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Home My WebLink AboutAPRIL 13, 1993 MINUTES-8- Item III- G. 1. RESOLUTION ITEM #36660 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution providing for the issuance and sale of General Obligation Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the maximum amount of $170-Million, providing for the form, details' and payment thereof; and, refunding of certain bonds of the City (Revision of Resolution adopted March 30, 1993) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 BI-PF T: \VAB\93Ref\ResA. 001 4/8/93 il: 44 a.m. [Refunding With Delegation] [~pril 15 dated date] At a regular meeting o~ thc. city Council of the City of Virginia Beach, Virginia, held on April 13, 1993, at the time and place established by the City Council for such meetings, at which the following members were present and absent: PRESENT John A. Baum Linwood O. Branch, III James W. Brazier, Jr. Robert W. Clyburn Robert K. Dean Louis R. Jones Paul J. Lanteigne Mayor Meyera E. Oberndorf Nancy K. Parker Vice Mayor W~ll~am D. Sessoms, Jr. ABS~.NT: John D. Moss the followin§ resolution was adopted by the affirmative roll-call vote of a majority of the members of the City Council, the ayes and nays being rscorded in the minutes of the meeting a-~ shown below: MEE'BER John A. Baum L~nwood 0. Branch, III James W. Brazier, Jr. Robert W. Clyburn Robert K. Dean Louis R. Jones Paul J. Lanteigne Mayor Meyera E. 0berndorf Nancy K. Parker Vmce Mayor William D. Sessoms, Jr. VOT~ Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye RE~OLUTION PROVIDING FOR THE ISSUANCE AN]) S;tLE OF GE~IEP~AL OBLIGATION REFUNDING BONDS, SERIES OF 1993, OF THE CITY OF VIRGINI]% BEACH, VIRGINIA, IN THE MAXIMUM AMOUI~T OF ~$170,000,000, PROVIDING FOR THE FO~/4, DETAILS AND PAYMENT THEREOF AND PROVIDINO ]?OR THE REFUNDING OF CERT~%IN BONDS OF THE CIT~ WHEREAS, the City of Virginia Beach, Virginia (the "City"), kas the following bond issues outstanding: (a) Gereral Obligation Public Improvement Bonds, Series of 199lC, da~;ed ~ugust 1, 1991, in the aggregate outstanding principal amount of $4~,600,000; (b) Gereral Obligation Public Improvement Bonds, Series of 1991A, dated July 31, 1991, in the aggregate out~tan-~ting principal amount of $35,860,000; (c) Gereral Obligation Public Improvement Bonds, Series of 199(]A, da'~-ed June 1, 1990, in the aggregate outstanding principal amount of $3(,945,000; (d) Ger.eral Obligation Public Improvement Bonds, Series of ~ 989A, dated October 1, 1989, in the aggregate outstanding ~.rincipal amc.unt of $34,15'0,000; (e) Gereral Obligat.[on Public Improvement Bonds, Series of 1988A, dated April 15~ 1988, in the aggregate outstanding principal amount of $33,560,000; (f) Gereral Obligation Publ.~c Improvement Bonds, Series of 1987, dat=~d [fay 15, 1987, in the aggregate outstanding principal amotlnt off $21,015,000; (g) Gereral Obligation Public Improvement Refunding Bonds, Series of 1986, dated September 1, 1986, in the aggregate c.utstandil~g F, rincipal amount of $26,090,000; (h) Ger eral Obligat:ion Public Improvement Bol%ds, Series of 1986, dated :4ay 1, 1986, in the aggregate outstanding principal amount of $3C,590,000; (i) Gereral Obligation Water and Sewer Refunding Bonds, Series of 1986, dated September 1, 1986, in the aggregate outstanding ~.rincipal amount of $8,235,000; (j) Ger.eral Obligation Water and Sewer Bonds, Series of 1986, dated May 1, 1c,'86, in the aggregate outstanding principal amount of $4,935,000; (k) Ger. eral Obligation Public Improvement Refunding Bonds, Series of 1985, dated November 15, 1985, in the aggregate out:~tanding ~.rinc~pal amount of $18,275,000; (1) Ger. eral Obligation Public Improvement Bonds, Series of 1975, dated December 1, 1975, in the aggregate outstanding ~.rincipal amc.unt of $3,075,000; (m) Correctional Facility Bonds, Series of 1975, dated December [[, 19'75, in the aggregat~ outstanding principal amount of $1,175,000; -2- (n) Public Improvement Bonds, Series of 1979, dated November 1, 1979, in the aggreqa~-.e outstanding pr inc J pal amount of $6, .650,000; WHEREAS~ it appears that the City can effect considerable savings by issuing its general obligation refunding bonds in the maximum amount of $170 , 000 , 000 (the "Bonds") to re~:und all or a port. ion of the follcwing maturities of suc~ bond issues t'collectively, the "Refunded Bonds"): (a) Ge~eral C. bligation Public Improvement Bonds, Series of ]_99/C, matur:.ng on August 1, 9.008 throuqh 2011, in the aggregate principal amount of $9,850,000 (the "Refunded 199]C Bonds"); (b) Ge~eral Obligation Public Improvement Bonds, .qeries of 1.99~A, matur'[ng on March 1, 2006 through 2011, in 'the aggregate principal am¢~unt of $11, 940., 000 (the "Refunded 1991A Bonds"); (c) General Obligation Public Improvement Bonds, series of 2004 through 2010, 1990A, matur.[ng on June. l, in the aggregate principal amount of $14 , 350,. 000 (the "Refunded 1990A Bonds"); (d) Ge~eral Obligation Public Improvement Bonds, Series of 1989A, maturing o~ October 1, 2000 through 2009, in the aggregate principal amount of $20,100,000 (the "Refunded 1989k Bonds"); (e) General obligation Public Improvement Bonds, Series of 1988A, maturLng on May 1, 1999 through 2008, in the aggregate principal amc,unt of $20,960r000 (the "Refunded 1988A Bonds"); (f) General Obligation Public Improvement Bonds, .~leries of 198'7, maturing on May 1~ 1998 through 2000, in the aggregate principal amount of $7,2'30,()00 (the "Refunded 1987 Bonds"); (g) Ger.eral Obligation Public Improvement Refunding Bonds, Series of 1986, maturing on July 15, 1998 through 2000, and July 15, 2003 and 2004, in the aggregate principal amount of $14,700,0,~0 (the '"Refunded 1986 Refunding Bonds"); (h) G~.neral Obligation Public Improvement B.onds, Series of ].986, maturing on May 1, 1997 through 2006, in the aggregate principal amount of $24,390°000 (the "Refunded 1986 Bonds"); (i) General Obligation Water and Sewer Refunding Bonds, Series of 19F6, maturing o~] July 15, 1999 through 2004, in the aggregat.@ principal amount of $4,335,000 (the "Refunded 1986 Water and Sewer Retunding Bonds"); (j) Ger. eral Obligation Water and Sewer Bonds, Series of 1986, maturing on May 1, 1997 thro%lgh 2006, in the aggre~ate principal amount of $3,940,000 (the Refunded 1986 Water and S.~wer Bonds"); -3- (k) General Obligat:i. on Public Improvement Refunding Bonds, set.Les of 198'5, maturing on DecEmber 1, 1996 and 1997, in the aggregate principal amount of $6,930,000 (the "Refunded 1985 Kefunding Bords"); (1) Gereral Obligation Public Improvement Bonds, Series of ]975, matur~.ng on December 1, 1993, through 1995, in the aggregate principal amc.unt of $3,075,000 (the "Refunded 1975 Bonds'"); (m) Correctional Facility Bonds, Series of 1975, maturing on December i, 1993, throuqh 1995, in the aggregat~ principal amount of $1,175,00¢ (the "gefunded 1975 Correction Bonds"); (n) Public Improw~.men't Bonds, Series of 197c~, maturing on 5ow~mber I, 1993, through 1999, in the aggregate princip~,l amount of $6,650,00C (the "~efunded 1979 Bonds"); and WHER:ZAS, on March 17, 1993, the issuance of the Bonds to r. efund the R=~funded Bond~; was approved by the Sta'te Council on Local Debt ~s roq~ired by .