEED OF EASEMENT is made this ~ day of ,2000, by and between JAMES W. BUFFINGTON, III and CAROLINE BUFFINGTON, husband and wife; KENNETH L. JENSEN, JR., and , his wife, and KENNETH L. JENSEN and VIOLET F. JENSEN., husband and wife'(collectively, the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"), whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land"); and WHEREAS, the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN 1397-06-0587 & 1397-05-3235 WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS, COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the iLand and any other person or entity having any right, title or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, successors and assigns, further covenant and agree as follows: (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (3) This Deed of Easement does not grant the public any right of entry or access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. Anything herein to the contrary notwithstanding, executes this Deed of Easement for the sole purpose of consenting to the conveyance of and releasing any marital or augmented estate interest in the easement and rights set forth herein. Furthermore, Kenneth L. Jensen and Violet F. Jensen, husband and wife, execute this Deed of Easement solely for the purpose ofsubj ecting to the easement and rights set forth herein their life estate interest in the Land conveyed to them from James W. Buffington, III, et al, by Deed of Girl dated July 22, 1999, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4116, at page 2203. GRANTOR: James W. Buffington, III .(SEAL) Caroline Buffington ,(SEAL) Kenneth L. Jensen, Jr. (SEAL) Jensen (SEAL) Kenneth L. Jensen (SEAL) Violet F. Jensen (SEAL) APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY 4 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,2000, by James W. Buffington, III and Caroline Buffington, husband and wife, Grantor. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,2000, by Kenneth L. Jensen, Jr., and , husband and wife, Grantor. (SEAL) Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this., day of ,2000, by Kenneth L. Jensen and Violet F. Jensen, Grantor. (SEAL) Notary Public My Commission Expires: EXHIBIT A PARCEL 1: ALL THAT certain tract, piece or parcel of land, together with the improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in Blackwater Borough, City of Virginia Beach, Virginia, and described on a certain plat designated as "N.C. Chaplin Estate, located in Blackwater - Princess Anne County, Virginia, W. B. Gallup- County Surveyor" dated December 24, 1940, as "Wasteland (Swamp)" and "Woodland - 34 AC.", being more particularly bounded and described as follows: Beginning at a pipe in the center of a ditch located on the western side of the said property and running along the center of said ditch North 17 deg. 05 min. East 500.1 feet to a point in center of ditch; thence running North 11 deg. 05 min. East 793 feet to an ash, thence South 84 deg. 30 min. West 150.5 feet to a beech; North 0 deg. 45 min. West 160.0 feet to Bay; North 23 deg. 45 min. West 100.0 feet to pipe, North 56 deg. 55 min. West 64.3 feet to iron axle; North 13 deg. 15 min. East 187.0 feet to B. Gum; thence turning and running South 69 deg. 05 min. East 214 feet to willow; South 69 deg. 05 min. East 37.5 feet to pipe; South 69 deg. 05 min. East 8 feet to point in center of the stream, thence continuing along the center of the stream South 54 deg. 15 min. East 527 feet; continuing along the center of stream; South 44 deg. 45 min. East 227 feet to a point; continuing along the center of the stream South 32 deg. 55 min. East 346 feet to a point; South 57 deg. 42 min. East 233 feet; thence turning and running South 7 deg. 00 min. East 8 feet to a pipe; thence turning and running South 7 deg. 00 min. East 178.2 feet to a beech; South 8 deg. 05 min. East 303 feet to a S. gum; South 12 deg. 00 min. West 113 feet to pipe at Creekmore's Causeway (beech down); thence turning and running along the Northwest side of the Woods Road South 56 deg. 10 min. West 230.5 feet to pipe (in pine stump); South 56 deg. 25 min. West 90.5 feet to oak; South 53 deg. 40 min. West 123.7 feet to pine; South 55 deg. 45 min. West 134.0 feet to pine; South 60 deg. 00 min. West 155.5 feet to pine; South 67 deg. 00 min. West 65.0 feet to pine; South 53 deg. 30 min. West 113.0 feet to oak; South 55 6 deg. 06 min. West 137.0 feet to gum; South 47 deg. 00 min West 117.0 feet to pine; South 47 deg. 54 min. West 88.4 feet to Bar; South 35 deg. 32 min. West 73.0 feet to pin; South 50 deg. 55 min. West 41.1 feet to pipe; South 34 deg. 30 min. West 225.3 feet to pipe; South 25 deg. 20 min. West 198.8 feet to oak; South 19 deg 05 min. West 118.00 feet to pipe; thence turning and running North 81 deg. 01 min. West to the center of a ditch (approximately 300 feet more or less); thence turning and running in a North Easterly direction along the center of said ditch to the point of beginning; said tract of land containing 45 acres more or less. PARCEL 2: ALL OF THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto appertaining, situate, lying, and being in the Blackwater Borough of the City of Virginia Beach, Virginia, containing 85 acres, more or less, and being more particularly bounded and described as follows: BEING bounded on the North by the land of Cecil Davenport (formerly N. C. Chaplin) and the property of Guy Salmon's Estate; on the East by the lands of Albert Eure, Lillie Frost, and L. J. Furlough (formerly Vinko Souyak and others); on the South by Craig's Causeway and other lands belonging to L. J. Furlough (formerly Malachi Mansfield's heirs); and on the West by Craig's Causeway (formerly designated "public road"). LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith. IT BEING a portion of the same property conveyed to James W. Buffington, III and Caroline Buffington, husband and wife .(as to an undivided one-half (1/2) interest), and Kenneth L. Jensen, Jr., (as to the other undivided one-half (1/2) interest), from Kenneth L. Jensen and Violet F. Jensen, husband and wife, by deed, dated July 22, 1999, duly recorded in the aforesaid Clerk's Office in Deed Book 4116, at page 2199. F: \Data\ATY~Forms~ARP\WORKI NG\DFS012. DED.wpd 8 DESCRIPTION OF LAND EXHIBIT B [SEE ATTACHED] 17 EXHIBIT B PARCEL 1: ALL THAT certain tract, piece or parcel of land, together with the improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in Blackwater Borough, City of Virginia Beach, Virginia, and described on a certain plat designated as "N.C. Chaplin Estate, located in Blackwater - Princess Anne County, Virginia, W. B. Gallup- County Surveyor" dated December 24, 1940, as "Wasteland (Swamp)" and "Woodland - 34 - AC.", being more particularly bounded and described as follows: Beginning at a pipe in the center of a ditch located on the western side of the said property and running along the center of said ditch North 17 deg. 05 min. East 500.1 feet to a point in center of ditch; thence running North 11 deg. 05 min. East 793 feet to an ash, thence South 84 deg. 30 min. West 150.5 feet to a beech; North 0 deg. 45 min. West 160.0 feet to Bay; North 23 deg. 45 min. West 100.0 feet to pipe, North 56 deg. 55 min. West 64.3 feet to iron axle; North 13 deg. 15 min. East 187.0 feet to B. Gum; thence turning and running South 69 deg. 05 min. East 214 feet to willow; South 69 deg. 05 min. East 37.5 feet to pipe; South 69 deg. 05 min. East 8 feet to point in center of the stream, thence continuing along the center of the stream South 54 deg. 15 min. East 527 feet; continuing along the center of stream; South 44 deg. 45 min. East 227 feet to a point; continuing along the center of the stream South 32 deg. 55 min. East 346 feet to a point; South 57 deg. 42 min. East 233 feet; thence turning and running South 7 deg. 00 min. East 8 feet to a pipe; thence turning and running South 7 deg. 00 min. East 178.2 feet to a beech; South 8 deg. 05 min. East 303 feet to a S. gum; South 12 deg. 00 min. West 113 feet to pipe at Creekmore's Causeway (beech down); thence turning and running along the Northwest side of the Woods Road South 56 deg. 10 min. West 230.5 feet to pipe (in pine stump); South 56 deg. 25 min. West 90.5 feet to oak; South 53 deg. 40 min. West 123.7 feet to pine; South 55 deg. 45 min. West 134.0 feet to pine; South 60 deg. 00 min. West 155.5 feet to pine; South 67 deg. 00 min. West 65.0 feet to pine; South 53 deg. 30 min. West 113.0 feet to oak; South 55 deg. 06 min. West 137.0 feet to gum; South 47 deg. 00 min West 117.0 feet to pine; South 47 deg. 54 min. West 88.4 feet to Bar; South 35 deg. 32 min. West 73.0 feet to pin; South 50 deg. 55 min. West 41.1 feet to pipe; South 34 deg. 30 min. West 225.3 feet to pipe; South 25 deg. 20 min. West 198.8 feet to oak; South 19 deg 05 min. West 118.00 feet to pipe; thence turning and running North 81 deg. 01 min. West to the center of a ditch (approximately 300 feet more or less); thence turning and running in a North Easterly direction along the center of said ditch to the point of beginning; said tract of land containing 45 acres more or less. PARCEL 2: ALL OF THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto appertaining, situate, lying, and being in the Blackwater Borough of the City of Virginia Beach, Virginia, containing 85 acres, more or less, and being more particularly bounded and described as follows: BEING bounded on the North by the land of Cecil Davenport (formerly N. C. Chaplin) and the property of Guy Salmon's Estate; on the East by the lands of Albert Eure, Lillie Frost, and L. J. Furlough (formerly Vinko Souyak and others); on the South by Craig's Causeway and other lands belonging to L. J. Furlough (formerly Malachi Mansfield's heirs); and on the West by Craig's Causeway (formerly designated "public road"). LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith. IT BEING a portion of the same property conveyed to James W. Buffington, III and Caroline Buffington, husband and wife (as to an undivided one-half (1/2) interest), and Kenneth L. Jensen, Jr., (las to the other undivided one-half(I/2) interest), from Kenneth L. Jensen and Violet F. Jensen, husband and wife, by deed, dated July 22, 1999, duly recorded in the aforesaid Clerk's Office in Deed Book 4116, at page 2199. F: \Dar a~ATY~Fonns~J~WORKING~,DF$O 12 .D E S .wpd PERMITTED ENCUMBRANCES EXHIBIT C [SEE ATTACHED] 18 EXHIBIT "C" PERMITTED ENCUMBRANCES Taxes for the fiscal year 2000/2001 and any/all stormwater fees, which are liens not yet due and payable, and taxes and stormwater fees for all subsequent billing periods. Roll Back Taxes. Easement granted Virginia Electric and Power Company over the subject property from Crags Causeway along private drive, as established by instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 973, Page 37. Easements granted Virginia Electric and Power Company over the subject property, as established by instruments recorded in the aforesaid Clerk's Office in Deed Book 237, Page 415 and in Deed Book 237, Page 452. Easement granted North Carolina Telephone Company over the subject property, as established by instrument recorded in the aforesaid Clerk's Office in Deed Book 283, Page 189, along roadway, over and across. Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not adversely affect the interest of the City of Virginia Beach in and to the agricultural land preservation easement and the rights granted to the City in the Deed of Easement. ASSIGNMENT EXHIBIT D FOR VALUE RECEIVED, ([collectively,] the "Registered Owner") hereby sell[si, and assign[s] and transfer[s] unto ., without recourse, all of the Registered Owner's right, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except ]. Date: Signature guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 19 EXHIBIT E TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly authorized officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Registration of Transfer Name and Address of Transferee Registered Seller Tax I.D. No. of Transferee Signature of Registrar o o 20 - 26- Item VI-I.2. ORDINANCES ITEM 14 46282 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance to AMEND Section 23-43 of the City Code, ADDING a new subsection re designation of the Police Department to enforce trespassing violations on private property. Voting: 1 O- 1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None February 22, 2000 AN ORDINANCE TO AMEND SECTION 23-43 OF THE CITY CODE BY ADDING A NEW SUBSECTION PERTAINING TO DESIGNATION OF THE POLICE DEPARTMENT TO ENFORCE TRESPASSING VIOLATIONS ON PRIVATE PROPERTY SECTION AMENDED 23-43 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-43 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 23-43. Trespass after having been forbidden to do so. (a) If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof, at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia sections 16.1-253, 16.1-253.1, 16.1-278.2 throuqh 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1 279, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10 or an ex parte order issued pursuant to Code of Virginia section 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of Code of Virginia sections 18.2-132 through 18.2-136. 32 33 34 35 36 37 38 39 4O 41 42 43 44 (b) Any owner of real property may, in writinq on a form prescribed by the chief of police, desiqnate the police department as a "person lawfully in charqe thereof," as those terms are used in subsection (a) of this section, for the purpose of forbiddinq another to qo or remain upon the lands, buildings or premises of such owner. Such desiqnation shall include a description of the land(s), buildinq(s) or premises to which it applies; shall reference the period of time durinq which it is in effect~ and shall be kept on file in the office of the chief of police or in such other location within the police department as the chief of police deems appropriate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of February, 2000. CA-7575 ODIN~PROPOSED~23-043.ORD R2 FEBRUARY 14, 2000 -27- Item VI-I. 3. ORDINANCES ITEM # 46283 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance to APPROPRIATE $353,352 from the Tourism Advertising Program Fund to the FY1999-2000 Operating Budget of the Department of Convention and Visitor Development re expanding the City's Tourism Advertising Program. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $353,352 FROM FUND BALANCE IN THE TOURISM ADVERTISING PROGRAM FUND TO THE FY 1999-00 OPEP~ATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT FOR THE PURPOSE OF EXPANDING THE CITY'S TOURISM ADVERTISING PROGRAM 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 WHEREAS, the Tourism Advertising Program Fund was established by the City Council to provide a consistent funding source for both the City's tourism advertising program and for the Visitor Center; Information WHEREAS, the Department of Convention and Visitor Development NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $353,352 are hereby appropriated to the FY 1999-00 Operating Budget of the Department of Convention and Visitor Development from the fund balance of the Tourism Advertising Program Fund to expand the City's tourism advertising efforts. Adopted by the Council of the City of Virginia Beach, Virginia, on the Z2~ day of February000. Requires an affirmative vote by a majority of the members of City Council. CA7607 F:~Data~ATY~Ordin~NONCODE~tourism advertising.ord February 10, 2000 Ri APPROVED AS TO CONTENT: M'~nag~em~nt S~r~i ces~ APPROVED AS TO SUFFICIENCY City Attorney's Office LEGAL tourism advertising policies. desires to increase funding in support of tourism advertising programs such as sports marketing initiatives, regional cooperative advertising campaigns and new marketing initiatives; and WHEREAS, there are sufficient funds within the fund balance of the Tourism Advertising Program Fund to provide $353,352 to expand the program while maintaining fund balance reserve - 28- Item VI-I. 4. ORDINANCES ITEM # 46284 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance to APPROPRIATE $55,000 from the General Fund to the Davis Corner Volunteer Rescue Squad re providing an interest-free loan to refurbish a chassis on one of its ambulances. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO APPROPRIATE $55,000 OF FUND BALANCE FROM THE GENERAL FUND TO PROVIDE AN INTEREST-FREE LOAN TO THE DAVIS CORNER VOLUNTEER RESCUE SQUAD FOR REFURBISHMENT OF A SQUAD AMBULANCE WHEREAS, the Davis Corner Volunteer Rescue Squad ("Rescue Squad") has determined that one of its current ambulances needs a new chassis; WHEREAS, the Rescue Squad does not presently have adequate funds to pay for this expense, but has represented that fund-raising efforts will provide sufficient funds to repay an interest-free loan from the City of Virginia Beach in the amount of $55,000; and WHEREAS, the Rescue Squad has previously received interest-free loans from the City and has repaid such loans on time or ahead of schedule. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $55,000 are hereby appropriated from fund balance in the General Fund for the purpose of providing an interest-free loan to the Davis Corner Volunteer Rescue Squad so that it may refurbish a chassis on one of its ambulances. 2. That this loan is to be repaid in (5) equal annual installments of $11,000 due on the 15th day of March each year, with the first payment to be made on or before March 15, 2001 and the last payment to be made on or before February 15, 2005. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of February , 2000. 27 28 29 3O 31 32 Requires an affirmative vote by a majority of the members of the City Council. CA7608 ORDIN~NONCODE~Davis Corner Rescue. ord R-2 February 14, 2000 33 34 35 36 37 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office - 29 - Item VI-I. 5. ORDINANCES ITEM (4 46285 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE $35,650 and $1 O, 550 grants from the Bill and Melinda Gates Foundation to the FY 1999- 2000 Operating Budget of the Department of Public Libraries republic computing opportunities at the Oceanfront Library and to expand existing capabilities at the Central Library; and, general fund revenue be increased accordingly. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE GP~ANTS IN THE AMOUNTS OF $35,650 AND $10,550 FROM THE BILL AND MELINDA GATES FOUNDATION TO THE FY 1999-00 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC LIBRARIES FOR THE PURPOSES OF EXPANDING PUBLIC COMPUTING ACCESS AND THE DEVELOPMENT OF INTERNET SKILLS. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Virginia Beach Public Library has been awarded $35,650 and $10,550 respectively from the Bill and Melinda Gates Foundation to expand opportunities for public access computing and development of Internet and web searching skills through a regional training lab; and WHEREAS, no matching funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That two grants in the amounts of $35,650 and $10,550 are hereby accepted from the Bill and Melinda Gates Foundation and appropriated to the FY 1999-00 Operating Budget of the Department of Public Libraries for the purpose of providing additional public computing opportunities at the Oceanfront Library and to expand existing capabilities in the Public Access Computer Room in the Central Library through partnership with the Adult Learning Center. 2. That general fund revenue from the Bill and Melinda Gates Foundation be increased by the amount of the grant awards. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of ~ebruary , 2000. 30 31 32 33 34 35 36 37 38 39 4O CA7605 F:~Data~ATY~Ordin[NONCODE~Public Library.ord R2 February 14, 2000 Requires an affirmative vote by a majority of the members of the City Council. Approved as to Content: MANAGEMENT · Approved as to Legal Sufficiency: CITY ATTORNE!~'S OFFICE BILL MELINDA GATES January 14, 2000 Ms. Martha Sims Virginia Beach Public Library 2416 Courthouse Drive Virginia Beach, VA 23456 Dear Ms. Sims, The Bill and Melinda Gates Foundation is pleased to provide a grant of $10,550 to the Virginia Beach Public Library, Grant Number VA-98-23456-00-B, to provide funds for the expansion of public access to computers and the Internet. In all future correspondence related to this agreement, please refer to the Grant Number above. As noted in the Agreement, the grant funds must be spent by June 30, 2000. After this date, the Foundation will mail a verification expenditure form for you to fill out verifying that all of the funds were spent for the purpose of the grant. Included in this award package are: Grant Agreement: Please acknowledge your receipt of this letter and acceptance of the terms in the attached grant agreement, by returning one original signed copy of the agreement by February 2"a to: Bill & Melinda Gates Foundation Attn: Maureen Whitmore PO Box 23350 Seattle, WA 98102 Grant Check: Please note this check will not be valid unless the signed agreement is returned to the Foundation by February 2nd. If there are any problems meeting that deadline, please call me at (206) 709-3210. Budget Summary Table: This donation is intended to provide funding for expenditures as detailed in the attached budget summary table. These award funds and amounts of equipment are restricted to the specific library buildings identified in the attached budget summary table. PO Box 23350 Seattle. ~uhington 98102 V 206.709.3100 F 2062709.3180 Page 2 January 14, 2000 You will receive the granted software packages in the early spring for your granted equipment. Please note that some of the software titles may have changed due to our licensing agreements. The Foundation has an evaluation component as part of the library grant program. We ask that you agree to participate as a grantee in evaluation by the Foundation with respect to: identifying your library system's outreach, sustainability, training and curriculum, networking, and efforts to bridge the digital divide. From time to time we may also ask you to contribute examples, stories, and anecdotes on the differences computers and Intemet access may have made to the libraries and patrons in your community. We may also ask you to participate in a video documentary about the impact of the project. We are excited to have you involved in what we hope will be a very significant and worthwhile project. Thank you for your enthusiasm in the effort to expand public access to information technologies and for your leadership role in public libraries. Sincerely, Tom Mayer U.S. Library Program Manager CC: Richard Akeroyd Craig Amold Kim Wilson Valisa Smith Maureen Whitmore Grant Number: VA-98-23456-00-B BILL&MELINDA GATES GRANT AGREEMENT between TltE BILL & MELINDA GATES FOUNDATION and the Virginia Beach Public Library Grant Number VA-98-23456-00-B This Agreement is by and between the grantor, the Bill & Melinda Gates Foundation ("the Foundation"), and the grantee, the Virginia Beach Public Library, a Governmental Agency, with respect to Grant Number VA-98-23456-00-B. Purpose of the Grant The purpose of this grant is to expand public access to computers attd the Internet. Terms and Conditions of the Agreement The terms and conditions of this Agreement are as follows: 1) The total amount of the grant is $10,550. 2) The grant period shall be for a term commencing upon the execution of this Agreement and terminating on June 30, 2000. 3) The grantee agrees that the grant funds will be used in accordance with the budget submitted by the grantee as part of its grant proposal and as may have been amended by the Foundation, and attached to this Agreement. Also, the grantee agrees that the equipment specified in the attached budget is for the building identified and will not be moved to another facility. 4) All of the grant funds are to be used for, and only for, the purpose of the grant as described above. Internet connectivity is a requirement of the grant for the awarded equipment 5) If there are any left over funds after the budgeted items have been purchased, they may be reallocated as long as the funds are spent for the purpose of the grant. Items for which these excess funds might be used include additional computers, accessories, supplies (such as toner cartridges and disks), software, and related books and mining materials. In addition, the use of any reallocated funds is restricted to the specific library buildings identified in the attached budgets. Grant Number VA-98-23456-00-B 6) 7) 8) 9) The grantee agrees to furnish periodic reports to the Foundation as to the expenditure of grant funds in accordance with the budget and a final report upon expiration of the grant period, or exhaustion of the grant funds, whichever first occurs. The grantee agrees to keep its financial and other records so that they adequately show the use of the grant funds exclusively for the grant's purposes, and to make its books and records available to the Foundation at reasonable times. The grantee agrees that records of receipts and expenditures under the grant, and copies of reports submitted to the Foundation, will be retained by the grantee for a period of at least four years following the completion of such receipts and expenditures, and will be provided to the Foundation upon its written request. The grantee agrees that in accepting these funds to enhance technology in the library and to help bridge the digital divide, that you also agree to being evaluated by the Foundation on your efforts with respect to at least the following: identifying your library system's outreach, sustainability, training and curriculum, networking, and efforts to bridge the digital divide. The parties hereby agree to the terms and conditions of the grant as recited above. Dated January 14. 2000 BILL & MELINDA GATES FOUNDATION Tom Mayer, U.S. Library Program Manager Dated (GRANTEE) Sigha~ure Please Print Name and Title Grant Number VA-98-23456-OO-B Grant Summary Virginia Beach Public Library Oceanfront Area Library BR PCs 4 4 Printers 1 1 Total $10,550.00 $10,550.00 $2300 PC $1350 Printer for three(3) or more workstations $750 Printer for one(l) or two(2) workstations Tuesday. January. 0-1. 2000 Page 84 of 91 GATES LIBRARY INITIATIVE Accelerated Grant Program for Large Libraries Application for Eligible Buildings Grant From the Virginia Beach Public Library ~ameof~br-~) 11-05-99 (Date Submitted) Contact Information (~ Name of Library (tequdted): Address: 2416 Courthouse Drive Cia, State, Zip: Virginia Beach, Phone: 757-427-4321 Fa~ 757-427-4220 Virginia Beach Public Library VA 23456 Email: 'msims@city.virginia-beach.va.u~ Libraxywebsite UtLL, ifanF http://www-virginia-beach.va.us/services/library/ (2) Mainpemonresponsibleforcomplefingapp~cafion (teqttt~ea): Phone: 757-427-4321 Fax: 757-427-4220 E, mail: jstewart@city.virginia-beach.va.us John D. Stewart O) Maintechnic~ contact(~equ/re~: Nick May Phone: 757-431-3017 Fax: 757-431-3018 Emaik nmayOcity.virginia-beach.va.us (4) Maintrainingcontact(require~: bla.ryAppelberg Phone: 757-437-4821 Fax: 757-428-0566 Emaik mappelbergOcity.virginia-beach.va.us (5) Grant administrative contact (darddtTerentErom #2 above): Phone: Fax: .,,Grant Applicant Certification The purpose o£ Gates l_2brary I~idadve (GI.J) ~ ~s m ~d ~e a~~ of pubh~ ac~ss ~mpu~, ~d topside ac~s to ~e ~t~et ~d to ~'~ ~o~adon ~e pubic To ~ ~le ~r a Gates ~ ~d~ G~ a ~ mu~t be ~~ed by ~e State ~ ~ ~ a p~c ~ be op~ to pub~c ~e a~ ~ a pubh~ ~b~ (~Ot ~ ~ In making this application, we certify that if the grant is approve& 1. The grant funds will be an incremental inczeaze to other currant and anfidpated library funding and will not replace previously budl~ted items. 2. Thiz application is complete and reprczents the needs of this community. This library system meets the above eligibility standard' for Gat~ Libr~ Initiative funding. 3. All good faith efforts will be made to sustain the public access computing capability established by this grant Such efform will be aimed at a~suring that all computera and peripheral equipment axe kept fully operational and appropriately supplied. Also, every effort will be made to assure adequate public funding for the proper maintenance and eventual replacement of the equipment provided by thi~ glanL 4. The appLicant understands that grants will be made only to public Librafiea that provide unmediated acceas to computers/'or public use, and will operate and admini.qter the compute:~ and Interact accea$ without charges or fees to library patrons. lJbrazySy~tem Virginia Beach Public Library Library Board Chair.. N me D,,e' Mayor. Name Meyera E. Oberndorf GATES LIBRARY INITIATIVE BUILDINGS GRANT OCEANFRONT AREA LIBRARY GRANT October 26, 1999 Narrative 1 - Basic Project Description GLI Principle: The GLI grant should work in tandem with existing library technologies and services. The grant should enhance the current services the library provides as well as offer new opportunities for developing additional services. (a.) Public access to the Internet is not currently provided at the Oceanfront Area Library. The library has four PCs and two printers that provide public access to an on-line periodicals database. The library has dedicated terminals for public searching of the Virginia Beach Public Library catalog. On November 12, 1999, the Oceanfront Area Library will begin providing PC access to the library's catalog. Each of the seven dedicated terminals will be replaced with a PC, and the library will make additional printers available for public use. The library will initiate public access to the Intemet on its public PC's between April and June, 2000. (b.) GLI computers will boost the number of PC's providing public access to the Intemet. More specifically, they will allow the Library to test a homework/tutoring center concept intended for all of its facilities. During the day, the PCs will be dedicated to use by groups of people least likely to have computers at home or to have access to the Intemet, such as senior citizens and the homeless who live in the surrounding area. After school use will be focused upon access for the Library's student customers, many of whom participate in the Free and Reduced School Lunch Program. Staff have participated in two workshops and are receiving monthly training in various aspects of Internet use so that the library will be ready to assist customers when it opens public Internet access between April and June, 2000. Internet Docents will also be utilized to provide assistance to customers. The library has already foreseen a need to work with customers one-on-one and in small groups to enable them to be successful Internet users. This set of GLI computers will allow for even greater access while also enabling the library to set aside the additional four computers for specific training sessions. (c.) The Oceanfi-ont Library will request funds to purchase four additional recessed PC workstations to house the GLI public Internet access computers. The workstations will require electrical and data wiring. The Virginia Beach Public Library is currently preparing library staff for the introduction of public access to the Internet. The library's Internet Access Group has already initiated skills training for the staff. Both introductory and advanced Internet and web searching skills workshops have been scheduled for every library employee. The group continues to provide individual Intemet training experiences at the rate of one per month. The library will be recruiting and training volunteers to act as Internet Docents. These docents will be providing one-on-one training in basic computer skills, such as how to use a mouse and instructing customers in keyboard functions. This will supplement staff activities and enable our Library Information Specialists to work with library customers on such experiences as selecting a search engine, formulating a search strategy, and evaluating a web site. Time Line November 5, 1999 December 1999 January 2000 January - February 2000 January - February 2000 February - March 2000 March - April 2000 Submission of GLI application Submission of FY 2000-2001 Library Department Budget Grant approval Recruitment of Internet Docents Develop training packet for Internet Docents Design of Internet instruction for small groups Training of Internet Docents April - May 2000 April - June 2000 May 2000 Staff training in providing Internet search training to small groups Public access to the Internet begins Decision by City Council concerning FY 2000-2001 Operating Budget June 2000 July 2000 Install GLI grant equipment Initiate Oceanfront Area Library Internet,Homework/Tutoring Center Narrative 2 - Need GLI Principle: GLI's funding is targeted at those libraries serving low-income communities, where the need is the greatest and the fewest people have computers and Internet access at home. (a.) The data for the Free and Reduced School Lunch Program adequately reflects the overall level of need in the Oceanfront community. There are two elementary schools and one middle school whose students live in the neighborhoods within walking distance of the Oceanfront Library. At Cooke Elementary School 59% of the students qualify for a free or reduced school lunch, while at Seatack Elementary the number rises to 88%. The number of students attending Virginia Beach Middle School who qualify is at the 44% level. These figures paint a true portrait of the need of many of the families living in close proximity to the Oceanfront Library. Census data from 1990 indicates pockets of poverty in the neighborhoods most closely surrounding the Oceanfront Area Library. Census tract 440.02, in which the library is located, shows that 9.3% of the families are below the poverty level, while 442.01, the next contiguous census tract within a one-two mile radius, shows a 23.9% rate of poverty. (b.) These data adequately reflect the needs for information services in the Oceanfront Library. The surrounding community contains two city-identified at-risk neighborhoods: Friendship Village and Atlantis Apartments. (c.) W. T. Cooke Elementary School, Seatack Elementary School, and Virginia Beach Middle School are all within easy walking distance of the Oceanfront Library. There are sidewalks and marked crosswalks with traffic signals so that older children can come to the library on their OWI1. Seatack Recreation Center is just over the one-mile radius to the Oceanfront Library, but some transportation is available from there. This Center also is in close physical proximity to low- income neighborhoods, and conducts an extensive program for seniors. The Library's Outreach Services Division currently provides on-going library experiences at the Center. The Oceanfront Library will build upon this partnership to identify interest in public Internet access and to develop orientation and training programs responsive to the needs. Two agencies working with the homeless are also quite near. The Lighthouse, operated by the Volunteers of America in a city-oWned building, supplies daytime services to individuals. The Judeo-Christian Outreach Center provides meals and sleeping facilities. Currently, many homeless individuals use the Oceanfront Library in conjunction with these two service providers. The library will plan with representatives of these agencies to enhance its Internet access services. (d.) The Oceanfront Area Library enjoys a substantial percentage of area residents as Library card holders, with 46.2% of area resident registered as current borrowers. This portion of card holders comes mainly from middle income families. A large portion of Iow income families do not currently use the Library. (e.) The Library will feature one-on-one and small group tutoring sessions for children and adults in using the Internet. Due to the fact that the facility is conveniently located for access from low-income neighborhoods, customers will be able to get to the library easily. Narrative 3 - Partnerships GLI Principle: Funding should help build partnerships between GLI and grant recipients, between grant recipients and their communities, and within the library. Group/Agency m Partnership.:' Summer Reading Program with Seatack Elementary School Day Care Library Alert Forms from School Teachers School Cards with the Public Library Head Start Department of Parks and Recreation Take Summer Reading Program to elementary-age children at Seatack Elementary School. Children are able to participate in summer reading activities. When students come to the library for help with an assignment, Information Specialists are knowledgeable with selected materials on hand to use. School Library Media Specialists coordinate requests for public library materials. Head Start preschool classes in Virginia Beach benefit from weekly storytimes and deposit collections of picture books provided by the Library. Senior citizens and youth at the Seatack Recreation Center benefit from interacting with each other through the reading of books and participating in programs and activities associated with the Library's Intergenerational Summer Reading Club. Library's Summer Reading Program had twenty-five more participants. Library is aware of school assignments before the students arrive, allowing for prior research and the setting aside of useful materials. Public Library selects materials to loan to classroom teachers needing additional materials. Work with one individual at each school. School Cards with the Public Library The Library benefits by reaching out to a targeted community (Seatack) as well as fostering reading and use of the public library by seniors and youth. C.A.R.E. (Community Action Resource Empowerment) Youth Leadership Program YO0 (Youth Opportunities Office) Virginia Beach Public Schools, Virginia Beach Community Services Board, and the Department of Parks and Recreation Youth from targeted communities attend the C.A.R.E.'s Youth Camp each summer to develop their leadership and citizenship skills. The Virginia Beach YOO benefits from the Library's staff expertise in establishing and maintaining an inventory of community resources. In order to improve their school performance and strengthen the family unit, at- risk five year-olds will benefit from storytimes presented by the Library while their parents are in training. The Library benefits by developing relationships with the youth through the Summer Reading Club and deposit collection as well as fostering the enjoyment of books and reading. The Library benefits from YOO's knowledge of community resources for youth as well as some funding for data entry. The Library will benefit by fostering future library users through the introduction of the concept of the public library as well as the enjoyment of books and being read to. Co.) This GLI grant will provide oppommities to expand and strengthen the parmership already existing within the community. The use of the Teacher Alert Forms allows the library to anticipate the need for staff direction to students involved in Intemet searches. Programs will target various segments of the community. Working with the Department of Parks and Recreation, morning Intemet training sessions can be provided to the Seatack senior citizen group. The department has a mini-van for group excursions, and can bring interested seniors to training programs. Using contacts with the surrounding schools, an after-school Intemet tutoring program can be tailored to targeted needs. Working with the Lighthouse and the Judeo-Christian Outreach Center, sessions geared to the interests and needs of area homeless can be offered in morning programs. The Library staff can aid individuals seeking jobs and housing by designing Intemet training that focuses on these needs. Narrative 4 - Leveraeine and Sustain ability_ GLI Principle: Funding should serve as a catalyst for others - government, business, foundations, and individuals - to support the public library as an institution and to make a priority of providing broad public access to information technologies and to encourage long-term local technological and £mancial sustain ability. Actual or Planned'A/ctiiSh Request to City Council in FY 2000-2001 Budget for $4820.00 for microcomputer support services for the four public access Internet PCs. Request will be considered in March, 2000. .>%ctual or :Antm~pated Result If approVed by City Council, support for the four new PCs will be included in the Oceanfront Library Budget for FY 2000-2001. Request to City Council in FY 2000-2001 Budget for $2000.00 for four recessed workstations to hold the new Internet PCs. Request will be considered in March, 2000. If approved, furniture will be ordered in June 2000 for delivery on July 1, 2000 at the beginning of the new fiscal year. (b.) The Library will be asking, through the Departmental Budget Process, for maintenance support for the four personal computers and one printer to be received under the Gates Library Initiative grant. By this process the Library agrees to include each PC within the computer replacement/upgrade program managed by the Department of Communications and Information Technology. An annual fee of $1,080.00 includes each PC within an ongoing program of hardware and software upgrade and replacement, engineering support and network, PC and applications maintenance. Should the City Council not approve funding for this required maintenance support, the Library Department is prepared to reallocate funds to support the Gates Library Initiative public access Internet computers. Library Systems with an LSA greater than 300,000 Ineligible Library Name City Outlet Eligible (SPOV < 10%) '"7'"" ............ - ...... ~ ....................... ~-,-... (SPOV >= 10%) or UO** Vir..gtnta. Beach Publii::~brarv,,: . . , ;~-.?~ &~,, ~.,~..:~~5.. ,~; .~. : ~.~ ..... .,,,,, ........... CENTRAL LIBRARY/VIRGINIA BEACH PUBLi VIRGINIA BEACH CE [] BAYS1DE AREA LIBRARY GREAT NECK AREA LIBRARY KEMPSVILLE AREA LIBRARY LAW LIBRARY/VA BEACH MUNICIPAL REFERENCE LIBRARY/VA BEAC OCEANFRONT AREA LIBRARY PUNGO-BLACKWATER LIBRARY VA BEACH SUBREGIONAL LIBRARY WINDSOR WOODS AREA LIBRARY Virginia Beach Public Library. VIRGINIA BEACH BR VIRGINIA BEACH BR VIRGINIA BEACH BR VIRGINIA BEACH BR VIRGINIA BEACH BR V1RGINIA BEACH BR VIRGINIA BEACH BR VIRGINIA BEACH BR VIRGINIA BEACH BR Virginia Beach AO '* This libra~ received an Urban or Opportunity (UO) grant from the Gates Library. Initiative and is therefore not eligible to participate in this program. /27/99 10:29:46 AM TECHNOLOGY SURVEY FOR CENTRAL LIBRARIES Virginia Beach Public Library CENTRAL LIBRARY TECHNOLOGY SURVEY SECTION I: Address and Hours of Operation GLI Records 4100 VIRGINIA BEACH BLVD. VIRGINIA BEACH (757) 437-6450 Shippin~ address Please do not use PO Box 4100 Virginia VA 23452 Beach Blvd. Virginia Beach, VA 23452 Mailin~ address Ifdifferent Verify address and supply shipping address and mailing address, if they differ. Library Director: Phone: Fax: Email address: URL for library's website: Martha J. Sims 757-427-4321 757-427-4220 msims@city.virginia-beach. http://www.virqinia-beach ,~f~rvlces Total number of employees [rlt:): 202 Current Year total budget: $10,570,794 Number of registered borrowers: 203,455 Total circulation for last full calendar year: 2,777,075 Total population served: $439,889 Local per capita funding: $24.03 Do you track building level use statistics? [X]Yes ?3No Hours of Operation Monday Tuesday Wednesday Thursday Friday Saturday Sunday 10 ana/~ 10 arn/p~ 10 arrff~a~ 10 am/l~ 10 anV~ 10 ann/I}{~ 1 ](ta~pm 9to~-~fVpm 9 lo~]~pm 9 to~(n/pm 9 toaYs~pm ~ trx'vaYn/pm ~ to~.a~/pm 5 toa~Xpm SECTION 2: Existing Public Access Pentium PC's at Central Library Number of public access Pentium PC's (Pentium P!33 or better and a minimum of 16 MB of memory): 39 SECTION 3:Compt. ters Of the total number of computers: Number for Staff Use only: 75 Number for Public Access: 3q ] SECTION 4: Internet Connection Is the library building currently connected to the Internet? IX]Yes [-']No Is this connection shared with your branch libraries? [~]Yes [-']No What type of connection are you using? [] Dedicated line [] Dial-up connection If dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: [] ISDN [] Dedicated Point-to-Point SMDS [] Other: What is the speed of your connection? [] 56 Kb/s [] 128 Kb/s Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 What is your expected monthly ISP cost? $2,000 121 [] Frame Relay [] ADSL [] Cable Modem [] 256 Kb/s [] 512 Kb/s [] TI [] Other: Contact email: support@visi, net SECTION 5: Online Public Access Catalog (OPAC) OPAC Vendor: VTLS Operating System: Number of OPAC terminals: 25 Software: VTLS 99 Release Version: 3 [] Unix [] NT [] VMS [~ Other. please specify: Does the OPAC have a web interface? ~Yes []No TECHNOLOGY SURVEY FOR ADMINISTRATIVE OUTLETS Virginia Beach Public Library ADMINISTRATIVE OUTLET TECHNOLOGY SURVEY SECTION 1: Address and Hours of Operation Verif3' add;'ess and supply shipping address and mailing address, if they differ. GLI Records " ' Virginia Beach Public Library Municipal Center. Building 19 Virginia Beach (804) 427-4321 Shipping address ~[~°~6~E[rh~'f~e Drive Municipal Center, Bldg. 19 Vi~-glni= Beach, VA 23436 VA 23456 Mailin_,2 address If differem !Hours of Operation [ Monday Tuesday t 8:3(~ 8: 30~,w~:: i 5 Iro ~m 5 to.~prn Wednesday 8: 3Q.-~¢~. Library Director: Phone: Fax: Email address: URL for library's website: Martha J. Sims 757-427- 4321 lb t-421-4220 msims@city, virginia-beach http://www, virginia-beach Total number of employees (FTE): ~ Current Year total budget: $10,570. 794 Number of registered borrowers: 203,455 Total circulation for last full calendar year: 2,777,075 Total population served: $439,889 Local per capita funding: $24.03 Do you track building level use statistics? []Yes ['-lNo Thursday Friday 8: 30~m/~ 8: 3ChmY~n 5 t e.¥~[g p m ~ Io ~pm Saturday Sunday am/pm am/pm to am/pm to am/pm SECTION 4: Internet Connection Is the building currently connected to the Internet? ~l-~AYes []}~No Is this connection shared with your branch libraries? [~Yes ~No If this administrative outlet does not share lnternet access with the system's library buildings, skip the following questions: What type of connection are you using? ~t: Dedicated line [] Dial-up connection If dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: [] ISDN ['-] Dedicated Point-to-Point [] Other: SMDS What is the speed of your connection? ~ 56 Kb/s [] 128 Kb/s Who is .'.'our Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 What is your expected monthly ISP cost? 9 Frame Relay [] ADSL [] Cable Modem [] 256 Kb/s [] 512 Kb/s ~ TI 7-'] Other: Contact email: support@visi, net SECTION 5: Online Public Access Catalog (OPAC) OPAC Vendor: VTL$ Operating System: Number of OPAC terminals: 0 Software: VTLS 99 [~ Unix Release Version: 3 [] VMS ~ NT Does the OPAC have a web interface? ~"Yes [] Other. please specily: [~]No TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - VA BEACH SUBREGIONAL LIBRARY SECTION 1: Address and Hours of Operation Verify address and supply shipping address and mailing address, if they differ. GLI Records ' . 