~;ection 15.1-227.46 of the Code of %irginia of 1950, as amended; WHER.MAS, the City Council adopted a resolution on March 30, ~993 (the "Prior Resc. luti¢~n"), providing for the issuance: of such bonds and the city Council has determined to repeal the Prior Reso lut i'on; BE IT R].]SOLVRD BY THE CITY COUNCIL OF THE CI~:Y OF VIRGINIA 1. Ism.uance an~ Sale. There are authorized to be issued ~nd sold general obligation bonds in the ma'~imum amount of $170,000,000 for refunding all or a portion of the Refunded Bonds ~nd to pay costs of issuance of such bonds. The Bonds shall (a) bear interest at a "true" or "Canadian" interest cost not to exceed 6.5%, taking into account original issue discount or premium, if any, (b) shall be sold with an underwriters' discount not to exceed .75% of the principal amount thereof, and (c) sh~ll mature not later thal~ JL. ly 15, 201]. Z. Bond Details. The bonds shall be designated "General Obligation Refunding Bonds, Series of 1993" (the "Bonds"), shall be d. ated April 15, 199~, , shall be in registered form, in denominations ¢.f $5,000 and multiples thereof, and shall be numbered R-1 upward. Each Bond shall bear interest from its date at such rates as shall be deters.[ned .at the time of sale, payable semiannually on January 15 and July 15, beqinning January 15, 1994. Principal shall be payable tm the reqistered owners upon ~urrender of Bonds as they become due at the office of the Registrar, as defined below. Interest shall be payable by check or draft m~iled to the r'eg[ster.~d owners at their addresses as they appear on the registration books kept by the Registrar on the first day of the -4- month of E~ac:h Lnterest payment date. Principal and interest shall be payabl,_= in lawful money of the United States of America. Initiakl.y, one Bond certificate for each maturity of the Bonds ~;haLl be issued and registered to T~e Depository T~ust Company, New %ork, New York ("DTC"), or its nominee. The City sh~ll enter into Letter of Repre.~;entat~ons relating to a book-entr~- system to be maintainsd by DTC w~th res]~ect to the Bonds. "Securities Deposito- ry'' shal] mean DTC or any ¢)ther sec~rities depository for the Bonds ~ppointed pu~'.suant to this Section. In the event -~hat (a) the Securities Depository determines not to continue to ac~: as the securities depository fo]: the Bonds by c.!ivLng notice to tl%e Registrar, as hereinafter d,~f~_ned, and the C~ty discharges its responsibLlities hereunder, or (b) the city in ~ts sole discreticn determines (i) that beneficial c~;ners of Bonds ~;haLl be able ~o obtain certificated Bonds or (ii) tc~ select a new Securitie.~ D,=~pository, then the City Manager .~;ball attempt to locate ~aother qualified securities depositor~ to serve as Securi~ie~ D.=_pository or authenticate and deliver certificated 5~onds tc the beneficial .~wners o~ to the Securit..es Depository participants on bel~alf of beneficial owners substantially in the form providedl for in Section 5; provided, however, that such form shall provide for intere~;t on the Bonds to be payable (A) from Apr[1 15, 19~.3, i~ it is authenticated prior to January ~.5, 1994, or (B) o~herwise from the Cranuary 15 or July 15 that is, or _~mmediataly ~;recedes the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to whlcli interest has been paid). In delivering certificated Bond~, the Registrar shall be entitled to rely on the £ecords of the Securities Depository as to the beneficial owners or the records of the Securities Depositorf participants acting on behalf o~ beneficial owners. $uc1% cer':Lficated Bonds will then be registrable, tr~nsferable and exchangea'01e as set forth in Section 7. So long as there is a Securities Depository fc)r the Bonds (1) it or its nominee shall be the registered owner of t~e Bonds, (2) r, otwithstand~ng anything to the contrary in this Resolution, c~etermina~ions of persons ent~t]sd to payment of principal and ~nterest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Secuzit[es Depository and shall be e~fect~.d pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the CLty shall not be resp,)nsibla or liable fc~r maintaining, supervising or reviewing the :~ecords maintained by the Securities Depository, its participaats (~r person~ acting through such participant~, (4) reference:~ in this Resolution to registered owners of the Bonds s.haL1 mean such Securities Depository or its nomin~.~ and shall not mean the ben~'~ficial owners of the Bonds, and (5) in the event of ~ny inconsistency between tl].=_ provisions of this Resc~].ution and the provision:~ o~ the above-referenced Letter of Repressntations such provision.~ of the Letter of Repre~ontations, except to the extent set forth in ':his paragraph and the next preceding paragraph, shall control. 3. Redemption Prov is:ions. redemption p~'ior to maturity. The Bonds are not subject to 4. ]~xeoution and Authentication. The Bonds s~all be signed by the manual or facsimile signature of the Mayor, :shall be countersigned, by the manual or facsimile signature of the Clerk, ond the City's seal shall be affixed thereto or a facsimile thereof p. rinted tl%ereon. No Bond signed by facsimile signatures shall be valid until it has been authenticated by the manual s~gnature of an authorized officer or employee of the Registrar a~d the date of authentic,~tzcn noted thereon. 5. Bond Form. following fo=m: Bonds shall be in subs. tantially the 1~ EGX S T ER]~.D RESISTERED No. R-__ UNITED ~TATES OF AMERICA CO~(ONW,EALTH OF VIRGINIA CITY OF VIRGINIA BEACH ¢]~neral OblAqation Refundimq Bon,d, series of 1993 INTI]R~ST MATURITY DATE DATED DATE CUSIP April 15, 1993 REGISTER],:D OWNER: PRI};CIPAL AMOUNT~ DOLLARS The city of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof, to the registered owner thereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, and to pay interes~ hereon from its date semiannually on each January 15 and July 15, beginning January 15, 1994, at the annual rate stated above. Principal and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed paying agent and registrar for the bonds, or at s. uch bank or trust company as may be appointed as successor paying agent and registrar by the City (the "Registrar"). Notwithstanding any other provision hereof, this bond is subject t¢. a book-entry system maintained by The Depository Trust -6- Company ("DTC"), and the payment of principal and interest, the providing of notices and[ other matters shall be made., as described ~n the City'.-. Letter of Representations to DTC. Thi.s bond is one of an issue of $ General obligation Ref~Inding Bonds, Se'ties of 1993, of like date and tenor, except as to number, denomination, rate of interest and maturity, issued pursuant ~o s resolution adopted by the city Council on April 13, ] 99.], and %he Constitu~ ion ~nd statutes of the Commonwealth of Virqinia, including the City Charter and the Public Finance Act of 199[, to prov_[d@ funds to refund portions of vari,:,us series of c~eneral obl'_gatio~, bonds issued by the city between 1985 and 1991. The 3onds are not .~:ubject to redemption prior t.o maturity. The full [azth and mredit of the City are irrevocably pledged for the payment of principal of and interest on this, bond. The Registrar shall treat, the registered owner o~: this bond as the person e~clusively entitled to payment of principal of and ~nterest on ~-his bond and tPe exercise of all other rights and ~owers ,Df the owner, excep~ that interest payments ,~hall be made to the person sho~n as the owner on the first day of 2h~ month of each interest paynent date. Ail acts, conditions and things required by the Con.~;titution and statutes of the Commonwealth of Virginia to happen, exist or be ~erformed pr,~cedent to and in the issuance of this bond have happened, exist and have beel% performed, and the issu,,.=.; of the bonds cf which th~s bond ]_s one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the £on:~titut[on and statutes of the Commonwealth of Virginia. IN WITNES;~ WHEREOF, the City of Virginia Beach, Virginia, has caused tit:ts bond to be signed by its Mayor, to be codntersigned by its Clerk.. its seal to be affixed hereto and this bond to be dated April 15, 1993. COUI{TERS I(~,NED ~ Clerk, C'~[y of Virginia Be. ach, Virginia ( SEAL) Mayor, di[y o[ Vzrglnla Beach, Virginia ASSiGmMENT FOR VALUE RECEIVED the undersigned hereby sell(,~), assign(s) and transfer(s) unto [ PLEASE INSERT SOCIAL SECURITY OR OILER IDENTIFYING NL~BER OF TRANSFEREE: ] -7- (Please prin- or type name and address, including zip code, of Transferee) the with~ n bond and all rights thereunder, hereby, irrevocably const~tut~n~ and appointing , Attorn~{.. , to transfer ~aid bond on the books kept for the registration t.hez.'~.of, with full pow~=.r of sub-~titut~on in the premises. Dated: Signature Guaranteed NOT£CE: Sl-g~tature(s) must be guaranteed by a member firm of '~he New York Stock Exchange ,Dr a commercial bank or trust company. (Signature of Re[3istered Owner NOTICE: The ~ignature above must correspond with the name of the registere~] owner as it appears on the front of this bond in ev,.=-ry particular, without al~:eration or enlargement or any change whatsoever. ~. Pledge of Full Faith an4 Cre4it. The i~lll faith and credit of th6. city are irrevocably pledged for the payment of the principal of and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely p;,~yment of the 5onds, th~- City Council shall levy and collect an annual ad valorem tax, over and above all other taxe~ authorized or ~[mited by law ~nd without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and interest on the Bonds. ?. Registration, Transfer an~ Owners of Bonds. The City Treasurer is appointed paying agent and registrar o~ the Bonds (the "Reqistra'c") . If no qualified securities depo.~.itory is the r'eg[ster.~_d owner o~ the Bonds, the City may appoint a qualified bank or trust company as successor Registrar. The Registrar shall maintain registration books for the registration al~d exchange of Bonds. Upon presentation and surrender of any Bond to the Registrar, at its corporate trust office if the Reg[st. rar is a bank c.r trust company, together with an assignment duly executed by the registered cwner or his duly authorized attorney or legal -8- rep~esentati,,e in such form as shall be satisfactory to the Registrar, the City she 1] execute, and the Recjistrar shall authenticate and deliver in e>:change, a new Bond or Bonds ]-Laving an equal aggregate principal amount, in authorized denominations, of the same form and matur]_ty, beariDg interest at the same rate and registere~ in the name ~s requested by the then req;istered owner theDeof or i':s duly authoriz~d attorney or legal representative. Any such ,~.xcPange shall be at the expense of the Cit,_~, except that ~:he Registra-,- may charg,=~ the person requesting such exchange the amo~ant of any tax or governmental charge required t¢~ be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclllsiveLy entitled to payme,it of principal, and interest ~nd the exercise of all ether r~ghts and powers c,f the owner, e. xc,_=pt theft in~_erest payments shall be made to the pe~'son ,Dr entity shown as own~.r on the registration books on the fi~':~t day of the month of the interest payment date. 8. Sale and Awa~l of BonSs. The City Council_ approves the following terms of the sale o-~ the Bonds. The Bonds shall be Mold to Gold~an, Sachs & Company, PaineWebber Incorpo~'ated, Lehman F~rothers, Davenport & Company of Virginia, Inc., Craigie ] ncorpor a ted, Wh.eat, F J.r.~t Securities, Inc. and Scott & Str [ngfellow, Inc. (th~ "Underwriters") pursuant to a Bond Purchase Agreement between the City and the Underwr[t.~;rs (the "Bond Purchase Agreement"). The Bond Purchase Agreement shall be in substantially the form of 'th,=. Bond Purchase Agreement that the City executed in connection wit~ its $37,590,000 Gen,.=-ral Obligation ~onds, Series of 1992. The Bonds shall be sold at such prices c[et~-rmined tu be in the best interest of the Cit~' by the City ~4anager subj,.ct to the ]imitations set forth in paragraph 1. The City Council further authcrizes the city Manager to (ap reduce the ;.ggregats principal amount of the Bonds, (bp determine the maturity ~:ch~dule of the Bonds, and (.c) determine which of the Refunded F. ionds wix L be refunded. The city Manager is authorized to execute ~ Bond Purchase Agreement w:Lth the Underwriters, the execution thereof to constitute evidence of his approval of such Ac_lreement, snd deliver it to the Underwriters. Following the ~-a,-:cution of the Bond Purchase Agreement, the city Manager shall fil~. a copy of it with the Clerk. The actions of the City Manager in selling the 5.ond$ shalL1 be conclusiw~_, and no further action shal-[ be necessary on the past c,f the City Council. 9. Final Official Statement. After the Bond Purchase ~gr~ement has been executed, the city Manager, in collaboration with the city's financial advisors, shall make suci~ completions, c. mi.~sion.~, in.~ertions and changes in the city's Preliminary C, fficial Statement not inccnsistent with this R,.=.solution as ar~ r. ec(~.ssary or desirab].e to complete it as a final o fEicial State- ~.ent, execution thereof by the City Manager to constitute conclu- sive evidence of his approval of any such completioas, omissions, insertions and changes. The City shall arrange for the delivery to -9- the Underwriters of a reasonable number of copies of the final Official Stetement, within seven business days after the Bond Purchase Agreement ha~, been executed, for delivery to each potential investor requesting a copy of the official Statement and to each perscn to whom the underwriters initially se[k Bonds. Such delivery to the Underwriters shall constitute conclusive evidence that the Official Statement has been deemed f~nal by 1:he City as of '~ts date within tile meaning cf Rule 15c2-12 of the Securities and Exchanqe Com]~ission. 10. Ese;row Deposit. Agreement. The City Manager is authorized and directed t:o e×ecute an Escrow Deposit Agreement between the City and Bankers T~ust Company, New York, New York (the "Escrow Agent"), which is hereby appointed as Escrow Agent (the "Escrow Deposit Agree.ment'"), pre, riding for the deposit and investment of a portion cf t~e Bond proceeds for the defeasance of the Refunded Bonds. The Pscrow Deposit Agreement shall be in the form approved by the City M~nager in col labcration with the City At~.orney and the City's bond counsel, the execution thereof by the C]~ty Manager to con:=titut~ conclusive evidence of the City Manager's approval of such Agreement. The Escrow Deposit Agreement shall p~-ovide for the irrevocable ¢.epos~t of a port[on o~ the Bond proceeds in an escrow ~und which shall be sufficient, when invested in noncallab[e direct obl [gati o us or obligations guaranteed by the United States Government, to prcvide for payment of principal cE and premium, if any, inte=est on the Re~unded Bonds; provided, however, that such 5:ond proceed[; shall be inves'~ed in such manner that none of the Bonds wil~ be. "arbitrage: bonds" within the meaning Df Section 148 ¢,f the In'zernal Revenue Code of 1986, as amended, and regulations ~ssued pu'_~su~nt thereto (the "code"). 