930 INDEPENDENCE BLVD VIRGINIA BEACH (757) 464-9175 Shipping address: Please do not use PO Box 930 Independence Blvd. VA 23455 Virginia Beach, VA 23455 .,Mailin~ address If different Branch Hours of Operation Monday 8: 30 am/01~x to 5 a~m Tuesday Wednesday 8: 30 am/p~(Qf to 5 a~m Thursday 8: 30 XX 5 am/pm to a~m Friday 8: 30 am/p~ to 5 a~[pm Saturday ~ am/pm to ~ am/pm Sunday ~ am/pm to ~ am/pm SECTION 2: Existing Public Access Pentium PC's at Branch Library Number of public access Pentium PC's (Pentium P133 or better and a minimum of 16 MB of memory): SECTION 3:Computers Of the total number of computers: Number for Staff Use only: Number for Public Access: 1 SECTION 4: Internet Connection Is the library building currently connected to the Internet? [-XlYes [~No Is this connection coming from the Central Library? [XlYes []No What type of connection are you using? [] Dedicated line [] Dial-up connection If dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: [] ISDN [] Dedicated Point-to-Point [~ Other: SblDS What is the speed of your connection? [] 56 Kb/s [] 128 Kb/s 'f you do not get your lnternet connection from your Central librata,: Who is your Internet Service Provider (ISP) ¥ISINET Who is your contact at the ISP? Jeremy Hinton 7 [] Frame Relay [] ADSL Contact phone: 757-873-4500 [] 256 Kb/s [] 512 Kb/s [] T1 [] Other: Contact email: support@visi, net Expected monthly ISP cost [] Cable Modem ;ECTION 5: Online Public Access Catalog (OPAC) OPAC Vendor: Answer only if different frorn your central library. Software: Release Version: Operating System: [] Unix ~ NT [] VMS [] Other. please specify: Number of OPAC terminals: 1 Does the OPAC have a web interface? []Yes []No TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - BA YSIDE AREA LIBRARY SECTION 1: Address and Hours of Operation Verif3' address and supply shipping address and mailing address, if they differ. GLI Records ~ - 936 INDEPENDENCE BLVD. VIRGINIA BEACH (757) 460-7518 Shipping address: Please do not use PO Box 936 Independence Blvd. VA 23455 Virginia Beach, VA 23455 !Mailing: address If different B_ranch Hours of Operation Monday 10 9 .. ana/[~[ to ~ ~prn Tuesday 10 am/~{t~ to 9 ~pm Wednesday 10 am/~e~ to 9 ~tprn Thursday 10 arrff~[ to 9 ~tpm Friday 10 ana/i~ to 9 ~pm Saturday 10 arrff~ to 5 ~t~pm Sunday ~ am/pm to ~ am/pm SECTION 2: Existing Public Access Pentium PC's at Branch Library Number of public access Pentium PC's (Pentium P t 33 or better and a minimum of 16 MB of memory): SECTION 3:Computers Of the total number of computers: Number for Staff Use only: 10 Number for Public Access: SECTION 4: Internet Connection Is the library building currently connected to the Internet? K_~Yes ,~lNo Is this connection coming from the Central Library? l~Yes I--]No What type of connection are you using? ~ Dedicated line [] Dial-up connection If dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: ~ ISDN [] Dedicated Point-to-Point ~ Other: SMDS What is the speed of your connection? ~ 56 Kb/s ~ 128 Kb/s ~f )'ou do not get your Internet connection from your Central library.: Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 21 [] Frame Relay [] ADSL [] Cable Modem [] 256 Kb/s ~ 5t2 Kb/s X-~ TI [] Other: Contact email: support@visi.net Expected monthly ISP cost ~,ECTION 5: Online Public Access Catalog (OPAC) ()PAC Vendor: VTLS Operating System: Answer only if different from your central library Number of OPAC terminals: 8 Software: VTLS 99 [] Unix Release Version: 3 ~ VMS []NT [] Other. please specify: Does the OPAC have a web interface? [--]Yes [--]No I TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - KEMPSVILLE AREA LIBRARY SECTION h Address and Hours of Operation Verify address and sul,ply shipping address and mailing address, if they differ. .GLI Record~ 832 KEMPSVILLE RD. VIRGINIA BEACH (757) 474-8406 Shi in address: ~ff~ al~q:~xl e Rd. ~ Vi~gli-&a Be=cf,, YA 23464 Mailing address If different VA 23464 Branch Hours of Operation Monday 10 am~ to 9 Ys~pm Tuesday 10 an~ to . 9 Y~/pm Wednesday 10 a~pm to 9 Y~'~/pm Thursday 10 an~ to 9 Yl~pm Friday 10 an~ to 9 Saturday 10 am~ to 5 7s~prn Sunday 1 am~ to 5 ~pm SECTION 2: Existing Public Access Pentium PC's at Branch Library .Number of public access Pentium PC's (Pentium P133 or better and a minimum of 16 MB of memory): 24 SECTION 3:Computers the total number of computers: Number for Staff Use only: Number for Public Access: gECTION 4: Internet Connection s the library building currently connected to the Internet? ~]Yes ['-]No Is this connection coming from the Central Library? X'~Yes ['-lNo 3/'hat type of connection are you using? ~] Dedicated line [] Dial-up connection fdedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: ~ ISDN [] Dedicated Point-to-Point [] Other: SMD~ What is the speed of your connection? [] 56 Kb/s [] 128 Kb/s .Cyou do not get your lnternet connection from your Central library: Who is your Internet Service Provider (ISP) VISINET Who is 3'our contact at the ISP? 45 [] Frame Relay [] ADSL Contact phone: 757-/373-4500 1--1256 Kb/s [--] 512 Kb/s [~T1 [--]Other:.. Jeremy Hinton Contact emaih support@visi.net Expected monthly ISP cost [] Cable Modem ECTION 5: Online Public Access Catalog (OPAC) )PAC Vendor: VTLS Operating System: Answer only if different from your central library Number of OPAC terminals: 24 ;oftware: VTLS 99 [] Unix ~,elease Version: 3 ~ VMS [~NT Other, please specify: Does the OPAC have a web interface? []Yes []No TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - GREAT NECK AREA LIBRARY SECTION 1: Address and Hours of Operation Verify address and supply shipping address and mailing address, if they differ. ..GLI Records '.... 1251 BAYNE DR. VIRGINIA BEACH (757) 496-6868 Shipping address: ~'~_~ ao no,,,,, ~'o 1 Bayne Drive VA 23454 Virginia Beach, VA 23454 Mailing address I/different Branch Hours of Operation Monday 10 am/~f.g to 9 ~pm Tuesday ... 10 am/~ ,o 9 ~pm Wednesday 10 arro'~ to _. 9 ~pm Thursday 10 ana/~~[ to ~ ~pm Friday 10 a m/~f~ to 9 ~pm Saturday _ 10 arn~pm to 5 a~pm Sunday ~ am/pm to ~ am/pm SECTION 2: Existing Public Access Pentium PC's at Branch Library Number of public access Pentium PC's (Pentium P133 or better and a minimum of 16 MB of memory): 12 SECTION 3:Computers 3f the total number of computers: Number for Staff Use only: TI Number for Public ACcess: ~ ~ECTION 4: Internet Connection s the library building currently connected to the Internet? [~Yes {~]No Is this connection coming from the Central Library? ~Yes [~]No /ghat type of connection are you using? ~ Dedicated line [] Dial-up connection £dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: [] ISDN [] Dedicated Point-to-Point [] Frame Relay [~ Other: SMDS What is the speed of your connection? [] 56 Kb/s [] 128 Kb/s [] 256 Kb/s r you do not get your Internet connection from 3'our Central library: Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 Contact emaiI: [] 512 Kb/s [] T1 [] ADSL [] Other: su_~t@visi, net Expected monthly ISP cost [] Cable Modem ECTION 5: Online Public Access Catalog (OPAC) )PAC Vendor: VI'LB Operating System: Answer only if different from your central library Number of OPAC terminals: 8 ;oftware: VTLS 99 [] Unix ~elease Version: 3 '~ VNIS [] NT [] Other. please specify: Does the OPAC have a web interface? iX-lYes [--1No TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - LAWLIBRARY/VA BEACH SECTION 1: Address and Hours of Operation Verify address and supply shipping address and mailing address, if they differ. GLI Records ' . 2305 Judicial BIvd VIRGINIA BEACH (757) 427-4419 Shipping address: Please da not use PO Box 2305 Judicial Blvd. VA 23456 Court Support Bldg., 10B, Judicial Center Virginia Beach, VA 23456 Branch Hours of Operation Monday 8: 30 am/~ to 5 Y~'qpm Tuesday 8: 30 am~pm to 5 ~prn Wednesday 8: 30 am~pm to 5 ¥~/pm Thursday 8: 30 am~ to 5 ~/pm Friday 8: 30 arr~ to 5 ~pm Saturday am/pm to ~ am/pm Mailing address If different Sunday am/pm to am/pm gECTION 2: Existing Public Access Pentium PC's at Branch Library Wumber of public access Pentium PC's (Pentium P133 or better and a minimum of 16 MB of memory): ~ECTION 3:Computers )f the total number of computers: Number for Staff Use only: Number for Public Access: ;ECTION 4: Internet Connection s the library building currently connected to the Internet? [2K~Yes []No Is this connection coming from the Central Library? [~Yes []No Vhat type of connection are you using? I~ Dedicated line [] Dial-up connection fdedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: t_: ISDN [] Dedicated Point-to-Point [] Frame Relay ~ Other: SMDS What is the speed of your connection? ~ 56 Kb/s [] 128 Kb/s r )'ou do riot get your Internet connection from your Central library: Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton 5 [] ADSL Contact phone: 757-873-4500 [] 256 Kb/s [] 512 Kb/s [] T1 [] Other: Contact email: support(avisi, net Expected monthly ISP cost [] Cable Modem ECTION 5: Online Public Access Catalog (OPAC) )PAC Vendor:. VTLS Operating System: Answer only if different from your central library Number of OPAC terminals: 1 ;oftware: VTLS 99 [-5 Unix {elease Version: 3 ~ VMS [] NT Does the OPAC have a web interface? []Yes []No [] Other. please specify: TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY. MUNICIPAL REFERENCE LIBRARY/VA BEACH SECTION 1: Address and Hours of Operation Verif3' address and supply shipping address and mailing address, if they differ. GLI Records ' MUNICIPAL CENTER 2425 Princess Anne Rd VIRGINIA BEACH VA 23456 (757) 427-4644 Shipping address: Please do not use PO Box Muncipal Center, Bldg. 17 2425 Princess Anne Road Virginia Beach, VA 23456 Mailine address If different Branch Hours of Operation Monday 9: O0 a~ to 5.,: 00 X~pm Tuesday 9: 00 an~ to 5: 00 X..tv~pm Wednesday 9: 00 am/l~ to 5: 00 X~prn Thursday 9: 00 anV~ to 1: 00 X~pm Friday 9:00 arrffl~ to 5:00 Xa~prn Saturday ~ am/pm to ~ am/pm Sunday ~ am/pm to ~ am/pm SECTION 2: Existing Public Access Pentium PC's at Branch Library Number of public access Pentium PC's (Pentium P133 or better and a minimum of 16 MB of memory): 2 SECTION 3:Computers Of the total number of computers: Number for Staff Use only: 4 Number for Public Access: SECTION 4: Internet Connection Is the library building currently connected to the Internet? aYes [~No Is this connection confing from the Central Library? {X1Yes 5'-~No What type of connection are you using? ~. Dedicated line [--] Dial-up connection If dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: ~ ISDN [] Dedicated Point-to-Point [X~ Other: SMDS What is the speed of your connection? ~ 56 Kb/s ~ 128 Kb/s 'f you do ,tot get your Internet connection from your Central library: Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 6 Frame Relay [] ADSL 256 Kb/s ~ 512 Kb/s .~ TI [-1 Other: Contact email: support@visi, net Expected monthly ISP cost [] Cable Modem CECTION 5: Online Public Access Catalog (OPAC) OPAC Vendor: VTLS Operating System: Answer only if different from your central library Number of OPAC terminals: 1 Software: VTLS 99 ~ Unix Release Version: 3 f-'5 VMS [~NT [] Other. please specify: Does the OPAC have a web interface? [XlYes ~]No TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - OCEANFRONT AREA LIBRARY SECTION 1: Address and Hours of 0 ~eration t{~1}i~o ~ ,,. TECHNOLOGY SURVEY FOR BRANCH LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - OCEANFRONT AREA LIBRARY SECTION 1: Address and Hours of Operation Verify address and supply shipping address and mailing address, if they differ. GLI Records . 1811 ARCTIC AVE. VIRGINIA BEACH (757) 437-4821 Shipping address: Please do not use PO Box 1811 Arctic Avenue VA 23451 ,,, ¥ir~inia Beach, VA 23451 Mailing address If different ~ECTION 2: Existing Public Access Pentium PC's at Branch Library ..Branch Hours of Operation Monday 10 am~ to 9 ~pm Tuesday i0 am~ ,o 9 Yd~pm Wednesday 10 am/~ to 9 ~pm Thursday 10 an~ to 9 Friday 10 am/~ to 5 ~,'pm Saturday 10 am/~pm to 5 aX~pm Sunday ~ ama'pm to ~ am/pm Slumber of public access Pentium PC's (Pentium P 133 or better and a minimum of 16 MB of memory): 11 ~ECTION 3:Computers )f the total number of computers: Number for Staff Use only: 7 Number for Public Access: 1.1. 3ECTION 4: Internet Connection s the library building currently connected to the Internet? [XlYes [--]No Is this connection coming from the Central Library? ~k']Yes []No Yhat type of connection are you using? [] Dedicated line [] Dial-up connection fdedicated connection: How many computers share this bui]ding's dedicated Internet connection? Method used to make the connection: [~ ISDN [] Dedicated Point-to-Point [] Other: SMDS What is the speed of your connection? [] 56 Kb/s [] 128 Kb/s [] 256 Kb/s [] 512 Kb/s f you do not get your Internet connection from your Central library: Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 Contact email: support@visi.net 18 [] Frame Relay [] ADSL ~ T1 [] Other:.. [] Cable Modem Expected monthly ISP cost ;ECTION 5: Online Public Access Catalog (OPAC) 3PAC Vendor: VTL$ Operating System: Answer only if different from your central library Number of OPAC terminals: 7 :,oftware: VTSS 99 [] Unix 2elease Version: 3 [] VMS ,~ NT [] Other. please specify: Does the OPAC have a web interface? {-~Yes [--']No TECHNOLOGY SURVEY FOR BRANCH LIBRARIES ¢'irginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - PUNGO.BLAChqVATER LIBRARY ;ECTION 1: Address and Hours of Operation Verify address and supply shipping address and mailing address, if they differ. GLI Records ,)22 PRINCESS ANNE ROAD VIRGINIA BEACH '757) 426-5194 5hipping address: Please do not use PO Box 922 Princess Anne Road VA 23457 Virqinia Beach, VA 23457 failing address If different Branch Hours of Operation Monday Tuesday Wednesday Thursday Friday Saturday Sunday ECTION 2: Existing Public Access Pentium PC's at Branch Library :umber of public access Pentium PC's (Pentium P 133 or better and a minimum of 16 NIB of memory): 4 ECTION 3:Computers f the total number of computers: Number for Staff Use only: > Number for Public Access: ECTION 4: Internet Connection the library building currently connected to the Internet? []Yes V'~No Is this connection coming from the Central Library? ~}Yes ~No ;hat type of connection are you using? [] Dedicated line {--I Dial-up connection 'dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the: connection: [] ISDN [] Dedicated Point-to-Point ~ Frame Relay [] 256 Kb/s [-} 512 Kb/s VISINET Jeremy Hinton 9 ~ ADSL ~ Cable Modem g~ Other: SMDS What is the speed of your connection? {--] 56 Kb/s [-] 128 Kb/s ~tl T1 you do not get 3'our Internet connection front 3'our Central library: Who is your Internet Service Provider (ISP) Who is your contact at the ISP? Contact phone: 757-873-4500 Contact email: SUlpport.@visi .net Expected monthly ISP cost 7-CTION 5: Online Public Access Catalog (OPAC) Answer only if different from your central library [] Other: IPAC Vendor: VTLS Operating System: oftware: VTLS 99 ~ Unix [] NT elease Version: 3 ~--J VlVlS {--] Other. please specify: Number of OPAC terminals: 2 Does the OPAC have a web interface? [~Yes [--]No TECHNOLOGY SURVEY FOR BRANCII LIBRARIES Virginia Beach Public Library BRANCH LIBRARY TECHNOLOGY SURVEY - WINDSOR WOODS AREA LIBRARY SECTION 1: Address and Hours of Operation Verify address and supply shipping address and mailing address, if they differ. GLI Records ~ 3612 S. VIRGINIA BEACH (757) 340-1043 Shipt>ine address: Pleaze do not use PO Box 3612 S. Plaza Trail Plaza Trail VA 23452 Virginia Beach, VA 23452 Mailing address Ifdifferent Branch Hours of Operation Monday 10 an~n ,o 9 aY*If, pm Tuesday 10 an~ ,o 9 a~m Wednesday 10 an~ to 9 ~t6Xp rn Thursday 10 arr~9~n to 9 a~m Friday 10 am~pm to 5 aX~pm Saturday 10 5 ~ am/pm to __ am/pm Sunday ~ am/pm to ~ am/pm SECTION 2: Existing Public Access Pentium PC's at Branch Library Number of public access Pentium PC's (Pentium P133 or better and a minimum of 16 MB of memory): 14 SECTION 3:Computers Of the total number of computers: Number for Staff Use only: .1.2 Number for Public Access: ~ECTION 4: lnternet Connection Is the library building currently connected to the Internet? [~Yes []No Is this connection coming from the Central Library? ~[Yes ['-}No What type of connection are you using? ~5 Dedicated line [] Dial-up connection 'f dedicated connection: How many computers share this building's dedicated Internet connection? Method used to make the connection: [] ISDN [] Dedicated Point-to-Point [] Frame Relay ~ Other: Lqm3,q What is the speed of your connection? [] 56 Kb/s [] 128 Kb/s [] 256 Kb/s ~ 512 Kb/s [~ T1 '[you do not get your Internet connection from your Central library: Who is your Internet Service Provider (ISP) VISINET Who is your contact at the ISP? Jeremy Hinton Contact phone: 757-873-4500 Contact email: .support@visi.net: 26 [] ADSL [] Cable Modem [] Other: Expected monthly ISP cost ;ECTION 5: Online Public Access Catalog (OPAC) OPAC Vendor: VTLS Operating System: Answer only if different frotn your central library Number of OPAC terminals: 10 %ftware: VTLS 99 [] Unix Release Version: 3 [] VMS {~NT [] Other. please specify: Does the OPAC have a web interface? ~[]Yes g-]No Virginia Budget Summaries " '~. '" ~-' '.'~:' '' .~ __ ' . ~';- - .: '- ',"i ;"., Return one copy of the Budget Summary with your completed Application for Eligible Buildings Grant. In doing so, you are certifying that grant funds will be spent in 0nly those libraries and in the amounts listed. Library Name Outlet type pcs' Printer Cost OCEANFRONT AREA LIBRARY BR 4 1 $10,550.00 System Total 4 1 $10,550.00 Friday. October 0l. 1999 Projected Project Expenses Section 1 Expenses Covered through Gates Library. Initiative Grant Fund- Ha_,xivaxe/P~h~ Total Request for all Buildings in your Library I [ (attach grant request tables for each eligible building) 10,550 Gates Library Initiative SUBTOTAL: [ 10,550 [ Expenses Covered'by the Library_ System Staff (% of time X salaxy fo~ six months) - Total of the next 3 lines below * Portion of Staff that is Administrative Support * Portion of Staff that is Technical Support * Portion of Staff that is Training Coordination Support Construction/remodeling expenses (estimated) Mat~riuts (fliexs, fact sheets, supplies, etc.) Furniture Ongoing telecommunication costs Cmclude first year of operation) Non-grant provided hardware Software not projected to be included in grant Other (please provide explanation) SUBTOTAL: -% 004 * 1,296 * 148 * 2,160 3,350 6,954 J.O, b50 ] Gates Library Initiative Subtotal (Insert GLI Subtotal from above) Expected Project TOTAL (not including Microsoft software value): $17,504 Projected Ongoing Annual Expenses Secdon 2 (Please use the Budgeting Issues section of the Grant Making Guidelines Booklet to complete this section) Expense Annual Cost Staff Haxdw~e Replacement/Repair (assume 20% of initial total cost per Avmual ongoing telecommunications expenses Other ongoing expenses: paper, toner, etc. TOTAL projected ongoing annual expenses no additional'cost $ 4,320 no additional cost $ 500 $ 4,820 TECHNOLOGY PLAN VIRGINIA BEACH PUBLIC LIBRARY Goal Statement The Virginia Beach Public Library enables its customers to learn about, experience and adapt to new electronic information technologies while using those technologies to meet changing personal, family, social and business needs. The Library seeks participation in an electronically networked world in which information is abundant and critical evaluation and use of that information is a key life skill. Application of electronic information technologies will directly address two "Destination Points" identified by City Council as crucial to the City of Virginia Beach: Economic Vitality: Expanding job opportunities and the business tax base. Quality Education and Lifelong Leam/ng The Library is committed to supporting its traditional print customers as we develop new services for those cdstomers using electronic telecommunications. Chosen strategies will address both the information needs of our customers and the needs of our employees for the tools, time and development oppommities necessary to respond to those services. Technology is not an outcome; technology is a tool to be used by our employees to customize service responses for our citizens. Core strategies that support this Plan include: Incorporate citizen and employee dialogue into our policy making and our long range planning. Establish positive, collaborative relationships with public and private groups to achieve our desired outcomes, rather than building solutions in isolation. Remove barriers to equal opportunity and universal access to electronic information throughout the community. Enlarge the resources available to the Community. Take a quality approach to all that we do, and look to the Community to define that quality. Activities planned for Fiscal Year 1999-2000 include: Develop the network infrastructure that will migrate the Library from a terminal-based, central host system to a distributed information network capable of supporting Web- based services on the Intemet. * Convert all customer terminals and staff workstations to NT client workstations. · Assure Year 2000 compliance for the hardware and software supporting the Library's OPAC and throughout the Library. · Migrate from an existing VTLS bibliographic and inventory control system {o a n~'~" ~'' integrated library system. · Deliver staff development training for all employees to support opening of public access to the Interact in the Library and migration to the client-server system. · Develop partnerships with the City of Virginia Beach Department of Inforrnation Technology that outline respective roles and responsibilities for hardware and software maintenance, network engineering and network security. · Develop partnerships with Youth Opportunity Office and Information Center of Hampton Roads to provide and maintain community information electronically. Professional Development The Library will provide adequate staff training on new systems and electronic resources. Professional development is essential to the Library's mission in providing service to its customers and promoting a learning environment with/n its organization. The Library will allocate sufficient time and money toward professional development to assure that it is technically competent to manage its networked resources, confident and skilled in guiding its customers in their use of electronic information and the Internet, and resourceful in adapting its services to new technological opportunities. It will take advantage of training oppommities offered by The Library of Virginia and other organizations. FY 1999-2000 professional development activities include: Basic Internet Skills: Half-day training for each Library staff member. Internet Search Skills: Half-day training for each Library staff member. All StaffTraining Day focusing on "Change Management" and the Library's plan to provide public access to the Interact: Full day. Vendor-sponsored technical training: Technical, circulation, information, administrative and management staff. Network design and maintenance: Technical staff. Applications training: Technical staff. Web design and development: Web Management Group. Evaluating Consumer Health Interact sites in collaboration xvith Eastern Virginia Medical School: Information and Collection Management staff. Assessment of Telecommunication Needs The Library's current invento~ of hardware and associated applications is described in the attached "Year 2000 Inventory and Analysis Sheet." The Library plans to invest in the following technologies to support its planning activities for FY 2 1999-2000: · New integrated library system. · Network cabling infrastructure design and installation. .: · Consultation and engineering for security and workstation configuration.~ ..... · Y2K preparation for the existing HP/VTLS online catalog and inventory control system. Budget _FY 1999-2000 Resources Management Pla,, Integrated library system Electronic information data bases PC Replacement Program-Department of Information Technology: supported through annual budgeted fee per PC $1,300,000 $ 83,755 City ofVir 'nia Beach Y2K Continenc Plan Y2K Readiness for HP/VTLS System $ 120,000 (est.) Evaluation The Technology Plan will be reviewed and revised annually under the leadership of the Computer Systems Manager (Systems Analyst Ill). Success will be measured through a checklist of completed activities and through the observation of selected indicators. Sample indicators include: Service agreements with the Department of Information Technology create understandable, accountable roles and responsibilities for both departments. Technical staff feel competent to install and operate the hardware and sofb, vare associated with the migration to the new integrated library system. The Library's hardware and software are prepared for the Year 2000, and it has a contingency plan to guide actions to respond to instances of non-compliance. Information and circulation staff feel competent to deliver quality public service using the new integrated library system. The Library exhibits the capacity to learn from customer suggestions about public access to the Internet and to adapt its policies as it learns. BILL&MELINDA GATES January 14, 2000 Ms. Martha Sims Virginia Beach Public Library 2416 Courthouse Drive Virginia Beach, VA 23456 Dear Ms. Sims, The Bill & Melinda Gates Foundation is pleased to provide a grant of S35,650 to the Virginia Beach Public Library, Grant Number VA-98-23456-00-A, to provide funds for a regional training lab, as a resource for librarian and patron training in computer management and applications and for patron access to computers and the Internet. This current donation is intended to provide funding for expenditures as detailed in the attached budget for the training lab at the Virginia Beach Public Library, and as detailed in the goals listed below. Goals To provide a training lab to be used for training public librarians. To provide a lasting infrastructure, for ongoing training opportunities. To provide a training lab which can be used by the recipient library, and the State Library. To provide a training lab which the recipient library can use for patron training and local staff development. Enclosed in this package is: Grant Agreement: Please acknowledge your receipt of this letter and acceptance of the terms in the attached grant agreement, bv returning an original signed copy of the agreement bv February 2"~ to: Bill & Melinda Gates Foundation Attn: Maureen Whitmore PO Box 23350 Seattle, WA 98102 PO Box' 23350 )feartle. Washiagron 206.709.3100 206. ?09.3 180 January 14, 2000 Page 2 In all future correspondence related to this agreement, please refer to the Grant Number below. Upon receipt of the signed agreement, the Foundation will provide you with a packet of ordering information. This packet will include your authorized purchase order for ordering equipment from Gateway, and additional training information. You will also receive the granted software packages in the early spring for your granted equipment. Please note that some of the software titles may have changed due to our licensing agreements. As noted in the Agreement, the grant funds must be spent by June 30, 2000. After this date, the Foundation will mail a verification expenditure form for you to fill out verifying that all of the funds were spent for the purpose of the grant. · Detailed Budget: This grant is intended to provide funding for expenditures as detailed in the attached Grant Summary Table. Grant Check: Enclosed is a check for funding for the project, however this check will not be valid unless the signed agreement is returned to the Foundation by February 2nd. If there are any problems meeting that deadline, please contact me at (206) 709-3210. Thank you very much for the your excellent commitment to our mutual goal of expanding access to computers and digital information. The Foundation recognizes and appreciates the important financial and personnel commitment that the Virginia Beach Public Library is making in support of this project. We look forward to working closely with you in the near future to provide expanded access to computers and the Internet to patrons and to provide improved training capabilities in your library system. Sincerely, Tom Mayer U.S. Library Program Manager cc: Richard Akeroyd Craig Arnold Kim Wilson Valisa Smith Maureen Whitmore Grant Number: VA-98-23456-00-A BILL MELiNDA GATES GRANT AGREEMENT between THE BILL & MELINDA GATES FOUNDATION and the Virginia Beach Public Library Grant Number VA-98-23456-00-A This Agreement is by and between the grantor, the Bill & Melinda Gates Foundation ("the Foundation"), and the grantee, the Virginia Beach Public Library, a Governmental Agency, with respect to Grant Number VA-98-23456-00-A. Purpose of the Grant The purpose of this grant is to provide services in support of the Foundation's charitable activities by: Providing resources for a regional training lab at the Virginia Beach Public Library, with the aim of providing ongoing training for librarians and patrons in the state in computer management and applications, and to provide computer and lnternet access for library patrons. Terms and Conditions of the Agreement The terms and conditions of this Agreement are as follows: 1) The total amount of the grant is $35,650. 2) 3) 4) The grant period shall be for a term commencing upon the execution of this Agreement and terminating on June 30, 2000. The grantee agrees that the grant funds will be used in accordance with the budget attached to this Agreement. All of the grant funds are to be used for, and only for, the purpose of the grant as described above. Internet connectivity is a requirement of the grant for the awarded equipment. 5) If there are any left over funds after the budgeted items have been purchased, they may be reallocated as long as the funds are spent for the purpose of the grant. Items for which these excess funds might be used include additional computers, accessories, supplies (such as toner cartridges and disks), software, and related books and training materials. In addition, the use of any reallocated funds is restricted to the specific library buildings identified in the attached budgets. Grant Number VA-98-23456-00-A 6) 7) 8) 9) 10) The grantee agrees to furnish periodic reports to the President of the Foundation as to the expenditure of grant funds in accordance with the budget and a final report upon expiration of the grant period, or exhaustion of the grant funds, whichever first occurs. The grantee agrees to keep its financial and other records so that they adequately show the use of the grant funds exclusively for the grant's purposes, and to make its books and records available to the Foundation at reasonable times. The grantee agrees that records of receipts and expenditures under the grant, and copies of reports submitted to the Foundation will be retained by the grantee for a period of at least four years following the completion of such receipts and expenditures, and will be provided to the Foundation upon its written request. The grantee will ensure that the training facility will have access to the Internet for the purpose of training librarians in the use of the Intemet, as well as for public access use when the lab is not being used for training. The grantee agrees that in accepting these funds to enhance technology in the library and to help bridge the digital divide, that you also agree to being evaluated by the Foundation on your efforts with respect to at least the following: identifying your library system's outreach, sustainability, training and cumculum, networking, and efforts to bridge the digital divide. The parties hereby agree to the terms and conditions of the grant as recited above. THE BILL & MELINDA GATES FOUNDATION Dated January 14, 2000 Mayer, l~.S~ibrary Pro'am Manager Dated (GRANTEE) Please Print Name and Title Grant Number VA-98-23456-00-A Lab Grant Summary Virl~inia Beach Puhlic Library Virginia Beach Public Li AO $2300 PC $4500 Server $4500 Presentation Device $1350 Printer for three(3) or more workstations $750 Printer for one(l) or two(2) workstations Presentation I 1 Servers I 1 PCs 11 11 Printers I 1 Total $35,650.00 $35,650.00 Wednesday. January' 05, 2000 Page 44 of 45 GATES LIBRARY INITIATIVE Accelerated Grant Program for Large Libraries Application for Supplemental Training Lab Grant (for library systems with an LSA of more than 300K) From the Virginia Beach Public Library (Name of Library) 11-05-99 (Date Submitted) Contact Information Primary contact for this Supplemental Grant Application: Name: John D. Stewart Address: 2416 Courthouse Drive Bldg. 19, Municipal Center City, State, Zip: Virginia Beach, VA 23456 Phone: 757-427-4321 Fax: 757-427-4220 Email: jst~wart@ci ry. virginia-beach, va. us Intended Lab Location: Name of Eligible Building: Address: Building Level Contact: Phone: Fax: Email: Central Library 4100 Virginia Beach Blvd. Virginia Beach, VA 23452 Carolyn Barkley 757-427-3750 757-431-3018 cbarkley@city.virginia-beach.va.us Supplemental Grant Applicant Certification Purpose The purpose of this Supplemental Grant Application is to provide the libraries of the State of Tennessee with state-of-the-art training facilities, that are located in larger library systems, and able to be used as a statew/de resource through mutual support and cooperation. E//~'b/h'ty- Standa~ To be eligible to receive this Supplemental Grant to host a Training Lab,'a library must be recognized by the State Library Agency as a public library, open to public use acting as a public library (not as an admin/s~e facility), and be willing to corem_it to the use of the Lab for cooperative statewide technology training programs. In ranking this application, we certify that if the supplemental grant is approved: 1. The grant funds will be an incremental increase to other current and anticipated library funding and will not replace previously budgeted items. 2. This application is complete and represents the needs of this community. This library system meets the above eligibility standard for Gates Librar7 Initiative funding. 3. All good faith efforts will be made to sustain the Training Lab capability established by this grant. _Suc,h ef:o~r~,, will be aime. d at assmSng that all computers and peripheral equipment ~re Kept rally operational and appropriately supplied. Also, every effort will be made to assure adequate public funding from state and local sources for the proper maintenance and eventuzl replacement of the equipment provided by this grant The applicant understands rh=t grants will be made only to public libraries that provide unmed/ated access to computers for public use, and wiil operate and administer the computers and Intemet access without charges or fees to library patrons. .I-ibrarySystem Virginia Beach Public Library Library Director: Mayor: Name Martha J. Sims Date ./5/~-W/,//5/? / '~ Library Board Chai%7..)~' · , , ',.~ [/ /,./ 'r '- ' Appropriate State Official: Name Nolan T Yelich L~bca~Laf~ of Vi~n~ lltlc ,// /-/ ---.--.- Date . ../../'_'...~: ~// GATES LIBRARY INITIATIVE SUPPLEMENTAL TRAINING LAB GRANT PROPOSAL Project Narratives and Commitments Virginia Beach (VA) Public Library November 5, 1999 Lab Objective #1: Library Staff Training The Virginia Beach Public Library is committed to career-long learning for its staff. The Library has begun the process of skills training to support Internet access by its customers. Both introductory and advanced Internet and Web searching skills workshops have been completed for all staff members. The two workshops taught the library an important lesson: the availability of readily scheduled computer lab seats is essential to its capacity to provide regular and continuing training in Internet skills. The Library envisions three parallel training tracks: · Self-directed experimentation with Internet search strategies, Web site familiarity, etc. scheduled as a regular part of each workday. · Programmed instruction in Web sites, search engines and electronic resources designed and administered by its Internet Training Group and conducted monthly in the respective library agencies. · Training workshops that assure that all new and current staff share a common set of knowledge and skills about the Internet, Web searching and electronic resources. The Training Lab Grant speaks directly to this third level of planned training. Training lab seats in Virginia Beach are limited in number and therefore competitive to fill. The City of Virginia Beach Public Schools' Adult Learning Center, adjacent to the Virginia Beach Central Library, provides one of the available labs. Other labs are operated by Tidewater Community College and by private training companies in the area. Seats in these labs usually require a fee and are difficult to schedule. The situation is made more critical by the Library's plan to offer the training on a regular basis. The Training Lab Grant will provide seats that the Library can easily and regularly schedule. The Library plans to locate the lab in its Central Library (4100 Virginia Beach Boulevard, 23452). The Central Library is in the geographic and population center of the City, is convenient to members in all of the surrounding area libraries, is located along public transportation routes and is already the site of a Public Access Computer Room. The Public Access Computer Room is staffed by one full-time and two part-time Computer Room Assistants. Their primary job is to assist the public in the use of standard office and desktop publishing sofb,vare applications. They provide one-on-one training and technical assistance to the customers who reserve time on one of the PC's in this room. They also maintain the hardware and provide upgrades, troubleshooting and other services as needed. In addition, the Library's single public Internet access PC, obtained through a grant from the local PBS station, is located in this room. The addition of the PC's provided by the Training Lab Grant will increase public access points in the lab by 10, for a total of 15. The service provided will change substantially. The room will provide four types of service: Scheduled training for staff in Internet and electronic resource use. Scheduled training for the public in Internet and electronic resource use as well as basic computer skills. Unmediated use of the Internet, library catalog, and electronic resources by customers during the time that formal classes are not in progress. Access to office and desktop publishing sofb,vare applications on some or all PC's. The additional PC seats and a careful balance of all services will meet the anticipated needs of library customers. Staffknowledge, skills, and abilities will also change. Job titles will reflect a balance betxveen the more technical aspects of software use and hardware support and those that incorporate the more traditional reference and information needs of the customers. One-on-one training and assistance will continue to be vital to the success of the customers' experience. The Library believes in team approaches. This philosophy will guide the selection of individuals responsible for Lab oversight and staff training. · Nick May, Systems Analyst III (Computer Systems Manager): responsible for hardware, software and network support for the Lab. · Pat Cook, Information Services Librarian, Central Library: Team Leader, Internet Training Group, responsible for planning and delivery of member training on access tools and the Internet. Sharla Delancey, Central Library Computer Room Assistant: co-chair of the Central Library's Technology Commons Team and responsible for daily supervision of the Lab. Lab supervision will be shared among the Information Staff of the Central Library during periods when customers are using the Lab for self-directed research and communications. Lab Objective #2: Patron-focused Classes The Training Lab will expand the Library's capacity for customer training in electronic technologies. Capacity is currently limited to three approaches: Public Access Computer Room: Customers may reserve time on PC's to use library- provided software to accomplish work, personal projects and self-training. The Library's only PC offering public Internet access is also located in this room, and staff provide one- on-one Internet/Web assistance. Internet Workshops: The Library presented a series of workshops to familiarize customers with the Internet and Web searching using staffPC's as training platforms. An instructor taught several people at one PC. One-on-One Training: Information Service librarians currently teach Web searching skills in the course of customer interviews to support reference inquiries. This training occurs at staff workstations located at public service desks in each library. Librarians also train customers in the use of electronic resources, generally in the course of responses to reference inquiries. The Training Lab will revolutionize the Library's approach to customer education by permitting the Internet Training Group to deliver library-based instruction on a scheduled basis and in an environment in which each participant can have individual, hands-on experience. The customer training plan for the Lab will be a partnership with the Adult Learning Center (A_LC). The ALC is part of the City of Virginia Beach Public Schools and is located adjacent to the Central Library. The ALC will engage teachers to provide two types of customer training: Closing the Digital Divide: Regularly scheduled 2-3 hour workshops designed to teach Internet and World Wide Web searching skills will be provided for individuals identified as most likely to be unable to afford a home computer or to be less skilled in using Internet resources. These classes will be free to the customer. Participants will be identified through referrals from the Department of Housing and Neighborhood Preservation and the Department of Social Services. The training will use the Internet to successfully locate and use job seeking and job retention information. This irritiative supports the City of Virginia Beach strategy of creating a "community for a lifetime" through economic prosperity. Community Internet Lab: A series of 2-3 hour seminars will be scheduled for participants able to pay a fee for the training. These classes will be open to everyone in the community. The purpose of this element of the proposal is to expand the capacity of the Adult Learning Center (ALC) to teach Internet skills by offering additional lab seats. The Library will augment this training plan with Web searching and electronic resource classes planned and delivered by library staff. The Internet Training Group is currently developing the curriculum and plan for this training. Lab Objective #3: Public Access Computing Capacity All ten computers in the Training Lab will be available for individual customer use when the Lab is not providing training workshops or seminars. The computers will be integrated with the existing PC's that support sofb, vare use in the Library. The staff of three people (2.0 FTE) assigned to the current Public Access Computer Room will provide supervision and assistance in the use of the Internet, as well as maintenance support for the computers and associated software. In addition, current Information Services staffwill assist Internet users in the Lab when training is not in session. The Library wants to integrate its Training Lab computers with its existing Public Access Computer Room. The integration plan may mean that all computers in this area are placed on a separate network to enable use of library-provided software and floppy disks on all machines while minimizing security risks to the staff and public networks in the Library and throughout the City. This integration will significantly enhance the Library's Internet service plan, for nowhere else in the Library will customers be able to upload and download information via floppy drives. The Training Lab will provide the leverage for this increase in service capacity in the Central Library. The Central Library is the ideal place to locate a Training Lab that can influence public access computing for those citizens most in need. The Central Library is in the geographic center of Virginia Beach and very close to its population center. It is located on the major east-west roadway in the City (Virginia Beach Boulevard) and between two convenient exits from Route 44, the east-west expressway that links Virginia Beach and Norfolk. Public bus stops are convenient to the Central Library. The architecture of the building and its size identify it as a common landmark for Virginia Beach residents. Low income communities in Virginia Beach are located in all directions around the Central Library. Access for all ethnic communities and low income neighborhoods is relatively similar in terms of the range of distance, difficulty of travel and availability of public transportation, bikeways and sidewalks. Lab Objective//4: Training Opportunities for the Public Library Community The Virginia Beach Public Library has been a co-sponsor of regional training opportunities with the Southeastern Library Network (SOLINET) and the Tidewater Area Library Directors Council (TALDC). It regularly sends its employees to regional and statewide training planned by TALDC, the Virginia Library Association and the Library of Virginia. The Training Lab will be available to the Library of Virginia, the Tidewater Area Library Director's Council, individual public libraries in the Tidewater region, the Virginia Library Association, and regional and local consortia and vendors willing to plan and deliver Intemet, Web searching and electronic resources training for public library staff and customers. The Lab may also become a resource of the City of Virginia Beach in teaching its employees how best to use the Internet to accomplish the business of its citizens. The Library will explore with neighboring cities the possibility of using the Training Lab as a regional location for Internet and Web searching training for community leaders engaged in civic training classes. The Neighborhood Institute in Virginia Beach is one example of this type of "civic academy." Participants in the Institute come from all neighborhoods in the City, but representatives of lower income neighborhoods are specifically recruited for the training. The Training Lab could offer a unique opportunity for community leaders to understand the capacity of the Lnternet to boost individual lives and a sense of community in each neighborhood. The Library is exploring several ways to use the donation of the Lab to gain on-going support for its equipment. The choice to partner with the Adult Learning Center expresses on element of the Library's strategy. By linking both city government and city public schools in this new computing resource, the Library seeks to heighten the opportunity for visibility and long-term support for the Training Lab. This approach supports the City's strategy of investment in life- long education as a path toward a "community for a lifetime." A second strategy is inherent in the grant application: the Library agrees to include each computer provided in the Training Lab within the computer replacement/upgrade program managed by the Department of Communications and Information Technology. An annual fee of $1,080 includes each PC within this program. The Library will reallocate its funding as necessary to support this fee, and it will request FY 2000-2001 funding for all Training Lab computers to be included within the replacement program. The Virginia Beach Public Library is committed to making the Training Lab an investment for a lifetime. The Training Lab will also create an opportunity to use capital funding dedicated to a Central Library renovation program to expand public access computing capacity in the building. The Training Lab's integration with the existing Public Access Computer Room will require redesign of a portion of the mezzanine. Acceptance of the Training Lab equals a commitment to allocate capital funds for this purpose. MS--3 ~-,4(:2! 0,-442) ul-2(14) SECT TECH LA~=4 ~ SPEC BIBLIO~ APHERS ~l 8TOR Z2. "~ ~ 5UPV " COLLECTIOH DEVELOPMENT CONFEREHCE ~ECH SPEC D I I i ~ r I F-,- 33 COP'ER JAN Z3S F--32(2) ,"' - -- ~ [:~ W 211 [~ 234 ~ STJ. FF CONS ~F COLL RD tim 202 ~ ~ ~ .TOflAGE/$UPPI. y 212 OFFICE )-~2) AO--1 ~ [~O[~ [] OVEROUE WORKF~OOM 232 CORR 208 F'~. ,.... AO--2. ~1 STORAGE ' T~aining Lab (A + B) = ~' %'~--~.?~ - ~' ' ' I / 207 625 SF (approx.) . -' ~-,.,, W ,JJ ~ .................. .' / ~[ B . ~ ~ 0I 0 0 ~ 0 0 Projected Project Expenses Section 1 Ten work, radon, 1 s~rver Training Lab J 33,350 ] Gates Librazy Initiative SUBTOTAL: ~ Expenses Covered by the Libra~ Staff (% of time X salary, for six months) - Total of the next 3 lines below * Portion of Staff that is Administrative Support * Portion of Staff that is Technical Support * Portion of Staff that is Training Coordination Support Construction/remodeling expenses (estimated) Matemts (fliet~, fact sheets, etc.) Fumituze Ongoing telecommunication costs ('include fix'st year of operation) Non-grant provided haxdwaxe Software not projected to be included in grant Othe~ (please provide explanation) SUBTOTAL: 6,944 - 3,340 1,680 1,924 32,000 50O 6,500 None 45,944 Gates Library Initiative Subtotal [ ...... (Insert GLI Subtotal fi:om above) 33,350 Expected Project TOTAL ~a-'-'~'---: ~'~ ........... ~-~-~, (not including Microsoft softwaxe value): ~ Projected Ongoing Annual Expenses Section 2 Staff H~dwaze Replacement/Repaix (assume 20% of initial total cost per Annual ~ telecommunications expenses Other.on o~g expenses: t~aner toner, etc. TOTAL ~enses Annual Cost 11,880 No a ltlonal cos~ 22,205 Seattle-Based Training Election Form Supplemental Training Lab Grant In order to help us plan for anticipated training demand, please complete this form and return it with your application for the Supplemental Training Lab Grant. Because the Seattle-based training uses the lab developed by Gateway, only those libraries that plan to purchase the Gateway model will be eligible to send staff members to these courses. Please check the appropriate box below to indicate your library's intention to purchase the Gateway model, as well as whether staff members will attend training in Seattle. The decision to purchase the Gateway lab will not affect the review of your library's application. Vir.~inia Beach Public Library Library Name This library plans to purchase the Gateway model lab. This library plans to purchase the lab through another vendor. Each library that receives a lab and chooses to purchase the Gateway model will be able to send two (2) staff members to Seattle for training. Reasonable travel costs will be paid by the Foundation. If your library intends to purchase the Gateway lab, please indicate below whether your library plans to send staff members to Seattle-based training. This library plans to send two (2) staff members to Seattle for training. The library will not send staff members to Seattle for rmmng. t ' · - 30- Item VI-I. 6. ORDINANCES ITEM # 46286 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance to establish the Town Center Infrastructure (CIP #9-016) in the FY 1999-2000 Capital Budget; TRANSFER $1,357,829 to provide needed infrastructure; APPROVE the Development Authority's use of Economic Development Investment funds (EDIP); and, IDENTIFY the Support Agreement as a development project cost commitment. Voting: 9-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: A. M. "Don" Weeks Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to Armada Hoffier February 22, 2000 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT # 9-016, TOWN CENTER INFRASTRUCTURE, TRANSFER $1,099,775 FROM CAPITAL PROJECT # 2-077 AND $258,054 FROM CAPITAL PROJECT # 2-149 TO CAPITAL PROJECT #9-016 TO PROVIDE NEEDED INFRASTRUCTURE, APPROVE THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY'S USE OF ECONOMIC DEVELOPMENT INVESTMENT PROGRAM FUNDS FOR INFRASTRUCTURE COSTS AND PAYMENT OF THE INTEREST AS OUTLINED IN THE DEVELOPMENT AGREEMENT, AND IDENTIFY OBLIGATIONS CONTAINED IN THE SUPPORT AGREEMENT AS A DEVELOPMENT PROJECT COST COMMITMENT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, the City of Virginia Beach Development Authority ("Authority") has approved a Development Agreement for the Town Center of Virginia Beach ("Development Agreement"), an investment parmership agreement with Town Center Associates, L.L.C., pursuant to City Council's recommendation and approval, for development of a Town Center to include a mixed-use, pedestrian- oriented, activity center with mid to high-rise structures containing numerous types of uses; WHEREAS, in the Ordinance Approving Documents For the Town Center Project (# 99- 2570Q), adopted on February 8, 2000, City Council authorized the execution of a Support Agreement between the City and the Authority supporting the Authority's obligations contained in the Development Agreement and related Project Documents; and WHEREAS, in the Tax Increment Financing Ordinance (# 99-2567B), adopted on November 23, 1999, City Council created a Development Project Area known as "Central Business District - South" ("District") and authorized the payment of certain tax increments to secure Development Project cost commitments, and City Council now desires to identify the duties and obligations contained in the Support Agreement as a Development Project cost commitment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Capital Project # 9-016, Town Center Infrastructure, is hereby established in the FY 1999-2000 Capital Budget. 2. That $1,099,775 is hereby transferred from Capital Project # 2-077, Ferrell Parkway - Phase VI (Cost Participation), and $258,054 is hereby transferred from Capital Project # 2-149, Birdneck Road - Phase II (VDOT), to Capital Project # 9-016, Town Center Infrastructure, for the purpose of providing needed infrastructure as outlined in the Development Agreement for the Town Center of Virginia Beach ("Development Agreement"). 36 37 38 39 40 41 42 43 44 3. That City Council hereby approves and authorizes the City of Virginia Beach Development Authority's use of $5,000,000 of EDIP funding for Phase I Infrastructure as outlined in the Development Agreement, as well as the Authority's use of additional EDIP funds, as may be required, for payment of interest on a bank loan for the residual land to be purchased by the Authority as provided in the Development Agreement. 4. That City Council hereby specifically identifies and approves the duties and obligations contained in the Support Agreement as a Development Project cost commitment of the type described in the Tax Increment Financing Ordinance (# 99-2567B) adopted on November 23, 1999. February Adopted by the Council of the City of Virginia Beach, Virginia, on the ;~2 day of ,2000. CA7611 F:\DataLATY~Ordin\NONCODE\towncenter. ord R-6 February 16, 2000 APPROVED AS TO CONTENT: Management S~s APPROVED AS TO LEGAL SUFFICIENCY: City Attorney -31 - Item VI-I. 7. ORDINANCES ITEM # 46287 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $70, O00 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget for the Census 2000 budget unit re informing and educating Virginia Beach residents about the 2000 Census. lO-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None February22,2000 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 AN ORDINANCE TO TP_ANSFER FUNDS IN THE AMOUNT OF $ 70,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1999-2000 OPERATING BUDGET FOR THE CENSUS 2000 BUDGET UNIT FOR THE PURPOSE OF INFORMING AND EDUCATING VIRGINIA BEACH RESIDENTS ABOUT THE 2000 CENSUS WHEREAS, the United States Census Bureau conducts a nationwide census of the United States population at the beginning of each decade; WHEREAS, the Mayor of Virginia Beach appointed a Mayor's Complete Count Committee to design and disseminate promotional material encouraging all citizens of Virginia Beach to respond to the 2000 Census questionnaire; and WHEREAS, the Mayor's Complete Count Committee has completed a strategy and plan to distribute these materials to the citizens of Virginia Beach at a cost of $70,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $ 70,000 are hereby transferred from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget for the Census 2000 Budget Unit for the purpose of funding the distribution of materials designed to inform and educate Virginia Beach residents about the 2000 census. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of February , 2000. CA7604 F:~Data\ATY~Ordin~NONCODE\census 2000oord R3 February 14, 2000 APPROVED AS TO CONTENT: MANAGEMENT SERVICES APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY'S OFFICE Census 2000 Complete Count Campaign 2/9/00 A. Background The U.S. Constitution mandates the decennial Census and the 2000 Census will be the largest peacetime effort in the history of the United States. In order to accomplish the goal of a complete census, the Census Bureau has established partnerships with every sector of our national community. Many cities were important contributors to the 1990 census partnership efforts and Virginia Beach was no exception. In fact, Virginia Beach has had complete count promotional campaigns for at least three previous Census efforts. The appeal to residents to return Census forms uses multiple strategies that include: · Highlighting the Five Big Reasons to fill out the census form 1. Help Our Community Thrive - Census numbers help our community define public improvement strategies. 2. Get Help in Times of Need - When floods, tornadoes or earthquakes hit, the census tell rescuers how many people will need their help. 3. Make Government Work for You - Federal and state government allocate billions of dollars annually for education programs, health care services for the elderly, housing and community development and many other programs based on census numbers. Our community will not get its appropriate share without an accurate complete count. 4. Reduce Risk for American Business - Census numbers help industry reduce financial risk and locate markets, products and services. 5. Help Yourself and Your Family - The census is used by families to establish relationship, residency, pension and inheritance. Held confidential for 72 years, your great-grandchildren may use census information to research family history. · Publicizing that most people will receive an easy to answer 7 question form · Emphasizing that all information provided on census forms is confidential The Census 2000 Complete Count Campaign slogans are: How America Knows What America Needs! This Is Your Future. Don't Leave It Blank. On September 28, 1999, the Mayor appointed nearly 40 community leaders to the Mayor's Complete Count Contmittee for Census 2000. This committee has worked diligently to develop a very impressive and ambitious work plan for Virginia Beach's Complete Count effort. The committee is divided into four sub-groups, each focused on a specific aspect of accomplishing a complete count in Virginia Beach. The Mayor's Complete Count Committee has met four times to coordinate the activities of sub-groups. The following proposal is the result of this activity. Marketing and Media Relations The Marketing and Media Relations sub-committee is responsible for designing, producing and disseminating promoti.onal and mass media materials to reach the general population. These members will schedule TV/radio appearances, use publications including newsletters and newspapers, prepare press releases and coordinate with other efforts to reach the Hampton Roads markets. This committee has worked with Video Services and the Undercount Target sub-committee to provide National Census Video which will be aired locally and produce a City Dialog segment to air on VBTV. The Census message has or will appear in the Beacon, Beach Advisory, Civic League Advisory, Beach-Line 24-hour message system, Pipeline with water bills, and on the Internet website. Lighted message signs on Mt. Trashmore and at the Pavilion will be displayed. Marketing support materials for Virginia Beach Census 2000 have been conceptualized, developed and reviewed by this committee. Proposed Expenditures: Census Poster (1500/4 color) Brochure (500k/4 color) Flyers, bookmarks, fans for mass distribution Beacon Ad Community for a Lifetime display alterations Next Generation Monitor (~convenience stores) $ 2,000 $19,000 $9,50O $4,300 $2,000 $5,250 Undercount Target The Undercount Target sub-committee is responsible for identifying historically undercounted target groups and coordinating the development and distribution of materials designed to reach the traditionally undercounted populations. This committee has assisted the Census Bureau in identifying and establishing Census Questionnaire Assistance Centers where trained volunteers, sworn to an oath of confidentiality, will be available to assist those who need help in completing a form and Be Counted sites where anyone can pick up a form. This group has proposed that City Council address a letter to every household highlighting the importance of the Census. Additionally, on February 28, this committee proposes to conduct a phone-a-thon where members using a wide array of contacts phone clergy, business leaders, cultural and civic organization leaders to solicit help in distributing materials geared to their specific communities. The Census Bureau has found that people are more likely to participate in the Census if promotions, as well as the forms, are delivered in their primary language. Therefore this committee is interested in disseminating materials in five additional languages; Spanish, Hindi, Tagalog, Chinese, and Vietnamese. Proposed Expenditures: Promotional Materials: Foreign Language $2,000 Promotional Materials: Homeless/Transient $2,500 Promotional Materials: Ethnic $1,000 Government Employee Outreach As one of the largest employment sectors, the Mayor's Complete Count Committee recognizes City, School, State, Federal and City of Virginia Beach employees could be ambassadors for the complete count effort. This sub-committee is responsible for informing these employees of the importance of the Census and encouraging them to return their census forms. This committee is using e-mail systems, pay-check stubs, and staffing newsletters to contact employees. Proposed Expenditures: Flyers/Posters $2,500 Special Events This subcommittee is responsible for identifying and coordinating a major special event to highlight the importance of the Census and heightened attention and awareness during Census Week 2000, March 25 - April 1, in Virginia Beach. The Special Events sub-committee proposes to host a Census Event on March 25 at Lynnhaven Mall. Exhibitors will be invited to display information concerning how the Census benefits their programs or activities. Performing arts organizations will be invited to present programs which will celebrate our diversity while highlighting the importance of the census. Youth essay and art contributions will be displayed and acknowledged. Proposed Expenditures: Certificates and Awards to student participants in contest Entertainment/Labor Balloons, Bump. er Stickers, T-shirts Decorations; Easels, tables & chair rentals Banners $1,750 $1,500 $8,500 $6,800 $1,400 Total Request: $70,000 B. Considerations 1. Operations and Maintenance The major activities of this project will culminate on Census Day, April 1, 2000. It will involve a significant commitment of staff time prior to April 1, 2000 due to the support needed to accomplish the associated tasks. A staff team of eleven representing ten departments are in place to assist the Mayor's Complete Count Committee. These members are: Jolilda Saunders Planning Dept. Complete Count Committee Support, Staff Linda Bersch Darcy Potter Victoria MaGee Barbara Morrison Tim Thompson George Denice Janet Madison Yolanda Jones- Howell Jill Burr Angie Savage Planning Dept. Visitor/Conv. Dev. Parks and Rec. Public Information CSB Agric. Dept. Social Services Team Leader, Special Events staff liaison Special Events Sub-Committee support Special Events Sub-Committee support Marketing and Media Relations staff liaison Marketing and Media Relations Sub- Committee support, Mayor's Office liaison Undercount Target Staff Liaison/Support Undercount Target Staff Liaison/Support Undercount Target Staff Liaison/Support Schools Libraries Health Dept. Student Contest, Census In The Schools Program, School Employee Outreach Govermnent Outreach Liaison/Support Government Outreach Liaison/Support These members will need approximately 10-20 hours per week during the next seven weeks to accomplish these responsibilities. 2. Organizational The Complete Count Committee has used an organizational model that is consistent with our organizational values. Early in the process, key departments were asked to identify staff who could lend assistance to the effort. A collaborative staff team which shares knowledge and accountability has emerged. The above listed members have received support from their departments. Citizen leaders have defined the activities of the committee. In this way we have maximized the contribution of the citizen volunteer as well provided a meaningful opportunity to reflect the diversity of our community organizations. A roster of the participating organizations represented on the committee is attached. 3. Legal The City Attorney's Office and the Office of Risk Management will review all agreements to insure that the City's interest, its members and its volunteers are covered especially in the case of the use of the Commons Area of Lynnhaven Mall for the proposed special event. 4. Budgetary Management Services has reviewed this report and provided a favorable recommendation. C. Public Information The purpose of this request is promotional. The request is the result of input gathered over four months from citizens representing many segments of our community. This promotional campaign has been designed to reach each of those segments. D. Alternative Course of Action 1. Not transfer the $70,000. 2. Reduce the scope of the promotional campaign. E. Recommendations It is recommended that $70,000 be transferred for the Census 2000 promotional campaign. F. Review and Approval Prepared by: /~o/}~§aun~r~ j~u~~ ~ Barbara Morrison George De~ice Approved by: Robert J. Scott AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL ASHBURN WILLIE A CLUBHOUSE INC DIAGNOSTIC HEALTH CORP DRAGAS HOMES INC EASTERN RECREATION ENTERPRISE INC EDWARD L MULLER CONSTRUCTION CO INC EWING HOME DESIGN INC EXXON CORP GIFT OF LIFE FOOD SUPPLEMENT CO INC H R ELECTRIC JENNY CRAIG OPERATIONS INC KHEDIVE SHRINE CIRCUS KOESTER AMERICAN CORPORATION MAKE IT SEW INC SRS COMMUNICATIONS CORPORATION THERMO TROL CORP OF TIDEWATER 01/26/00 AUDIT 30.00 1.58 31.58 01/25/00 AUDIT 14.09 1.12 15.21 2000 02/02/00 60.00 0.00 60.00 01/24/00 AUDIT 10,103.53 1,353.41 11,456.94 1999 01/31/00 224.80 0.00 224.80 01/28/00 AUDIT 38.52 0.00 38.52 1999 01/31/00 50.00 0.00 50.00 1999 02/07100 239.00 0.00 239.00 01/27/00 AUDIT 20.00 0.00 20.00 2000 02/07/00 50.00 0.00 50.00 2000 02/07/00 84.25 0.00 84.25 2000 02/03/00 50.00 0.00 50.00 2000 01/31/00 50.00 0.00 50.00 2000 01/31/00 23.96 0.00 23.96 01/28/00 AUD IT 134.00 23.44 157.44 2000 02/01/00 248.67 0.00 248.67 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Certifiel:l astg payp~. Philip ~. Kellam - - Commissioner of the Revenue 'E~slie [. Lilley City Attorney $12,800.37 were approved by the Council of the 22 day of ~'eb]:tza:r¥ ,1'9- 2000 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL ALL PROFESSIONAL TEMPORARY SERVICES C & G WELL DRILING INC COMPLETE COMPUTER WAREHOUSE INC ESLEECK SAMUEL F GRECO RESEARCH ENGINEERING CO lAP OF VIRGINIA LLC LOYAL ORDER OF MOOSE RICE RAYNOR E ROSES STORES INC SUPER FRESH FOOD MARKETS OF VA INC TIDEWATER EMBLEM LTD WALDEN BOOK CO INC 1999 01/27/00 50.00 0.00 50.00 1999 01/25/00 50.00 0.00 50.00 01/21/00 AUDIT 1,549.59 170.28 - t ;719.87 1999 01/25/00 40.00 0.00 40.00 1999 01/20/00 50.00 0.00 50.00 1999 01/10/00 10.00 0.00 10.00 1999 01/24/00 50.00 0.00 50.00 1999 01/24/00 232.62 0.00 232.62 1999 01/24/00 50.00 0.00 50.00 01/27/00 AUDIT 30,823.69 4,714.94 35,538.63 01/18/00 AUDIT 1,451.32 360.37 1,811.69 1999 01/26/00 200.00 0.00 200.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $39,802.81 22 Philip~3. I~el~la-n¥ '~ Commissioner of the Revenue City Attorney were approved by the Council of the day of February ,lm:j~ 2000 Ruth Hodges Smith City Clerk - 33 - Item VI-J. 1. RESOLUTION ITEM # 46289 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: Resolution to authorize the issuance and sale of $76,100,000 General Obligation Public Improvement Bonds, Series of 2000, of the City of Virginia Beach, Virginia, heretofore authorized, and providingfi~r the form, details and payment thereof, for various City and School capital improvements. Voting: 11-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 RESOLUTION PROVIDING FOR THE ISSUANCE OF $76,100,000 OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2000, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of $51,100,000 of bonds of the City of Virginia Beach, Virginia (the "City"), was authorized by an ordinance adopted by the Council of the City (the "City Council") on May 9, 1995, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, economic and tourism and building projects, $47,600,000 of which bonds have been issued and sold; WHEREAS, the issuance of $50,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 1996, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal, economic and tourism and building projects, $44,100,000 of which bonds have been issued and sold; WHEREAS, the issuance of $54,100,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 1997, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal, economic and tourism and building projects, $18,247,407 of which bonds have been issued and sold; WHEREAS, the issuance of $53,800,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 1998, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, buildings and parks and recreation projects, none of which bonds have been issued and sold; WHEREAS, the issuance of $56,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 1999, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold; WHEREAS, the City Council has determined it is in the City's best interest to issue and sell $3,500,000 of the bonds authorized on May 9, 1995, $6,800,000 of the bonds authorized on May 14, 1996, $35,852,593 of the bonds authorized on May 13, 1997, $24,947,407 of the bonds authorized on May 12, 1998, and $5,000,000 of the bonds authorized on May 11, 1999; and WHEREAS, it has been recommended to the City Council by representatives of Government Finance Associates, Inc., and Government Finance Group, Inc., (the "Financial Advisors") that the City issue and sell a single issue of public improvement bonds in the principal amount of $76,100,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, general obligation public improvement bonds of the City in the principal amount of $76,100,000 (the "Bonds") to provide funds to (a) finance, in part, the cost of the various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements as more fully described in the ordinances authorizing the Bonds adopted on May 9, 1995, May 14, 1996, May 13, 1997, May 12, 1998, and May 11, 1999 (collectively, the "Project"), and (b) pay costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series of 2000," shall be in registered form, shall be dated March 1, 2000, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The issuance and sale of the Bonds are authorized at an interest cost and at a price as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 7.00%, taking into account any original issue discount or premium, and (b) shall be sold to the purchaser at a price not less than 99% of the principal amount thereof. The Bonds shall mature or be subject to mandatory sinking fund redemptions in installments on March 1 in years and amounts, as follows: Year Amount Year Amount 2001 $3,805,000 2011 $3,805,000 2002 $3,805,000 2012 $3,805,000 2003 $3,805,000 2013 $3,805,000 2004 $3,805,000 2014 $3,805,000' 2005 $3,805,000 2015 $3,805,000 2006 $3,805,000 2016 $3,805,000 2007 $3,805,000 2017 $3,805,000 2008 $3,805,000 2018 $3,805,000 2009 $3,805,000 2019 $3,805,000 2010 $3,805,000 2020 $3,805,000 At the time of sale, the City Manager may provide for consecutive annual principal amounts of the Bonds to be combined into not more than two term Bonds (the "Term Bonds"). Each Bond shall bear interest from March 1, 2000, at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on each March 1 and September 1, beginning September 1, 2000. Principal and premium, if any, shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar, as hereinafter defined. Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on the fifteenth day of the month preceding each interest payment date. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City shall enter into a Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then its chief financial officer shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Letter of Representations such provisions of the Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. Bonds maturing on or before March 1, 2010, are not subject to redemption prior to maturity. Bonds maturing on or after March 1,2011, are subject to redemption prior to maturity at the option of the City on or after March 1, 2010, in whole or in part at any time, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption (Both Dates Inclusive) Price March 1, 2010, to February 28, 2011 March 1, 2011, to February 29, 2012 March 1, 2012, and thereafter 101.0% 100.5 100.0 Term Bonds, if any, are required to be redeemed in part before maturity by the City on March 1 in years and amounts as determined at the time of sale, at a redemption price equal to the principal amount of the Term Bonds to be redeemed, plus accrued interest to the redemption date. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of its Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the following form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds: Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. R- S UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond INTEREST RATE % REGISTERED OWNER: PRINCIPAL AMOUNT: Series of 2000 MATURITY DATE March 1, CEDE & CO. DATED DATE March 1, 2000 iDOLLARS CUSIP The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each March 1 and September 1, beginning September 1, 2000, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $76,100,000 General Obligation Public Improvement Bonds, Series of 2000, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The bonds have been authorized by ordinances adopted by the Council of the City (the "City Council") on May 9, 1995, May 14, 1996, May 13, 1997, May 12, 1998, and May 11, 1999, and are issued pursuant to a resolution adopted by the City Council on February 22, 2000, to finance various public school, roadway, coastal, economic and tourism, building and parks and recreation projects and to pay costs of issuance of the bonds. Bonds maturing on or before March 1, 2010, are not subject to redemption prior to maturity. Bonds maturing on or after March 1,2011, are subject to redemption prior to maturity at the option of the City on or after March 1, 2010, in whole or in part at any time, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed (Both Dates Inclusive) Redemption Price March 1, 2010, to February 28, 2011 March 1,2011, to February 29, 2012 March 1, 2012, and thereafter 101.0% 100.5 100.0 [ Bonds maturing on ., , are required to be redeemed in part before maturity by the City on in the years and amounts set forth below, at a redemption price equal to the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date: Year Amount Year Amount If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the bonds of a particular maturity are called for redemption, the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the fifteenth day of the month preceding each interest payment date. 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, 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 its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated March 1, 2000. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia Virginia (SEAL). Mayor, City of Virginia Beach, ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Cormnercial Bank, Trust company, Securities Broker/Dearler, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, at its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the fifteenth day of the month preceding each interest payment date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in paragraph 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final interest rates and the purchase price of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action shall be necessary l0 on the part of the City Council. 9. Notice of Sale. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, copies of which have been provided to the members of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been awarded, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to the Rule. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded, the officers of the City are 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. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or 12 more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section t41(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. SNAP Investment Authorization. The City Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the City Council has determined to authorize the City Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance, in consultation with the City Treasurer, determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchasers of the Bonds in complying with the provisions of the Rule promulgated by the SEC. Such continuing disclosure agreement shall be substantially in the form of the draft dated February 11, 2000, copies of which have been provided to members of the City Council, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Repeal of Conflicting Resolutions. conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, this 22 February, 2000. All resolutions or parts of resolutions in __ day of CA7609 Data/Ordin/Noncode/Virginia Beach2000 GO Bond.res R-2 February 14, 2000 APPROVED AS TO CONTENT: Finance Department APPROVED AS 'FO LEGAL SUFFICIENCY: (~5~'~ Xttomey's Offic/e ' ~/ 14 CITY OF VIRGINIA BEACH, VIRGINIA $76,100,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS SERIES OF 2000 PROJECTS 1995 1996 1997 1998 1999 Chs~er Cha~er Cha~er Cha~er Cha~er Bonds Bonds Bonds Bonds Bonds ~HOOLS: 1006 Various Scho(,I Sits Acquisition 1046 High School 2002 1061 New Castle 1062 ADA School Modifications 1063 Indoor Air Quality Improvements 1064 Relocation -- Linkhom Park Elementary 1074 Renovations and Replacement - Various 1081 Ptaza Elementary School Addition 1083 Renovations/Replacements -- Reroofing 1084 Renovations/Replacements -* HVAC 1069 Point of View School Addition 1092 E~ementary School Modernization - Ph 2 1198 Relocation -- Seatack Elementary 1200 Renovations & Replacements-Playground Equipment 1201 Renovations & Replacements- Grounds 1202 W.T. Cooke Elementary School Modernization 1203 Bus Garage Facilities Assessment 1205 Renovations & Replacements - Exterior Bleachers 1213 Thalia Elementary School Modernization 1217 Woodstock Elementary Modernization 1230 ^ltemative Use Study-Old Linkhom Park & Seatack 1232 Tennis Court C~enovation iOADWAYS: 2004 Culver Lane Widening 2073 Buclmer Road Extended 2089 Southeastern Parkway & Greenbelt 2149 Birdneck Road -- Phase II 2157 Lynnhaven Parkway-- Phase IX 2175 Independence Blvd.-Phase IV-B 2284 Resurfacing Backlog Reduction 2305 Ferrell Parkway -- Phase II 2833 First Colonial Road - Phase III )UILDINGS: 3011 Beach House Acquisition & Rehabilitation 3020 ADA Building Modifications 3024 Virginia Beach Juvenile Detention Center 3100 Various Buildings HVAC Rehab/Renewal 3424 Fire Station 17 (Sandbridge) Relocation 3437 Municipal Center Hot/Chill Water Lines/ Heat Plant =ARKS& RECREATION: 4003 Bow Creek Recreation Center Acquisition Study -'CONOMIC & TOURISM: 9013 31st Street Development Site Acquisition 9704 Beach Erosion Control & Hurricane Protection $ 3,500,000 $ 400,000 7,815,082 $ 6,800,000 1,476,332 $12,225,000 507,800 64,637 5,000,000 738,041 41,300 3,630,893 1,434,036 1,477,820 4,370,808 750,000 1,900,000 329,929 75,000 216,516 29,579 250,000 180,455 471,000 808,564 125,000 4,188,839 110,404 847,424 85,000 251,114 750,000 350,000 272,425 $ 10,000 500,000 50,000 100,000 50,000 379,000 80,000 100,000 500,000 10,000 400,000 816,000 20,000 10,000 Totals 400,000 7,815,082 20,501,332 572,437 5,010,000 738,041 971,000 41,300 3,630,893 2,242,600 1,477,820 125,000 8,559,647 50,000 210,404 847,424 85,000 301,114 1,500,000 379,000 80,000 100,000 500,000 10,000 1,900,000 329,929 75,OOO 216,516 350,000 29,579 672,425 816,000 250,000 3,500,000 180,455 20,000 10,000 500,000 500,000 2,023,000 2,023,000 5,229,002 1,875,000 1,975,000 9,079,002 Totals $ 3,500,000 $ 6,800,000 $ 35,852,593 $ 24,947,407 $5,000,000 $76,100,000 · : Total Previous Remaining Proposed Fund Authorization Expenditures Bond Sales Authorizations Bond Sale 1995 Charter $ 51,100,000 $ 47,068,452 $ 47,600,000 $ 3,500,000 $ 3,500,000 1996 Charter 50,900,000 50,797,144 44,100,000 6,800,000 6,800,000 1997 Charter 54,100,000 45,252,445 18,247,407 35,852,593 35,852,593 1998 Charter 57,300,000 15,957,915 57,300,000 24,947,407 1999 Charter 5617001000 11772,927 - 56,700,000 5,000,000 Totals $270,1001000 $160,848,883 $109,947,407 $160,152,593 ,$761100,000 F:\Users~LBrown~Rich~summa~ bond nuthorizatioas,wpd CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of , 2000 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $76,100,000 General Obligation Public Improvement Bonds, Series of 2000 (the "Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and material event notices required by the Rule (collectively, "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City, prepared in accordance with generally accepted accounting principles; and (ii) the operating data with respect to the City of the type described in the section of the City's Official Statement dated ,2000, entitled "Operating Data." If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such statements as audited when available. (b) The City shall provide annually the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, 2000, to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository if any then exists ("SID"). (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to each NRMSIR and to the SID or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the Municipal Securities Rulemaking Board (the "MSRB"). (d) The City shall provide in a timely manner to each NRMSIR or the MSRB and to the SID notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall provide in a timely manner to each NRMSIR or the MSRB and to the SID notice of the occurrence of any of the following events with respect to the Bonds, if material: (a) principal and interest payment delinquencies; (b) non-payment related defaults; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (g) modifications to rights of Bondholders; (h) bond calls; (i) defeasance of all or any portion of the Bonds; (j) release, substitution, or sale of property securing repayment of the Bonds; and (k) rating changes. Section 4. Termination. The obligations of the City will terminate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter send to each NRMSIR and the SID a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the Rule) of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 8. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 9. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA Mayor, City of Virginia Beach, Virginia City Manager, City of Virginia Beach, Virginia NEW ISSUE BOOK-ENTRY ONLY Moody's Investors Service "Applied For" Standard & Poor's Ratings Group "Applied For" Fitch IBCA "Applied For" (See "Ratings" herein) In the opinion of Bond Counsel, under existing law and subject to conditions described in the section herein "Tax Exemption," interest on the Bonds (1) will not be included in gross income for Federal income tax purposes, (2) will not be an item of tax preference for purposes of the Federal alternative minimum Income tax imposed on individuals and corporations, and (3) will be exempt from income taxation by the Commonwealth of Virginia. Such interest may be included in the calculation of a corporation's alternative minimum income tax, and a holder may be subject to other Federal tax consequences as described in the section herein "Tax Exemption." $76,100,000 City of Virginia Beach, Virginia General Obligation Public Improvement Bonds Series of 2000 Dated: March 1,2000 Due: March 1, as shown below The Bonds will constitute valid general obligations of the City of Virginia Beach, and the full faith and credit and unlimited taxing power of the City are irrevocably pledged to the payment of principal of and premium, if any, and interest on the Bonds. The City Council Is authorized and required, unless other funds are lawfully available and appropriated for timely payment of the Bonds, to levy and collect annually on all locally taxable property in the City an ad valorem tax, over and above all or other taxes authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. The Bonds will be issued in denominations of $5,000 and multiples thereof, in registered form, registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the Bonds. Individual purchases of beneficial ownership interest in the Bonds will be made in book-entry form only and individual purchasers will not receive physical delivery of bond certificates. The Bonds will bear interest from their date, payable semi-annually on each March 1 and September 1, commencing September 1, 2000. Principal will be payable on March 1 of each year as set forth below. So long as DTC or its nominee is the registered owner of the Bonds, payments of principal of and interest on the Bonds will be made to Cede & Co., as nominee for DTC, for disbursement to DTC participants, to be disbursed subsequently to the beneficial owners of the Bonds. The Bonds that mature on or before March 1, 2010, are not subject to redemption prior to their stated maturities. The Bonds that mature on or after March 1,2011, will be subject to redemption prior to maturity at the option of the City as described in Section Two "DESCRIPTION OF THE BONDS." MATURITIES, AMOUNTS, INTEREST RATES AND YIELDS Principal Interest Price/ Principal Year Amount Rate Yield Year Amount 2001 $3,805,000 2011 $3,805,000 2002 3,805,000 2012 3,805,000 2003 3,805,000 2013 3,805,000 2004 3,805,000 2014 3,805,000 2005 3,805,000 2015 3,805,000 2006 3,805,000 2016 3,805,000 2007 3,805,000 2017 3,805,000 ~008 3,805,000 2018 3,805,000 2009 3,805,000 2019 3,805,000 2010 3,805,000 2020 3,805,000 Interest Price/ Rate Yield This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Bonds are offered when, as and if issued, subject to approval of their validity by Hunton & Williams, Richmond, Virginia, Bond Counsel, as described herein, and certain other conditions. It is expected that delivery of the Bonds will be made through the facilities of The Depository Trust Company, New York, New York, on or about March 22, 2000. Official Statement Dated ,2000 CITY OF VIRGINIA BEACH THE CITY COUNCIL Meyera E. Oberndorf, Mayor William D. Sessoms, Jr., Vice Mayor John A. Baum Linwood O. Branch, III Margaret L. Eure William W. Harrison, Jr. Barbara M. Henley Louis R. Jones Reba S. McClanan Nancy K. Parker A.M. "Don" Weeks CERTAIN CITY OFFICIALS James K. Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Smith, City Clerk Patricia A. Phillips, Director of Finance John T. Atkinson, City Treasurer BOND COUNSEL Hunton & Williams Riverfront Plaza, East Tower 951 East Byrd Street Richmond, VA 23219 FINANCIALADVISORS Government Finance Associates, Inc. 63 Wall Street, 16th Floor New York, NY 10005 Government Finance Group 1601 N. Kent Street, Suite 800 Arlington, VA 22209 No dealer, broker, salesman, or other person has been authorized by the City to give any information to or make any representations with respect to the City, or the Bonds issued thereby, other than those contained in this Official Statement, and if given or made, such other information or representation must not be relied upon as having been authorized by the City. This Official Statement does not constitute an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation of sale. All quotations from and summaries and explanations of provisions of law and documents heroin do not purport to be complete, and reference is made to such laws and documents for full and complete statements of their provisions. Any statements made in this Official Statement involving estimates or matters of opinion, whether or not expressly so stated, are intended merely as estimates or matters of opinion, and not as representations of fact. The information and expression of opinion herein ere subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implications that them has been no change in the affairs of the City since the respective dates as of which information is given herein. TABLE OF CONTENTS Page SECTION ONE: INTRODUCTION ............................................................................................................... 3 SECTION TWO: THE BONDS ..................................................................................................................... 6 Authorization and Purpose of the Bonds .......................................................................................... 6 Description of the Bonds ................................................................................................................... 7 Security for and Sources of Payment of the Bonds ........................................................................ 10 Bondholders' Remedies in The Event of Default ............................................................................ 10 Legal Matters .................................................................................................................................. 11 Tax Exemption ................................................................................................................................ 11 Litigation .......................................................................................................................................... 12 Certificates of City Officials ............................................................................................................. 13 Sale at Competitive Bidding ............................................................................................................ 13 Continuing Disclosure SECTION THREE: CERTAIN INFORMATION CONCERNING THE CITY ................................................ 15 Introduction Certain Elected Officials ................................................................................................................. 15 Certain City Council Appointees and Administrative Staff Members .............................................. 17 Governmental Services and Facilities ............................................................................................ 18 Overview of Governmental Organization and Selected Functions ................................................. 20 Functional Departments .................................................................................................................. 20 Year 2000 Matters .......................................................................................................................... 24 Economic and Demographic Factors .............................................................................................. 24 SECTION FOUR: CITY INDEBTEDNESS AND CAPITAL PLAN ............................................................. 34 Limitations on Incurrence of Debt ................................................................................................... 34 Debt Management Policies ............................................................................................................. 34 Outstanding Debt and Lease Obligations ....................................................................................... 36 Comprehensive Plan ...................................................................................................................... 43 Capital Improvement Program ........................................................................................................ 44 SECTION FIVE: FINANCIAL INFORMATION ............................................................................................ 48 Basis of Accounting And Accounting Structure .............................................................................. 48 Investment Policies And Practices .................................................................................................. 50 Certificate of Achievement .............................................................................................................. 50 Budgetary Process ......................................................................................................................... 50 General Government Revenues ..................................................................................................... 52 The Water and Sewer System: Financial Results ......................................................................... 60 (i) Water Sales and Services Contracts .............................................................................................. 64 Water and Sewer Capital Improvement Program ........................................................................... 66 The Lake Gaston Project ................................................................................................................ 66 Insurance ........................................................................................................................................ 69 Commitments And Contingencies .................................................................................................. 69 Retirement And Pension Plans ....................................................................................................... 70 Employee Relations And Collective Bargaining .............................................................................. 70 Approval of Official Statement ........................................................................................................ 