11. De~.oslt of Boned Procee4s. The City Treasarer is hereby authorized and directed to provide for the delivery of the Refunding Po~tion to the Escrow Agent for deposit in the escrow fund establis, hed by the Escrow Agreement, and to provide for the deposit of th,=~ remaining proceeds of the Bonds in a special account to be used[ to finance the: ¢:os~ts of refunding the Refunded Bonds and issuing the Bonds. The Cit~ Treasurer is further authorized and dir~.cted to take ail such further action as may be necessary or desirable in connection with the payment and redemption of the Refunded Bonds. 12. Redemption of Refunded Bonds. The City Manager is authoriz~.d and directed to determine which Refunded 1991c Bonds, the Refunded 1991A Bonds, the Refunded 1990A Bonds, the Refunded 1989A Bond[s, the Refunded 1988A Bonds, the Refunded 1987 Bonds, the Rafunded 198 5 Refundinq Bonds, the Refunded [986 Bonds, the Refunded 1986 Water and Sewer Reft[ndlng Bonds, the Refunded 1986 Water and Sewer Bonds, the Refunded 1985 Refunding Bonds, the Refunded 1975 Bonds, the Refunded [975 Correctional Bonds and the Refunded 1979 Bond.,; shall constitute the Refunded Bonds. The Refunded Bonds are specifically and irrevocably called for redemption on the first applicable date when such Refunded Bonds -10- are callable prior to maturity. The Escrow Agreement shall provide for giving n()tice of redeTaption in accordance with the resolutions authori2, ing such bonds to the registered owners of' the Refunded ]3onds. 13. Primp&ration and Delivery of Bonds. After the Bond Purchase Agreement has been executed, 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 4~he Bonds to the 13nderwrite~ upon payment therefor. 14. Arbi tra(]e Covenants · (a) Except fo~ the City' s ~$20,000,000 General Obligation Public Improvement Bonds, Series of 1993A, the City represents that there have not been issued, and covenants that there will not be issued, any obligations that would be treated a~ part of the same issue of obligation_~ as the Bonds within the meaning cf Treasury Regulations Section 1. 103-13(b) (10). (b) The city shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" w [thin the meaning of Section 148 of the (;ode and r'eg~latiogs issued pursuant thereto, or otherwise cau..ze interest on the Bonds to be includable in the gross income cf ~he registered owners there,Df under existi~g statutes. Without limiting the §enerality of the foregoing, the City shall comply with any F,rovision of law which may require the City at any ~ime to rebate to the United States any part of the earnings d~.rived from the inw~stment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally r.~.cognized bond counsel that such complianc~{ is not required 'to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing statutes. 15. Non-:~rbitrage Certificat,~ and Elections. Such officers of the City as may be requested are hereby authorized and directed to execute ar appropriate c~-~rtificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such =~x~.ected use and inw~.stment will not violate the provisions: of Section 14~ of the code and regulations issued pursuant thereto. Such certificate shall be in such form as may be r~quested by bond counsel for the City. 16. Limitation on Priv&'~e Use. The city covenants that it shall not pernit the proceeds ,Df the Bonds to be u-~ed in any manner that would result in (a) 5% or more of such proceeds being used in a trade oI business carried on by any person othec than a govern- mental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any output facility ~other tl]an a facility for the furnishing of water), within the me,~ning of Section 141(b)(4) of the Code, or (,~) 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 141(c) of the Code; provided, however, that if -11- 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 qloss incom~ for federal income ta~ purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Ap~,licable Law. Th~=. City elects that the Bonds =hall be issued pursuant to the .Public Finance Act of 1991, Section 15.1- 227.1 et seq. of the Code of Virginia of 1950, as amended. lS. other Actions. Ail other actions of office, rs of the City and the C:~ty Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Eon(is and th=~ payment and redemption of the Re~ur.(ied Bonds are hereby ratified, approved and confirmed. The off[ce~:s of the City are authorized and directed to execute and deliver al! certificates and instruments and to take all action necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. R~peal of Conflicting Resolutions. Ail resolutions or uarts of resclutions, including the Prior Resolutio'%, in conflict herewith are hereby repealed. 20. Effective Date. immediately. This Resolution shall take effect The %~ndersigned Clerk of the city of virginia Beach, Virginia, hereby certifie.~ that th,=_ foregoing constitutes a true and correct e×tract from the minutes of a regular meeting of the Cit~ council of the Ci'~y of Virginia Beach, Virginia, held on the 13th day of April, 1993, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this .... day of , 1993. ( SEAL ) Clerk, City of Virginia Beach, Virginia -12- ARRROVED AS C~.~:', SIGNATURE ..... DEPARTMENT r~pPROVED AS TO LEGAL [SUFFICIENCY AND CtTV ATTOI~' 'r -9- Item III- G. 2. RESOLUTIONS ITEM #36661 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution providing for the issuance and sale of $20-Million General Obligation Public Improvement Bonds, Series of 1993A, of the City of Virginia Beach, Virginia, and providing for the form, details and payment thereof. (Revision of Resolution adopted March 30, 1993) Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 RY-PF T: \VAB\93Ref\ResCAlt.A 4/8/93 11:42 a.m. [New Money With Delegation] [April 15 4a~e~ Gate] At a regular meetinq of the City Council of the City of virginia Beach, Virginia, held on April 13, 1993, at the time and place estabtisbed by the City Council for such meetings, at. which the following ~embers were present and absent: ].:RES ENT: John A. Baum Linwood O. Branch, III James W. Brazier, Jr. Robert W. Clyburn Robert K. Dean Louis R. Jones Paul J. Lanteigne Mayor Meyera E. Oberndorf ABSENT: John D. Moss Nancy K. Parker Vice Mayor Will~am D. Sessoms, Jr. the following resolution was adopted by the affirmative roll-call vote of a m~Jority of the members of the City Council, 'the ayes and nays being recorded in the minutes of the meeting as shown below: MSMBER John A. Baum Linwood 0. Branch. III James W. Brazier, Jr. Robert W. Clyburn Robert K. Dean Louis R. Jones Paul J. Lantemgne Mayor Meyera E. 0berndorf Nancy K. Parker V~ce Mayor William D. Sessoms, Jr. VOTE Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $20,000~ 000 GEN.~RAL OBLIGATION PUBLIC I}{PROVEMENT BOND~ SERIES OF 1993A, OF THE CITY OF VIRGINIA BEAC~£, VIRGINIA, AND PROVIDING FOR ~HE DETAILS A/~D PAYMENT THEREOF WHEREAS, the issuance of $68,375,000 of bonds of the City of Virginia Beach, Virginia (the "city") , was authorized by an ordinance adopted by the City Council on August 23., 1989, and apt)roved by the qualified voters of the City at an election held on November 7, 1989, to finance continuing development of the City's school system, $67,080,000 of which bonds have been issued and sold; WHEREAS, the issuance of $36,100,000 of bonds of the City was authorized by ~n ordinance adopted by the City Council on November 12, 1991, without being submitted to the qualified voters of the City, for the purposes and in the amounts shown below, none of which bonds have been issued and sold: School projects, including planning, design, construction, renovation~ site acquisition, expansion° equJ. pping, and furnishing of :schools al~d related fac~lztzes $ 9,060,000 Engineering and highway project, s, including site acqu_'_sition and imprcvements, design, planning, construction, improvement, replacement, expansion, and e×tension of streets, highways, bikeways, and br_idges 20,1~94,026 Drainage projects an(] outfall improvements including ¢'hannel improvements and pumping stations '766 294 2, , Building ]>rojects, including design, planning construct ion, improw:_m.=_nts, renovation, expansion, equipping, and furnishing of a Beach Borough Service Center, other municipal offices, fire arid rescue stations, courts, s'zorage, and other facy. lities 1,596,810 Parks and recr~.ation projects, including new athletic fields and park facilities, upgrading existing athletic fields, renovating tennis courts., park improvements, storage, and other' faci2[ities 1,782,870 TOTAL $36,..100,00Q; W~REAS, the issuance of $41,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on November 24, ].992, %;ithout being submitted to the qualified voters of the City, for the purposes and in the amounts shown below, none of which bonds have been issued and sold: School_ projects, including planning, design, construction, renovation, expansion, equipping, and furnishing of schools and related facilities $40,545,232 Building projects, including design, planning, construction, improvements, renovation, expansion, equipping, and furn.[shing of courts, libraries, storage, and o~'her facilities 754,768 TOTAL z, 30.0.,. 00_0; -2- WH]ZREAS, the city Council has determined it is in the city's be.=:t interest to i~sue and sell the remaining $1,295,0.90 of the school bonds authorized in ]989, the $9,060,000 of bc~nds authorized in 1991 for schools, and $9,645,000 of the bonds authorized in 1992 for schools; and WHEREAS, it l%as be,=-n recommended to the City Council by represent ati yes of Government Finance Associat{:_s, Inc. and Gouernment Finance Group, Inc. (the "Financial Advisors") that the city issue and sell, as a sin~31e i.~'.sue of public improvement bonds, such $20,000,000 of bonds; WHEREAS, the city Council adopted a resolution on March 30, ~993 (the "Pr]or Resolution"), providing for the issuance of such bonds and the City Council has determined to repeal the Prior Resolut ion; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIR~I~IA: 1. Is~uance and Sale. There are authorized to be issued and sold as a single issue of $20,000,000 public improvement bonds, consisting of the $1,295,000 remaining amount for schools authorized in .[989, the" .~9,060,000 amount authorized t~or schools in 199[, and $9,645,000 of the anount authorized for schools in 1992, ~s particularly set out in Exhibit A, which is incorporated in this Resolution. The Bonds (a) shall bear interest at a "true" or "Canadian"' interest cost not to exceed 6.5%, taking into account cri{~inal issue discount or premium., if any, (b) shall be sold with an underwriters' discount not to exceed .75% of the principal amount thereof, and (c) shall mature not later than July ].5, 2013. Z. Bon~ Details. The bonds shall be designated "General obligation Public Improvement Bonds, Series of 1993A" (the "Bonds"), shall be dated April 15, 1993, shall be in registered form, in dencminations of $5,000 and multiples thereof, and shall be numbered R-1 upward. Each Bond shall bear interest at such rates as shall be determinsd at the time of sale, payable semiannually ,)n January 15 and July 15, beginning January 15, 1994. Principal. and premium, if any~ shakl be payable to the registered owners upc.n s~rrender of Bonds as they become due at the office of tlge Registrar, as defined below.. Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appeac on the registration books kept by the Registrar on the first d~y of the month of each interest payment date. Principal, premium, if any, and interest shall be ~ayable in lawful money of the United states of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued and registered to The Depository Trust Company, New York, New York ("DTC"), c.r 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 Deposito- -3- fy" shall mean DTC or any other securities depository for the Bonds appointed pur.~uant to this Section. In the event that (a) the Securities Depository ,.~etermines not to contll~ue to act as the securities depository for the Bonds by giving notice to the Registrar, as hereinafter defined, and the City di-~;¢'har.~e.s its responsibilities hereunder, or (b) the city in its. sole discretion determi'ne.s (i) that beneficial ownerz: of Bonds shall be able to obtain certificated Bonds or (ii) to select a new securitJ, es DeposJ. tory, th~n the City Manager shall attempt to locate ~nct.~er qualified securities depository to serve as ,~ecurit~es Depository ,mr authenticate and deliver' certificated .Bonds to the beneficzal owners c~r to the Secur~t:[es Depository ]Darticipants on behalf of beneficial owners substantially in the form provide,~ for J n Section 5; provided, howevers, that such form shall provid~ fon interest on the Bonds to be payable (A) from April ] 5, 19:)~,~ , i ~ it is authenticated prior to Jul,;.. 15, 1994, or (B) otherwi.~;e fzom the January 15 or July 15 that is, or immediately precedes the date on w~hich it is auth,mnticated (unless payment of interest the].~eon 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, th,=- K~.glstrar shall be entitled to rely on the records of the Securities Depository am to the bene fic ia 1 owners or the records of the Securities £)epositor~ p~rticipants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangemble as set forth in Section 7. So long as there is a Securities Depository for the Bonds (1) it or it:s nominee shall be the registered owner of the Bonds, (2) not~ithstanding anything tm the contrary in this Resolution, determin,~tions of persons entitled to payment of principal, premium, J.f any, and inte. rest, tran.~fers of ownership and exchanges and receipt of notices shall be the responsibility of the Securi- tie.~ Depository and shall be effected pursuant to rules and procedures e~.~tablished by such Securities DeposiJ:ory, (3) the Registrar and the city shall not be responsible or liable for maintaining, :~upervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) refer,_=nces in ~his Resolution to registered owners of the Bonds shall mean such Securities D,.=.pository or its n~minee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provi~ions of tuis Resoluti.