71 APPENDICES Financial Statements ................................................................................................................................. A-1 Form of Bond Counsel Opinion .................................................................................................................. B-1 Form of Continuing Disclosure Agreement ................................................................................................ C-1 (ii) SECTION ONE: INTRODUCTION The purpose of this Official Statement, including the cover page and Appendices hereto, is to furnish information in connection with the sale by the City of Virginia Beach, Virginia (the "City" or "Virginia Beach"), of its $76,100,000 General Obligation Public Improvement Bonds, Series of 2000 (the "Bonds"), dated March 1, 2000, to be issued in accordance with a resolution adopted by the City Council on February 22, 2000 (the "Resolution"). This information speaks as of its date and is not intended to indicate future or continuing trends in the financial or economic position of the City. The Bonds will be offered for sale at a public bidding on March 8, 2000. A Notice of Sale relating to the Bonds, dated February 25, 2000, will be furnished to prospective bidders. The Issuer The issuer of the Bonds is the City of Virginia Beach located in the southeastern portion of the Commonwealth of Virginia. Virginia Beach is the most populous city in the Commonwealth, with a 1999 estimated population of 439,889. Audited financial statements for the City for the fiscal year ended June 30, 1999, are set forth in Appendix A hereto. The Bonds The Bonds consist of $76,100,000 General Obligation Public Improvement Bonds, Series of 2000, dated March 1, 2000, and maturing annually on March 1 from 2001 through 2020. The Bonds will be issued in authorized denominations of $5,000 and multiples thereof and will be held by The Depository Trust Company ("DTC"), or its nominee, as securities depository with respect to the Bonds. See "The Bonds -- Book-Entry System" in Section Two. Interest on the Bonds will be payable on March 1 and September 1, commencing September 1, 2000, until maturity. As long as the Bonds are held by DTC or its nominee, interest will be paid to Cede & Co., as nominee of DTC, in same day funds on each interest payment date. Security for the Bonds The Bonds will be general obligations of the City to which the full faith and credit of the City will be pledged for payment. Use of Proceeds Proceeds of the Bonds will be used for the purpose of providing funds for various public improvements and to pay the costs of issuance related to the Bonds. See "Authorization and Purpose of the Bonds" in Section Two for a more complete description of the purpose of the Bonds. Optional Redemption Bonds maturing on or after March 1,2011, will be subject to redemption beginning March 1, 2010, in whole or in part at any time, at the option of the City. See "Redemption" in Section Two for a more complete description of the redemption provisions of the Bonds. Mandatory Redemption If the successful bidder designates consecutive annual principal amounts to be combined into one or more term bonds, each such term bond shall be subject to mandatory sinking fund redemption at par commencing on March 1 of the first year which has been combined to form such term bond and continuing on March 1 in each year thereafter until the stated maturity date of that term bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth on the cover page of this Official Statement. Tax Exemption Under existing law, interest on the Bonds will be exempt from income taxation by the Commonwealth of Virginia and the United States of America. See "Tax Exemption" in Section Two for a more complete description of the significant elements of the Federal and state income tax status of interest on the Bonds. Bond Counsel Hunton & Williams serves as Bond Counsel ("Bond Counsel") to the City in connection with the issuance of the Bonds. The opinion of Bond Counsel will be dated and given on, and will speak only as of, the date of issuance and delivery of the Bonds. The scope of engagement of Bond Counsel does not extend to passing upon or assuming responsibility for the accuracy or adequacy of any statements made in this Official Statement other than matters expressly set forth in their opinion, and Bond Counsel makes no representation that they have independently verified the same. Financial Advisors The Government Finance Group, a division of ARD Incorporated, and Government Finance Associates, Inc. serve as financial advisors to the City in connection with the issuance of the Bonds. The financial advisors' fee for services rendered with respect to the sale of the Bonds is not contingent upon the issuance and delivery of the Bonds. Auditors The City's financial statements for the fiscal year ended June 30, 1999, are included as Appendix A in this Official Statement and have been audited by the independent public accounting firm of KPMG L.L.P. Such financial statements have been included in reliance upon the report of KPMG L.L.P., who will not be reviewing any matters in connection with the issuance of the Bonds. Ratings The City has received ratings from Moody's Investors Service, 99 Church Street, New York, New York 10007, Standard & Poor's Ratings Group, 55 Water Street, New York, New York 10041, and Fitch IBCA, One State Street Plaza, New York, New York 10004, as shown on the front cover. An explanation of the significance of such ratings may only be obtained from the rating agency furnishing the same. The City furnished to such rating agencies the information contained in this Official Statement and certain publicly available materials and information about the City. Generally, rating agencies base their rating on such materials and information, as well as investigations, studies and assumptions of the rating agencies. Such ratings may be changed at any time, and no assurance can be given that they will not be revised downward or withdrawn entirely by any such agencies if, in the judgment of any such agencies, circumstances so warrant. Such circumstances may include, without limitation, changes in or unavailability of information relating to the City. Any such downward revision or withdrawal of any such ratings may have an adverse effect on the market price of the Bonds. Investment Policies and Practices The City of Virginia Beach, as a political subdivision of the Commonwealth of Virginia, is limited to investments permitted by Section 2.1-327 et seq. of the Code of Virginia of 1950. as amended. In addition, various bond resolutions further restrict the types of allowable investments. The City's investment practices are generally described in footnote 7 of the City's financial statements, included in Appendix A. More detail on the City's investment practices is provided in SECTION FIVE: FINANCIAL INFORMATION. Delivery The Bonds are offered for delivery when, as and if issued, subject to the approval of validity by Bond Counsel, and to certain other conditions referred to herein. It is expected that the Bonds will be available for delivery at the expense of the City through the facilities of The Depository Trust Company, New York, New York, on or about March 22, 2000. Official Statement This Official Statement has been approved and authorized by the City for use in connection with the sale of the Bonds. Its purpose is to supply information to prospective buyers of the Bonds. Financial and other information contained in this Official Statement have been prepared by the City from its records, except where other sources are noted. The information is not intended to indicate future or continuing trends in the financial or economic position of the City. All quotations from and summaries and explanations of laws contained in this Official Statement do not purport to be complete, and reference is made to said laws for full and complete statements of their provisions. Continuing Disclosure The City has agreed to execute a Continuing Disclosure Agreement at closing to assist the purchasers of the Bonds in complying with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") and as in effect on the date hereof, by providing annual financial information and material event notices required by the Rule. See the section herein "Continuing Disclosure" in Section Two. Additional Information Any questions concerning the contents of this Official Statement should be directed to the following: Department of Finance, Municipal Center, Virginia Beach, Virginia 23456 (757) 427-4681; or the City's financial advisors, Government Finance Group, a division of ARD Incorporated (703) 807-5700, or Government Finance Associates, Inc. (212) 635-5900. SECTION TWO: THE BONDS Authorization and Purpose of the Bonds The Bonds were authorized by ordinances adopted by the City Council on May 9, 1995, May 14, 1996, May 13, 1997, May 12, 1998, and May 11, 1999. The Bonds will be issued pursuant to the Resolution and the Constitution and statues 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 of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended) (the "Act"). Of the $76,100,000 par amount of the Bonds, $3,500,000 of the Bonds represent a portion of $51,100,000 of bonds that were authorized by an ordinance adopted by the City Council on May 9, 1995, without being submitted to the qualified voters of the City (the "1995 Charter Bonds"), to provide funds, together with other funds that may be available, for the various public improvements, including schools, roadways, economic and tourism and building projects. Previously the City has issued $47,600,000 of the 1995 Charter Bonds. After this sale, the City will have no authorized but unissued bonds remaining from the 1995 Charter Bonds. $6,800,000 of the Bonds represent a portion of $50,900,000 of bonds that were authorized by an ordinance adopted by the City Council on May 14, 1996, without being submitted to the qualified voters of the City (the "1996 Charter Bonds"), to provide funds, together with other funds that may be available, for the various public improvements, including schools, roadways, economic and tourism and building projects. Previously the City has issued $44,100,000 of the 1996 Charter Bonds. After this sale, the City will have no authorized but unissued bonds remaining from the 1996 Charter Bonds. $35,852,953 of the Bonds represent a portion of $54,100,000 of bonds that were authorized by an ordinance adopted by the City Council on May 13, 1997, without being submitted to the qualified voters of the City (the "1997 Charter Bonds"), to provide funds, together with other funds that may be available, for the various public improvements, including schools, roadways, economic and tourism and building projects. Previously the City has issued $18,247,047 of the 1997 Charter Bonds. After this sale, the City will have no authorized but unissued bonds remaining from the 1997 Charter Bonds. $24,947,407 of the Bonds represent a portion of $53,800,000 of bonds that were authorized by an ordinance adopted by the City Council on May 12, 1998, without being submitted to the qualified voters of the City (the "1998 Charter Bonds"), to provide funds, together with other funds that may be available, for the various public improvements, including schools, roadways, economic and tourism and building projects. After this sale, the City will have an authorized but unissued balance of $28,852,593 remaining from the 1998 Charter Bonds. $5,000,000 of the Bonds represent a portion of $56,700,000 of bonds that were authorized by an ordinance adopted by the City Council on May 11, 1999, without being submitted to the qualified voters of the City (the "1999 Charter Bonds"), to provide funds, together with other funds that may be available, for the various public improvements, including schools, roadways, economic and tourism and building projects. After this sale, the City will have an authorized but unissued balance of $51,700,000 remaining from the 1999 Charter Bonds. Description of the Bonds General The Bonds will be issued in the aggregate principal amount of $76,100,000, will be dated March 1, 2000, and will mature on March 1 from 2001 through 2020, as shown on the cover page hereof. The Bonds will be registered as to principal and interest in the name of Cede & Co., as nominee for DTC, or otherwise as hereinafter described. Purchases of beneficial ownership interests in the Bonds will be made only in book-entry form and purchasers will not receive physical certificates representing their interests in Bonds so purchased. If the book-entry system is discontinued, bond certificates will be delivered as described in the Resolution, and Beneficial Owners, as hereinafter defined, will become the registered owners. As long as the Bonds are held by DTC or its nominee, interest will be paid to Cede & Co., as nominee of DTC, in same day funds on each interest payment date. Interest on the Bonds will be payable on September 1, 2000, and on each March 1 and September 1 thereafter until maturity. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Optional Redemption The Bonds that mature on or before March 1, 2010, are not subject to redemption prior to their stated maturities. The Bonds that mature on and after March 1, 2011, will be subject to redemption beginning March 1, 2010, in whole or in part at any time, at the option of the City, upon payment of the following redemption prices (expressed as a percentage of principal amount of Bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed (.both dates inclusive) Redem.Dtion Price March 1,2010, to February 28, 2011 March 1,2011, to February 29, 2012 March 1,2012, and thereafter 101.0% 100.5 100.0 Mandatory Redemption If the successful bidder designates consecutive annual principal amounts to be combined into one or more term bonds, each such term bond shall be subject to mandatory sinking fund redemption at par comnlencing on March I of the first year which has been combined to form such term bond and continuing on March 1 in each year thereafter until the stated maturity date of that term bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth on the cover page of this Official Statement. Manner of Redemption If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City's chief financial officer in such manner as may be determined to be in the best interest of the City. If less than all of the Bonds of a particular maturity are called for redemption, DTC or any successor securities depository will select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system is discontinued, will be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, each portion of the $5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Book-Entry System The description which follows of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payments of principal of and premium, if any, and interest on the Bonds to DTC, its nominee, Participants, as hereinafter defined, or Beneficial Owners, confirmation and transfer of beneficial ownership interests in the Bonds and other bond- related transactions by and between DTC, Participants and Beneficial Owners is based solely on information furnished by DTC. DTC will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co., DTC's partnership nominee. One fully-registered Bond certificate will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its padicipants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Partic!pants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants which will receive a credit for the Bonds on DTC's records. The ownership interest of the actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Padicipants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Neither DTC nor Cede & Co. will consent or vote with respect to Bonds. Under its usual procedures DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payment dates in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on payment dates. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the City, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepared, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, either a successor securities depository will be selected by the City or Bond certificates will be prepared, executed and delivered. DTC management is aware that some computer applications, systems, and the like for processing data ('Systems") that are dependent upon calendar dates, including dates before, on, and after January 1, 2000, may encounter "Year 2000 problems." DTC has informed its Participants and other members of the financial community (the "Industry") that it has developed and is implementing a program so that its Systems, as the same relate to the timely payment of distributions (including principal and income payments) to security holders, book-entry deliveries, and settlement of trades within DTC ("DTC Services"), continue to function appropriately. This program includes a technical assessment, a remediation plan and a testing phase, each of which is complete. However, DTC's ability to perform properly its services is also dependent upon other parties, including but not limited to issuers and their agents, as well as third party vendors from whom DTC licenses software and hardware, and third party vendors on whom DTC relies for information or the provision of services, including telecommunication and electrical utility service providers, among others. DTC has informed the Industry that it has contacted third party vendors from whom DTC acquires services to: (i) impress upon them the importance of such services being Year 2000 compliant; and (ii) determine the extent of their efforts for Year 2000 remediation (and, as appropriate, testing) of their services. In addition, DTC is in the process of developing such contingency plans as it deems appropriate. According to DTC, the foregoing information with respect to DTC has been provided to the Industry for informational purposes only and is not intended to serve as a representation, warranty, or contract modification of any kind. The foregoing information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. The City has no responsibility or obligation to the Participants or the Beneficial Owners with respect to (A) the accuracy of any records maintained by DTC or any Participant; (B) the payment by any Participant of any amount due to any Beneficial Owner in respect of the principal of and interest on the Bonds; (C) the delivery or timeliness of delivery by any Participant of any notice to any Beneficial Owner which is required or permitted under the terms of the Resolution to be given to Bondholders; or (D) any other action taken by DTC, or its nominee, Cede & Co., as Bondholder, including the effectiveness of any action taken pursuant to an Omnibus Proxy. So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC, references in this Official Statement to the Owners of the Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners and Cede & Co. will be treated as the only Bondholder of Bonds for all purposes under the Resolution. The City may enter into amendments to the agreement with DTC or successor agreements with a successor securities depository, relating to the book-entry system to be maintained with respect to the Bonds without the consent of Beneficial Owners or Bondholders. Security for and Sources of Payment of the Bonds The Bonds will be general obligations of the City, and the full faith and credit of the City are irrevocably pledged to payment of principal of and premium, if any, and interest on the Bonds. The Resolution provides that the City Council shall, in each year while any of the Bonds are outstanding, levy and collect an ad valorem tax, over and above all other taxes authorized or limited by law and without limitahon as to the rate or amount, upon all property in the City subject to local taxation, sufficient to pay the principal of and premium, if any, and interest on the Bonds as the same shall come due, unless other funds are lawfully available and appropriated for timely payment of the Bonds. Bondholders' Remedies in The Event of Default Section 15.2-2659 of the Code of Virginia of 1950, as amended, provides that upon affidavit filed with the Governor of the Commonwealth of Virginia (the "Commonwealth") by or on behalf of any owner of a general obligation bond, or by any paying agent therefor, in default as to payment of principal or interest, the Governor shall immediately conduct a summary investigation. If it is established to the Governor's satisfaction that payment of the bond or interest thereon is in default, the Governor shall order the State Comptroller to withhold all funds appropriated and payable by the Commonwealth to the political subdivision so in default and apply the amount so withheld to payment of the defaulted principal and interest. Section 15.2.2659 also provides for notice to the registered owners of such bonds of the default and the availability of withheld funds. The State Comptroller advises that to date no order to withhold funds pursuant to Section 15.1-227.61 or Section 15.1-225, the predecessor provisions of 15.2-2659, has ever been issued. Although Section 15.2-2659 has not been approved by a Virginia Court, the Attorney General of Virginia has ruled that appropriated funds may be withheld by the Commonwealth pursuant to its predecessor section. In the fiscal year ending June 30, 1999, the Commonwealth provided $326,773,861 to the City, of which $41,755,550 was deposited in the City's General Fund. Neither the Bonds nor the proceedings with respect thereto specifically provide any remedies to Bondholders if the City defaults in the payment of principal of or interest thereon, nor do they contain any provision for the appointment of a trustee to enforce the interest of the Bondholders upon the occurrence of such default. Upon any default in the payment of principal or interest, a Bondholder could, among other l0 things, seek to obtain from an appropriate court a writ of mandamus requiring the Council to levy and collect taxes as described above. The mandamus remedy, however, may be impracticable and difficult to enforce. Furthermore, the right to enforce payment of the Bonds may be limited by bankruptcy, insolvency, reorganization, moratorium, and similar laws and equitable principles, which may limit the specific enforcement of certain remedies. Chapter 9 of the United States Bankruptcy Code (the "Bankruptcy Code") permits a municipality such as the City, if insolvent or otherwise unable to pay its debts as they become due, to file a voluntary petition for the adjustment of debts provided that such municipality is "specifically authorized, in its capacity as a municipality or by name, to be a debtor...." Bankruptcy Code, Section 109(c)(2). Current Virginia statutes do not expressly authorize the City or municipalities generally to file for bankruptcy under Chapter 9. Chapter 9 does not authorize the filing of involuntary petitions against municipalities such as the City. Bankruptcy proceedings by the City could have adverse effects on Bondholders including (a) delay in the enforcement of their remedies, (b) subordination of their claims to claims of those supplying goods and services to the City after the initiation of bankruptcy proceedings and to the administrative expenses of bankruptcy proceedings, and (c) imposition without their consent of a reorganization plan reducing or delaying payment of the Bonds. The Bankruptcy Code contains provisions intended to ensure that, in any reorganization plan not accepted by at least a majority of a class of creditors such as the holders of general obligation bonds, such creditors will have the benefit of their original claims or the "indubitable equivalent." The effect of these and other provisions of the Bankruptcy Code cannot be predicted and may be significantly affected by judicial interpretations. Legal Matters Certain legal matters relating to the authorization and validity of the Bonds will be subject to the approving opinion of Hunton & Williams, Richmond, Virginia, Bond Counsel, which will be furnished at the expense of the City upon delivery of the Bonds, in substantially the form set forth as Appendix B (the "Bond Opinion"). The Bond Opinion will be limited to matters relating to authorization and validity of the Bonds and to the tax-exempt status of interest thereon as described in the section "Tax Exemption." Bond Counsel has not been engaged to investigate the financial resources of the City or its ability to provide for payment of the Bonds, and the Bond Opinion will make no statement as to such matters or as to the accuracy or completeness of this Official Statement or any other information that may have been relied on by anyone in making the decision to purchase Bonds. Tax Exemption Opinion of Bond Counsel In the opinion of Bond Counsel, under existing law, interest, including accrued original issue discount ("OLD"), on the Bonds (a) will not be included in gross income for Federal income tax purposes, (b) will not be an item of tax preference for purposes of the Federal alternative minimum income tax imposed on individuals and corporations; however, with respect to corporations (as defined for Federal income tax purposes) subject to the alternative minimum income tax, such interest is taken into account in determining adjusted current earnings for purposes of computing such tax, and (c) will be exempt from income taxation by the Commonwealth of Virginia. Except as discussed below regarding OlD, no other opinion is expressed by Bond Counsel regarding the tax consequences of the ownership of or the receipt or accrual of interest on the Bonds. Bond Counsel's opinion will be given in reliance upon certifications by representatives of the City as to certain facts relevant to both the opinion and requirements of the Internal Revenue Code of 1986, as amended (the "Code"). The City has covenanted to comply with the provisions of the Code regarding, among other matters, the use, expenditure and investment of the proceeds of the Bonds and the timely 1! payment to the United States of any arbitrage rebate amounts with respect to the Bonds. Failure by the City to comply with such covenants could cause interest, including accrued OlD, on the Bonds to be included in gross income for Federal income tax purposes retroactively to their date of issue. Original Issue Discount The initial public offering prices of each maturity of the Bonds maturing in the years .through (the "OlD Bonds") will be less than their stated principal amount. In the opinion of Bond Counsel, under existing law, the difference between the stated principal amount and the initial offering price of each maturity of OlD Bonds to the public (excluding bond houses and brokers) at which a substantial amount of such maturity of such Bonds is sold will constitute OlD. The offering prices set forth on the cover of this Official Statement for the OlD Bonds are expected to be the initial offering prices to the public at which a substantial amount of each maturity of such Bonds are sold. Under the Code, for purposes of determining a holder's adjusted basis in an OlD Bond, OlD treated as having accrued while the holder holds the Bond will be added to the holder's basis. OlD will accrue on a constant yield-to-maturity method. The adjusted basis will be used to determine taxable gain or loss upon the sale or other disposition (including redemption or payment at maturity) of an OlD Bond. Prospective purchasers of OlD Bonds should consult their own tax advisors as to the calculation of accrued OlD and the state and local tax consequences of owning or disposing of such Bonds. Other Tax Matters In addition to the matters addressed above, prospective purchasers of the Bonds should be aware that the ownership of tax-exempt obligations may result in collateral Federal income tax consequences to certain taxpayers, including without limitation financial institutions, property and casualty insurance companies, S corporations, foreign corporations subject to the branch profits tax, recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations. Prospective purchasers of the Bonds should consult their tax advisors as to the applicability and impact of such consequences. Prospective purchasers of the Bonds also should consult their own tax advisors as to the status of interest on the Bonds under the tax laws of any state other than Virginia. Litigation According to the City Attorney, there is no litigation of any kind now pending or, to the best of his information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or in any manner questioning the proceedings and authority under which the Bonds are issued or affecting the ability of the City to levy or collect ad valorem taxes without limitation as to rate or amount for the payment of the principal of or premium, if any, or interest on the Bonds. GenEral Fund The City is a named defendant in various litigation matters filed by parties concerning alleged personal injuries, property damage and other causes of action which are being vigorously defended by the City. In the opinion of the City Attorney, none of the pending litigation, if decided adversely to the City, would materially affect the City's financial position. Water and Sewer Enterprise Fund The City has prevailed in all litigation concerning the Lake Gaston Water Supply Project, which became operational in January, 1998, except for the following pending matter: 12 In January, 1984, the City filed suit in the United States District Court for the Eastern District of Virginia, later transferred to the United States District Court for the Eastern District of North Carolina, seeking a declaratory judgment that its withdrawals from Lake Gaston will not violate the riparian rights of certain owners of property on the Roanoke River. The suit has certified as a class action, and all riparian owners of property on the Roanoke River below Roanoke Rapids Dam, except for the United States and the State of North Carolina, have been enjoined from initiating any action alleging or seeking to establish that their riparian rights are or will be violated by the operation of the Lake Gaston Project. The suit was originally stayed until one year from the date the Lake Gaston Project became operational. The Project became operational in January, 1998. In light of the fact that the Federal Energy Regulatory Commission (FERC) is in the process of relicensing the Gaston-Roanoke Rapids hydroelectric facilities, the stay has been extended until one year after the effective date of a new FERC license for such facilities, or further order of the court. The aforesaid injunction remains in effect. Certificates of City Officials Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder (a) a certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes, over and above all other taxes authorized or limited by law and without limitation as to rate or amount on all locally taxable property within the City sufficient to pay when due the principal of or premium, if any, or interest on the Bonds or in any manner questioning the proceedings and authority under which the Bonds are issued, and (b) a certificate dated the date of delivery of the Bonds, stating that the descriptions and statements in this Official Statement (except in the subsection "Book- Entry System" and the section "Litigation" and the information as to yields on the cover page) on the date of this Official Statement and on the date of delivery of the Bonds were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made, not misleading, and that no material adverse change has occurred in the financial condition of the City between the date of this Official Statement and the date of delivery of the Bonds other than as contemplated in this Official Statement. Such certificate will also state, however, that such City officials did not independently verify the information indicated in this Official Statement as having been obtained or derived from sources other than the City and its officers but that they have no reason to believe that such information is not accurate. The City Attorney also will furnish to the successful bidder concurrently with the delivery of the Bonds a certificate dated the date of delivery of the Bonds, stating that the statements in the section herein "Litigation" on the date of this Official Statement and on the date of delivery of the Bonds were and are true and correct in all material respects and did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such statements, in light of the circumstances under which they were made, not misleading. Sale at Competitive Bidding The Bonds will be offered for sale at competitive bidding on March 8, 2000. After the Bonds have been awarded, the City will issue an Official Statement in final form to be dated March 8, 2000. The City will deem the Official Statement final as of its date, and the Official Statement in final form will be a "Final Official Statement" within the meaning of the Rule. The Official Statement in final form will include, among other matters, the identity of the winning bidder, the expected selling compensation to such underwriters and other information on the interest rates and offering prices or yields of Bonds all as supplied by the successful bidder. 13 Continuing Disclosure The City desires to assist the successful bidder in complying with the provisions of the Rule and has agreed to execute a continuing disclosure agreement to provide certain annual financial information and material event notices required by the Rule (collectively, "Continuing Disclosure"). As set forth in Appendix C, such undertaking requires the City to provide only limited information at specified times and does not require it to disclose all information that may affect the value of the Bonds. The City may choose to make additional information available from time to time, but has no obligation to do so. The City has never failed to comply in all material respects with any previous undertakings with regard to the Rule to provide certain annual financial information and material event notices. The City is required to file its annual Continuing Disclosure with each nationally recognized municiJal securities information repository (NRMSIRs") and to any state information depository ("SID") created in Virginia. No SID has been created for Virginia. The City is required to file any material event notice with (1) each NRMSIR or the Municipal Securities Rulemaking Board and (2) any Virginia SID. As of the date of this Official Statement, the SEC has recognized the following entities as NRMSIRs: Bloomberg Municipal Repositories 100 Business Park Drive Skillman, New Jersey 08558 Telephone: (609) 279-3225 Facsimile: (609) 279-5962 E-Maih Munis@Bloomberg.com Standard & Poor's J.J. Kenny Repository 55 Water Street, 45th Floor New York, New York 10041 Telephone: (212) 438-4595 Facsimile: (212) 438-3975 DPC Data Inc. One Executive Drive Fort Lee, New Jersey 07024 Telephone: (201) 346-0701 Facsimile: (201) 947-0107 E-Maih nrmsir@dpcdata.com Thomson NRMSIR Attn: Municipal Disclosure 395 Hudson Street, 3rd Floor New York, New York 10014 Telephone: (800) 689-8466 Facsimile: (212) 989-2078 E-Mail: Disclosure@tfn.com As described more fully in Appendix C, any Bondholder may take steps to enforce the obligation of the City to provide Continuing Disclosure, but any failure by the City under its obligation will not result in an event of default under the Bonds. Investors and other interested parties may contact any NRMSIR for additional information concerning its services. The City makes no representation as to the scope of the services provided to the secondary market by any NRMSIR or as to the costs for the provision of such services by any NRMSIR. 14 SECTION THREE: CERTAIN INFORMATION CONCERNING THE CITY Introduction The present City of Virginia Beach was formed on January 1, 1963, by the merger of Princess Anne County and the former smaller City of Virginia Beach. This merger created one of the largest cities in the Commonwealth of Virginia with an area of 310 square miles and 38 miles of shore line on the Atlantic Ocean and the Chesapeake Bay. The City covers the entire eastern border of Virginia south of the Delmarva Peninsula and includes all of the area from the Chesapeake Bay to the North Carolina border. The City of Virginia Beach now has the largest population of any city in Virginia. As a city on the eastern seaboard, Virginia Beach has always been known as a resort community. However, the strength of the City's economy lies in its diversification. Construction/real estate, light industry, wholesale and retail sales, agriculture, four major military bases, and resort and convention trade are the major aspects of the economy. The City encourages and supports this diversification. Virginia Beach is an independent, full-service city with sole local governmental taxing power within its boundaries. It derives its governing authority from a charter granted by the General Assembly of the Commonwealth of Virginia. The governing body of the City is the City Council, which formulates policies for the administration of the City. The current charter provides for a Council-Manager form of government. There is no overlapping debt or taxing powers with other political subdivisions. The water and sewage systems are operated on a self-supporting basis. The Executive Offices are located at the Municipal Center, Virginia Beach, Virginia 23456 (757) 427- 4242. The telephone number for the Finance Department is (757) 427-4681. Certain Elected Officials The City operates under the Council-Manager form of government as established by its Charter. There is an 11-member City Council vested with local legislative powers. Each member of the City Council is elected on an "at large" basis; however, seven seats must be filled by individuals who reside in the seven residence districts of the City. The City's Charter was amended in 1995 to provide that the City's seven boroughs would be replaced by these approximately equally populated residence districts. There is no district residency requirement for the remaining four seats. The Mayor is elected by the voters and occupies one of these four seats. The 1998 elections were the first in which members of City Council were elected from the new residence districts. In May of 1998, nine of the eleven seats were up for election. Of these nine seats, six were for four-year terms, and three were for two-year terms. In subsequent elections, all members of the Council will be elected for four-year terms, with the elections being held in even years for approximately half the seats. The Council elects a Vice-Mayor from among its members. The City Manager is the administrative head of the municipal government and carries out the policies of the City Council. The City Manager is appointed by the City Council and serves at the pleasure of the Council. The City Council also appoints members to certain boards, commissions, and authorities as it deems necessary to the operation of the City. School Board There is an 11-member School Board which until 1994 was appointed by the City Council. After Virginia Beach voters approved an elected School Board in 1992, the General Assembly adopted Chapters 594 and 612 of the 1993 Acts of Assembly which were signed into law by Governor Wilder on March 5, 1993. Chapters 594 and 612 are identical, providing for a change from an appointed School Board to an elected School Board in the City. The transition occurred for four borough and two at-large seats at the general election held in May 1994, and for three borough and two at-large seats at the general election held on May 7, 1996. Like the City Council, seven seats must be filled on the School Board by individuals who reside in the seven respective residence districts of the City. Each of the eleven elected School Board members shall be elected by the voters of the City at large. The City Charter was amended in 1995 to provide that the City's boroughs would be replaced by seven equally populated residence districts. The 1998 elections were the first in which School Board members were elected from the new residence districts. In May of 1998, nine of the eleven seats were up for election. Of these nine seats, six were for four-year terms, and three were for two-year terms. After 1998, all School Board members will serve four-year terms. The School Board exercises all of the powers conferred and performs all of the duties imposed upon them by general law. Elected Officials Meyera E. Oberndorf, Mayor Civic leader, former school teacher and radio broadcaster. Elected to City Council in 1976. Re- elected in 1980 and 1984. First elected Mayor on July 1, 1988, re-elected in 1992 and in 1996. Bachelor of Science degree in Elementary Education from Old Dominion University. William D. Sessoms, Jr., Vice Mayor Senior Vice President of Wachovia Bank, N.A.. Elected to City Council in 1988 to serve the two remaining years of an unexpired term, re-elected in 1990, 1994 and 1998. Bachelor of Science degree in Business Administration and Management from Virginia Commonwealth University. John A. Baum, Councilman Farmer, with an Agricultural Engineering degree from Virginia Polytechnic Institute and State University. Elected to City Council in 1972, re-elected in 1976, 1980, 1984, 1988, 1992 and 1996 (for a two-year term due to redistricting). Appointed on January 12, 2000, by City Council to fill the unexpired term of Harold Heischober, who resigned on January 1,2000. Linwood O. Branch, fi/, Councilman Owner/Manager of the Days Inn at the Beach. Elected to City Council in 1992. Re-elected in 1996 for a two-year term due to redistricting. Won re-election in 1998. Bachelor of Arts degree in Psychology from Randolph-Macon College. Margaret L. Eure, Councilwoman Co-founder of Eure Rentals, Incorporated and Eure Distributing, Incorporated. Elected to City Council in 1998 for a two-year term due to redistricting. Attended Kees Business College and the American Institute of Banking. William W. Harrison, Jr., Councilman Partner in the law firm of Willcox & Savage, P.C. Elected to City Council in 1994 and rs-elected in 1998. Received a Bachelor of Arts and Juris Doctorate degrees from the University of Virginia. Barbara M. Henley, Councilwoman Partner in Henley Farm LP. Former teacher in the City's public school system. Elected in 1978 to serve on City Council. Re-elected in 1982 and 1986. Served as Vice Mayor from 1982-1984. Won election to City Council in 1994 and re-elected in 1998. Graduate of Old Dominion University with a Bachelor of Science degree in Elementary Education and a Masters degree in Urban Studies. Louis R. Jones, Councilman Owner and operator of Hollomon-Brown Funeral Homes, Inc. Elected to City Council in 1982 and served as Mayor from 1982 to 1984. Re-elected to Council in 1990, 1994 and 1998. Bachelor of Science degree in Business Administration from the College of William and Mary, Norfolk Division (now Old Dominion University). Reba S. McClanan, Councilwoman Civic leader and former school teacher. Employed in the Virginia Beach Public School System from 1964 to 1968. Elected to City Council in 1980 and re-elected in 1984 and 1988. Served as Vice Mayor from 1984 to 1986. Won election to City Council in 1996 and 1998, each for a two-year term due to redistricting. Bachelor of Science degree from Berea College and Master of Science degree from Virginia Polytechnic Institute and State University. Nancy K. Parker, Councilwoman Co-owner of Parker Pools, Inc. Former teacher in the Virginia Beach Public School System 1968 to 1969 and 1971. Elected to the City Council in 1986, re-elected in 1990, 1994 and 1998. Bachelor of Science degree in Education from Old Dominion University. A.M. "Don" Weeks, Councilman President of Legacy Properties. Elected to the City Council in 1998 for a two-year term due to redistricting. Bachelor of Science degree in Business Education from Old Dominion University. Certain City Council Appointees and Administrative Staff Members The City Manager is responsible for planning, organizing, directing, and coordinating all activities of the City. The City Manager is also responsible for appointing and discharging all City employees and officers, though responsibilities may be delegated to subordinates. A major responsibility of the City Manager is the preparation of the annual City Operating Budget. The City Attorney has management, charge, and control of all legal business of the City. The City Attorney is chief legal advisor to the City Council, the City Manager, and all City departments and agencies. It is the duty of the City Attorney to advise the City Council concerning the legality of actions by the City and to represent the City in all matters affecting its interest. It is the responsibility of the Real Estate Assessor's Office to annually appraise all real property in the City. In addition, this office administers the Land Use Assessment Program for qualifying farm an'd forest lands and processes the Tax Exemption Program for qualifying senior citizens and disabled perso~s. The City Clerk's Office is responsible for recording and maintaining all legislative documents and actions of the City Council. 17 Appointed Officials James K. Spore, City Manager since November 25, 1991 Previously served as City Manager of Garland, Texas (1985 to 1991), and Burnsville, Minnesota (1981 to 1985). Also served as the Director of Community Development for the City of Lakewood, Colorado (1976 to 1981), and the City of Elgin, Illinois (1970 to 1976). Master of Public Administration degree, University of Colorado, Boulder; Master of Urban Planning degree, University of Illinois, Urbana. Leslie L Lilley, City Attorney since October 31, 1989 Previously Assistant City Attorney for the City from 1987 to 1989. Employed as associate with the law firm of Taylor, Walker & Adams, P.C., from 1983 to 1987. Served as Assistant Commonwealth's Attorney for the City from 1979 to 1983. Served as Assistant to the City Manager for intergovernmental Relations from 1974 to 1976. Served as Budget Officer for the City from 1972 to 1974. Bachelor of Science degree in Business Administration from University of Richmond, Virginia (1971), Master of Business Administration degree from College of William & Mary (1972), and Juris Doctor degree from T. C. Williams School of Law, University of Richmond, Virginia (1978). Ruth ~odges Smith, City Clerk since January 1, 1979 Certified Municipal Clerk, Bachelor of Arts degree in Administration from Potomac State College of West Virginia University. Patricia A. Phillips, Director of Finance since April 16, 1992 Previously served as Director of the Office of Research and Strategic Analysis from 1975 to 1992. Also served as a public accountant for Coopers and Lybrand from 1970 through 1975. Bachelor of Science degree in Business Administration, Magna Cum Laude, Old Dominion University. Master in Business Administration degree, Old Dominion University. Certified Public Accountant since 1972. Governmental Services and Facilities The City provides general governmental services for its citizens including police and fire protection, collection and disposal of refuse, water and sewer services, parks and recreation, libraries/culture, and maintenance of streets and highways. Other services provided by the City, which receive padial funding from the State, include public education in grades kindergarten through twelfth, and certain technical and special education, mental health assistance, health and social services, agricultural services, and judicial activities. The City's main municipal complex includes eight general administrative buildings, a school administration building, a public safety building, a city jail, a judicial complex, a City garage complex, a highway maintenance facility, a public utilities operational maintenance facility, a waste management facility and a farmer's market. There are four police precincts, 18 fire stations, one fire training center, one central library along with six area libraries, 203 developed city parks, and 85 elementary and secondary schools located throughout the City. Some of the other major facilities provided by the City include a convention center, the Virginia Marine Science Museum, six recreational centers, a tennis complex, three municipal golf courses, and a farmers' produce market. Recently, the City opened a 6,000 seat multipurpose sports stadium and an amphitheater, which books approximately 35 entertainment events a year. The City of Virginia Beach provides a comprehensive range of public services characteristic of its position as the most populous city in the Commonwealth of Virginia. City of Virginia Beach - Operating Structure Electorate July 15, 1999 I School Board I I Chief of Staff Human Resources Audit Services I Icity Council VCC (Virginia Beach Quality Service System Coordinating Center) Volunteer Council i Information Technology I and Communications Public Libr~es Convention and Visitor Development Economic Development Finance Management Services Museums and Cultural Am Planning and Community Development I Constitutional Officers City Treasurer Commissioner of Revenue Clerk of Circuit Court Sheriff Commonwealth's Attorney Stale Appointed Officials Coum/Coun Services Unit General Registrar Magistrate I IChief Operating 1 Officer I Agriculture Emergency Medical Services Fire General Services HousinS & Neighborlmed Preservation Mental Health/Menial Retardation/ Substance Abuse Parks and Recreation Police Public Health Public Utilities Public Works Social Sen, ices City of Virginia Beach - Planning Structure I City Manager Chiefs Management Leadership Team (MET) Land Planning Team July lC, 1999 19 Overview of Governmental Organization and Selected Functions Since 1990, the City's government organizational structure has changed in response to the challenges of increased demand for quality service, infrastructure needs, potential reductions in state and federal funding and a slowdown in population and revenue growth. From 1991 to 1995, the City of Virginia Beach government administration was organized into management teams to assist the City Manager in the operations of the City and the delivery of services to citizens. A Management Leadership Team ("MLT") also was established in 1991 to assist the City Manager with organizational issue identification and resolution. Since 1991, the MLT has evolved and is now the executive body of government, including the City Manager, the Chief Operating Officer, the Chief of Staff, the Chief Information Officer and the Chief Financial Officer, which integrates and aligns the organization to address City Council's Destination Points and the major components of the Virginia Beach Quality Service System (Business Strategy, Comrron Management, System Processes, Organizational Learning and Development, Citizen Communication and Interrelationships, Member Communication and Interrelationships and Indicator System). In 1995, the City expanded this team management approach. The Virginia Beach Quality Service System ("VBQSS") was developed as a way to organize the planning structure of the government and expand the team management approach. It is an evolving system that continues to adapt and change based on the needs of the City's customers. It does not replace the existing departments and vertical hierarchy, but supplements it with a cross-functional process. In 1995, staff work on City Council's Destination Points initiative resulted in the creation of six businesses and five commons areas. These six business areas were adopted by City Council to reflect the manner in which the City does "business." The six businesses of the City are: Economic Vitality, Safe Community, Quality Physical Environment, Quality Education and Lifelong Learning, Cultural and Recreational Opportunities, and Family and Youth Opportunities. The ownership of these six businesses of the City were assigned to Strategic Issue Teams. Commons Policy Teams also were established to lead and manage the City's resources common to all departments. Commons Policy Teams address the following resources: Budget and Financial Resources, Facilities and Land, Human Resources, Information Technology and Public Relations and Marketing. Commons Policy Teams identify issues and long term needs of the organization, prioritize such needs and make final recommendations to the City Manager and the MLT. In August 1998, a "Strategy to Achieve City Council's Vision for the Future" was published and distril:uted throughout the organization. There are two main focuses of the Strategy: the Community and the Government Organization. This document further defines the work of the VBQSS and the vision for the community. In May 1996, the City received the National Innovation Award, presented by the Los Angeles American Society of Public Administration and the Transforming Local Government Conference in Long Beach, California. The City was one of six cities nationwide selected to present a case study at the conference. This national award recognizes Virginia Beach's excellence and innovation in organizational development, strategic planning, quality initiatives and process management. In April 1999, the City was recognized for its efforts to implement the VBQSS by receiving the Medallion Award from the 1998 U.S. Senate Productivity and Quality Award in the public sector category for the Commonwealth of Virginia. Functional Departments The Department of Agriculture provides educational and regulatory services in agriculture, home economics, 4-H, and community resource development. The department has three major divisions. 