~n and the provisions of the above-reterenced Letter of Representations such provisions of the Letter of Representa- tions, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. -4- 3. Redemption Provisions. Bonds maturing on or before July 15, 2003, are not :~ubject to redemption prior to maturity. Bonds maturinc3 on or after July 15, 2004., are subject to r~_demption prior to maturity at the option of the City on or after July 15, 2003, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (express. ed as a 'percentaq'e of principal amcunt ,of bonds to b,-=- redeemed) plus interest accrued and unpaid to the redemption date: Period During which Redeemed __ Both _Date'~ Inclusive Redemption P r i ce July 15, 200.3 to July 14, 2004 July 15, 2004 to July 14, 2005 July 15. 2005 and i-.hereafter 102 % 101 10 0 If less than all of the Bonds are called fo]." redemption, the Bonds to be redeemed shall be selected by the chief financial officer of the city in s,~ch 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 to be redeemed shall be selected by DTC or any successor securities depositor~ pursuant to its rules and procedures or, if the book ¢:nt'cy sy:~sem is discontinued, shall, be selected by the Registrar by lot in such ma~nner as the Registrar in its discYetion may deter~ mine. In either case, (a) the portion of any ~ond to be redeemed shall be in the principal amount of $5,000 or some integral mul~=iple thereot and (b) in .~;electing Bonds for redemption, each Bond sha kl be considered as representing that number of Bonds that is obtained by dividing the principal amount .Df such Bond by $5,000. The City shall caus.~ notice of the call for r~demption identifying the Bonds or portions thereof to be red,-=emed to be sent ky registered ,Dr certified mail, not less than 30 nor more than 60 days priou to the redemption date, to DTC or its nominee as the registered owner of the Bonds. The City shall not be re.~:ponsible for mailing notice of redemption to anyone other than DTC or another qualified securitie,.; depository or its nominee unless no qua].ified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice o''~ redemption shall be mailed to the reg]stere¢| owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the un- redeemed portion thereof shall be issued to the registered owner upon the surrender hereof. 4. Exec'utton and ;¥uthentic&tion. The Bonds shall be signed by the manual or facsimile signature of the Mayor, .~;hall be countersiqned by the manual or facsimile signature of the Clerk, and the City'.~; seal shall be affixed thereto or a facsimile thereof printed thereon. No Bond signed by facsimile signatures 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- $. Bon4 Form. fol lowin¢~ form: The Bonds shall be in sub=utantially the No. R- $ UNITED STATES OF AMERICA CO~LMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General__~_l iga tion Public Improvement Bond, S.e_r_iA,_s of__1.9932 INTEREST RAT]~ MATURITY DATE DATED DATE CUSIP April 15, 1993 REOISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upcn surrender hereof, to the registered owner theceof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, and to pay interest hereon semiannually on each January 15 and July 15, beginning January 15, 1994, at the annual rate stated above. Principal, premium, if any, and interest are payable in lawful · oney of the United States of America by the city Treasurer, who bas been appointed paying agent and registrar for the bonds, or at such bank or trust company as may be appointed as successor paying age;%t and registrar by the city (the "Registrar"). 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 and interest, the providing3 of notices and other mat'Zers shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $ General Obligation P'ablic Improw=_ment Bonds, Series o~ 1993A, of like date and tenor, except as to '~umber, denomination, rate of interest and maturity, i.~sued pursuant to a resolution adopted by the city council on April 13, 1993, and 'the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act o'z' 1991, to finance improvements to the City's school system. Bonds maturing on or before July 15, 2003, are not subject to redemption prior to maturity. Bonds maturing on or after .July 15, -6- 2004, are subject to redemption prior to maturity at the option of th~ city on .Dr after July 1!5, 2003, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expr~ssed as a percentage of prlncipal amount of bonds to be rede. emed) plus interest accrued and unpaid to the redemptl¢:n date: Period During Which Redeemed ~ot_h Dates Inclusiue~ Redemption Price Ju].y 15, 2003 to July 14, 20,)4 Ju].y 15, 2004 to July 14, 2005 Ju].y 15, 2005 and thereafter 102 % 101 100 If less than all of the bonds are called for redemption, the bonds to be redeemed s:hall 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 })articular maturity are called for redemption, th,--, bonds within such maturity to be redeemed shall be selected by DTC or any successor se;~urities depository pursuant to its rules and proce- dures or, if the book entry system is discontinued, shall be selscted by the Registrar by lot in such manner as the Registrar in its discreti¢~n may determine. In either case, (a) the portion of any bond ho he redeemed shall be in the principal a~,~'~,unt of $5,000 ¢~r some inte(~ral 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 registered or certified mai]., not ].ess than 30 nor moCe than 60 days prior to the redemption date, to DTC or its nominee as the registered owner thereof. 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 9'egi:~trar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal, of and interest on this bond and the exercise of all other rights and pDwers of the owner, except that interest payments shall be made to t~e persc, n shown as the owner on the first day of the month of each interest u. ayment date. Ail acts, conditions and things required by the Cone'titution and statutes ¢,f the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, ~x[~t and have been performed, and the issue of the 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. -7- IN WIT~E,gS WHEREOF, the City of Virginia Beach, Virginia, has ca~sed 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 April 15. 1993. ~OUNTER~I~NED~ Clerk, City of Virginia Beach, Virginia (SEAL) Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell (s), assign(s) and transfer(~) unto [PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE:] (Please print or type name and address, incl'udJ, ng"zip code, of Transfere~~-) the within ~ond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer sald bond on the books kept f6r th'e' reg{Stration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of the New Yo~rk Stock Exchange or a commercial bank or trust company. ~(Signature of R~.gi~'ered 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. -8- 6. Pledge of Full Faith and Credit. The tull faith and credit of the City are irrevocably pledged for the payment of the principat o~ and premium, if any, and intere:-3t 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 snnua] ad valorem tax, over and above a].l other taxes authorized or limited by law and 'without limitation as to rate or amount, on ali locally taxable property in the city sufficient to pay when due the principal of and premium, if any, and interest on the ~ond~;. 