20 Virginia Tech extension services offers educational programs and technical information on agriculture and horticulture. The Division of Environmental Services provides expert information on soil and vegetation. The Farmer's Market provides a place for the sale of goods and products of local farmers and craftsmen and for the provision of farm-related community activities. The function of the Department of Communications and Information Technology is the processing and electronic storage of information used in the daily business of the City. The department collects, organizes and disseminates information to all City departments, City agencies, and the public school system. It also provides consulting services in related areas to municipal users to assist them in formulating goals, objectives and long-range plans. The department also manages school and City video production services and facilities and provides information to the community on municipal government and the public school system through daily cablecasting of programs on the City's Municipal Cable Access Television Station, Channels 47 and 48. In 1988, the Tourist Development and Convention Promotion divisions of the Economic Development Department were reorganized and formed a new department named the Convention and Visitor Development Department. This department coordinates the advertising and promotion of tourist activities and is responsible for bringing meetings, conferences, and conventions of large groups to Virginia Beach. The department operates a Visitor Information Center and the large convention center known es the Pavilion. Over 2.7 million tourists and conventioneers visited Virginia Beach in calendar year 1998, spending an estimated $568.0 million and generating over $43.7 million in tax revenues. The Economic Development Department promotes and encourages the economic growth and diversity of the City. The department works with the Virginia Beach Development Authority to attract business and industry to Virginia Beach and to develop sites for new or expanding businesses in the City's Business/Industrial Parks. The department was named one of the top ten development organizations in the nation for 1990 by Site Selection and Industrial Development magazine. The Department of Emergency Medical Services coordinates the pre-hospital emergency care provided by the 11 volunteer Rescue Squads. In Fiscal Year 1999, it answered over 25,000 calls for medical assistance. This care includes rapid, safe response to the scene, proper treatment of the victim, and prompt transfer to a hospital. The department also provides all rescue squad training and coordinates the use of specialized resources including police, fire, hospital personnel, dispatchers, and the Nightingale Air Ambulance to deal with medical emergencies in the City. Approximately 760 volunteers were active with the rescue squads in 1999. The Department of Finance oversees the financial affairs of the City and ensures the financial integrity of City operations. Departmental services include: payment of all City and School Board bills; maintenance of accounting records; payment of all City employees and administration of employee benefits; provision of insurance and self-insurance; maintenance of the City's fixed assets inventory; procurement of all equipment, materials and services for all city agencies; and coordination and administration of the City's long-term debt program. The City's Fire Department, which is responsible for both fire prevention and fire suppression, handled over 20,130 fire and rescue incidents in Fiscal Year 1999. The City's firefighters perform the actual emergency responses to fires from the City's 18 fire stations. In addition, 114 available volunteer firefighters with proper training from the City's fire training center provide a significant manpower contribution to the firefighting force. The Emergency Services Office, whose normal daily operations are overseen by the Fire Department, is responsible for protecting the lives and property of Virginia Beach citizens during a major emergency disaster. The Office of the General Registrar is responsible for providing an accessible and fair means by which City residents can register and vote. Maintaining 288,527 records, this office makes appropriate 2! changes and/or deletions as required by law. The number of registered voters was approximately 225,588 as of October 31, 1999. The Department of General Services provides support functions for City departments. General Services consists of three major units: Building Maintenance, Landscape Services and Internal Service Support for Automotive Services, Records Management and Mail Distribution. The Department of Housing and Neighborhood Preservation designs programs involving capital improvements, new construction, and rehabilitation to revitalize areas. The department administers the State program, which subsidizes rent up to 70 percent for qualified tenants and the Urban Preservation and Infill Program, which provides permanent mortgage financing to qualified persons in specified areas. In addition, the Zoning Enforcement Unit interprets and ensures compliance with the City zoning ordinance and other sections of the City Code related to land use. The Department of Human Resources is responsible for developing and managing the City's personnel management programs to ensure an effective delivery of services by the workforce. The department provides services in applicant counseling, recruitment, testing, volunteer referrals, policy interpretations, fringe benefits, grievance procedures, disciplinary action, career counseling, professional development, compensation, employee safety, and occupational health services. The Juvenile Probation Office provides support services to the Juvenile and Domestic Relations District Court. The office provides probation supervision, intake services, and parole services for juveniles. It provides court support by processing petitions and preparing social background investigations. The Department of Management Services develops and oversees the City Operating Budget and Capital Improvement Program. The department provides assistance and direction to City departments for any amendments to the above programs. The department reviews and recommends alternative budget formats, provides multi-year forecasting of revenues and expenditures, evaluates City programs and services and assists departments in management issues. The Department of Mental Health/Mental Retardation/Substance Abuse carries out its mission of strengthening the health and prosperity of the community by planning, developing, implementing, managing and evaluating a system of mental health, mental retardation and substance abuse programs, services and facilities within the policies of the Virginia Beach Community Services Board. The Department and the Board work to develop a system of preventative, developmental, therapeutic, and training services to meet the mental health needs of Virginia Beach citizens. This is accomplished through program coordination with the Eastern State Hospital, Southeastern Virginia Training Center for the Mentally Retarded, the private sector, and general community. The Department of Museums and Cultural Arts operates the Marine Science Museum and The Francis Land House and provides support services to the Arts and Humanities Commission. The Virginia Marine Science Museum first opened in 1986 and was expanded to three times its original size in 1996. This newly renovated 120,000 square foot facility has doubled its attendance and takes visitors on a journey of water through Virginia's marine environment by way of exhibits that include a 300,000 gallon shark aquarium, live otters, seals and many hands-on experiments. It also includes one of the nation's few 3-D IMAX theaters. The purpose of the Francis Land House is to collect, preserve and present historically accurate material reflecting life in eighteenth century Princess Anne County. The house is also used for official City receptions. Approximately 15,000 visitors tour the house each year. The Arts and Humanities Commission serves in an advisory capacity to City Council on matters relating to the arts. The Commission administers public funds to arts organizations and monitors grants to assule fiscal responsibility. 22 The deWitt Cottage, built in 1895, is the last beach cottage on the resort oceanfront and is listed in the National Historic Register. The City recently joined forces with two private groups to acquire and renovate the cottage. The Back Bay Wildfowl Guild now operates the building as the Atlantic Wildfowl Art Museum. Additionally, the department oversees two other properties, the Contemporary Art Center of Virginia and the Old Coast Guard Station Museum, which are owned by the City and operated by private, non-profit groups. The Department of Parks and Recreation conducts a wide range of high quality, year-round leisure time programs that are responsive to the physical, mental and cultural needs of the citizens of Virginia Beach. The department consists of the Parks Division and the Recreation Division. In Fiscal Year 1999, the Department generated revenues of over $10.1 million through its various programs and activities. The Parks Division plans, acquires, constructs, and maintains parks, playgrounds, public beaches, golf courses, and open spaces. There are 203 developed City parks, 186 of these are classified as neighborhood parks, 9 are classified as district parks and 8 are classified as community parks. The Recreation Division has responsibilities in the following areas: providing recreation and leisure services to adults, senior citizens, and youths; organizing well-rounded athletic programs for persons from ten years of age and older; providing all disabled citizens the opportunity to receive the benefits of recreation and leisure in the least restrictive environment; operating a series of recreation centers located throughout the City; and providing classes in the Performing Arts. The Department of Planning and Community Development provides policy and operational planning support in the areas of transportation, land use, zoning, and environmental protection and mana(jement. The department is responsible for maintaining a long-range Comprehensive Plan which provides guidance for the physical development of the City. The department reviews subdivision plans, site plans, and land management plans and prepares the monthly Planning Commission Agenda. Its division of Development Services provides customer-oriented management of plan review, utility, right-of- way, moving and hauling permit issuance and surety administration. The division of Environmental Management coordinates many of the City's environmental programs and serves as a point of contact for information and liaison with the community on environmental issues. The department through its Permits and Inspections Division ensures compliance with City and/or state building code standards with the inspection of all construction in the City. The Police Department is composed of five major units: Administration, Support, Operations, Communications and Special Investigative Divisions. The department operates through four precincts located throughout the City. Virginia Beach's crime rate for 1998 was 41.0 crimes per 1,000 population. Furthermore, in 1998, according to a Federal Bureau of Investigation report, Virginia Beach recorded the lowest "part-one" crime rate among cities with 350,000 to 850,000 population. The Department of Public Health is responsible for promoting the best possible state of health for all Virginia Beach citizens. The department assumes primary responsibilities for providing protective, curative, and environmental health services when not otherwise provided by the private sector. The Public Health Department offers services and clinics in the areas of pediatrics, dentistry, family planning, immunizations, home nursing, maternity, chest x-rays, venereal disease, health education, and environmental health. The Department of Public Libraries manages six area libraries along with a 95,000 square foot Central Library. The departments outreach services include a bookmobile, and special services for homebound and disabled citizens including a subregional library for the blind and handicapped. The department's other support services include a municipal reference library and a law library. During 1990, the City completed the construction of the Kempsville Library and the Pungo/Blackwater Library, for a total library system of 163,400 square feet. 23 The Department of Public Utilities provides water and sewer service to City residents. Its responsibilities include the installation and maintenance of more than 2,822 miles of water and sewer lines. The Department coordinates the engineering and administration for development of raw water supplies for the City and oversees the City's water conservation programs. The Department of Public Works oversees the design and construction of new City structures and transportation systems, maintains a large portion of the City's infrastructure (e.g., roadways, bridges, storm water systems, beaches and traffic control devices), and provides for collection, recycling and disposal of solid waste. The administration of the storm water management utility is also included as a responsibility of the department. The Department of Social Services provides opportunities for citizens in need to achieve self- support and self-sufficiency. The department provides programs for children in child protection and prevention services, aid to dependent children and foster care. To assist adults, the department has programs in employment services, care for the elderly and emergency needs services. In addition, it operates the Pendleton Child Service Center, a community treatment agency serving children of Virginia Beach and Chesapeake, ages 12 and under, who are exhibiting serious antisocial and maladaptive behaviors in the home, school and/or community. The Volunteer Council coordinates the use of volunteers throughout City departments. Year 2000 Matters The City is not aware of any significant adverse effects on it or its operations as a result of the date transition from 1999 to 2000. The City's efforts to prepare for this transition and anticipated Year 2000 computer problems did not identify any material problems expected to arise after the new year. Population Economic and Demographic Factors Based on the April 1990 census conducted by the U.S. Census Bureau, the population of the City of Virginia Beach was 393,089. This census established Virginia Beach as the most populous city in the Commonwealth of Virginia. The following table presents population figures for selected years. POPULATION AND RATE OF CHANGE VIRGINIA BEACH AND THE UNITED STATES SELECTED YEARS Year Virginia Beach 1950 47,667 1960 85,200 1970 172,106 1980 262,199 1990 393,089 1991 398,117 1G92 404,822 1993 410,607 1994 416,662 1995 421,517 1996 425,605 1997 430,485 1998 435,550 1999 439,889 Sour~s: City Depadment ~ Planning, U.S. Department of ~ United States Rate of Change N/A 150,697,361 N/A 78.71% 178,464,236 18.43% 102.00 203,211,926 13.87 52.35 227,225,000 11.82 49.92 249,398,000 9.76 1.28 252,106,000 1.09 1.68 255,011,000 1.15 1.43 257,795,000 1.09 1.47 260,289,000 0.97 1.17 262,765,000 0.95 0.97 265,190,000 0.92 1.15 267,744,000 0.96 1.18 270,299,000 0.95 1.00 272,878,000 0.95 Commerce, U.S. Census Bumauand BumauofEconomicAnalysis. 24 FIVE MOST POPULOUS CITIES IN VIRGINIA City ~ 2000 Po~3ulation (Estimate) Virginia Beach 393,089 436,000 Norfolk 261,250 225,000 Richmond 202,798 192,000 Newport News 171,439 181,000 Chesapeake 151,982 207,000 Sources: U.S. Census Bureau for 1990 figures; Weldon Cooper Center for Public Service, University of Virginia, Charlottesville, Virginia, for 2000 estimates. Income Presented below are tables of per capita income and personal income for selected years. PER CAPITA INCOME 1970 1980 1990 1996 1997 1998 Virginia Beach $4,015 $10,397 $19,511 $23,479 $24,425 N/A Norfolk 3,655 8,820 15,048 19,522 20,221 N/A Chesapeake 3,330 9,016 17,464 20,585 21,457 N/A Portsmouth 3,159 8,619 15,269 18,492 19,648 N/A Commonwealth of Virginia 3,768 9,922 20,008 24,950 26,109 27,489 United States 4,072 10,030 19,142 24,164 25,288 26,482 Source: United States Department of Commerce, Bureau of Economic Analysis. Most recent information available. TOTAL PERSONAL INCOME (in $ Million;) 1970 1980 1990 1996 1997 1998 Virginia Beach $696 $2,753 $7,773 $10,072 $10,531 N/A Commonwealth of Virginia 17,561 53,267 124,325 166,351 175,911 186,686 Virginia Beach as a percent of state 4.0% 5.2% 6.3% 6.1% 6.0% N/A Source: United States Department of Commerce, Bureau of Economic Analysis. Housing and Construction The data in the tables below are presented to illustrate various housing characteristics for the City. As of January 1, 1999, the total estimated number of dwelling units in the City was 159,477, excluding military housing. Single-family units represented 59 percent of this total. The distribution of all dwelling units is as follows: DWELLING UNITS BY TYPE (Estimated As Of January 1, '1999) Units Percent Single Family 93,921 59% Duplex 4,430 3 Townhouse 19,664 12 Multi-Family 41.462 . 26 Total 159.477 100% Note: Does not include Military Combined Units. Source: City Department of Planning. In calendar year 1999, the City issued 19,174 permits valued at $455,353,722. The following table presents a further breakdown on building permits. NUMBER OF BUILDING PERMITS ISSUED AND VALUE Calendar Year ~(1) ..C_g. EED..eEGJ.al Industrial Other ~ztal_V_aJ.l~ 1990 1,582 922 3 12,229 1991 1,390 802 8 12,433 1992 1,480 825 7 14,361 1993 1,722 826 4 16,605 1994 1,379 740 9 16,257 1995 1,515 813 21 16,499 1996 1,409 1,011 25 18,750 1997 1,276 1,050 33 18,701 1998 1,553 1,111 32 19,597 1999 1,305 1,100 32 16,737 $364,313,097 252,723,848 267,009,962 282,255459 279,298 570 336,173 287 342,592 049 367,505 973 466,077 774 455,353 722 Source: City Department of Permits and Inspections. (~) One residential building permit does not necessarily equal one residential unit; in many instances one permit is for multiple residential units. The table below presents annual construction information for the City, including the number and assessed value of residential and commercial units. Residential and commercial construction during Fiscal Year 1999 totaled 2,531 residential building units and 1,097 commercial construction permits for a total value of $312,745,994. NEW CONSTRUCTION: NUMBER OF UNITS AND ESTIMATED VALUE Residential Construction Commercial Constructioll Fiscal Number of Estimated Number of Estimated Total Estimated Year Unite Value Permits Value Value 1990 3,265 $194,529,071 942 $162,173,281 $356,702,352 1991 1,957 175,002,369 826 51,636,092 226,638,461 1992 1,917 247,427,799 851 79,186,301 326,614,100 1993 1,791 171,130,203 849 84,052,676 255,182,879 1994 2,016 202,992,500 730 37,066,141 240,058,837 1995 1,508 127,310,613 656 44,219,224 171,529,837 1996 2,330 216,411,267 933 107,463,288 323,874,547 1997 1,562 182,876,814 1,020 79,169,401 262,046.215 1998 1,783 253,002,425 1,092 112,734,060 365,736,485 1999 2,531 234,502,724 1,097 78,243,270 312,745,994 Source: City Department of Permits and Inspections. Employment Private employers in the City provided jobs for 135,772 persons in the first half of 1999. The following table presents the number of establishments, employment, and quarterly gross wages for the first half of 1999. CITY OF VIRGINIA BEACH NUMBER OF ESTABLISHMENTS, EMPLOYMENT AND QUARTERLY GROSS WAGES QUARTER ENDED JUNE 30, 1999 Average Number of Average Emp. Quarterly Weekly Wages Industry GrQu_~ Establishmerlts for Quarter Gross Waqes P_.e.[_E1:!]g[~Zy_e~ Private ~,griculture, Forestry, Fishing and Mining 200 1,539 $ 6,626,258 $331 Mining .... Construction 1,270 11,721 84,701,104 556 Manufacturing 184 5,9!2 41,148,789 535 Transportation, Communications and Utilities 318 5,991 44,710,276 574 Wholesale and Retail Trade 2,825 45,254 190,280,702 323 Financial, Insurance and Real Estate 1,041 11,860 92,084,457 597 Services 3.753 53.462 ~ 453 Total Private 9,593 135,772 $774,251,352 $439 Public State Government 26 1,611 10,587,007 $506 Local Government 40 17,839 132,561,933 572 Federal Government 23 5.007 38.618.314 593 Total Public 89 24,456 181.767.254 $572 TOTAL 9,682 160,226 $956.018.60~ Source: Virginia Employment Commission, Economic Information Services Division. Note: Excludes non-civilian employment and wages at military installations located within the City. * Pursuant to the Virginia Unemployment Compensation Act, Title 60.3, Code of Virginia, Sections 60.2-114 and 60.623, certain data is suppressed within the mining, agricultural, manufacturing, services and non-classifiable categories. 27 The following table is a breakdown of employment by sector in the City of Virginia Beach. EMPLOYMENT BY SECTOR AS A PERCENTAGE OF TOTAL QUARTER ENDED JUNE 30, 1999 Services Trade Government Construction Financial, Insurance and Real Estate Manufacturing Transportation, Communication and Utilities Agriculture Total 33.4% 28.3 15.3 7.3 7.4 3.7 3.7 0.9 100.0% Source: Virginia Employment Commission, Economic Information. As illustrated in the table below, the unemployment rate for the City has been consistently lower than the rates for the Metropolitan Statistical Area (MSA), the Commonwealth of Virginia and the United States. ANNUAL AVERAGE UNEMPLOYMENT RATE 1995 to t999 1995 Virginia Beach 4.3% USA (2) 4.9 Commonwealth of Virginia 4.5 United States 5.6 1996 1997 1998 1999 (l) 4.1% 4.0% 2.8% 2.3% 4.8 4.8 3.5 3.0 4.4 4.0 2.9 2.8 5.4 4.9 4.5 4.1 Source: U.S. Department of Labor, Bureau of Labor Statistics. 1999 figures are as of December. MSA includes the Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg and the Counties of Gloucester, Isle of Wight, James City, Mathews and York. Also includes Currituck County, North Carolina. Business and Industry The City has five major concentrations of office, industrial and commercial property - Airport Industrial Park, Greenwich/Witchduck Corridor, Central Business District/Pembroke area, Oceana West Corporate Park/Lynnhaven Corridor, and Corporate Landing. Airport Industrial Park. The park encompasses 250 acres with 4 million square feet of light industrial and office space. National and international manufacturing, warehousing and distribution operations are located here. Greenwich/Witchduck Corridor. The Greenwich/Witchduck corridor currently contains 1.3 million square feet of Iow and mid-rise suburban office space in business parks including Koger East Business Park, Corporate Woods and Commerce Park that house corporate headquarters and business operations of many types. The Corridor currently contains 1.8 million square feet of light industrial space and facilities housing regional warehousing and distribution operations. Central Business District/Pembroke Area. The CBD encompasses 500 acres and 1.9 million squar3 feet of mid and high-rise office space in business parks including Columbus Center, Pembroke 28 Office Oark and Corporate Center. 150 acres are presently available for development and an additional 150 acres are to be recycled in the future. Corporate citizens in the area include six of the seven largest law firms in Virginia Beach as well as numerous financial, information processing and professional services firms. Ocean West Corporate Park/Lynnhaven Corridor. The park encompasses 1,100 acres and currently contains 1.4 million square feet of Iow and mid-rise suburban office space and 3.8 million square feet of light industrial space. 220 acres are presently available for development. Corporate citizens in Oceana West and adjacent business parks including Reflections, Lynnhaven Industrial Area, Oceana East and Oceana South Industrial Parks comprise a wise variety of domestic and foreign firms, including corporate headquarters and manufacturing, warehousing and distribution operations. Corporate Landing. The park encompasses over 300 acres and is owned and operated by the Virginia Beach Development Authority. 125 acres are presently available for headquarters, professional services, research and development, office buildings, retail and two conference centers. Corporate citizens include world headquarters, regional offices, and high-tech manufacturing. This master-planned, multi-faceted park contains 38 acres of lakes, jogging trails, green space and recreational opportunities. Throughout Virginia Beach there are many additional smaller nodes of office and commercial activity including Little Neck, Oceanfront, Birdneck/Laskin Road, First Colonial and Kempsville. Firm Lynnhaven Mall Pembroke Mall Christian Broadcasting Network & Founders Inn Tidewater Health Care GEICO Direct Lillian Vernon Corp. Sentara Hospital Bayside and Health Management Avis Rent a Car System, Inc. Stihl, Incorporated ARVON U. S. Postal Service The Virginian-Pilot Abacus Communications, LP Bell Atlantic Corporation Navy Exchange Service Command (NEXCOM) M&G Electronics Corporation CITY OF VIRGINIA BEACH MAJOR PRIVATE EMPLOYERS GREATER THAN 500 EMPLOYEES T_vDe of Business Retail Trade Retail Trade Education & Communications Medical Services Automobile Insurance Catalog Fulfillment Center Medical Services National Processing Center Manufacturing of Portable Outdoor Power Equipment Professional Staffing Services Postal Delivery Newspaper Telecommunications Sales and Installation Public Utility Corporate Headquarters for Navy Exchange System Manufacturing of Wiring Harness Sets Number of Em.~loyees 3,000 2,300 1,932 1,800 1,700 1,500 1,200 800 800 7OO 7OO 7O0 54O 5OO 5OO 500 Source: Department of Economic Development, August 1999. Retail Sales The table presented below is a summary of the City's taxable retail sales; it does not include sales which are exempt from tax. Specifically exempt from the sales tax under Sections 58-441.6 of the Virginia 29 Retail Sales and Use Tax Act are sales of alcoholic beverages in government stores; sales of certain motor vehicles, trailers and semitrailers, mobile homes, and travel trailers; and sales of certain motor vehicle fuels. Also, the figures do not include non-taxable sales on military bases in the City estimated to be in excess of $125,000,000 annually. REGISTERED RETAIL/VVHOLESALE ESTABLISHMENTS AND TAXABLE SALES Registered Retail Establishments Taxable Retail Sales 1990 7,258 $2,372,539,391 1991 7,331 2,384,755,654 1992 7,468 2,422,907,525 1993 7,397 2,628,871,288 1994 7,431 2,810,901,704 1995 7,504 2,948,967,853 1996 7,617 3,021,817,302 1997 7,642 3,172,382,057 1998 7,699 3,343,759,258 Source: Virginia Department of Taxation Tourism and Convehtions In calendar year 1998, an estimated 2.7 million people visited the resort city and spent approximately $568 million during their stay for accommodations, meals, entertainment and other services. Approximately $43.7 million accrued to the City in the form of tax revenues. Several thousand City businesses employ approximately 20,000 full-time and part-time employees in the travel and tourism market. The City is evolving into a year-round destination. In 1998, 55% of visitors, 64% of the room nights and 51% of tourist spending came in September to May. Statistics for 1998 show that 200,277 convention and trade show delegates attended 512 meetings at the Convention Center and at the City's more than two dozen conference hotels, producing $66.5 million in gross revenue. Of this amount $3.6 million went directly to the City as tax revenue. Tourism and convention activity generate tax revenue for the City, particularly in the form of a hotel room and meal tax and a restaurant tax, as illustrated in the table below: 30 HOTEL ROOM AND MEAL TAX AND RESTAURANT TAX RECEIPTS FISCAL YEARS 1990 THROUGH 1 Total Tax Recei.Dt~ 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Source: City Director of Finance. $20,465 279 20,633 367") 22,356 705 23,205 359c21 25,594361 26,484147 28,595,940 30,512 485 32,475 690 33,740 422 The restaurant tax was Increased from four to four and one-half percent, effective May 1, 1991. The hotel room and meal tax was increased from four and one half to five percent, effective May 1, 1991. In support of the Tourism Growth Investment Fund, the hotel room and meal tax was increased from five to five and one-half percent, effective January 1, 1993. Military - UPDATE? Four military bases in Virginia Beach have an approximate 1998 combined annual payroll of $913 million for 32,000 armed services and civilian workers. While some military activities in the area have been identified for elimination and relocation, the region has been identified as a site for centralized command and training for military forces based in the United States. Oceana Naval Air Station Oceana Naval Air Station is the only air station in the United States with F-14 Tomcats. The Master Jet Base has 13 strike fighter squadrons with some 230 aircraft and over 8,000 personnel. A complex of over 6,000 acres with the longest runways in Hampton Roads, and located near the warming currents of the Atlantic Gulf Stream, enable Oceana to operate when other fields cannot. The largest employer in Virginia Beach, the air station has a gross annual payroll of over $244 million and spends another $156 million on goods and services. The annual Neptune Festival Air Show is usually held the third week of September. Little Creek The Naval Amphibious Base, Little Creek, the largest base of its kind in the world, is the major operating base for the amphibious forces of the United States Atlantic Fleet. Little Creek has an annual payroll of $215 million for approximately 8,948 military personnel and 2,800 civilian employees. Fort Story Fort Story is an Army base established as a coast artillery post in 1917. The primary mission is to provide unique training facilities for the conduct of amphibious training, to serve as the Army's Logistics- Over-The-Shore (LOTS) training and testing site, and to test new doctrines, concepts and equipment. Fort Story is also utilized by Navy and Marine tenants and as a periodic training site for active and reserve Army, Navy, Marine, and Air Force units and ROTC detachments. Fort Story has an annual payroll of approximately $60 million for 1,977 military personnel and 200 civilian employees. 31 Dam Neck Fleet Combat Training Center, Atlantic, Dam Neck's primary mission is to provide training in the operation and employment of combat direction and control systems. The average base population is 5,000 persons and the total military and civilian payroll is approximately $98 million. Source: Public Affairs Officers at each Military Base. Medical Facilities As of February 2000, thero were two major hospitals in the City with a combined total of 432 beds. In addition, there were 19 emergency centers for medical assistance. Approximately 928 doctors and 216 dentis'.s practice in the City. Agribusiness In 1998, the economic impact of the agricultural community was estimated at more than $51.1 million, based on products valued at approximately $16 million. There are 156 farms in the City with approximately 32,700 acres of land under cultivation. Education Available within the City is a wide variety of educational facilities including public elementary, junior and senior high schools, private and parochial schools, and three colleges. In terms of public enrollment, the City's public school system is the largest city school system in the Commonwealth of Virginia. PUBLIC EDUCATION FACILITIES June 30, 1999 53 13 10 1 1 1 1 1 1 1 1 1 Elementary Schools Middle Schools Senior High Schools Technical and Career Education Center Center for Effective Learning Virginia Beach Central Academy Center for the Gifted and Talented Adult Learning Center Open Campus High School Kemps Landing Magnet School International Baccalaureate Magnet Center Ocean Lakes High School Math/Science Center Source: Business Services Office, Virginia Beach Public Schools Public Schoo~ The City's Public school March 31 average daily membership totaled 76,949 for the 1998-99 school year, an increase of .19 percent over the previous year. Summarized below are the total annual enrollment and the annual percentage change for the period from school year 1989-90 to school year 1998-99. PUBLIC SCHOOLS STUDENT POPULATION SCHOOL YEARS 1989-90 TO 1998-99 School Yee. r Number of Students 1989-90 67,835 1990-91 69,616 1991-92 71,950 1992-93 73,332 1993-94 74,251 1994-95 75,264 1995-96 75,898 1996-97 76,265 1997-98 76,805 1998-99 76,949 2.42% 2.63 3.35 1.92 1.25 1.36 .84 .48 .71 .91 Source: Business Services Office, Virginia Beach Public Schools Private and Parochial Schools There are 16 private and parochial schools in the City. Approximately 4,903 students are enrolled in these schools. Higher Education Virginia Beach's higher educational resources include the Old Dominion University/Norfolk State University Graduate Center, Virginia Wesleyan College, Tidewater Community College, and Regent University (formerly Christian Broadcasting Network University). Virginia Beach is home to branch campuses of George Washington University, the University of Virginia and Virginia Polytechnic Institute and State University. Tidewater Community College, with total enrollment of more than 17,000, is a division of the Virgiria Department of Community Colleges. The Virginia Beach campus has an enrollment of approximately 10,435. This two-year college offers general, occupational-technical, and university parallel-college transfer education, representing the largest post-secondary institution in the region. Tidewater Community College is a resource for business and industry to gain technical employees, as well as expertise for training and retraining programs for current employees. Virginia Wesleyan College is a four-year liberal arts private college located on the Virginia Beach/Norfolk boundary line. It has an enrollment of approximately 1,074 students with 386 part-time students in the adult studies program. Regent University has an enrollment of approximately 1,675 with graduate schools of business administration, communication, education, law, public policy and Biblical studies, and an Institute of Journalism. The City donated 36 acres adjacent to Tidewater Community College to Old Dominion University ("ODU") for future graduate and undergraduate facilities. ODU is currently building the Virginia Beach Higher Education Center with first classes scheduled for the fall of 1998. (UPDATE?) SECTION FOUR: CITY INDEBTEDNESS AND CAPITAL PLAN Limitations on Incurrence of Debt Pursuant to the Constitution of Virginia (the "Constitution") and the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, a city in Virginia is authorized to issue bonds and notes secured by a pledge of its full faith and credit and unlimited taxing power. The Constitution and the Public Finance Act of 1991 also limit the indebtedness which may be incurred by cities to 10 percent of the assessed valuation of real estate subject to local taxation. There is no requirement in the Constitution or the Code of Virginia that the issuance of general obligation bonds of the City be subject to approval of the qualified voters of the City at referendum. As of June 30, 1999, the total assessed value of real property in the City was $20,537,245,591 which translates into a debt limit of $2,053,724,559. The City's net obligations subject to debt limitations as of June 30, 1999, totaled $503,982,180 and represented 24.5 percent of this limit. The City Charter further limits the City's power to create debt. It provides that no bonds or notes (other than refunding bonds, revenue anticipation notes, revenue bonds, and other obligations excluded from the City's debt limit under Section lO(a) of Article VII of the Constitution) shall be issued until their issuance has been authorized by a majority of the qualified voters of the City voting in an election on the question. The City Charter further provides, however, that the City Council may authorize bonds or notes without an election in any calendar year in such amounts as shall not increase the total indebtedness of the City, as determined in the manner set forth in Section lO(a) of Article VII of the Constitution, by more than $10,000,000 above the amount of such indebtedness at the beginning of such calendar year. For purposes of computing the annual limitation on the amount of bonds or other obligations that may be issued without an election, authorized and unissued bonds or other obligations which could have been issued without an election on December 31 in the year they were authorized may be issued in a subsequent year without affecting the annual limitation for such subsequent year. In addition, refunding bonds shall not be included for purposes of determining the amount of bonds or other obligations that may be issued without an election in any calendar year. Contractual obligations of the City other than bonds and notes are not included with the annual limitations described herein. Debt Management Policies The City has developed a series of Debt Management Policies to provide a functional tool for debt management and capital planning. The policies reiterate the City's commitment to principles such as rapid principal retirement, maintaining sufficient working capital to avoid the use of short-term borrowing for operating purposes, and the use of self-supporting or revenue-supported debt where appropriate. The policies also establish the following target levels for these key debt ratios: Ratio Of Overall Net Debt To Estimated Full Market Value This ratio indicates the relationship between the City's debt and the taxable value of property in the City. It is an important indicator of the City's ability to repay its tax-supported debt, since property taxes are a major revenue source. A small ratio indicates that the City will be better able to withstand economic downturns. It is the City's policy that, as a general rule the computed value of this ratio should not exceed 3.5 percent of estimated full market value. 34 Overall Net Debt Per Capita This ratio indicates the per capita debt burden and is a general indication of the City's debt burden. A smaller ratio indicates a lighter burden, It is the City's policy that, as a general rule, the computed value of this ratio should not exceed $1,500 per capita. Ratio Of Debt Per Capita To Per Capita Personal Income This ratio is a measure of the capacity of citizens to finance tax-supported debt. A Iow ratio means that taxes required to repay debt represent a smaller portion of the average citizen's income. It is the City's policy that, as a general rule, debt per capita should not exceed 6.5 percent of per capita income. Ratio Of Annual Debt Service To General Government Expenditures This ratio measures the City's ability to repay debt without hampering other City services. A small ratio indicates a lesser burden on the City's operating budget. As a general rule, this computation should not exceed 12.5 percent. KEY DEBT RATIOS Fiscal Year Ended June 30 Dec. 31 1995 1996 1997 1998 1999 1999 {s~(e) Overall Net Debt and Lease Obligationsm $515,380,727 $538,930,780 $555,277,800 $564,203.043 $514,664,978 $562,321,426 Overall Net Debt Per Capita'z~ $1,223 $1,266 $1,290 $1,295 $1,170 $1,278 Ratio to Estimated-Full Value(3) 2.9% 3.0% 2.9% 2.9% 2.5% 2.6% Ratio of Per Capita Debt to Per Capita Income{4) 5.4% 5.3% 5.3% N/A N/A N/A Ratio of Annual Debt Service to General Government Expenditures 9.9% 10.1% 9.7% 9.5% 8.6% 8.2% Source: City Financial Statements. (~) Includes bonded debt and other long term obligations charged to the General Fund and the Virginia Marine Science Museum Enterprise Fund. Does not include debt charged to the Water and Sewer or Storm Water Enterprise Funds. (2) Population estimates as of each January 1st by City Planning Department (3) Real property is assessed at 100 percent of fair market value. (4) Per capita income figures from U.S. Department of Commerce/Bureau of Economic Analysis for years subsequent to 1997 are not available. (5) Estimated, based on FY 2000 Budget. (5) Includes current Issue, Series 2000 Bonds. Outstanding Debt and Lease Obligations Information on the City's indebtedness is presented in the following tables. Included is information on net and overlapping tax-supported debt, rapidity of principal retirement, selected debt service schedules, and information on capital lease obligations. OVERALL NET DEBT AND OTHER LONG TERM OBLIGATIONS As of December 31, 1999 (including current issue) General Obligation Bonds(~) Water and Sewer Revenue Bonds(2) Storm Water Revenue Bonds(3) Capital Leases/COPs(4) Agriculture Reserve Program Installment Purchase Agreements(s) Other long term obligations(s) $478,213,609 61,819,235 10,000,000 28,153,728 10,638,959 1.435.000 $590,260,531 Plus: 2000 Public Improvement Bonds 76,100,000 Less: Water and Sewer Revenue Bonds(2) Double Barrel Bonds(?) General Obligation Bonds for Water and Sewer Purposes(s) General Obligation Bonds for Storm Water Purposes(9) Storm Water Revenue Bonds(3) Agriculture Reserve Program Installment Purchase Agreements(5) $61,819,235 6,360,000 8,700,000 6,520,911 10,000,000 10.638.959 104.039,10§ Overall Net Debt and Long Term Obligations Includes $8,700,000 general obligation debt for water and sewer purposes, $6,360,000 general obligation debt additionally secured by the net revenues of the water and sewer system and $6,520,911 general obligation debt for storm water purposes, Water and sewer revenue bonds are not secured by a pledge of the City's full faith and credit and unlimited taxing power. These bonds are secured solely by the net revenues of the water and sewer system. Storm water utility revenue bonds of $10,000,000 were issued January 2000. Storm water revenue bonds are not secured by a pledge of the City's full faith and credit and unlimited taxing power. These bonds are secured solely by the net revenues of the storm water utility system. A full description of the Capital Leases and Certificates of Participation can be found in the subsection "Assets Acquired and Financed Under Capital Leases" herein. Payments on Certificates of Participation are subject to annual appropriation by City Council. Represents installment purchase agreements which are general obligations of the City. Interest and principal payments are paid from a dedicated portion of real estate taxes. Principal payments will be made from maturing zero coupon Treasury securities purchased from the dedicated portion of real estate taxes. These obligations are described in the section "Agricultural Reserve Program" herein. Represents other long term obligations of the City which do not meet the bonded debt or capital lease criteria. These obligations are described in the section "Other Long-Term Obligations" herein. General obligation bonds additionally secured by the net revenues of the water and sewer system. Gen~.ral obligation bonds issued for water and sewer purposes; debt service on these bonds is paid from revenues of the water and sewer system even though such bonds are secured solely by the full faith and credit of the City and subject to the constitutional debt limit. General obligation bonds issued for storm water purposes; debt service on these bonds is paid from revenues of the storm water system, even though such bonds are secured solely by the full faith and credit of the City and subject to the constitutional debt limit. Source: City Department of Finance. Authorized But Unissued Bonds After issuance of the Bonds, the City will have authorized obligation bonds and $76,164,861 revenue bonds, as shown below: Pur_oose Amount Security Public Improvement $28,852,593 General Obligation Public Improvement 3,500,000 General Obligation Public Improvement 51,700,000 General Obligation Water and Sewer 2,272,739 Revenues Water and Sewer 3,203,700 Revenues Water and Sewer 4,123,530 Revenues Water and Sewer 12,663,000 Revenues Water and Sewer 2,769,952 Revenues Water and Sewer 6,960,000 Revenues Water and Sewer 12,730,000 Revenues Water and Sewer 11,600,00 Revenues Water and Sewer 9,513,500 Revenues Storm Water Utility 5,028,440 Revenues Storm Water Utility 5,300,000 Revenues but unissued $84,052,593 general Authorization Year 1998 1998 1999 1990 1991 1993 1994 1995 1996 1997 1998 1999 1998 1999 Manner Council Council Council Council Council Council Council Council Council Council Council Council Council Council Source: City Department of Finance, 37 I-- Z LU ~ o t- 0~00000000000000000 0~000~000~0~~00~0~ dddddddddddddddddddd 0000000000000000000 0000000000000000000 ~0000000000~~~~ ~00000000000000000000 0~0~00000000000000001 0~0~0~0000000000000 ~~NdNddddddddddddd t-e-r- RAPIDITY OF PRINCIPAL RETIREMENT ALL GENERAL OBLIGATION BONDSm DECEMBER 31, 1999 Maturing Amount Within (2) Maturing Percent Of Total Debt Outstanding 5 years $241,677,391 43.6% 10 years 412,780,104 74.5 15 years 518,765,592 93.6 20 years 554,313,609 100.0 Includes the current bond Issue and general obligation bonds additionally secured by water and sewer and storm water utility revenues and general obligation bonds not secured by water and sewer revenues but which are serviced annually from those revenues. Does not include capital leases or Certificates of Participation. Time periods include remaining portion of Fiscal Year 2000. Water And Sewer System Debt The City has issued three types of securities to finance capital improvements to its water and sewer system: (1) Prior to 1977 and in 1982, the City issued general obligation public improvement bonds that were not secured by a pledge of the net revenues of the water and sewer system. As of December 31, 1999, $8,700,000 of these bonds were outstanding. (2) Pursuant to Article VII, Sec. 10(a)(2) of the Constitution of Virginia, the City has issued general obligation water and sewer bonds, which are secured by both a pledge of the net revenues of the water and sewer system and a pledge of the City's full faith and credit and unlimited taxing power. As of December 31, 1999, $6,360,000 of these bonds were outstanding. (3) Pursuant to Article VII, Sec. 10(a)(3) of the Constitution of Virginia, the City has issued water and sewer revenue bonds which are secured solely by the net revenues of the water and sewer system. As of December 31, 1999, $61,819,235 of these bonds were outstanding. Storm Water Utility System Debt The City has issued two types of securities to finance capital improvements to its storm water utility system: (1) Prior to 1995, the City issued general obligation public improvement bonds that were not secured by a pledge of the net revenues of the storm water utility system. As of December 31, 1999, $6,520,911 of these bonds were outstanding. (2) Pursuant to Article VII, Sec. 10(a)(3) of the Constitution of Virginia, the City has issued storm water utility revenue bonds which are secured solely by the net revenues of the storm water utility system. As of January 31,2000, $10,000,000 of these bonds were outstanding. It is the City's policy to service all debt issued for storm water purposes by revenues from the storm water utility system. 40 Agricultural Reserve Program On May 9, 1995, City Council adopted an ordinance establishing the Agricultural Reserve Program ("ARP"). Through ARP, the City acquires development rights in designated areas within the southern portion of the City through the purchase of agricultural land preservation easements. Landowners who meet certain eligibility criteria may sell an easement to the City while holding fee simple title to the land and continuing to farm. The City acquires these development rights by executing installment purchase agreements with the landowners. These agreements provide for the payment of the principal balance of the agreement in a single installment due approximately twenty-five years after execution of the agreement. Interest on the unpaid principal balance is payable semi-annually. City Council has dedicated a 1% cent increase in the real estate tax (approved May 9, 1995) to finance the program. In addition, at least $300,000 in other General Fund revenues and surpluses annually are expected to support the program. These obligations constitute indebtedness within the meaning of Article VII, Section 10 of the Virginia Constitution and will be general obligations of the City, pledging the full faith and credit and unlimited taxing power of the City. By policy, interest and principal payments will be paid from a dedicated portion of real estate taxes. Principal payments will be made from maturing zero coupon Treasury securities purchased from the dedicated portion of real estate taxes. To date, 24 installment purchase agreements totaling 4,192.5 acres at a total purchase price of $10,638,959 have been executed. In addition, City Council has approved 5 applications totaling 1,071.94 acres with a total approved purchase price of $3,748,815. These are expected to close in the next few months. An additional 10 applications totaling 1,213.53 acres are being processed by the City. Tax Increment Financing The City is one of the first in the Commonwealth of Virginia to use tax increment Financing ("TIF") as a means of financing certain capital projects, usually involving one or more private or public partners. Tax increment financing is authorized under Section 58.1-3245 through 58.1-3245.5 of the Code of Virginia, originally enacted in 1988. The City has established TIF districts to fund its share of three investment partnerships: the Lynnhaven Mall Expansion, the Sandbridge Beach Restoration Program and the Town Center of Virginia Beach. Lynnhaven Mall Exoansion: The area of the City around Lynnhaven Mall was established as a TIF district by ordinance approved by City Council on June 9, 1998. The expansion of the third largest shopping mail in Virginia will accommodate several upscale stores, a new entertainment complex and a themed restaurant. The City is committing $11.5 million in future real estate taxes for a parking facility and related improvements to leverage a $100 million investment from the New York State Teachers' Retirement System. The expansion will increase the mall by 300,000 square feet, which is equivalent to one-third its original size. The City will benefit from increased retail, restaurant, utility and business licenses taxes. As of June 30, 1999, $318,523 has been accumulated in the Lynnhaven Mall TIF Special Revenue Fund. Under the agreement with the developer, the City will provide certain TIF revenues to the developer, if available, but is not responsible for the issuance of any debt. Sandbridge Beach Restoration Program: The Sandbridge area of the City was established as a TIF district by ordinance approved by City Council on December 1, 1998. An important real estate and aesthetic asset to the City, this area has long battled sand erosion. The City continues to pursue a multi- front strategy of funding sand replenishment, including seeking federal funds, using local funds, and establishing a Special Service District. The use of TIF is another method to ensure stability to this area and to ensure that the primary beneficiaries of the program fund the bulk of the improvements. As of June 30, 1999, $91,523 in TIF revenues have been set aside for sand replenishment. 41 The Town Center of Virginia Beach: The southern part of the Pembroke area of the City was established as a TIF district by ordinance approved by City Council on November 23, 1999. The district will be called Central Business District South. When fully developed, the district will feature two new "Class-A" high-rise office towers with storefronts and restaurants on ground level, department stores, two hotels, a 400-unit upscale apartment building, and a multi-screen, stadium seating cinema complex all within a "village green" park setting. The Town Center will be supported by free public parking for over 4,000 vehicles in two enclosed parking garages set within the center. The City is committing $11,000,000 to provide the public infrastructure and $34,400,000 of TIF to pay for the parking garages, for a total City investment of $45,400,000, after reimbursement for land banking. The City's investment will leverage approximately $122 million of private sector investment. The City will benefit from increased personal property, retail, hotel, admissions, restaurant, utility and business licenses taxes. Assets Acquired And Financed Under Capital Leases Non-water and sewer capital assets consisting of communications equipment and systems, computer equipment and systems, prepaid support and maintenance, an HVAC system, and other capital assets acquired under capital leases on which the City, as of December 31, 1999, had principal outstanding of $3,862,874. In addition, as of December 31, 1999, the City had outstanding $24,100,000 Refunding Certificates of Participation, Series of 1993. Proceeds of the 1993 Refunding Certificates were used to refund the Series 1990 Certificates of Participation and the Series 1987 Certificates of Participation, which were issued to finance the acquisition of real property to expand the City's Municipal Center Complex and to construct a Judicial Center Complex, respectively. These leases contain non- appropriation clauses and therefore are not considered debt for purposes of calculating obligations subject to the constitutional debt limit. The estimated scheduled capital lease payments on non-water and sewer lease obligations for the fiscal years ending June 30 are as follows: Capital Certificates of Leases Participatiorl Total 2000 $ 894,518 $ 2,925,190 $ 3,819,708 2001 1,117,650 2,919,202 4,036,852 2002 970,534 2,912,290 3,882,824 2003 948,608 2,913,065 3,861,673 2004 579,868 2,906,587 3,486,455 2005 andlater 272,170 20,174,082 20,446,252 On February 24, 1998, the City of Virginia Beach Development Authority issued $9,800,000 Lease Revenue Bonds payable solely from certain rental payments made by the City under an operating lease. The obligation of the City to make rental payments is subject to annual General Fund appropriations by the City Council. The maximum annual rent payment under the lease is $862,212. The Lease Revenue Bonds financed the costs of acquiring and constructing a Social Services Building to be used by the City to house its Social Services Department. Other Long-Term Obligations The City has obtained a Section 108 loan of $2,000,000 from the Federal Department of Housing and Urban Development for the purpose of continuing the City's housing rehabilitation efforts in target neighborhoods. This loan is secured by future allocations to the City of funds under the Community Development Block Grant program. Principal outstanding on this loan as of December 31, 1999, is $650,000. 42 In addition, the City has entered into an unsecured borrowing of $1,375,000 from Bank of America, N.A., the repayment of which is a General Fund obligation of the City, subject to annual appropriation. Annual principal payments are due through 2004 and interest rates will vary over the term of the borrowing. Principal outstanding on this loan as of December 31, 1999 was $785,000. Interest is currently fixed until February 2, 2001, at 5.83%. The proceeds of this borrowing were used to reimburse the City for the cost of acquiring a parking lot located at 25th Street and Pacific Avenue in the City's resort area. Overlapping Debt The City is autonomous from any county, town, or other political subdivision. There are no overlapping jurisdictions with debt outstanding for which City residents are liable. Short-Term Borrowing The City does not borrow on a short-term basis for working capital purposes. The City's policy is to maintain the General Fund balance at a level that provides sufficient cash flow for working capital purposes. Debt History The City has never defaulted on its general obligation bonds, water and sewer system bonds, storm water utility bonds or capital lease obligations. Payment Record The City has never defaulted in the payment of either principal of or interest on any indebtedness. Comprehensive Plan The City's most recent Comprehensive Plan was adopted on November 4, 1997. Among some of the key planning policies embodied in this Plan are urban and rural growth management strategies, including the Green Line concept, economic development opportunities, transportation and other public facility improvements, care of the environment, housing, historic resource management, neighborhood preservation and community aesthetics. By adopting these key provisions of the Comprehensive Plan, the City has committed itself and expects to continue to commit itself to providing sound planning policies that ensure a fair and workable balance between the supply of public service delivery systems and the demand placed on those systems by the existing and future land uses. The comprehensive planning policies of the City are designed to achieve sound land development and redevelopment within a defined urban service area (north of the Green Line). It is here, where the focus of urban infrastructure is programmed to serve future growth that will result in higher quality land uses and, thus, will expand our taxable revenue base without compromising the level of service of the public infrastructure necessary to support such growth. Another complementary strategy provided by the Green Line and other related comprehensive planning policies is to check sprawling development. By preventing future sprawl through the designation of areas for appropriate urban development, the city avoids net negative fiscal impacts for related capital and operating expenses that are too often linked to sprawl development patterns. The land use planning guidance provided by the Comprehensive Plan along with the strong public demand to live and work in Virginia Beach is believed to ensure continued increases in the value of growth in Virginia Beach into the foreseeable future. In 1999 City Council adopted amendments to the Comprehensive Plan involving design standards for parking structures and polices related to the Chesapeake Bank Preservation Act for shoreline management. 43 Since 1971, the City Council has periodically revised and adopted the City's Master Transportation Plan, as needed, to meet the need for an efficient and cost-effective roadway system. This policy document describes the characteristics of the City's transportation systems. The Plan also describes the characteristics of bikeways, scenic easements, and other similar features related to the City's major roadway system, and provides policy guidance regarding matters related to future right-of- way acquisition and improvement. Capital Improvement Program The City's six-year Capital Improvement Program ("CIP") provides for improvements to the City's public facilities, along with the means of financing these improvements. The first year of the program constitutes the capital budget for the current fiscal year; the remaining years serve as a planning guide. The CIP time table coincides with that of the Operating Budget, and both are presented to City Council in early Spring. The approved CIP is the result of a process that balances the need for public facilities against the fiscal capability for the City to provide for these needs. It is the City's policy to fund individual capital projects of less than $250,000 through General Fund appropriations (pay-as-you-go financing). Fiscal Year 2000-2005 ClP On May 11, 1999, the City Council approved the Fiscal Year 2000-2005 CIP. When compared to Fiscal Year 1999-2004 ClP, the program reflects a 8.8% increase in total costs. The total six-year program aggregates $1.296 billion, a $104 million increase from the Fiscal Year 1999-2004 ClP. The CIP includes a $384.9 million Utilities program and $911.8 million for General Government. The approved program assumes use of $699.1 million of debt, an amount which remains within the City's adopted debt policy limits. The Fiscal Year 2000 Capital Budget represents $173.1 million of the $1.296 billion six-year ClP. It anticipates $26.2 million for utilities and $146.9 million for public improvements, including $67.8 million for schools and $64.7 million for roadways and buildings. Funding for the Capital Budget is planned to be provi¢,ed from the following sources: $72.7 million from general obligation bonds; $9.5 million from water and sewer revenue bonds; $5.3 million from storm water revenue bonds; $49.1 million from General Fund appropriations and Fund Balances; and $36.5 million from other sources. The following table compares total appropriation authority for the six-year Fiscal Year 2000-2005 CIP to the previous six-year Fiscal Year 1999-2004 CIP. The amounts shown represent the total amount of appropriations required (appropriations to date plus appropriations made by the Fiscal Year 2000 Capital Budget plus appropriations not yet made but planned for Fiscal Years 2001-2005) to fund the CIP projects. They represent total estimated project costs (although future years' estimates are necessarily very preliminary), but do not equal the amount of debt financing to be used (since a variety of funding sources will be used). Future years' CIP amounts are subject to Council approval and may be revised. 44 Cateuory Schools Roadways Economic & Tourism Development Buildings Coastal Parks & Recreation FY 1999-2004 CIP VS. FY 2000-2005 ClP Total Program FY 99 CIP % of FY 00 ClP % of {FYs 1999-20~)4) Total (FYs 2000-2005~ Total $ 361,655,895 30% $ 369,659,611 29% 160,155,116 13% 181,535,085 14% Chanue in $ Chanue in % $ 8,003,716 2.2% 21,379,969 13.3% 94,639,130 8% 100,687,620 8% 6,048,490 6.4% 94,671,472 8% 155,673,435 12% 61,001,963 64.4% 54,154,823 5% 70,451,850 5% 16,297,027 30.1% 29.020.684 2% 33.870.1~04 3% 4.849.920 16.7% Subtotal - Public Improvement _~[.9__4..,Z.~.Z~l.?~ 67% 911.878.20~ 70% $117.581.085 14.8% Storm Water 50,298,217 4% 53,148,548 4% $2,850,331 5.7% Water & Sewer 347.870.147 29% 331.791.368 25% ;16.078.779) -4.6% Subtotal - Utilities 398.168.364 33% 384.939.916 30% ~) -3.3% Total $1.192.465.484 100% $1.296.818.121 100% ~ 8.8% As shown above, the total amount of capital projects included in the current six-year CIP has increased by $104.35 million versus the previous six-year CIP. Since this table compares "rolling" six-year periods, percentage changes in individual categories of projects can vary markedly. 45 The Fiscal Year 2000-2005 CIP relies upon charter bond authority for general obligations bonds assumed in the ClP. The uses by project categories and major funding sources for the total program as noted in the ClP are shown below: CAPITAL IMPROVEMENT PROGRAM USES AND SOURCES OF FUNDS SUMMARY FISCAL YEARS 2000 THROUGH 2005 USES Public Improvements School Projects Roadways Buildings Parks & Recreation Projects Coastal Economic & Tourism Development Subtotal - Public Improvements Utilities Water Utility (1) Sewer Utility Storm Water Subtotal- Utilities Authorized 1999-00 Unappropriated Estimated in Previous Capital Subsequent Total Costs Fiscal Years Budget Five Years $ 369,659,611 $128,379,381 $ 67,761,481 $173,518,749 181,535,085 60,517,657 28,298,107 92,719,321 155,673,435 57,123,525 36,359,289 62,190,621 33,775,252 18,471,858 4,924,073 10,474,673 70,451,850 47,050,038 2,169,500 21,232,312 100.687.620 82.938,141 7.383.697 10.365.782 ~ $ 394.480.600 $146.896.147 $370.501.458 210,239,738 175,314,738 7,880,000 27,045,000 121,551,630 62,676,530 9,380,100 49,495,000 53.148.548 30.599.288 8.979,280 13.570.000 384.939.916 $ 268.590.556 ~ $ 90.110.000 TOTAL USES $1.296.722.769 $ 663.071.156 $173.135.507 $460.611.458 SOURCES City Bond Issues Water and Sewer General Obligation Bonds Other General Obligation Bonds Water & Sewer Revenue Bonds Storm Water Revenue Bonds Subtotal - City Bond Issues General Fund Appropriations and Fund Balance Other Financing Sources Storm Water Utility Fund Appropriations Water & Sewer Fund Appropriations Revenue Sharing Federal, State & Private Contributions Sale of Property Lease Purchases Storm Water Utility Retained Earnings Water & Sewer Retained Earnings Sandbridge Special Service District Fund Hampton Roads Sanitation District Vi,'ginia Public School Authority Southeastern Public Service Authority City of Chesapeake Other Subtotal - Other Sources of Financing TOTAL SOURCES $ 118,438,394 $117,188,394 $1,250,000 $ - 440,106,443 166,853,884 71,472,559 201,780,000 118,619,074 49,915,574 9,513,500 59,190,000 21.980.868 12.780.868 5.300.000 3.900.000 699.144.779 346738720 87536059 264.870.000 306.733.310 155.240.699 49.090.879 102.401.732 25,111,617 11,962,357 3,479,260 9,670,000 46,096,084 28,096,084 3,000,000 15,000,000 3,218,979 3,218,979 117,574,175 39,664,520 24,262,709 53,646,946 9,779,992 9,479,992 300,000 9,559,930 8,059,930 1,500,000 125,000 125,000 11,111,000 8,314,400 2,796,600 10,863,729 1,194,729 9,669,000 12,750,000 9,950,000 450,000 2,350,000 205,653 205,653 17,968,627 14,994,847 270,000 2,703,780 25,766,666 25,516,666 250,000 808.580 305,580 500,000 290.940,032 161.091,737 36.508.569 93.339.726 1.296.818.121 $ 663.071,156 $ 173.135,507 $460.611.458 46 Prior Year CIPs. Actual Capital Project Expenditures The following table presents a summary of actual capital project expenditures by category for Fiscal Years 1997 through 1999. The expenditures for each year represent numerous funding sources (bonds, general appropriations, fund balances, retained earnings, state and federal sources, etc.) and unspent funds from various prior year capital budgets. ACTUAL CAPITAL PROJECT EXPENDITURES Catea_ ory FY 1996-97 FY 1997-98 FY 1998-99 General Governmental Schools Public Utilities $ 62,857,037 $ 65,548,403 $ 54,880,204 40,953,052 29,473,733 40,575,562 79.349.396 33.350.8~0 TOTAL $183.159.485 $128.373,016 $117.528,071 47 SECTION FIVE: FINANCIAL INFORMATION Basis of Accounting And Accounting Structure All of the City's and School Board Component Unit Governmental Funds, Expendable Trust Funds, and Agency Funds (assets and liabilities) are reported under the modified accrual basis of accounting. Revenues are recognized in the accounting period in which they become susceptible to accrual (i.e., measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The City considers property taxes as available if they are collected within 45 days after year end. Expenditures are recognized in the accounting period in which the corresponding liabilities are incurred, if measurable (except for unmatured interest on general long-term debt which is recognized when due and paid). The following is a list of the major revenue sources which meet the "susceptible to accrual" criteria. General Property Taxes Interest on Deposits and Investments General Sales Tax Revenue from Commonwealth Utility Taxes Revenue from Federal Government All City and School Board Component Unit Proprietary Funds are reported under the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred. Unbilled Water and Sewer Enterprise Fund accounts receivable for utility services provided through June 30 are included in the financial statements. The City operates on a July 1 through June 30 fiscal year. Virginia Beach Development Authority The Virginia Beach Development Authority was established for the specific purposes of attracting new industries and the expansion of existing industries. The Authority is authorized to issue industrial development bonds after approval by the City Council and to purchase land to improve and sell for development. These bonds do not constitute indebtedness of the City but are secured solely by revenues from the organization on whose behalf the bonds were issued. The Authority's Commissioners are appointed by City Council. The City does not have legal title to any of the Authority's assets, nor does it have a right to the Authority's surpluses. However, in accordance with Governmental Accounting Standards Board Statement 14, the Authority has been discretely presented in Appendix A. Among the many projects it has helped finance, the Authority has developed the Corporate Landing Office Park which has experienced temporary cash flow difficulties. In 1993, the City, using funds from its undesignated General Fund balance, loaned $6,000,000 to the Authority to assist the Authority in making payments on the original bank financing provided by Bank of America for this project. As property at Corporate Landing has been sold, the Authority has made payments on the Bank of America loan. The Authority has made payment installments on its loan from the City in May 1993, September 1993, and February 1994 which total over $1 million. These payments were made from 95% of net proceeds from the sale of property in the Oceana West Corporate Park. In December 1995, City Council approved a change to the loan terms governing the City's loan to the Authority. Under this restructuring, the outstanding principal and interest have been combined into one long-term, non-interest bearing note. As of December 1999, the balance outstanding on this note was $7.5 million. The restructuring also allows the payment on this note to be subordinate to the Authority's payments to Bank of America for the original loan. The City's loan to the Authority will be repaid after the 48 existing bank loan is repaid. No additional debt may be issued by the Authority while existing obligations are outstanding without the prior approval of City Council. Hampton Roads Transportation District Commission The City's financial statements include its share of the operating cost of the regional mass transit operations of the Hampton Roads Transportation District Commission. For Fiscal Year 1999, the City's share of aforementioned operating cost was $1,762,650. Fund Accounting The Accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts which comprise its assets, liabilities, fund equity, revenues, and expenditures, or expenses, as appropriate. The various funds are grouped in the financial statements into eight generic fund types and three broad fund categories, as follows: Governmental Funds General Fund -- is the general operating fund which is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Funds -- are used to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts, or for major capital projects) that are legally restricted to be expended for specified purposes. Debt Service Funds -- are used to account for the accumulation of resources for the payment of principal of and interest on general obligation debt and related costs. Capital Projects Funds -- are used to account for the financial resources for the acquisition or construction of major capital facilities (other than those financed by proprietary funds and trust funds). Special Assessment Funds -- are used to account for the financing of public improvements or services deemed to benefit the properties against which special assessments are levied. Proprietary Funds Enterprise Funds -- are used to account for operations (a) that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where periodic determination of revenues earned, expenses incurred, and/or net income is deemed appropriate for capital maintenance, public policy, management control, accountability, or other purposes. Internal Service Funds -- are used to account for the financing of goods and services provided by one department or agency to other departments or agencies of the governmental unit, on a cost- reimbursement basis. Fiduciary Funds Trust and Agency Funds -- are used to account for assets held by a governmental unit in a trustee capacity or as an agent for individuals, private organizations, other governmental units, and/or other funds. These include Expendable Trust Funds, Non-Expendable Trust Funds and Agency Funds. 49 Investment Policies And Practices The City of Virginia Beach, as a political subdivision of the Commonwealth of Virginia, is limited to investments permitted by the Code of Virginia of 1950, as amended. In addition, various bond resolutions and a City Council adopted investment policy further restrict the types of allowable investment activities. The City's investment practices are generally described in footnote 7 of the City's financial statements, included in Appendix A hereto. The City Treasurer is responsible for the investment of City funds. The City Treasurer invests the City's funds using internal active management, with external trustees and trust funds taking possession of applicable investments. Within the state permitted guidelines and the adopted investment policy, the City Treasurer limits the City's investments to the State Treasurer's Local Government Investment Pool, collateralized certificates of deposit, repurchase agreements, prime quality commercial paper, and prime quality "fed eligible" bankers' acceptances. The City does not invest in "derivative" securities, utilize reverse repurchase agreements, nor otherwise leverage its investment portfolio. The City matches the maturity of its investments to cash flow needs to assure cash availability as necessary. Certificate of Achievement The Government Finance Officers Association of the United States and Canada ("GFOA") awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its Comprehensive Annual Financial Report for Fiscal Year 1998. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report that substantially conforms to the high standards for financial reporting as promulgated by the GFOA. A Certificate of Achievement is valid for one year only. The City has been awarded a Certificate of Achievement (called a Certificate of Conformance prior to 1985) for its Comprehensive Annual Financial Report for 20 of the past 21 years. The City was also awarded the Certificate of Achievement for Distinguished Budget Presentation from the GFOA for its 1998/99 budget. The City also received this award for ten of the last twelve years. Budgetary Process The City Charter requires the City Manager to submit a balanced, proposed operating budget to the City Council at least 90 days before the beginning of each fiscal year which begins July 1. Each department of the City prepares its own budget request for review by the City Manager. The School budget is prepared by the School Board, transmitted to the City Manager for review, and then submitted to the City Council for consideration as part of the City's general operating budget. The City Council is required to hold a public hearing on the budget at which time all interested persons have the opportunity to comment. If the proposed operating budget is not legally adopted by the City Council by June 1, the operating budget submitted by the City Manager shall have full force and effect as if it had been adopted by the City Council. The City Manager is authorized to transfer appropriations up to a maximum of $25,000. Transfers in excess of $25,000 require City Council approval. Additional appropriations must be offset by additional estimated revenues and/or a transfer from the proper undesignated fund balance and require a public hearing if the amount of the additional appropriation exceeds one percent of the total revenue in the approved budget. Unexpended appropriations (except for the Capital Projects, Grant, and Grants Consolidated Funds) lapse and are closed to the proper fund balance at the end of each fiscal year. The appropriation 50 for the subsequent fiscal year is increased by the amount necessary to satisfy the outstanding encumbrances at June 30 of each fiscal year. The operating budget includes a portion of the funding for the Capital Improvement Program ("ClP"). General appropriations used to finance capital projects are shown both in the operating budget and in the ClP. The Department of Management Services annually prepares a six-year ClP. Because activities of capital projects often go beyond a fiscal year period, the accounting, encumbering, and controlling of the funds are based upon the length of project activities. Similarly, Federal and State grants in the Grants and Grants Consolidated Funds are budgeted separately from the operating budget because these revenues do not necessarily coincide with the City's fiscal year. Each capital lease obligation has a non-appropriation clause which generally states that each fiscal year's lease payments are subject to City Council approval. These capital lease appropriations are offset by an equal amount of estimated revenue (other financing sources), and are functionally budgeted in the General Debt Service Fund. Fiscal Year 2000 Operating Budget City Council adopted the Fiscal Year 2000 Operating Budget on May 11, 1999. The budget totals $1,069,675,774, representing a 5.7% increase in revenues and appropriations over the adjusted Fiscal Year 1998-99 Operating Budget. A summary of the Fiscal Year 2000 budget and comparisons to the adjusted Fiscal Year 1999 budget are presented on the following page. Highlights of the Fiscal Year 2000 budget include: No increase in real estate property taxes or personal property taxes. 4.5% pay raise for certain eligible City employees and School Board employees receive a 3.0% step increase and a 1.5% general increase. Limiting growth in debt service aimed at fiscal sustainability. An additional 15 police officers are funded through the federal COPS Grant Program. Increase of 228 FTE positions over the adjusted prior year's budget. This increase includes 164 more School positions and 64 more City positions. Most of the new City positions are for police, sheriff's office and libraries. 5.53% increase in spending for education. $58.4 million cash financing for capital projects including $22.9 million from fund balances and retained earnings. The following table shows the City's Fiscal Year 2000 budget and comparisons to Fiscal Year 1998 (actual) and Fiscal Year 1999 (adjusted budget). SUMMARY OF FY 2000 BUDGET (With FY 1998 and FY 1999 comparisons)m REVENUES General Property Taxes Revenue from the Commonwealth Other Local Taxes Charges for Services Revenue from the Federal Gov't Use of Money & Property Miscellaneous Revenue Specific Fund Reserves Capital Project Reserve Permits, Fees, & Licenses Fines & Forfeitures Non-Revenue Receipts Fund Balances Total Revenues % Change FY 99 FY 2000 FY 99 FY 98 Adjusted Approved FY 2000 to FY Actual Budget Budget % of Total 2000 $312,613,974 $ 323,532,707 $ 347,443,832 32.5% 7.4% 296,662,167 315,387,373 336,774,890 31.5 6.8% 149,899,327 160,206,497 163,976,678 15.3 2.4% 113,107,296 115,850,684 116,224,154 10.9 0.3% 46,763,914 55,696,061 61,592,677 5.8 10.6% 11,377,778 14,449,957 13,741,565 1.3 -4.9% 7,385,577 3,999,231 6,160,613 0.6 54.0% 6,183,531 5,692,117 7,556,347 0.7 32.8% 4,068,339 3,021,266 2,066,679 0.2 -31.6% 3,826,604 3,741,996 4,171,791 0.4 11.5% 3,715,027 4,131,835 4,084715 0.4 -1.1 % 3,627,995 6,483,774 4,381,833 0.4 -32.4% 1.750.000 0 1.500.000 0.1 n/a ~ ~)J2,j.9_~ $1.069.675,774 100.0% 5.7% APPROPRIATIONS Education $457,476,623 $ 480,986,483 $ 509,662,760 47.7% 6.0% General Government 117,300,103 119,473,626 131,753,292 12.3 10.3% Debt Service 95,031,520 94,161,127 95,121,628 8.9 1.0% Public Works 56,880,704 59,433,595 58,077,222 5.4 -2.3% Police 56,315,804 61,395,654 57,720,215 5.4 -6.0% Public Utilities 55,051,037 61,153,267 55,226,249 5.2 -9.7% Fire 23,870,715 25,245,866 26,313,521 2.5 4.2% Social Services 21,517,897 24,640,053 25,272,922 2.4 2.6% Capital Projects 19,891,559 22,206,544 35,000,163 3.3 57.6% Mental Health 19,520,811 21,902,092 22,329,049 2.1 1.9% Parks and Recreation 17,450,783 25,458,816 26,313,075 2.5 3.4% Reserve for Contingencies 11,430,662 6,267,167 16,467,130 1.5 162.8% Libraries 9.243.311 __~ 10.418.548 1.0 5.6% TotalAppropriations ~ ~ $1.069.675,774 100.0% 5.7% Source: Fiscal Year 2000 Budget. mall funds combined. General Government Revenues In Fiscal Year 1999, tax revenues accounted for 53.2 percent of general governmental revenue, State ,]ssistance 34.4 percent, federal sources 6.8 percent, and other sources 5.6 percent. 52 The following table shows the City's Fiscal Year 1998-1999 actual revenues by source. General Governmental Revenues Fiscal Year 1998-1999 Revenues by Sourcem FY 1999 FY 1998 Increase (Decrease) from t998 Source Amount Percent Amount Percent Amount Percent (milllons) of Total (millions) of Total ~milllons) Cham3e Local Sources: General Property Tax $325.9 35.8% $314.7 36.3% $11.2 3.6% Other Local Taxes 158.3 17.4 150.6 17.3 7.7 5.1 Permits, Privilege Fees, and Regulatory Licenses 3.6 0.4 3.6 0.4 0.4 Fines and Forfeitures 3.9 0.4 4.1 0.5 (0.2) (2.9) From Use of Money and Property 9.9 1.1 12.3 1.4 (2.4) (19.5) Charges for Services 27.8 3.1 28.3 3.3 (0.5) (1.8) Miscellaneous 5.6 0.6 6.9 0.8 (1.3) (19.7) From Other Local Governments 0.2 0.0 Q.2~ 0.0 0.0 Total Local $535.2 58.8% $520.7 60.0% $14.5 2.8% From Commonwealth 313.1 34.4 293.7 33.8 19.4 6.6 From Federal Government 61.3 6.8 53.4 6.2 __7.9 14,7 Total Revenues $909.6 100.0% $867.8 100.0% $41.8 4.8% Source: City Department of Finance (~) Includes General, Special Revenues and Debt Service Funds. General Fund In accordance with the general practice of governmental units, the City records its transactions under various funds. The largest, the General Fund, is that from which all general costs of City government are paid and to which taxes and other revenues, not specifically directed by law or administrative action to be deposited in special revenue funds, are recorded. Examples of special revenue funds are the School Operating Fund, the School Grants Fund, and the Grants Consolidated Fund. The General Fund is comprised of revenue derived from ad valorem taxes, other local taxes, licenses, fees, permits, certain revenue from the Federal and State governments, interest earned on invested cash balances, and other revenues. General Fund disbursements include the costs of general City government, transfers to the School Operating Fund for local share of school costs, and transfers to the Debt Service Funds to pay principal and interest on the City's general obligation bonds for other than water and sewer purposes. Operating Data Ad valorem property taxes contributed 58.4 percent of the City's General Fund revenues in Fiscal Year 1999. The City levies an ad valorem tax on the assessed value of real and personal property located within the City. Other local taxes contributed 27.4 percent of the City's General Fund revenues in Fiscal Year 1999. These include: (1) a one percent local sales tax (collected by the state and remitted to the City); (2) a tax on consumer utility bills of 20 percent each for gas, electric, water, and telephone on bills up to $15 per month for residential classes and 15 percent on the first $625 per month and 5 percent on the amount between $625 and $2,000 for industrial and commercial classes; (3) a cigarette tax of 13.5 mils/cigarette; (4) property transfer recordation taxes; (5) an automobile license tax; (6) various business, professional, and occupational taxes; (7) a five and one-half percent hotel room tax; (8) a restaurant meal tax of four and one-half percent; (9) an amusement tax of 10 percent on gross admissions for certain events; and (10) a fiat rate of $1.00 added to hotel room charges to fund the Tourism Advertising Program or improvements at Sandbridge. The following table shows the City's principal tax revenues by source for each of the last ten fiscal years. Growth in real property taxes and total tax revenues have averaged 6.5% and 5.8%, respectively, annually over the past ten years. PRINCIPAL TAX REVENUES BY SOURCE FISCAL YEARS 1990 THROUGH 1999 Real Personal Fiscal Property Property General Utility Restaurant Other Year Taxes Taxes Sales Tax Ttlx Meal Tax Taxes Total 1990 $150,807,805 $48,181,625 $25,717,605 $21,550,390 $15,375,668 $38,460,754 $300,093,847 1991 166,322,153 46,671,195 25,018,786 22,086,327 15,629,196 38,110,145 313,837,802 1992 184,968,826 47,421,189 26,235,734 22,934,698 16,466,309 41,183,730 339,210,486 1993 185,426,065 49,646,483 26,215,861 23,492,966 17,154,580 43,647,278 345,583,233 1994 197,691,702 53,383,954 29,203,190 27,015,112 18,408,710 49,006,994 374,709,662 1995 201,152,215 58,564,315 30,907,341 28,452,809 19,080,012 51,264,287 389,419,979 1996 215,783,669 66,775,292 32,808,424 30,410,466 19,835,362 53,613,813 419,227,026 1997 229,160,745 67,612,923 33,916,147 31,246,546 20,682,238 57,888,826 440,507,425 1998 238,395,536 75,041,794 35,049,804 34,415,834 22,046,548 60,320,561 465,270,077 1999 249,191,314 75,593,009 37,004,115 35,886,337 23,157,204 63,351,753 484,183,732 Source: City Department of Finance. An annual ad valorem tax is levied by the City on the assessed value of real property subject to taxation within the City as of July 1. The City assesses real property at 100 percent of its fair market value (with the exception of public service properties which are assessed by the State Corporation Commission). Real property taxes are due on December 5 and June 5 of the fiscal year in which they are levied. A penalty of ten percent of the tax owed or $10, whichever is greater, along with interest of 9.6 percent for the first year, is assessed on delinquent taxes. Subsequent year's interest penalty rates are set by the City Council and are currently 8.4 percent. A portion of tangible personal property located within the City is also assessed an annual ad valorem tax. The assessed value of personal property is 100 percent of appraised value. Personal property taxes are due June 5, and delinquent payments are subject to the same penalties as described above for real property. The following table sets forth the assessed value of all taxable property in the City for the last ten fiscal years. Tax-exempt properties owned by Federal and state governments, churches, and schools, among others, aggregating approximately $3,692,412,875 for Fiscal Year 1999, are not included in the table. The assessed value of real property in the City at June 30, 1999, was $20,537,245,591 (includes public service real property). 54 HISTORICAL ASSESSED VALUE FISCAL YEARS 1990 THROUGH 1999 Fiscal Ye{Ir 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Real Percentage Personal Percentage Public Service Percentage Percentage Property Change Property Change Property Change Total Change Assessed From Assessed From Assessed From Assessed From Valuem prior Year Value Prior Year Value(~ Prior Year Value Prior Year $15,237,860,244 5.42% $1,264,174,067 3.36% $425,932,492 9.28% $16,927,966,803 5.36% 16,047,722,536 5.31 1,216,538,447 -3.77 488,287,602 14.64 17,752,548,585 4.87 16,407,454,278 2.24 1,226,396,729 0.81 506,146,088 3.66 18,139,997,095 2.18 16,521,164,334 0.69 1,283,381,883 4.65 540,396,443 6.77 18,344,942,660 1.13 16,G90,934,453 1.03 1,416,512,442 10.37 570,358,251 5.54 18,677,805,146 1.81 17,189,272,558 2.99 1,590,254,927 12.27 598,450,332 4.93 19,377,977,817 3.75 17,569,373,603 2.21 1,773,955,263 11.55 631,854,212 5.58 19,975,183,078 3.08 18,231,483,508 3.77 1,848,939,232 4.23 623,804,522 -1.27 20,704,227,262 3.65 19,068,899,073 4.59 1,975,719,516 6.86 630,802,210 1.12 21,675,420,799 4.69 19,880,386,330 4.26 2,162,086,075 9.43 656,859,261 4.13 22,699,331,666 4.72 (~) Real property is assessed at 100 percent of fair market value. (2) Includes both real estate and personal property assessments. All public service property is taxed at the real estate tax rate except for vehicles. Source: City Department of Finance. The City is required to levy taxes on the assessed value of real and personal property without limit as to the rate or amount to the extent necessary to pay principal of and interest on its general obligation bonds. The following table sets forth the City's tax rates and tax levies on real property for Fiscal Years 1990 through 1999. This tax rate remains at 1.220 in the Fiscal Year 2000 Operating Budget. PROPERTY TAX RATES AND CHANGE IN TAX LEVY FISCAL YEARS 1990 THROUGH 1999 Current Percentage Tax Rate Real Annual Fiscal on Real Property Change in Year Property (1) Tax Levy Tax Levy 1990 $0.977 $151,785,105 13.99% 1991 1.032 169,244,306 11.50 1992 1.090 182,106,809 7.60 1993 1.090 183,716,884 0.88 1994 1.140 194,109,397 5.66 1995 1.140 197,712,631 1.86 1996 1.188 213,069,095 7.77 1997 1.220 226,859,499 6.47 1998 1.220 236,751,484 4.36 1999 1.220 246,389,536 4.07 Source: City Department of Finance mTax rate per $100 of assessed value. 55 The following table sets forth information concerning the City's real property tax collection rate for each of its ten most recent fiscal years. REAL PROPERTY TAX COLLECTION RATE FISCAL YEARS 1990 THROUGH 1999 Current Total (Net) Taxes Percentage Delinquent Fiscal Taxes Receivable of Levy Tax Ye=,r Receivable Collected Collected Collections 1990 $151,785,105 $146,227,878 96.3% $3,770,337 1991 169,244,306 161,746,760 95.6 4,894,582 1992 182,106,809 176,242,802 96.8 7,958,457 1993 183,716,884 178,476,385 97.1 6,326,014 1994 194,109,397 189,674,033 97.7 6,685,033 1995 197,712,631 194,287,108 98.3 6,142,169 1996 213,069,095 209,169,309 98.2 4,875,589 1997 226,859,499 223,265,716 98.4 5,102,726 1998 236,751,484 232,875,842 98.4 4,245,849 1999 246,389,536 241,376,374 98.0 2,174,533 Total Total Collections Tax As Percent of Collections (.1) Current Levy $149,998,215 98.8% 166,641,342 98.5 184,201,259 101.2 184,802,399 100.6 196,359,066 101.2 200,429,277 101.4 214,044,898 100.5 228,368,442 100.7 237,121,691 100.2 243,550,907 98.8 Source: City Department of Finance. (~) Includes a 10% penalty ($10 minimum) on delinquent collections. CITY OF VIRGINIA BEACH, VIRGINIA TWENTY-FIVE PRINCIPAL TAXPAYERS FISCAL YEAR 1999-2000 Tax_oayer Virginia Electric & Power Companym Knickerbocker Properties Inc III Bell Atlantic-Virginia Inc(~) Pembroke Square Associates Norfolk Southern Railway Company Ramon W Breeden, Jr Thomas J. Lyons, Jr. Christian Broadcasting Network Virginia Natural Gas, Inc(~) Tidewater Oxford Ltd Partnership F. Wayne McLeskey, Jr Watergate Treehouse Associates L P Atlantic Shores Cooperative Etc Lucille Potter Westminster-Canterbury of Hampton Roads Fairfield Shopping Center GTE South Inc(~) Liberty Property Limited Partnership Princess Anne Properties Inc Shoreline Apartments L L C RunnyMede Corporation Marina Shores Associates One Ltd Bonneys Corner Associates Cornerstone Realty Income Trust R G Moore Building Corporation Real Property Business Assessed Value Utility $ 319,768,063 Shopping Mall 203,118,697 Utility 193,238,310 Shopping Mall 96,010,979 Transportation 90,498,353 Real Estate 85,076,747 Hotels 79,265,009 Broadcasting 65,253,310 Utility 63,322,469 Real Estate 62,343,700 Real Estate 53,045,721 Real Estate 53,003,126 Real Estate 51,153,003 Shopping Center 41,448,965 Real Estate 38,941,177 Shopping Center 36,875,073 Utility 35,337,961 Office/Warehouse 35,133,245 Real Estate 34,808,154 Apartmts/Shop Ctr 33,452,982 Real Estate 32,320,705 Real Estate 32,183,533 Shopping Center 31,570,710 Apartmts/Restaurant 26,699,141 Real Estate 26.476.§74 Total $1.820.345.807 m Includes certain personal property taxed at real property rates as provided in Section 58.512.1 of the Code of Virginia, as amended. Source: City Assessor General Fund Operations The following table compares City General Fund revenues, expenditures, and changes in Fund Balance for Fiscal Years 1995 through 1999. 