7. ReFistration, Transfer an~ Owners of Bon4s. The City Treasurer is appointed paying agent and registrar of the Bonds (the "Registrar"). If no quallfied securities depository is the registered owner of the. Bonds, the City may appoint a qualified ]Dank or trust company as: successor Registrar. The Registrar shall maintain registration books for the registration a~%d exchange of Bonds. Upon presentation and surrender of any Bond to the Registrar, at its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly e~:ecuted by the Fegistered owner or hi:~ d. uly authorized attorney or legal representative in such fo'nm as shall be satisf.~ctory to the Registrar, t he City shal 1 execute, and the R~g istrar mhall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggreg~te 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 aut'horized attorney or legal representative. ~ny such exchange shall be at the expense of the C~ty, except that the Registrar may charg,~_ the person requesting such exchange the amount o~ any tax or 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 and interest and the ~xercJ~se of ali other rights and powers of the owner, except thst interest payments shall be made to the per,on or entity shown as owner on the re. gistration books on the first day of the month of the interest payment date. 8, sale and Award of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by negot~ ation with Go ldman, Sachs & Company, PaineWebber I]3corporated, Lehman Brothers, Davenport & Company of Virginia, Inc., Craigie Incorporated, Wheat, First Securities, Inc. and Scott & Stringfellow, Inc. (the "Underwriters") pursuant to a Bond Purchase agreement between the City Council and the Undecwriters (the "Bond Purchase Agreement"). The Bond Purchase Agreement shall be in substantially the form of the Bond Purchase Agreement that the City executed in connection with its $37,590,000 General obligation Bonds, Series of 1992. The Bonds shall be sold at such prices determined to be in the best interest of the City by the city Manager .~:ubject to the limitations set forth in para¢~raph 1. -9- The city council further authorizes the City Manager to determine thE. maturity schedule of the Bonds. The city Manager is authorized to execute a Bond Purchase Agreement with the Underwriters, the execution thereof to constitute evidence of his ap~,roval of such .~greement, ~nd deliver it to th~ Underwriters. Following the execution of the Bond Purchase Agreement, the City' Manager shall file a copy of it with the city Clerk. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action shall be necessauy on the part of the City C~:~uncil. 9. Fi]%al Official ~.tatement. After the l~ond Purchase Agreement has been executed, the City Manager, in collaboration with the financial advisors, shall make such completions, (>missions, ~ nsertlons and changes in the Ci tl; '.=., Preliminary official statement not inconsistent with this Reso[utic, n as are necessary or desirable to complete it as a final. Official State- r~ent, execut.%cn thereof by the City Manager to constitute conclu- sive evidence of his approval of any such completions, omissions, ins,=.rtions ar.d changes. The city shall arrange for the delivery to the Underwri~ers of a reasonable number of copies of the final Official Statement~ within :=even business days after the Bond Purchase Agr ee~ent has bee]] executed, for deli~;ery to each potential in%~estor requesting a col)y of the Official Statement and to each p¢:rson to whom the Underwriters initially s,=_].]_ Bonds. Such delivery to the Underwriters shall constitute conclusive evidence that the Official Statement has been deemed final by the city as of its date ~{ithin the meaning of Rule 15c2-12 of the Securities and Exchange Corem i ss ion. 10. SN~P Investment Authorization. The city has received and reviewed the Information Statement dated October 1, 1992 (the "InformatS. on Statement" ) , d,=_scribing the State Non-Arbitrage Program of the Commonwealth off virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the City has d,atermined to authorize the City Treasurer to utilize SNAP in connection with the investment of tt~e proceeds of the Bonds. Th~ City acknowledges that the Treasury Board of the c~mmonwealth of Virginia is not, and shall not be-, in any way liable to th~. City in connection with SNAP, except as otherwise p~ovided in tae Contract. 11. Pre].~aration and Delivery of Bonds. After the Bonds have been sold, the officers of t~e 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 Underwriter upon payment therefor. 12. ~rb:[trage covenants. The City shall not take or omit to take any actio~ the taking or omission of which will cause the Bonds to be "arbitrage bunds" within the meaning of S,~,ction 148 of the Code and regulations issued pursuant thereto, or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without -10- limiting the generality of the foregoing, the City shall comply with any provision of law which may require the City at any time to rebate to tbs United States any part of the earning:; derived from the investmeat 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 ~eing includable in the gtc, ss income of the r~gistered owners -thereof unde~ existing statutes. 13. Non-Arbitrage Certificate and Eleotion:~.. Such officers of the City as may be reque.<.ted ar,=. hereby authorized and directed 4:0 execute a~ appropriate certificate setting foIth the expected %~se a~d investment of the proceed:~ of the Bonds in order to show that such expected use and investment will not violate the provisions of section 14 8 of the Code and regulations ~ssued pursuant thereto. Such certificate shall be in such form as may be requested by bond counsel for the City. 14. Limitation on Private U:~e. The City covenant.=: that it ~:hall not permit the proceeds of the Bonds to be used in any manner ~hat would result in (a) 5% or more of such proceeds beinq used in ~. trade .o~ business carried on by any person other than a govern- mental unit,, as provided in Section 141(b) of the Code, ~b) 5% or more of such proceeds being used with respect to any output ~acility (other than a facility for the furnishing of water), ~itttin the neaning 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 loan~ to arty persons other than a governmental unit, as provided in Section 141(c) o£ the C. ode; provided, however, that if the C~ty =eceives an opinion cf nationally recognize.4 bond[ counsel that any such covenants m~-ed not b~ complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purpose.~ of the registered owners thereof under exi.~:ting ]aw, the city need not comply with such covenants. 15. Applicable Law. The city elects that th~ Bonds shall be issued pursuant to the Public Finance Act of 199~, Section 15.1- 2~7.1 et .=:eq. of the Code of Virginia of 1950, as amended. 16. Oth,~r ~ctions. Ail 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 and the payment and redemption of the Refunded Bond~ are hereby ratified, approved and confirmed. The officers of the city are authorized and directed to execute and deliver all certificate~ and instruments and to take all action necessary or de.~irable in connection with the issuance, sale and delivery of tile Bonds. 17. Rep,~al of Conflicting Resolutions. Ail resolutions or parts of resolutions, inc;luding the Prior Resolution, in conflict herewith are hereby repealed. -ll- 18. Effective Date. immediately. This Resolution shall take effect The undersigned Clerk of the City of Virginia Beach, virginia, hereby certi~J_es that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on tl%e 13~h day of April, 1993, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the ci~:y of Virginia Beach, Virginia, ~his da}' of , 1993. (SEAL) Clerk, City of Vi~.