57 GENERAL FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE FISCAL YEAR ENDING JUNE 30 REVENUES: General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From Use of Money and Property Charges for Services Miscellaneous From Commonwealth From Federal Government Total Revenues EXPENDITURES Operating: Legislative Executive Law Finance Human Resources Judicial Health Social Services Police Public Works Library Planning Agriculture Economic Development Convention and Visitor Development General Services Boards and Commissions Fire Museums Management and Budget(i) Emergency Medical Services Housing and Neighborhood Preservation Department Total Operating Capital Outlay(2) Total Expenditures EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 1995 1996 1997 1998 1999 $261,375,095 $284,163,584 $298,169,163 $314,471,559 $325,630,740 123,532,297 130,177,512 137,102,671 145,110,879 152,684,053 2,780,205 3,655,490 3,449,833 3,663,320 3,678,921 3,171,208 3,435,070 3,767,851 4,031,418 3,914,453 8,060,985 6,025,521 8,277,788 8,178,730 5,387,210 6,549,379 7,070,108 6,388,854 7,694,406 6,628,018 3,711,053 3,756,435 5,042,815 4,884,901 4,662,531 34,717,076 37,152,587 37,726,031 38,987,772 41,755,550 8.067.427 9.166.980 9.221.182 10.901 ,~7 13.826.3~ $451,964,725 $484,603,287 $509,146,188 $537,924,522 $558,167,834 $ 685,252 $ 705,616 $ 691,297 $ 751,051 1,211,662 1,332,804 1,471,871 1,519,739 1,699,112 1,850,840 1,896,666 2,053,552 11,704,929 12,009,064 12,532,735 13,046,569 4,167,712 4,157,335 4,722,600 4,536,302 5,383,693 5,406,038 6,088,531 7,307,998 1,973,685 1,947,854 1,722,633 2,127,958 14,242,326 16,110,713 16,318,014 18,373,237 39,616,410 40,513,127 43,001,020 45,305,119 39,656,681 41,477,409 42,513,563 45,980,329 6,705,884 6,886,492 7,213,150 7,582,394 4,692,896 5,911,646 6,204,192 6,442,601 633,830 608,702 597,538 645,506 1,242,081 1,286,880 1,307,217 1,369,288 7,256,997 3,672,968 3,795,392 4,244,932 18,626,429 19,642,198 21,065,788 20,710,853 4,576,551 5,614,582 6,155,540 7,303,119 19,683,130 20,573,112 21,922,898 22,853,552 313,762 342,111 351,527 391,680 1,406,450 1,490,188 1,606,809 1,782,146 1,678,165 1,664,939 1,833,328 1,944,579 1.416.828 1.416.366 1.703.009 1.853.296 $188,574,465 $194,620,984 $204,715,318 $218,125,798 6.707.803 7.502.10~) 8.487.948 6.989.219 $195.282.268 $202.123.09~1 ~ $225.115.017 $ 795,918 1,678,433 2,082,650 13,911,155 4,987,044 8,844,304 2,181,174 22,771,046 50,075,963 50,284,775 9,463,418 6,784,499 659,614 1,375,260 4,487,927 22,002,451 9,005,577 24,458,134 422,434 1,769,960 2,227,688 2.022.490 $242,291,914 0 $242.291.914 Has been renamed Management Services. Starting In FY 99, Capital Outlay reported In each department. $256.682.457 $282.480.194 $295.942.922 $312.809.505 $315.875.920 GENERAL FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE FISCAL YEAR ENDING JUNE 30 OTHER FINANCING SOURCES (USES): Proceeds From Capital Leases Operating Transfers In Operating Transfers out Total Other Financing Sources (Uses) EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER FINANCING FUND BALANCE--JULY 1 Residual Equity Transfers ADJUSTED FUND BALANCE-- JULY 1 FUND BALANCE--JUNE 30(1) 1995 1996 1997 1998 1999 $ 247,760 - $782,115 691,802 $887,155 $2,027,353 $3,483,798 (243.985.969) (280.237.994) (288.967.583) {324.639.583) (322.683.643~ $(243.203.8.54) ~ $(288.080.7081 ~ $(319.199.8451 $13.478.607 $3.181.762 ~ ~ ~ $83,041,391 $96,517,865 $99,640,666 $107,502,880 $97,700,155 $(2.129) $(58.961) $ $ . ~ . $83,039,262 $96,458,904 $99,640,666 $107,502,880 $97,700,155 $96.517.86~ $99.640.666 ~ $97.700.155 $94.376.230 Note to the Table: The entire General Fund balance is not available for appropriation because of outstanding interfund and interagency loans, prepaid items, encumbrances, and a designation for school capital projects. An analysis of the General Fund balance is as follows: Fund Balance --June 30, 1999 Less Reserved Amounts: Encumbrances Advances to Other Funds Loans Prepaid Items Federal Arbitrage Less Unreserved Amounts: Designated for School Capital Projects - Textbooks and Other Designated for Future Programs Designated for Capital Projects Net Balance Available for Appropriation - July 1, 1999 At the end of Fiscal Year 1999, the General $ 3,279,234 327,450 7,878,387 14,090 377,129 $94,376,230 12,931,815 1,065,438 12.318.388 38.191.931 $56.184,29~ Fund Balance was $94,376,230. This balance represents a decline of $3,323,925 from the previous year and was the result of City Council's funding of capital projects from available fund balance. The following table presents a comparison of the City's General Fund balance for Fiscal Years 1995 through 1999. GENERAL FUND BALANCE FISCAL YEARS 1995 THROUGH 1999 General Fund Balance: Reserved for: Encumbrances Advance to Other Funds Loans Prepaid Items School Board Federal Arbitrage Rebate Liability Unreserved: Designated for School Capital Projects-Textbooks and other Designated for Capital Projects Designated for Year 2000 Designated for Future Programs Undesignated Totals t995 1996 1997 1998 1999 $ 4,520,658 $ 3,587,051 $ 3,538,551 $ 2,213,220 $ 3,279,234 327,450 327,450 327,450 327,450 327,450 7,423,877 7,671,187 7,678,837 7,668,237 7,878,387 5,655 5,655 5,655 5,655 14,090 12,166,765 11,577,562 0 0 0 377,129 377129 377129 377129 377,129 0 0 1,700,000 16,203,785 12,931,815 18,944,747 2,256,556 33,310,308 6,304,645 12,318,388 0 0 0 1,400,000 0 0 0 0 1,144,019 1,065,438 52.751.584 73.838.07§ 60.564.950 62.056.015 ~ $96.517.865 $99.640.666 ~ $97.700.155 ~ The City has maintained a sizable General Fund balance in each of the past ten fiscal years as summarized in the table below: GENERAL FUND BALANCE AS PERCENT OF GENERAL FUND REVENUES FISCAL YEARS 1990 THROUGH 1999 General Fund Balance Fiscal Fund Balance As Percent of General Year June 30 Fund Revenues 1990 $ 56,494,680 13.93% 1991 58,195,317 13.91 1992 60,488,264 13.64 1993 75,971,170 16.81 1994 83,041,391 17.82 1995 96,517,865 21.36 1996 99,640,666 20.56 1997 107,502,880 21.11 1998 97,700,155 18.62 1999 94,376,230 16.91 The Water and Sewer System: Financial Results The Department of Public Utilities operates the City owned Water Utility and the Sanitary Sewer Utility. The mission of the Department is "to provide public water, including water for fire protection, and public sanitary sewer service to the urban areas of Virginia Beach." The goals are: to provide quality public service at reasonable costs and to plan, build, operate and maintain its facilities to meet community needs, environmental responsibilities and regulatory requirements." The physical property of the City water system as of June 30, 1999, included approximately 149 miles of transmission mains, 1,222 miles of distribution mains, 7,188 fire hydrants, 13 water storage facilities, and nine pumping stations. The City water system is fully metered, with tap sizes ranging from %-inch to 12 inches. As of June 30, 1999, the water system had approximately 120,381 connections, representing a .8% increase over the number repoded in 1998, and an approximate service area of 400,000 people. 60 The City Sanitary Sewer Utility includes collector lines, force mains, and pump stations to collect and transport wastewater to the treatment facilities operated by the Hampton Roads Sanitation District ("HRSD"), the regional treatment agency. Virginia Beach citizens pay to the City a fee for sanitary sewer service (the collection and transport of wastewater) and wastewater treatment charges to HRSD. The City's Sanitary Sewer Utility system consists of 380 sewer pump stations and over 1,451 miles of pipeline ranging in size from 4 inches to 36 inches in diameter. As of June 30, 1999, the number of City sewer connections was 119,540, representing a 1.5% increase over the number reported in 1998. The HRSD, established in 1940, provides wastewater treatment services for 16 cities and counties in southeastern Virginia. The HRSD operates nine major treatment facilities in Hampton Roads and f¢ ur smaller treatment facilities on the Middle Peninsula, with a total treatment capacity of over 200 million gallons per day ("MGD"). Two HRSD plants are located in the City. The Chesapeake-Elizabeth Plant, in operation since 1968, has an operating capacity of 24 MGD, with average annual flow estimated at 20 MGD. The Atlantic Plant has an operating capacity of 36 MGD and average annual flow estimated at 29 MGD. The Plant was designed with the capability to be expanded to 72 MGD. As of June 30, 1999, the HRSD had a service population of 1.5 million. According to the HRSD, the HRSD is meeting all its discharge permit requirements established by the U.S. Environmental Protection Agency and the Virginia Department of Environmental Quality. The Water Utility and Sanitary Sewer Utility are operated and maintained in good working order including repairing, rebuilding, or replacing of equipment and structures when required. In addition, the City has developed an ongoing training program to develop a staff of personnel in sufficient numbers to promote safe and technically competent operation of the water and sewer utility. In addition to the City's water and sewer system, there is one private water utility serving approximately 200 customers. On February 3, 2000, the City Council authorized the city staff to acquire the private utility and to fully integrate the private utility into the City water utility. This private utility will be acquired within the next six months and new water distribution lines will be built to improve service to the customers. The estimated depreciated value of the water and sewage property, plant and equipment was $432,038,729 as of June 30, 1999, including land and air rights. WATER AND SEWER SYSTEM ASSET EVALUATION FOR FISCAL YEARS ENDING JUNE 30 1995 1996 1997 Millions of Gallons of Water Storage 30.25 30.25 30.25 Miles of Water Lines 1,268 1,279 1,329 Miles of Sewer Lines 1,334 1,365 1,394 Number of Water Pump Stations 8 8 8 Number of Sewer Pump Stations 363 368 368 Number of Water Connections 115,955 117,117 117,290 Number of Sewer Connections 111,956 113,916 115,175 Total Value of Utility Plant in Service $374.394.743 :$388.556.927 $400.686.209 1998 1999 30.25 30.25 1,343 1,371 1,410 1,451 9 9 372 380 119,414 120,381 117,749 119,540 $545.233.776 ~ Source: City Department of Public Utilities. 6! The City's water and sewer system is operated on a self-sustaining basis, with rates and charges adjusted when necessary to assure a stream of revenues adequate to cover the costs of operations and maintenance of the system and debt service on all water and sewer system bonds. Revenues from water and sewer charges are reserved solely for the payment of water and sewer fund obligations and have not been used for any non-water or non-sewer related purpose. Water and sewer charges are maintained at a level sufficient to pay all water and sewer operating expenses and debt service. Since 1986, the consulting engineering firm of Alvord, Burdick & Howson ("AB&H") has been used as the City's water and sewer rate consultant to perform various studies and analyses for the water and sewer system. AB&H regularly examines the books and records of the Department of Public Utilities and conducts a physical inspection of the operating facilities in order to develop recommendations for adequate water and sewer rates. The terms of the contracts have called for AB&H to conduct a cost of service study and to develop recommended rates which would be adequate for the succeeding five fiscal years. The analyses have included a projection of revenues and expenditures for a period of five fiscal years from a test year. In the aggregate, the studies have resulted in a program of regular rate adjustments over the past ten years. Periodic water and sanitary sewer rate increases have been approved by City Council to meet anticipated increases in future revenue requirements, including: increases in the wholesale price of water from Norfolk funding requirements of the water and sewer capital program the addition of the Lake Gaston Project to the Virginia Beach water supply system provisions of the City's Sales and Services Contracts with the City of Norfolk (see Water Sales and Services Contracts below) In its most recent preliminary cost of service study, dated November 1999, AB&H opined that, based on the assumptions contained in the study, existing water and sewer charges are not adequate for the study period of Fiscal Years 1999-2005. An increase in sanitary sewer rates will be needed effective July 1, 2001. The amount of the sanitary sewer rate increase has not been finalized at this time. The sanitary sewer capital program is the primary reason to seek an increase in sewer rates. The cost of service study will be updated in the spring/summer of 2000 to further define the magnitude of the increase need~;d. Historical water commodity rates and sanitary sewer charges for a single family residence and their effective date are outlined below: Effective Date Water Commodity Rate (per 1,000 gallons Sanitary Sewer Service Charge Single Family Residence (per month) July 1, 1983 August 1, 1987 October 1, 1987 July 1, 1988 July 1, 1989 July 1, 1990 October 1, 1990 July 1, 1991 July 1, 1992 July 1, 1993 July 1, 1994 July 1, 1999 $1.62 1.81 1.99 2.18 2.51 2.69 2.77 2.96 3.11 3.38 3.65 3.55 $ 9.46 9.65 10.58 11.38 The City's water and sewer activities are operated on an enterprise fund accounting basis. Fiscal Year 1999 operating revenues were $71,026,894. This represents a 4% increase over Fiscal Year 1998. The majority of this increase is due to an increase in water consumption from the prior fiscal year. The Water and Sewer Enterprise Fund had positive unreserved retained earnings of $193,139,849 at the end of Fiscal Year 1998. Typical Water and Sewer Bills Under the City's current rate structure, a single family residence consuming 6,000 gallons for 31 days would receive a bill as follows: Water Usage; 6 x $3.55 per 1,000 gallons Minimum Service Availability Charge Sanitary Sewer Service Total Due for Water and Sanitary Sewer Service $21.30 3.40 $24.70 11.38 $36.08 In addition, the HRSD would charge the same residence approximately $10.00 for wastewater treatment of 6,000 gallons during the same time period. The last HRSD rate increase was in Fiscal Year 1999. Operating Results--Water and Sewer System The City Council fixes water and sewer rates and charges such that estimated income generated by such rates and charges will cover operating expenses and debt service relating to the water system. Funds and accounts relating to the Department of Public Utilities are kept separate from other funds and accounts of the City. The Department of Public Utilities has financed the construction and acquisition of water and sewer facilities through Federal and State grant proceeds and the issuance of City general obligation water and sewer bonds, double barrel water and sewer bonds (secured both by water and sewer revenues and the City's general obligation pledge) and water and sewer revenue bonds. The Department is required by the City's bond resolutions, among other provisions, to establish rates sufficient to cover operations and maintenance and debt service on the general obligation water and sewer bonds and the water and sewer revenue bonds. Certain general obligation bonds issued prior to 1977 for water and sewer purposes are not subject to such covenant. However, it is City Council policy to pay debt service on those general obligation bonds issued for the water and sewer purposes from revenues of the Water and Sewer Enterprise Fund, and to set water and sewer rates accordingly. The following table presents the operating results of the Water and Sewer Enterprise Fund, exclusive of depreciation, as used in computing coverage of debt service, for Fiscal Year 1995 through Fiscal Year 1999. Coverage of debt service on the water and sewer revenue bonds and the general obligation bonds issued for water and sewer purposes is shown separately from the coverage of debt service on all bonds issued for water and sewer purposes. SYSTEM OPERATING REVENUES, EXPENSES AND COVERAGE (in thousands of dollars) Operating Revenues Service Charges Water Usage Miscellaneous Total Operating Revenues 1995 1996 1997 1998 1999 $25,847 $27,244 $26,786 $28,822 $28,237 38,650 40,649 39,286 39,983 41,307 682 321 904 339 1.483 $65,179 $68,214 $66,976 $68,144 $71,027 Operating Expenses Water Acquisition Water Distribution Sewer Collection Administration and Engineering Customer Services Total Operating Expenses Net Operating Income $26,152 $24,118 $26,879 28,875 32,325 3,933 3,940 3,996 4,775 5,857 5,778 6,071 6,920 6,539 7,398 8,834 9,226 10,353 11,034 10,660 4.907 4.814 4,707 4.927 5.264 $49.604 $48.109 $52.855 $56.150 $61.504 $15,575 $20,045 $14,121 $11,994 $ 9,523 Non-Operating Income Interest Water Resource Recovery Fee Sewer Connection Fees Total Non-Operating Income 7,340 8,442 5,113 3,969 3,359 2,815 4,246 3,188 3,835 4,579 1.596 2.028 1.533 1.645 2.411 $11,751 $14,716 $ 9,834 $ 9,449 $10,349 Income Available For Debt Service $27,326 $34,761 $23,955 $21,443 $19,872 Annual Debt Service Water and Sewer Revenue Bonds Total Water and Sewer Debt Service* Coverage of Debt Service on Water and Sewer Revenue Bonds Coverage of Debt Service on All Debt Supported by Water and Sewer Revenues * Includes Capital Leases $ 5,272 $ 5,458 $ 5,470 $ 5,689 $ 6,000 $11,834 $11,925 $11,477 $11,670 $10,795 5.18x 6.37x 4.39x 3.77x 3.31x 2.31x 2.91x 2.08x 1.84x 1.84x Source: Department of Finance and Department of Public Utilities. Water Sales and Services Contracts Until the Lake Gaston project was completed in late 1997, the City had no independent water supply. In 1973, the City entered into a 20 year agreement with the City of Norfolk to purchase surplus. That contract expired June 30, 1993. The City and Norfolk signed a new Water Sales Contract effective July 1, 1993 (the "Water Sales Contract"), to provide an interim water supply to the City until the Lake Gaston Project was operational. The Lake Gaston Project was put into service on January 1, 1998, at which point the Water Sales Contract was terminated, except for certain provisions which survived until June 30, 1999. The City and Norfolk also entered into a Water Services Contract effective July 1, 1993 (the "Water Services Contract"). The Water Services Contract runs through the year 2030. The Water Services Contract established engineering, water quality, and operational standards for Norfolk to receive, convey, treat, and deliver Lake Gaston water to the City. In essence, the City contracted for water system facilities and services related to the storage, transmission and treatment of Lake Gaston water. The 64 facilities are owned by Norfolk, but dedicated to serving the City through the life of the Water Services Contract. Those facilities include: 2. 3. 4. Raw water storage (lakes); Water treatment plant capacity; Raw water pumping stations and transmission lines; and Treated water storage, pumping and transmission. A "Cost of Service" methodology based on traditional utility rate making standards is used to determine the cost of the facilities and services provided by Norfolk including a reasonable rate of return on facilities dedicated to serving the City. Both the Water Sales Contract and the Water Services Contract include the Cost of Service charges. However, the Water Sales Contract (and not the Water Services Contract) includes a Water Charge which applies to any Norfolk surplus water used by the City. The Lake Gaston Project was put into service on January 1, 1998, and the City switched from the Water Sales Contract to the Water Services Contract on that date. However, provisions in the Water Sales Contract require that the Water Charge be paid through Fiscal Year 1999. As of July 1, 1999, the water charge was no longer applicable. Effective July 1, 1999, the current computed effective rate to the City for delivery of treated water is $1.98 per 1,000 gallons. There are provisions which allow for water rate increases based upon: Increased cost of labor, materials and supplies, power and chemicals; Renewal and replacement of water system facilities; Design and construction of new facilities to accommodate the City's future water demand; and Design and construction of new facilities to comply with new federal laws and regulations, including the Safe Water Drinking Act and the Clean Water Act. Norfolk is required to reset rates every two years based upon a cost of services study performed by an independent consulting firm which compares projected versus actual water expense. On a biennial basis an adjustment is made based upon the actual costs incurred in the previous two years. This "true- up" provision will result in a rebate from Norfolk to the City in Fiscal Year 2000 of approximately $5.4 million to be credited during the twelve month period of Fiscal Year 2001. This amount represents actual payments in excess of costs incurred during Fiscal Year 1998 and Fiscal Year 1999. The $5.4 million will be used to support water projects identified in the Fiscal Year 2000-2005 CIP. Norfolk wholesale rates since Fiscal Year 1993 are shown below: Fiscal Year Cost of Service Water Charpe Total Rate 1993 $1.17 1994 1.51 0.60 2.11 1995 1.74 0.56 2.30 1996 1.57 0.52 2.09 1997 1.95 0.48 2.43 1998 1.92 0.56 2.48 1999 2.17 0.58 2.75 2000 1.98 N/A 1.98 The Water Charge does not apply in Fiscal Year 2000 nor will it apply in any future years as part of the Water Services Contract. Water and Sewer CaPital Improvement Program The Department of Public Utilities annually prepares the portion of the City's Capital Improvement Plan concerning the improvement and extension of the Water and Sewer System. According to the City's Fiscal Year 2000-2005 ClP, water and sewer utility projects in the amount of $331,791,368 account for 26 percent of overall City capital spending anticipated during the period of Fiscal Years 2000 to 2005. The following table presents the financing sources expected to meet the six-year capital improvement plan for the water and sewer utility projects. WATER AND SEWER SYSTEM CAPITAL IMPROVEMENT PROGRAM Fiscal Year 2000 To Fiscal Year 2005 Financing Plan Sources of Balance To Be Funded Water and Total Balance Water and Sewer Estimated Previously To Be Sewer Revenue Retained Utility Costs Authorized Funded Aporo_~riations Bonds Earnin_o~ Hampton Roads Sanitation District Water $210,239,738 $183,194,738 $27,045,000 $ 6,565,000 $20,480,000 -- $ Sewer 121.551.630 72.056.630 49.495.000 8.435.000 38.710.000 -- ~ Total $331.791.368 $255.251.368 $95.411.094 $15.000.000 $59.190.000 -- $2.350.000 Source: Capital Improvement Program for Fiscal Years 2000-2005. The Lake Gaston Project A major element of the Water and Sewer Capital Improvement Plan over a decade has been the Lake Gaston Water Supply Project (the "Lake Gaston Project"). The project was completed in late 1997 and was placed into formal operation on January 1, 1998. The Lake Gaston Project consists of a 76-mile, 60-inch pipeline from the Pea Hill Creek Tributary of Lake Gaston in Brunswick County, Virginia, to the City of Norfolk's raw water facilities in Isle of Wight, Virginia. The Lake Gaston water is being treated at the Norfolk Moores Bridges Water Treatment Plant. The cost of the Lake Gaston Project, as specified in the City's CIP for Fiscal Years 2000-2005, is currently estimated at $154,600,000. These funds have covered all the construction and encumbrances for the project through the end of Fiscal Year 1999 (June 30, 1999). The City of Chesapeake has contracted for a one-sixth share in the Lake Gaston Project, and the City of Suffolk and Isle of Wight County may participate as well. As of June 30, 1999, the City had incurred expenditures of approximately $149,789,336 for the Lake Gaston Project, of which the City of Chesapeake has paid approximately $24,159,794. Background South Hampton Roads, Virginia, is a major population center located on the mid-Atlantic coast of the United States. It is bounded by the estuary waters of the Atlantic Ocean, Chesapeake Bay and James River which combine to form a deep, warm-water seaport. The region includes one of the largest port facilities in the country and is home to the largest military complex in the world. ,As a result, South Hampton Roads has experienced rapid and steady population growth which has strained local water supplies. The same geological features which gave rise to the massive port and military facilities, and in turn the population growth, also had limited the availability of fresh water supplies in the region. Because of the rapid population growth and the difficulty in developing new water sources locally, water shortages in the region have become commonplace over the last two decades. Water restrictions or water quality impairments resulting from water shortages have occurred in every dry period from 1976 to 1997. South Hampton Road does not have a regional water system; the individual cities operate their own respective water systems. Older cities like Portsmouth and Norfolk long ago developed the limited surface water supplies before the newer cities of Chesapeake, Suffolk, and Virginia Beach even existed. Portsmouth and Norfolk have sufficient water supplies to meet their own needs, including small, limited surpluses which they sell to Suffolk, Chesapeake, and Virginia Beach. However, the surpluses have not been sufficient to meet the water needs of these three cities where much of the population growth is occurring. Virginia Beach, with twice the population of Chesapeake and Suffolk combined, has the largest existing and projected water demands, but the fewest options. At 33-36 MGD and growing, the City's existing water needs are six times greater than Suffolk's and three times greater than Chesapeake's. Until January 1, 1998, Virginia Beach had obtained all of its water from Norfolk, pursuant to a surplus only water contract. Over the years, Norfolk had been unable to provide Virginia Beach adequate quantities of water during any dry period. The City had to restrict or ration water in every dry period since 1976, and it had been under continuing water use restrictions and a moratorium on extensions of the water system since 1992. In 1983, after many years of evaluation, Virginia Beach decided to build a pipeline to an existing system of hydroelectric and flood control impoundments on the Roanoke River, which straddles the North Carolina and Virginia border. The project can transfer 60 MGD of water from Lake Gaston to existing reservoirs in southeast Virginia. Chesapeake is a partner in the project and will receive 10 MGD to augment its supply. Because of the extensive hydroelectric and flood control development in the Roanoke Basin, the drought capacity of the lower Roanoke River dwarfs all other river systems in either Virginia or North Carolina. The maximum withdrawal is about one percent of the average discharge from the impoundments and about three percent during a major drought. The project will use storage in an upstream impoundment so that Iow flows downstream will not be impacted during droughts. Although 75% of all the water in the system originates in Virginia, it all flows downstream to North Carolina. Any water diverted by Virginia Beach, no matter how little, is water that will not ultimately flow downstream. As a result, North Carolina has vigorously opposed the Lake Gaston Project in each of the numerous environmental permit and approval proceedings which are required by multiple federal statues. North Carolina also filed several lawsuits in various federal courts challenging the validity of those permits and approvals after they have been issued. The Lake Gaston Project has been the subject of six environmental reviews by three federal agencies, followed by six lawsuits in five federal courts challenging the validity of those environmental reviews. The City has prevailed in all 12 proceedings and none of the environmental reviews, administrative or judicial, have indicated that the Lake Gaston Project would have any significant impact. The City sought to begin construction of the Lake Gaston pipeline in December 1990. However, an injunction permitted construction only of the critical path items while awaiting the approval of the Federal Energy Regulatory Commission ("FERC"). Construction of the six river crossings and the below ground portion of the pump station at Lake Gaston began in 1992 and were completed in 1994. The final federal approval was granted in September 1995, and by December 1995, the City had awarded contracts for all remaining construction work. Pipe fabrication, clearing, and other preconstruction activities were undertaken in early 1996. Actual on-site construction was initiated in March 1996. The project was 'declared substantially complete on November 26, 1997, and put into formal operation on January 1, 1998. The project has operated exactly as designed and planned. The water use restrictions and waterline extension moratorium have both been rescinded. 67 Lake Gaston Financing Plan - UPDATE? Present estimates prepared by the City put the total project cost (excluding financing costs) at $149,900,000. A resolution passed by City Council on August 13, 1984, expressed its intent to finance the Lake Gaston Project primarily with City general obligation bonds additionally secured by a pledge of net revenues of the water and sewer system. In addition, the resolution directed City staff to examine secondary sources of financing if it was determined that such sources of financing will: (1) reduce user charges; (2) be in the best interest of the City; and (3) not adversely affect the City's credit rating. The general obligation double barrel bonds required voter approval and City Council approved placing the Lake Gaston Project on a bond referendum for November 8, 1988. The referendum for $200,000,000 for the Lake Gaston Project was approved by voters by a margin of approximately three to one. In November 1987, the City executed a cost participation agreement with the City of Chesapeake for one-sixth of the project and for one-sixth ownership of the Lake Gaston Project. The City's share of the cost of the system is expected to be approximately $125,644,000, with the City of Chesapeake providing $24,256,00. The City has financed $10,145,000 from double barrel (general obligation plus revenue pledge) bonds, with a net remaining funding requirement of approximately $114,955,000. Due to the Lake Gaston project having been delayed by litigation, the City has accumulated funds from Water Resource Recovery Fees and revenues from increases in water rates. While these funds are available to cash-finance the Lake Gaston Project, no decision has been made by City Council to do so. On January 6, 1986, the City Council adopted an ordinance establishing a Water Resource Recovery Fee to be charged to all new connections to the water system from either new construction or existing structures served by well water. The purpose of the fee is to provide an additional funding source for financing a portion of the costs of water transmission and distribution facilities, including the Lake Gaston Project. The ordinance eliminated existing City developer fees. The fee is paid as the property owner's share of the cost of water resources development and associated distribution facilities and is collected at the time of application for a building permit. The fee is determined on the basis of the drainage fixture unit schedule provided in the Uniform Statewide Building Code, or an equivalent drainage fixture unit value computed by the Department of Public Utilities. Water Resource Recovery Fee revenues are being collected at a rate of $66.00 per drainage fixture unit. Based on nine years of collecting data, the Department of Public Utilities estimates that each new single family residential dwelling averages 24 drainage fixture units. Thus, the size of the Water Resource Recovery Fee for new residential properties connecting to the City's water system is averaging $1,584 per dwelling. The ordinance provides full exemption or partial exemption of the fee for elderly and handicapped persons, for certain financially disadvantaged persons, and for families in community development target areas. The income generated by the Water Resource Recovery Fee currently is set aside in a Rate Stabilization Account. This practice has three consequences for the City, its rate payee and the holders of its bonds. First, the Rate Stabilization Account serves to stabilize the water rate, so that fluctuations in System operating costs, fees and revenues do not cause fluctuations in the price of water to the System's users. Second, the Rate Stabilization Account gives the City some lead time to plan and implement any necessary rate increases. Third, the Rate Stabilization Account serves as an additional source of funds for debt service in case system revenues fall short, thus further protecting the City's general obligation bonding capacity and insulating the tax base from water and sewer revenue fluctuations and project costs. As of June 30, 1997, the Rate Stabilization Account had an ending balance of $50,363,620; $5,449,155 was attributable to Water Resource Recovery Fees and $44,914,465 was attributable to rate increases. These. balances represent total receipts less disbursements for debt service and project costs expended to date for the Lake Gaston Project and water system improvements. The following table lists Water Resource Recovery Fee receipts, interests earnings, and disbursements for the last five fiscal years. WATER RESOURCE RECOVERY FEE HISTORY OF RECEIPTS AND DISBURSEMENTS Fiscal Year 1994-95 1995-96 1996-97 1997-98 Balance July 1 $51,332,551 $55,437,265 $60,553,508 $5,449,155 $0 Receipts: Fees $2,844,735 $4.259,053 $3,190,433 $3,835,989 $4,579,159 Interest Income 2.333.842 2.912.052 2.315.630 3.600.097 815 Total Receipts $5,178,577 $7,171,105 $5,506,063 $7,436,086 $4,579,974 Disbursements 1.073.863 2.054.862 60.610.416 12.885.241 4.579.974 Balance June 30 $55.437.265 $60,553.508 $5.449.155 $ 0 $ 0 1998-99 Totals $18,709,369 11.162.436 $29,871,805 81.204.356 By practice, the City allocates 92% of totals for Lake Gaston Project and major Infrastructure Improvements associated with Lake Gaston including water supply, raw water transmission, and treatment. Disbursements have been used to partially fund Lake Gaston capital costs, debt service and system improvements. For 1998- 99, construction expenditures totaled $4,241,461. WATER RESOURCE RATE INCREASES Fiscal Year 1994-95 1995-96 1996.97 1997-98 1998-99 Totals Balance July 1 $36,753,453 $48,844,461 $52,810,334 $44,914,465 $34,720,298 Receipt,.~: Net Billings 8,493,871 8,370,734 8,115,777 8,298,635 0 33,279,017 Disbursement (~ 402.863 404.861 16.011.646 18.492.802 34.720.298 70.032.470 Balance June 30 $44.844,461 $52,810.334 $44.914,465 $34,720.298 $ 0 $ 0 Disbursements have been used to partially fund Lake Gaston capital costs, debt service and system improvements. For 1996- 1997, construction expenditures totaled $15,652,760. Insurance The City utilizes a combination of commercial insurance and self-insurance to protect its assets, including employees, money and securities and buildings and equipment. City buildings and their contents are covered by an all risk property insurance program which is written with a $100,000 per occurrence deductible. Other types of property insurance are written with deductibles ranging from $5,000 to $50,000 and include coverage for such items as computer equipment, heavy contractor's type equipment, fine arts and valuable papers. All City employees are bonded for $1,000,000. The City is primarily self-insured for the first $2,000,000 of any automobile liability, commercial general liability, public officials' liability and police professional liability claims. The City has $10,000,000 of commercial insurance coverage above this self-insured retention on these lines of risks. The City is also primarily self-insured for workers' compensation and carries commercial insurance in excess of any claims totaling $500,000 in any single occurrence. The City's Risk Management Fund had a cash balance of $10,994,955 as of July 1, 1999. An actuarial study conducted by the firm of AON Worldwide Actuarial Solutions determined that the appropriate size of this fund as of July 1, 1999, was $12,473,217, which represented the discounted liability of the City. Commitments And Contingencies The City participates in a number of federal and state grants, entitlements, and shared revenues programs. These programs are subject to program compliance audits by the applicable federal or state agency or their representatives. Furthermore, the U.S. Congress passed legislation called the "Single Audit Act Amendment of 1996" which required most governmental recipients of federal assistance to have an annual independent organization-wide financial and compliance audit. The results thereof are incorporated in this report. The amounts, if any, of expenditures which may be disallowed by these audits cannot be determined at this time although the City expects such amounts, if any, to be immaterial. Retirement And Pension Plans The City has elected to participate in the Virginia Retirement System('~/RS"), and substantially all of the full-time salaried general government and school employees are covered by a retirement plan, group term life insurance, and disability and death benefits. Prior to January 1, 1978, employees contributed five percent of their annual salary. There is presently no employee contribution; the City pays the entire cost. If there are insufficient funds to meet the vested benefits of the employees, the City is liable. The VRS maintains separate accounts for each participating locality based on contributions made by the locality and the benefits paid to former employees. The City's contributions are actuarially determined by the VRS every two years at rates that provide for both normal and accrued funding liability. The VRS basis calculation method is an entry age normal cost calculation with 30 year amortization of the unfunded accrued liability. The entry age normal cost method is designed to produce normal costs over the working lifetime of the participating employees and to permit the amortization of any unfunded liability over a period of years. The unfunded liability arises because normal costs based on the current benefit formula have not been paid throughout the working lifetime of current employees. The value of the unpaid normal costs, adjusted for actuarial gains and losses, constitutes the unfunded liability. The last actuarially computed liability was determined as of June 30, 1998, and included amounts for general government and school nonprofessional employees. Total liability as of June 30, 1998, both funded and unfunded, follows: General Government Employees School Nonprofessional Employees Total Actuarial Value Unfunded Actuarial Actuarial of Assets Accrued Accrued $461,352,729 $36,042,944 $497,395,673 69.174.890 3.763.941 72.938.831 $530.527.619 $39.806.885 $570.334.504 The unfunded liability of $39,806,885 is being amortized over 30 years according to a schedule prescribed by the VRS. Employee Relations And Collective Bargaining There were 5,892 City employees (including part-time and seasonal employees) and approximately 10,002 School Board employees as of June 30, 1999. Some employees are members of unions or trade or professional associations. However, the City does not, and cannot under Virginia law, bargain collectively with any of its employees. The Virginia General Assembly has rejected several recent legislative proposals to authorize public employees to engage in collective bargaining. Public employees of Virginia or of any county, city, or town in Virginia do not have a legal right to strike. Any such employee who engages in any organized strike or willfully refuses to perform his/her duties shall, according to Virginia law, be deemed to have terminated his/her employment. Re-employment of any such employee requires court approval. 7O Approval of Official Statement Any statements in this Official Statement involving matters of opinion or estimates, whether or not expressly so stated, are intended as such and not representations of fact. No representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement which may have been made verbally or in writing is to be construed as a contract with the holder of the Bonds. The attached Appendices are an integral part of this Official Statement and must be read together with the balance of this Official Statement. The distribution of this Preliminary Official Statement has been duly authorized by the City Council. The City Council has deemed this Preliminary Official Statement final as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted by the Rule. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager 71 Financial Statements APPENDIX A Form of Bond Counsel Opinion APPENDIX B Form of Continuing Disclosure Agreement APPENDIX C OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $76,100,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2000 Electronic or facsimile bids will be received by the City of Virginia Beach, Virginia (the "City"), in accordance with this Official Notice of Sale until 11:00 a.m., Local Time, on Wednesday, March 8, 2000 (the "Date of Sale"). Immediately thereafter, tile bids will be publicly announced, and the City Manager will act upon thc bids by 2:00 p.m., Local Time. Bid Submission Solely as an accommodation to bidders, electronic bids via PARITY (the "Electronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using PARITY as a communication mechanism to conduct the electronic bidding for thc sale of $76,100,000 General Obligation Public Improvement Bonds, Series of 2000 (the "Bonds"), as d~scribed herein. To the extent any instructions or directions set forth in PARITY conflict with this Official Notice of Sale, the terms of the Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for ali arrangements with PARITY, (ii) that PARITY is not acting as thc agent of thc City, and (iii) flint the City is not responsible for ensuring or verifying bidder compliance with any of thc procedures of PARITY. The City assumes no responsibility for, and each bidder expressly assumes thc risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through PARITY. Each bidder shall be solely responsible for making necessary arrangements to access thc Electronic Bidding System for purposes of submitting its bid in a timely manner and in compliance with the requirements of the Official Notice of Sale. Neither thc City nor rite Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor PARITY shall be responsible for proper operation of, or have any liability for, any delays or interruptions ol~ or any damages caused by, PARITY. For further information about PARITY, potential bidders may contact Dalcomp at 395 Hudson Street, New York, N. Y. 10014, telephone (212) 806-8304. Bidders must supply a signed Official Bid Form no later than Tuesday, March 7, 2000 to Patric~a A. Phillips, Director of ¥inance, Virginia Beach Municipal Center, City Hall Building, Room 220, Virginia Beach, Virginia 23456. In the event of a nmLfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to I 1:00 a.m., Local Time, on the Date of Sale in order to be considered. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 427-4302 or (757) 427-4135 (Attention: Patricia A. Phillips). Trausmissions received after the deadline shall be rejected. It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received prior to 11:00 a.m., Local Time, and tlmt the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions will not be accepted. The City's financial advisors (Government Finance Associates, Inc. and Government Finance Group, a division of ARD Incorporated, collectively the "Financial Advisors") will verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The City's Financial Advisors will in no instance correct, alter or in any way change bids submitled through facsimile transmission. Neither the City nor its Financial Advisors will be responsible for bids submitted by facsitnile transmission not received in accordance with the provisions of Otis Official Notice of Sale. ~-0 'd ZIE9 60~ ~I~ Bidders electing to submit bids via fac, simile transmission will bear full and complete responsibility for the transmission of such bid. Each bid must be unconditional. 'Die Bonds will be general obligation bonds of the City, dated March 1, 2000 ("Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on March I in the years and amounts shown below. Due March I ,Amount ~ Amoun! 2001 $3,805,000 2011 $3,805,000 2002 3,805,000 2012 3,805,000 2003 3,805,000 2013 3,805,000 2004 3,805,000 2014 3,805,000 2005 3,805,000 2015 3,805,000 2006 3,805,000 20 ! 6 3,805,000 2007 3,805,000 2017 3,805,000 2008 3,805,000 2018 3,805,000 2009 3,805,000 2019 3,805,000 2010 3,805,000 2020 3,805,000 Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the event that the bidders choose to spec/fy a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption commencing on March I of the first year which has been combined to form such Term Bond and continuing on March I in each year therealter until the stated maturity of such Term Bond. Tile mnount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds !o be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selecled by lot from among the Bonds of the maturity being redeemed. Description of the Bonds; Book Entry Only System The Bonds will be issued by means of a book entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York CDTC"), or its nominee, and immobilized in its custody. The book entry system will evidence beneficial ownership of thc Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on thc records of DTC and its participants pursuant to rules and procod~res established by DTC and its participants. Bond ceniticates registered in thc name of Cede & Co. will be deposited with DTC. Interest on thc Bonds will be paid semianaually on March I and September 1, beginning ~ptember 1, 2000, and principal on the Bonds will be paid annually on March 1, to DTC or its nominee as registered owner of thc Bonds. Transfer of pr/nc/pal and interest payments to benefidal owners by panic/pants of DTC will be the responsibility of such participants and other nominees of benelldal owners. The City will not be respons/ble or liable for ma/ntaining, supervis/ng or rev/ewing the records mainta/ned by DTC, its participants or persons acting tlu'ough such part/cipants. DTC may discontinue providing its services as securities depository with r~ to the Bonds at any t/mc by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepared, executed and delivered. EO'd ZIE9 60~ aI~ WgD Vii:60 O0-9[-q~d The City may dccich: to discontinuc use of the system of book-entry transfers thwugh DTC (or a su__c~e_ssor securities depository). In thai case, either a successor depository will be selected by the City or Bond certificates will be prcimred' executed and delivered. Redemption The Bonde that mature or are subject to mandatory sinking fund redemption on or beCore March 1, 2010, are not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after March 1,2011, will be $ub.~ect to redemption beginning March 1, 2010, in whole or in part at any time, at the option of the City, upon payment of the following redemption prices (cxpr~ as a percentage of principal mount of Bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed iix)th dates inclusive} March 1, 2010, to February 28, 2011 ................................................ 101% March i, 2011, to F~ruary 29, 2012 ................................................ 100.3% March 1, 2012, and thereafter ........................................................... 100% ff less than nil of the Bonds are called for redcmption, the Bonds to be redeemed shall be selected by thc City's director of finance in such manner as may be determined to be in the best interest of the City, If less than all of the Bonds of a particular maturity are called for redemption, DTC or any succes~r securities depository will select the Bonds to be redeemed pursuant to its roles and procedures or, ii' the book entry system is discontinued, will be selected by the City Tr~,asurer, who has been appointed registrar (the "Registrar"), by lot in such manner as the Registrar in its discretion may determine. In either case, each portion of the $$,000 principal amount is counted as one Bond for such purpose. The City will cau~ notice of the call for redemption identifying the Bonds or portions thereof to be redeemed lo be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner thereof. The City shall not be responsible for mailing noti~ of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities deposilory is the registered owner of the Bonds. ~ no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. ff a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security Thc Bonds will be general obligations of the City, secured by a pledge of the City's full faith and credit and unlimited taxing power. Bidding Rules; Award of Bonds Bidders may only bid to purchase ail of the Bonds. Bidders are invited to name the rate or rates of interest per armmn which the Bonds are to bear in multiples of one-twentieth (i/20th) or one-eighth (i/8th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 4 percentage points, and Co) the highest rate of interest stated for any maturity may not exe_~ed_ 7% per annum. No bid for less than 99% of par plus accrued interest (computed on the basis of a 360 day year nnd twelve 30 day months) from the Dated Date to the delivery of the Bonds shall be considered. The City reserves the right to reject any or ali bids 3 ~'O 'd L~£9 60S ~ ¥~D ¥LI:60 O0-9I-q~ (regardless of the interest rate bid), to reject an), bid not complying with this Official Not/ce of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. Unless ail bids axe rejected, the Bonds will be awarded to the bidder complying with the terms of this OiT~cial Notice of Sale and submitting a bid which provided the lowest "true" interest cost to the City. True mteres~ cost shall be determined for each bid by doubling the ~miannual interest rate, compounded semiannually, necessary to discount the debt service payments from thc payment dates to thc Dated Date of thc Bonds (March 1, 2000) and to the price bid, such price bid excluding interest accrued to the date of settlement. If more than one bid offers the same lowest true interest cost, the succes.nful bid will be s~lected by the City Manager by lot. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. Good Faith Deposit Each bid must be accompanied by a certified or cashier's obeck for $761,000 drawn upon an incorporated bank or trust company authorized to transact business in the Conunonwealth of Virginia or in the City of New York and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss resulting from the failure of the su~ bidder to comply with the terms of its bid. The check of tile successful bidder will be deposited and credited toward the purcbn~ price, and no interest will be allowed thereon to accrue to the benefit of the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returned promptly upon award of the Bonds. Bidders must also clearly indicate to whom the check should be returned in the event of an unsucces~ bid. In lieu of the check described above, the deposit may be in the form of a Financial Surety Bond in the amount of $761,000 payable to the City. Tile Financial Surety Bond must be from an insurance company acceptable to the City and licensed to issue such a bond in the Commonwealth of Virginia, and such Financial Surety Bond must be submitted to the City prior to the opening ofthe bids and must be in a form acceptable to the City. The Financial Surety Bond must identify each bidder whos~ deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then such successful bidder is required to submit its deposit to tile City in the form of a cashier's check or certified check or wire transfer not later than 11:00 a.m., Local t/me, on the next business day following the award, ffsuch deposit is not received by such time, the Financial Surety Bond may be drawn by the City to satisfy the deposit requirement. Bidders submitting an electronic or facsimile bid must deliver the good faith check (or, in lieu thereof, a Financial Sultry Bond) by 10:00 a.m., Local Time, on March 8, 2000, to the Patricia A. Phillips, Director of Finance, Virginia Beach Municipal Center, City Hall Building, Room 220, Virginia Beach, Virginia 23456. Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about March 22, 2000. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against ~O'd Z[£9 60~ ~[~ ¥~ V~[:60 o0-gI-q~J the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or coli~on of ad valorem taxes and Co) certificates dated the date of del/very of the Bonds, slating ti~at the de~riptions and statements in the Official Statement (except in the sections entitled "Book-Entry. Only System" and "Tax Exemption" and in tile colunm "Initial Yield" on the cover), on the date of the Official Statement and on the date of delivery of the Bonds, were and are true and correct in ali material respects, did not c, ad do not contain an untrue statement o/'a matenal fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in fight of the circumstances under which they were made, not misleading. Such certificates will also state, however, that such City officials d/d not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is not accurate. Certificate of Winning Bidder The successfid bidder must, by facsimile uansmis,sion or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in final form, as described below: Ao The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). Bo Selling compensation (aggregate total ant/cipated compensation to the underwriters expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described ia Subpart A above). Thc identity of the underwriters if the successfig bidder is a pan ora group or syndicate. Any other material information necessary to complete tile Official Statement in final form but not known to the City. Prior to the del/very of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the succes.~ful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such cerdticate, that the successfnl bidder has complied with MSRB Rule G-37 with respect to the City and that a substantial amount of tile Bonds of each maturity were sold to the public (excluding bond houses, brokers and other irdexmediaries) at such initial public offering prices. Such certificate shall state that (i) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in par amount of the Bonds of each maturity was sold to the public at the initial public offering price (such amount being sufficient to establish the sale ora substantial amount of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with re.$1x~ thereto shall constitute cause/'or failure or refusal by the successfi~l bidder thereof to n_~pt delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expanse of the in/t/al printing of CUSIP numbe~, provided however, that the City n.ssumes no respons~ility for any CUSIP Service Bureau or other charges that may be imposed for thc assignment of such numbers. All expenses in connection with the assigument of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the succes.xfid bidder to furnish to DTC an underwriter questionna/re and to the City the CUSIP numbers for the Bonds within two business days following the date of award. 5 90 'd Official Statement The City will furnish the successful bidder at the expense of the City up to 750 copies of the final O~cial Statcmen! within seven business days from the date of the award of thc l~nd~ ~ specified in Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC") and tile rules of the MSRB provided that minor delays in furnishing such finai Oflicinl Statement will not be a basis for failure to pay for and accept delivery, of the Bonds. Additional copies will be made available at the succes.xfui bidder's request and expense. Thc City a~umes no responsibility or obligation for thc disU'ibution or delivery of the Official Statement to anyone other than the succe~ul bidder. The successful bidder, by executing the Official Bid Form, agrees to provide one copy of the Official Statement to at least one Nationally Recognized Municipal Securities Information Repository C'NRMSIR-) within the meaning of the Rule upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or it~ designee no later than ten business days following the Date of Sale. The su~ bidder shall notify the City as soon ns practicable of(l) the date which is the end of the underwriting period (such .... - · · underwnung period is described in the Rule), and (2) the date of filing the Official Statement with a N'RMSIR and MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as ils agent for purpose~ of distributing copies of the Official Statement to each participating underwriter. Any underwriter executing and delivering a bid form with respea to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the purposes of assuring the receipt and distribution by each such participating underwriter of the Official Statement, unless another firm is so designated by the syndicate in writing and approved by the City. LegaJ Opinion The approving opinion of Hunton & Williams, Richmond, Virginia, with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that thc Bonds coustitute valid and legally binding obligations of the City and that its Council is authorized and required by law, unless other finds are lawfully available and appropriated for timely payment of rite Bonds, to levy and collect an annual ad valorem t~x, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay the principal of and premium, if any, and interest on the Bonds as the same become due. Federal and State Securities Laws No action has been taken to qualify thc Bonds under the federal securities laws or the securities blue sky laws o£ any state. Tax Exemption The Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue Code of 1986, as amended, on the exclusion from gross income of interest on the Bonds and a discussion of the opinion ofHunton & Williams insofar ns it concerns such exclusion. Continuing Disclosure To assist the succes.~l bidder in complying with the Rule, the City has agreed, pursuant to the Continuing Disclosure Agreement, to provide certain annual financial information and operating data and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary 6 /O'd Official Statement for tim Bonds and will also be set forth in the final O~cial Statement for the Bonds (See Appendix C of the Prelimin,~=y Official Statement dated February 25, 2000). Change of Date and Time for Receipt of Bids The City expects to take bids on the Bonds on March 8, 2000. However, the City reserves the right to postpone the date and time established for the receipt of bids. Any such postponement will be announced by Thomson Mun.icipal News, or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced v~ Thomson Mu,'zicipal News, or any other such service, at least tlu-ee business dnys prior to such alterrmfive sale date. Any bidder must submit a bid for the purchase of the Bonds on such alterstative ~ale dat~ in conformity with the provisions of tiffs Official Notice of Sale, except for any ct,anges announced via Thomson Municipol News, or any other such service, as described herein. Additional Information For fur. her information relating to the Bonds and tim City, reference is made to the City's Prelintinnry Ol~¢ial Statement. The City has deemed the Preliminary Official Statement to be final as of its date within the mea~ng of the Rule, except for the omimon of certain pricing and othe, r information permitted to be omitted pursttant to the Rule. The Official Bid Form and the Preliminary Official Statement may be obtained from the City's Financial Advisors, Government Finance Associates, Inc., 63 Wall Street, 16th Floor, New York, NY 10005 (telephone 212-635-5900) and Government Finance Group, a division of AED Incorpo~ted, 1601 N. Kent Street, Sttite 800, Arlington, VA 22209 (telephone 703-807-5700). CITY' OF VI~RGTN~A BEACH, VtRGI~A James K. Spore City Manager City of Virginia Beach, Virginia Dated: February 25, 2000 7 t~O ' d Z~£9 60S 2~2 ¥~9 V02:60 O0-9I-qe~ OFFICIAL BID FORM Electronic or facsimile bids must be submitted by 11:00 am, L~:al Time. To: City Manager Office of the City Manager March 8, 2000 Vh'~in/a Beach, Virgin/a 23456 On behalf of the rum(s) listed below anu pursuant to the terms and conditions l/sted in the City's Ofcial Not/ce of Sale, we otter to purcha~ the $76,100,000 General Obligation Public Improvement Bonds, Set/es of 2000 (the "Bonds"), of the City of V/rg/nia Beach, V/rgin/a, dated Ma~ch l, 2000. This offer is made for ali of the Bonds and for not less than all, rnatur~g on March ]/n the years shown below. The schedule of tnatudt/es and interest tales upon which this bid is based are as follows: 2001 $3,$05,000 201 ! $3,805,000 2002 3,805,000 -- 2012 2003 3,805,000 - 2004 3,805,000 2013 3,805,000 2005 3,805,000 "=""--=- 2014 2006 3,805,000 2015 3,805,000 2016 3,805,000 2007 3,805,000 2017 3,805,000 2008 3,805,000 2018 3,805,000 2009 3,805,000 .... 20 ! 0 3,805,000 '--='--"- 2019 3,805,000 2020 3,805,000 (¢RO$$ OUT THE SERIAL BOND MATURIH~ BEINO aiD ^S TERM BONDS.) Term Bonds (Optional - No More Than Two Term goads) Fir~ Year o£Man~t__,~ ~E.P.[}II~ Total Principal AmotmI~ % % CLEAVE BLANK ZF NO TERM BONDS ARE SPEC~"R~D) We will pay $ which is not less than $75,339,000 or not less than 99% of par (representing a clisco~nt or premium ors ), plus accrued interest from the date of the Bonds to the date of delivery and will accept delivery of the Bonds by means ora book-entry system at The Depository Trust Company, New York, NY'. Please indicate the appropriate choice: _ We have posted a surety bond in the nmount o1'$761,000, lfawn~led the bid, we will deliver to the City $761,000 in good faith money by 11.~0 a.m., Local Time, on the next business day immediately following the date o£award, or the City will draw upon the sm-ety bond and apply it in accordance with the Ofciul Notice of 8ale against any loss resulting from the succeaa~ul bidder failing to comply with the terms of this bid. We ancloscd (or previously delivered) a certified or r. asl~er's check for $761,000 drawn upon an inc. oq~t__~_ bank or trust company ns detailed in the Ofcial Notice of ~de and payable uncondit/onatly to the order of the City of Virginia Beach, Virginin, which is to be applied in accordance with the Official Notice of Sale against an~ loss resulting from the successful bidder fail/ag to comply with the terms oflhis bid. ' The good faith money will be deposited and credited on the purdmse price, ~ no interest will be credited thereon to the successful bidder. The proceeds of the check will be retained by l~e City as liquidated damasas in case the success~tl bidder fails to accept delivery of and pay for the Bonds. Checks of tmsuccessful bidders will be returned promptly upon award oft~e Bonds. The undersigned hereby acknowledges receipt and review of 0m Prelin~nary Official Stalement ret'erred to in the Official Notice ofgale. Respectl~lly submitted, ('Name of Bidding Finn) (Aulbc~.ed Signature) (Name & Phone Number of The goed £alth check has been returned and receipt tlc-eof is duly acknowledged. NO ADDITION OR ALTERATION, EXCEPT ~ PROV10EO ABOVE, SHOULD BE MADE TO TH~ 1310. (NOTE - Tim following is slated for information only and is not pan of this bid: The True Interest Cost of 0~ bid, calculated in accordance with the Of¢iai Notice of Sale, is A list of the members of our syndicate is attached.) % (to six decimal places). 60 'd ZIE9 60~ ZIZ ~dD ¥0~:60 O0-9I-q~t Item VI-K. - 34 - PLANNING ITEM # 46290 PLANNING 1. 7-ELEVEN, INC. f/k/a THE SO UTHLAND CORPORA TION CONDITIONAL USE PERMIT 2. CHECKERED FLAG VOLKSWAGEN CONDITIONAL USE PERMIT 3. HEBRON CORNERSTONE WORSHIP CENTER CONDITIONAL USE PERMIT 4. L.B.A.S., INC. t/a LONDON BRIDGE AUTO SER VICE CONDITIONAL USE PERMIT 5. TELBELE BROTHERS, L.L.C. CONDITIONAL USE PERMIT 6. LEE AND DENISE BARNES RECONSIDERATION AND MODIFICATION OF PROFFERS (Approved 7/1/97 COZ) 7. COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. COLLETT PROPERTIES, INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING 8. HALABI ONE L.L.C. CONDITIONAL CHANGE OF ZONING 9. PEMBROKE CROSSING APARTMENTS L.L.C. CONDITIONAL CHANGE OF ZONING 10. CITY OF VIRGINIA BEACH AMEND 6.3/SUBDIVISION ORDINANCE- FINAL PLA TS February 22, 2000 Item VI-K. - 35- PLANNING ITEM # 46291 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE MOTION Items 1 (DEFERRED), 2, 3, 4, 6 (DEFERRED), 9 and 10. of the PLANNING BY CONSENT. Item 1 was DEFERRED, BY CONSENT, until the City Council Session of March 7, 2000. Item 6 was DEFERRED INDEFINITEL Y, B Y CONSENT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on VI-K. 9. (PEMBROKE CROSSING APARTMENTS L.L.C.) as his law firm represents the applicant. February 22, 2000 Item VI-K.L -36- PLANNING ITEM # 46292 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED TWO WEEKS UNTIL CITY COUNCIL SESSION OF MARCH 7, 2000, the Application of 7-ELEVEN, INC., t/k/a The Southland Corporation for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF 7-ELEVEN, INC. f/k/a THE SOUTHLAND CORPORATION FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SER VICE (FUEL SALES) IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of 7-Eleven, Inc., f/k/a The Southland Corporation fo~t a Conditional Use Permit for automobile service (fuel sales) in conjunction with a convenience store on certain property located at the southeast corner of Diamond Springs Road and Wesleyan Drive (GPIN # 1468-44-3633; #1468-44-8504). Said parcel contains 1.1 acres. DISTRICT 4 - BA YSIDE. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item VI-K.2. -37- PLANNING ITEM # 46293 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council .ADOPTED the Ordinance upon application of CHECKERED FLAG VOLKSWAGEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHECKERED FLAG VOLKSWAGEN FOR A CONDITIONAL USE PERMIT R02003019 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Volkswagen for a Conditional Use Permit for motor vehicle sales and repair (expansion) on the south side of Virginia Beach Boulevard, east of Kings Grant Road (GPIN #1497-15-8417; #1497-25-0372; #1497-25-2343; #1497-25-3405). Said parcel is located at 3001 Virginia Beach Boulevard and contains 7.168 acres. ROSE HALL - DISTRICT 3. The following conditions shah be required: The development of the site shah substantially conform with the site plan prepared by MSA, P.C., dated 01/04/2000 and annotated "MSA PROd. #99163." The plan shah provide a uniform drive aisle width in front of the showroom, except where adjustments are necessary to accomtnodate an adequate turning radius for vehicles entering and exiting the site. All area lying between the drive aisle and the property line shall be incorporated into the street frontage landscape strip. Five of the required parking spaces shall be located in the parking area immediately to the east of the new car showroom, and four along the western wall of the showroom, to provide readily accessible customer parking. Nine spaces may be retained in the easternmost lot. All requiredparking spaces shall be clearly marked by sign or payment markings as customer/employee parking, and shall not be used for the display of vehicles for sale. Architectural design, materials, and colors shah conform with the "Preliminary Design for Renovations to Checkered Flag Volkswagen, "prepared by E. T. Gresham Construction, dated September 30, 1999 and revised November 24, 1999. No more than one additional bay (garage) door may be installed, which shall be located at the eastern or southern side of the structure. 4. No further administrative variances to parking lot, street frontage, and/or display area landscaping shall be granted. 5. AH auto repair must take place inside the building. No outside storage of equipment, parts, or materials shall be permitted. This Ordinance shah 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 Twenty -second of FebruarF, Two Thousand February 22, 2000 - 38 - Item VI-K. 2. PL~4NNING ITEM # 46293 (Continued) Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item VI-K.$. - 39- PLANNING ITEM # 46294 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon application HEBRON CORNERSTONE WORSHIP CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HEBRON CORNERSTONE WORSHIP CENTER FOR A CONDITIONAL USE PERMIT R02003020 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hebron Cornerstone Worship Center for a Conditional Use Permit for a church on the east side of Expressway Drive, south of South Boulevard (GPIN #I 4 77-61-5038). Saidparcel is located at 4444 Expressway Drive and contains ].384 acres. ROSE HALL - DISTRICT 3. The following conditions shall be required: The existingparla'ng lot must be resurfaced and remarked clearly to delineate the parking spaces. In addition, all handicapped- accessible spaces must be installed in accordance with the Americans With Disabilities (ADA) Act. This condition must be satisfied within 90 days of City Council approval. 2. The exterior of the building must be painted a neutral earth tone color in keeping with the surrounding buildings. 3. A landscape plan must be submitted to the Planning Director for review and approval prior to occupying the building. 4. All signage shall meet the requirements for churches located within residential zoning districts. 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 Twenty-second of February, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item VI-K. 4. - 40- PLANNING ITEM # 46295 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon Application of L.B.A.S., INC., t/a London Bridge Auto Service for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF L.B.A.S., INC. t/a LONDON BRIDGE AUTO SER VICE FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R02003021 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of L.B.A.S., Inc., t/a London Bridge Auto Service for a Conditional Use Permit for an automobile repair garage on the north side of Virginia Beach Boulevard, east of Maxey Drive. Said parcel is located at 1875 Virginia Beach Boulevard and contains 45,000 square feet. BEACH - DISTRICT 6. The following conditions shall be required: The architectural design of the structures shall substantially follow the submitted elevations titled "New Facility for London Bridge Auto Service, Virginia Beach, Virginia, "dated 12/30/99. The exterior of the building shall be painted light gray and shall be constructed of split-face block. Two blue horizontal accent "ribbons" of scored block shall be installed; one ribbon approximately halfway up the wall, just above the windows and doors, and the other along the top of the building just below the roof Four pilasters in a contrasting color/material shall be constructed along the south elevation, labeled as "Virginia Beach Boulevard Elevation ". The roof shall be a standing seam metal roof No garage door(s) shall be constructed on the south side of the building, facing Virginia Beach Boulevard. All repair work shall be automobile repair building. outside of said building. performed within the proposed There shall be no storage of parts 3. If the applicant decides to use a freestanding sign on the property, it shall be monument style. A solid wood fence (minimum height sixfeeO shall be installed to encompass the car storage area, the stormwater management facility as well as run l lO feet (the length of the building) along the eastern property line as shown on the submitted plan. A lO-foot right-of-way reservation along Virginia Beach Boulevard shall be depicted on the site plan to accommodate the ultimate l O0-foot right-of-way. All required landscaping shall be installed outside of this reservation. All structures shall be located outside of the 35-foot front setback which will be measured from the new right-of-way demarcation. 6. All landscaping shall meet or exceed the minimum requirements of the City's Zoning Ordinance. All outdoor lighting shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14feet. February 22, 2000 Item VI-K. 4. - 41 - PLANNING ITEM # 46295 (Continued) This Ordinance shall be effective in accordance with Section 107 (J) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -second of February, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item P'I-K. 5. - 42 - PLANNING ITEM # 46296 Richard Grimstead, Architect, 411 15th Street, Phone: 425-5309, represented the applicant, and advised the roof could handle 125pounds per square foot. Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon Application of TELBELE BROTHERS, L.L.C., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TELBELE BOTHERS, L.L.C. FORA CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OFANOUTDOORNATURE (PUTT-PUTT GOLF COURSE) R02003022 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Telbele Brothers, L.L. C. for a Conditional Use Permit for a recreational facility of an outdoor nature (Putt-Putt Golf Course) on certain property located at the southwest corner of Atlantic Avenue and 18th Street (GPIN #242 7-05- 7420). Said parcel contains 5, 760 square feet. BEACH - DISTRICT 6. The following conditions shall be required: The hours of operation for the facility are limited to 10.'00 am to 12.'00 midnight. All lighting for the facility is to be directed inward to the rooftop playing surface of the miniature golf course. The facility is limited to a maximum of sixty (60) patrons on the rooftop at any time. There shall be no outdoor loudspeakers. There shall be no live or recorded music played from the rooftop. This Conditional Use Permit is good for one year from the date of approval by the City Council and can be reviewed and renewed only by action of the Planning Commission and the City Council. The applicant is to provide security, other than the attendant, on the roof during hours of operation. 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 Twenty -second of February, Two Thousand February 22, 2000 - 43 - Item VI-K.$. PLANNING ITEM # 46296 (Continued) Voting: 6-4 Council Members Voting Aye: Linwood O. Branch, III, William W Harrison, Jr., Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Margaret L. Eure, Barbara M. Henley and A. M. "Don" Weeks Council Members Abstaining: Nancy K. Parker Council Members Absent: None Council Lady Parker ABSTAINED as she and her husband own Parker Pools and S. A. Karageorge is one of the owners of this property and is a client of theirs. February 22, 2000 - 44 - Item VI-K. 6. PLANNING ITEM # 4629 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED INDEFINITEL Y: RECONSIDERA TION and MODIFICA TION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R-lO Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15 acre commercial site (CENTERVILLE - DISTRICT 1). Voting: 1 I-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 - 45 - Item VI-K. 7. PLANNING ITEM # 46298 Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and advised the site for the proposed LOWES is located in the London Bridge area. Chris Thalmann, Site Development Manager - Lowes Attorney Carl Eason, 1100 One Columbus Center, spoke in OPPOSITION Upon motion by Councilman Branch, seconded by Councilman Jones, City Council DEFERRED TWO WEEKS UNTIL CITY COUNCIL SESSION OF MARCH 7, 2000, Ordinances upon application of COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETT PROPERTIES, INC. for Conditional Changes of Zoning: ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM B-2 to CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. and Collett Chesapeake Partners, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-2 Community Business District on certain property located at the southeast intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497- 84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85- 8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3.481 acres. BEACH- DISTRICT 6. AND, ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on certain property located on the east side of Parker Lane beginning at a point 150feet more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855, #1497-84-8654, #1497-84-5907, #1497-84-7994). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for light industrial, business parks and other compatible uses. Said parcel contains 8.433 acres. BEACH- DISTRICT6. Voting: 10-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: John A. Baum Council Members Absent: None February 22, 2000 Item VI-K. 8. - 46- PLANNING ITEM # 46299 Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and voluntarily agreed to install the landscaping requested along the strip of land in the City's right-of-way on Witchduck Road. Upon motion by Councilman Weeks, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon application of HALABI ONE LLC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF HALABI ONE LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Z02001158 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Halabi One LLC for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District at the southeast intersection of North Witchduck Road and Admiral Wright Road (GPIN #1467-85-3076). The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for office, appropriately located industrial and employment support uses in accordance with other Plan policies. Said parcel is located at 234 North Witchduck Road and contains 6,500 square feet. KEMPSVILLE - DISTRICT 2. The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and are hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen_ty -second of February, Two Thousand Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Cit oF Virginia Beach In Reply Refer To Our File No. DF-$087 DATE: February 9, 2000 TO: Leslie L. Lilley FROM: William M. Macali [~ Conditional Zoning Application Halabi One, L.L.C. DEl:q': .City Attorney DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 22, 2000. I have reviewed the subject proffer agreement, dated December 13, 1999, 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 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 the rezoning; and 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 instnnnent; 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 heating before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, 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, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of ~_uid 0ro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property under the B-2 zoning classification, and hereby covenant and agree 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, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Although the Property shall be zoned B-2, the following uses shall be prohibited on the Property: 2 THIS AGREEMENT, made this 13th day of December, 1999 by and between HALABI ONE, L.L.C., a Virginia limited liability company, owner of the property described on the attached Exhibit A (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: 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 1-1 (Industrial) to B-2 Conditional on certain property which contains a total of 0.15 acres, more or less, located in the Bayside Election District of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the C-rantee's policy is to provide only for the orderly development of land for various purposes, including multi-family and office 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 B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the C_mmtor has voluntarily proffered in writing in advance of and prior to the public hearing before the Cnantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 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 Prepared by Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 (a) a convenience store; (b) an automobile service station; (c) borrow pit; (d) eating and drinking establishments with drive-through facilities; and (e) a liquor store. 2. The Property shall be developed substantially as depicted in the Exhibit entitled "Site Plan of Remaining Part of Lots I & 2, Block 47 EUCLID PLACE (M.B. 4, P-63) for Halabi One, L.L.C., a/k/a//234 North Witchduck Road - Virginia Beach, VA" prepared by John E. Sirine & Associates, Ltd., dated December 14, 1999, which exhibit has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach (hereinafter referred to as the "Site Plan"). Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All 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 the conditional zoning amendment is approved by the Grantee. The Cnantor 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 shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be 3 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 Grantors 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 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 Orantors and Grantee. WITNESS THE FOLLOWING SIGNATURES AND SEALS. HALABI ONE, L.L.C. By: Titl~ _(SEAL) STATE OF V/~/~/~ CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this/.4" day of ~ ~c-c'. ,1999, by f'~ i~-- d/"/~,"~J / , as ,4'/,~ ~. of Halabi One, L.L.C., a Virginia limited liability company, on behalf of the limited liability company. ~(ary Public My Commission Expires: 4 EXHIBIT A ALL THOSE certain lots and parcels of land described as Lot I and Lot 2 in Block 47 on the plat of Euclid Place recorded in the Virginia Beach Circuit Court Clerk's Office in Map Book 4 at page 63, less and except the portions of Lots I and 2 as referenced above taken by the Commonwealth of Virginia, Department of Transportation by Certificate of Take No. C-300S6, dated September 18, 1979 and recorded in Deed Book 195S at page 568. Said properties being conveyed to their current owner by deed dated June 16, 1999, which deed is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, ... Virginia, in Deed Book 4159, at page 1690. 26149 6 Item VI-K. 9. -47- PLANNING ITEM # 46300 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application ofPEMBROKE CROSSING APAR TMENTS L.L.C. fora Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF PEMBROKE CROSSING APARTMENTS, L.L.C. FOR A CHANGE OF ZONING FROM B-2 TO CONDITIONAL A-18 Z02001159 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pembroke Crossing Apartments, L.L. C. for a Change of Zoning District Classification from B-2 Community Business District to ConditionaI A- 18 Apartment District on certain property located at the northwest corner of Sullivan Boulevard and Pembroke Boulevard (GPIN #1478-31-8845). The proposed zoning classification change to Conditional A-18 is for multi-family residential land use at a density no greater than 18 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other plan policies. Said parcel contains 1.12 acres. BA YSIDE - DISTRICT 4 The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and are hereby made a part of the record. 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 Twenty -second of February, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 City o£ Vir'i;ini : Re. ach In Reply Refer To Our File No. DF-5056 DATE: February 9, 2000 TO: FROM: RE: Leslie L. Lilley William M. Macali ~/l Conditional Zoning Application Pembroke Meadows Associates, L.L.C. DEPT: DEPT: City Attorney City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 22, 2000. I have reviewed the subject.proffer agreement, dated October 21, 1999, 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 Prepared by Shuttlewortl~ Ruloff & Giordano, P.C.' AGREEMENT THIS AGREEMENT, made this 2lscday of October, 1999 by and between PEMBROKE MEADOWS ASSOCIATES, L.L.C., a Virginia limited liability company, Property Owner, (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH 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 B-2 (Commercial) to A-18 (Apartment) on certain property at the intersection ofN. Witchduck Road and Pembroke Boulevard, located in the Bayside Borough of the City of Virginia Beach, Virginia, more particularly described in the attached EXHmlT A (hereinafter the "Property"); and. WHEREAS, the Grantees' policy is to provide only for the orderly development of land for various purposes, including multi-family 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 land 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 A-I 8 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the. public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A- 18 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 the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the CZO, 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 or recordation of such instrument; Provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an 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 15.2-2204 which said ordinance or resolution shall be recorded along with said iustmment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction fi.om the Grantee or its governing body and without any element of compulsion of quid pro ~ 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 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, assi~m.% grantees and other successors in interest or title, namely: 1. The Property shall be developed substantially as shown on the preliminary site plat entitled "Preliminary Site Plan for Pembroke Crossing Apartments", dated October 8, 1999, prepared by Basgier & .Associates labeled as Exhibit B (hereinafter the "Site Plan"), a copy of which is exhibited to the City Council of the City, and on file in the Planning Department of the City. (16). The number of dwelling units constructed on the Property shall not exceed sixteen 3. Grantor shall grant to Grantee a no ingress/egress easement along the portions of the Property contiguous to Pembroke Boulevard and Witchduck Road, with the exception of the ingress/egress point to Witchduck Road shown on the Site Plan. 4. The principal buildings 6onstructed on the Property shall be two-story buildings, and the building materials and architecture shall be similar to the existing Pembroke Crossing Apartments. 5. The dumpster shown on the Site Plan shall be screened from view on three sides by a six (6) foot high solid wooden fence and plant material (minimun 36 inch high) to cover 2/3 of the fence in three years. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and department to meet all applicable City Code requirements. Ali 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 Vir~nla 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 shall 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 to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown 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 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 PEMBROKE MEADOWS ASSOCIATES, L.L.C. a Virginia limited liability company B~~apoli~tano Trust I, Memb er t7 Richard E. Olivieri, Member 'BY: Emilio Olivieri Family Partnership No. 1, i,TRichar~E. 0livieri, Managing Partner 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 21 st day of October, 1999 by Frederick J. Napolitano, as Trustee of Frederick J. Napolitano Trust I, Member of Pembroke Meadows Associates, L.L.C., a Virginia limited liability company, on behalf of said company. My commission expires: 4/30/01 ' " Not~ic. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing insmunent was acknowledged before me this 21st day of October, 1999 by Richard E. Olivieri, Managing Parmer of Emilio Olivieri Family Partnership No. 1, a Virginia general partnership, which in turn is a member of Pembroke Meadows Associates, L.L.C., a Virginia limited liability company, on behalf of said company. My commission expires: 4/30/01 Not~lic STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My commission expires: 4/30/01 The foregoing instrument was acknowledged before me this 21 st day of October, 1999 by Richard E. Olivieri, Member of Pembroke Meadows Associates, L.L.C., a Virginia limited liability company, on behalf of said company. Notary~~I~ 4 EXHIBIT A Li~.GAL D]~SCRIPTION FOR PARCEL I- 1 Beginning at a point situate lying and being in the City of Virginia Beach, Virginia, at the intersection of northerly right-of-way of Pembroke Boulevard and the westerly right-of-way of Sullivan Boulevard, as recorded in Map Book 113, at page 42, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence following the northerly right-of-way of Pembroke Boulevard S 76° 37' 30" W, 173.70' to a point of curvature; thence following a curve to the left with a radius of 747.44' and an arc length of 92.21' to a point; thence, following the easterly right-of-way of Witchduck Road, N 08° 59' 25" W, 54.20' to a point of curvature; thence following a curve to the right with a radius of 45.00' and an arc length of 37.24' to a point of tangency; thence N 38° 25' 21" E, 246.72' to a point of curvature; thence, following the westerly right-of-way of Sullivan Boulevard, along a curve to the right with a radius of 30.00' and an arc length of 47.41' to a point of compound curvature; thence following a curve to the right with a radius of 158.42' and an arc length of 104.09' to a point oftangency; thence S 13° 22' 30" E, 96.99' to a point; thence S 34° 37; 30" W, 40.35' to the point of beginning. I:\USERS\VOSLER~DOCSkPROFAGMT.PMA 5 - 48 - Item VI-K. I O. PLANNING ITEM # 46301 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND Section 6.3 of the Subdivision Ordinance by DELETING the requirement that final plats contain certain information concerning eligibility for connection to the public water supply system. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE BY DELETING PROVISIONS PERTAINING TO THE WATER SUPPLY EMERGENCY ORDINANCE SECTION AMENDED: § 6.3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6.3 of the Subdivision Ordinance of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 6.3. Final plats and data. The final subdivision plat shall be prepared by a certified civil engineer or land surveyor in ink on an approved durable tracing-medium at a scale of 1" = 100' unless a different scale is approved by general rule for classes of cases or by the planning director in a particular case. All original tracings shall be presented between the following sizes: 81/2" X 11" and 18" X 24" Lettering shall be no less than one-tenth inch or 2.54 mm. in height. Lettering and line weight shall be no less than .013 inches or .3302 mm. Letter and line spacing for control pencil drawings shall be no less than .050 inches and for ink drawings no less than .040 inches. When more than one sheet is required, all sheets shall be numbered and of the same size, with match marks to guide preparation if composite maps, and an index map on a sheet of the same size as the sectional maps shall be filed, which shall show, among other things, sectional map numbers, all lot and block numbers, and street names. In addition, a small scale location map showing the property shall be required. The final plat shall show the following data, and shall be completed and processed as indicated: 31 (x) [reserved] 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of February, 2000. 5O 51 52 53 CA-99-7553 wmm/ordres/47-06-3.com R-1 December 1, 1999 Item VI-L. 1. APPOINTMENTS ~ 49- ITEM # 46302 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEAL TH SER VICES AD VISOR Y BOARD VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD February 22, 2000 Item VI-L. 2. - 50- APPOINTMENTS ITEM # 46303 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Beatriz Amberman Ellis D. Hinnant-Will Betsy O. Karotkin Sylvia Nery Strickland-Primm 3-Year Terms 2/1/2000 - 3/31/2003 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item VI-L.3. - 51 - APPOINTMENTS ITEM # 46304 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Kenneth F. Palmer I-Year Term 4/1/2000 - 3/31/2001 THE PLANNING COUNCIL Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 3/[. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 Item VI-Nd. NEW B USINESS ITEM # 46305 BY CONSENSUS, City Council ACCEPTED: ABSTRACT OF CIVIL CASES RESOLVED - JANUARY2000 February 22, 2000 - 53 - Item VI-N. 2. NEW BUSINESS ITEM # 46306 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADDED to the Agenda: Ordinance to designate ALL SAINTS EPISCOPAL CHURCH as an Emergency Polling Place for the Great Neck Precinct Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 - 54 - Item VI-N. 3. NEW BUSINESS ITEM # 46307 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to designate ALL SAINTS EPISCOPAL CHURCH as an Emergency Polling Place for the Great Neck Precinct Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Designate All Saints' Episcopal Church as an Emergency Polling Place for the Great Neck Precinct. MEETING DATE: February 22, 2000 Background: Francis Asbury United Methodist Church, located at 1871 N. Great Neck Road is the polling location for the Great Neck precinct. The church facility where polling occurs will be demolished (to be rebuilt), and is thus unavailable as a polling location for the May 2, 2000 elections. Therefore, a new site has been approved by the Virginia Beach Electoral Board at All Saints' Episcopal Church located at 1969 Woodside Lane. This location meets the requirements of the Americans with Disabilities Act. Considerations: Immediate City Council action is necessitated so the site may be approved by the Department of Justice and citizens notified before the May election. The Code of Virginia, at § 24.2-310 (D), permits the use of alternative polling places in emergency situations. This action will be advertised and presented again to City Council for ratification on March 14, 2000. Public Information: Voters of the Great Neck precinct will receive new voter cards with the name and address of the new polling location. Advertisements will be placed in the newspaper before the May 2, 2000 election to remind voters and a press release also prepared to alert voters. Recommendations: Approval Attachments: Recommended Action: Submitting Department/Agency: Marlene Claya Hager, Voter Registrar,~,~_~ City Manager: CA7615.arf 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO DESIGNATE ALL SAINTS' EPISCOPAL CHURCH AS AN EMERGENCY POLLING PLACE FOR THE GREAT NECK PRECINCT WHEREAS, the existing polling place for the Great Neck precinct, Francis Asbury United Methodist Church, is unavailable for the May 2, 2000, election, due to construction at the church; WHEREAS, the Code of Virginia, at §24.2-310(D), provides for the establishment of emergency polling places; and WHEREAS, Ail Saints' Episcopal Church has agreed to allow its facilities to serve as a polling place for the Great Neck Precinct. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Ail Saints' Episcopal Church is hereby designated, on an emergency basis, as the polling place for the Great Neck precinct. 2. That the General Registrar shall publish and mail notice of this change as required by law. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of February, 2000. CA7615 ORDIN~NONCODE~All Saints'.ord Ri February 18, 2000 APPROVED AS TO CONTENT: Voter R~e~s~rar ~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - 55- Item VI-N. 4 NEW BUSINESS ITEM # 46308 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADDED to the Agenda: Resolution to support the retention of the Phase II/'Gateway "portion of Laskin Road as a 2-way street. Voting: 1 !-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 - 56- Item VI-N.$. NEW BUSINESS ITEM # 46309 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to support the retention of the Phase II/"Gateway "portion of Laskin Road as a 2-way street. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22, 2000 1 2 Requested by Vice-Mayor W.D. Sessoms, Jr. and Councilmember Linwood O. Branch, III 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION SUPPORTING THE RETENTION OF THE PHASE II/GATEWAY PORTION OF LASKIN ROAD AS A TWO-WAY STREET WHEREAS, the City is in the process of formulating the Laskin Road Corridor Plan ("Corridor Plan") as an addition to the Comprehensive Plan; and WHEREAS, the Corridor Plan contemplates that Laskin Road will remain a two-way street for its entire length, including that portion of Laskin Road, identified in the Corridor Plan as Phase II/Gateway, which is closest to the Oceanfront; and WHEREAS, the City Council supports the recommendation of the Corridor Plan in that regard; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby supports the retention of Laskin Road, Phase II/Gateway as a two-way street, as contemplated by the Laskin Road Corridor Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of February, 2000. CA-00-7614 wmm~ordres~laskinrd.res R-1 February 17, 2000 Item VI-N. 6. -57- NEW B USINESS ITEM # 46310 Mayor Oberndorf and Vice Mayor Sessoms sponsored Dr. Clarke Russ, a retired orthopaedic and trauma surgeon. Dr. Russ, a former Chairman of the Emergency Room Committee of Virginia Beach General Hospital, Chief of Staff and long time advisor to one of its volunteer rescue squads, responded to the.flurry of adverse press reports relative the Virginia Beach Volunteer Rescue Squad. The squad has been verbally attacked by the Virginia Beach Professional Firefighters Union. Fire department call responses cost the City over $1300 each. Volunteer rescue services cost nothing. Volunteers add $9-MILLION in value of services annually, which equates to over one-third of the Fire Department's annual budget. The volunteers need to be encouraged and supported with better equipment and facilities, more tax relief to acknowledge the value of their work, child care support, tuition relieffor students at local public colleges, mileage reimbursement for personal car use and increased public recognition. The City Manager advised data is available and has been disseminated relative this system. The City Manager will provide a report also encompassing the number of fire responses and population over the last five to ten years. February 22, 2000 - 58 - Item VI-O. AD JO URNMENT ITEM # 46311 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:56 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February22, 2000