~nia Beach, Virginia .~.ovr~ AS TO LEGAL -12- 196~ 8C]_~).ol_Bond Referendum= Tall.wood High School Landstown Elementary and Middle schools .:L991 Ch_~_z'ter: Lar'kspu~ Middle School Landsto~n Elementary and Middle Schools Corporate Landing ~ilementary School Tallwood High School Ocean Lakes High School First Colonial High School Improvements 9.2 Char_t_9_~', Larkspur Middle School Ocean Lakes High School First Colonial High School Improvements Corp,Drat.e Landing Elementary school TOTAL 795,000 500.000 1,295,000 3,000~000 414,196 3,767,747 378,037 1,000~000 --- 50Q,000 9,060,000 2,735,000 2,735,000 3,765,000 -_-. 410~, OOQ 9,645,000 $20,000,000 Any proceeds not needed for any project ]nay be used for another school project upon approval by Council by resolution. -13- - 10 - Item III-G.3. RESOLUTIONS ITEM #36662 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing TRANSFER of $40,496.30 from the Economic Development Investment Program Account to the Development Authority re reimbursement of costs incurred for various engineering studies conducted in support of the City's economic development initiatives. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE AUTHORIZING THE TRANSFER OF $40,496.30 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM ACCOUNT TO REIMBURSE THE DEVELOPMENT AUTHORITY FOR VARIOUS ENGINEERING STUDIES WHEREAS, the Department of Economic Development in conjunction with the Virginia Beach Development Authority is responsible for coordinating Virginia Beach's Economic Development Program; WHEREAS, the Council of the City of Virginia Beach has identified economic development goals of attracting national companies that provide employment opportunities and add to the city's tax base; WHEREAS, the Development Authority has initially incurred costs from various engineering studies related to specific projects totaling $40,496.30 which are intended to be reimbursed by the City; WHEREAS, the $40,496.30 may be transferred from the Economic Development Investment Program Account (Project 2-141), which was approved in the FY 1990-91/1994-95 Capital Improvement Program to support and enhance the viability of the City's Economic Development Program and Strategic Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $40,496.30 be transferred from the Economic Development Investment Program Account to the Virginia Beach Development Authority to reimburse the Authority for costs incurred as a result of various engineering studies conducted by the Authority in support of the City's economic development initiatives. Adopted by the Council of the City of Virginia Beach, day of April Virginia, on the 13 CA-4848 ORDIN\NONCODE\REIMBURS. ORD R-3 03/10/93 Approved as to content:~ _~_~~_~~ , 1993. APPROVED AS TO LEGAL S;-iFFJO~ENCY' ; - 11 - Item III-H. 1. CONSENT AGENDA ITEM #36663 Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council APPROVED in ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 - 12 - Item III-H. 1. CONSENT AGENDA ITEM 1136664 Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $13,278 Grant from the State Office of Emergency Medical Services, Rescue Squad Assistance Fund ~o-for-Life Program) to the General Fund re purchasing Emergency Medical Services (EMS) equipment/supplies and providing training. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $13,278 GRANT FROM THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES, RESCUE SQUAD ASSISTANCE FUND TO THE CITY OF VIRGINIA BEACH GENERAL FUND FOR THE PURPOSE OF PURCHASING VARIOUS EMERGENCY MEDICAL SERVICES EQUIPMENT AND SUPPLIES TO ENHANCE SERVICES WHEREAS, the General Assembly estabhshed the Two-for-L,fe Program under the purv,ew of the State Department of Health for the purpose of prov,d~ng flnanc,al ass,stance to volunteer rescue squads for enhancements to serwces and equipment as required by V~rg~ma Code 46.2-694; WHEREAS, the Two-for-L~fe Program collects two additional dollars on each state automobde hcense purchased annually, of which 25% ~s returned to Iocalmes annually; 10 11 12 WHEREAS, the anticipated amount of revenue ,s prowded to the C,ty of V~rg~ma Beach's Department of Emergency Medmal Serv,ces (EMS) m September of each year, and ~s payable ,n February of the following year; 13 14 WHEREAS, ~n February, 1993, EMS received an additional $13,278 above the September, 1992 estimate for use for above-current equipment and supphes which wdl not require C~ty funds; 15 16 17 WHEREAS, EMS would hke the C~ty of V~rg~ma Beach to accept and appropriate these additional State grant funds for the purchase of a portable generator for the Creeds Volunteer Rescue Squad, a,rway equipment for first responder vehmles and tram,rig suppl,es. 18 19 20 21 2.2. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to accept and appropriate $13,278 from the State Office of Emergency Med,cal Serv,ces, Rescue Squad Assistance Fund to the General Fund for the purpose of purchasing a portable generator for the Creeds Volunteer Rescue Squad, a~rway equipment for first responder vehmles and training supphes. 2.3 2.4 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to increase Estimated State revenue by $13,278.00. 2.5 2.6 ?.8 ?.9 30 Th~s ordinance shall be effective from the date of ~ts adopt,on. Adopted by the Councd of the C~ty of V,rg~ma Beach, V~rg~ma on the ~[3th day of Aprzl ,1993. APPROVED AS TO CONTENT DEPARTMENT OF MANAGEMENT AND BUDGET APPROVED AS TO · c \budget\f¥92-93\em24hf ord vol 27 sgh March 19, 1993 12 15 - 13 - Item III-H.2. CONSENT AGENDA ITEM #36665 Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $25,801.99 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 FO,M,O C ^ 7 3/12/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved. Tax Type T~cket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Cecil G Moore Ameribanc Savings Bank Economos Moore Associates I H Associates Earl T Hayden etux Aragona Enterprises Inc Aragona Enterprises Inc NationsBank Trust Finley Sam Inc Lomas Mortgage USA Michael & Winifred Marquart Murray A & Cathy T Hess Murray A & Cathy T Hess Murray A & Cathy T Hess Murray A & Cathy T Hess Murray A & Cathy T Hess Murray A & Cathy T Hess Principal Mutual Life Ins Co Principal Mutual Life Ins Co Principal Mutual Life Ins Co Principal Mutual Principal Mutual Principal Mutual Principal Mutual Principal Mutual Principal Mutual Principal Mutual Principal Mutual Life Ins Co Life Ins Co Life Ins Co Life Ins Co Life Ins Co Life Ins Co Life Ins Co Life Ins Co Principal Mutual Life Ins Co Principal Mutual Life Ins Co Principal Mutual Life Ins Co Theodore Morings Theodore Morings Theodore Morings 93 RE(l/2) 39187-1 10/27/92 93 RE(l/2) 60572-0 11/24/92 93 RE(1/2) 33117-9 12/5/92 93 RE(l/2) 56055-4 12/5/92 93 RE(l/2) 50042-3 11/18/92 93 RE(l/2) 2984-4 12/5/92 93 RE(l/2) 2983-5 12/5/92 93 RE( 1/2 ) 75958-2 12/3/92 93 RE(l/2) 36913-8 11/30/92 93 RE(l/2) 126701-3 12/5/92 92 RE(2/2) 71582-6 2/24/93 92 RE(l/2) 51041-3 11/20/91 92 RE(2/2) 51041-3 6/5/92 91 RE(l/2) 50681-1 11/26/90 91 RE(2/2) 50681-1 5/23/91 90 RE(l/2) 49846-6 12/5/89 90 RE(2/2) 49846-6 5/21/90 93 RE(l/2) 91724-2 12/5/92 92 RE(l/2) 90900-1 11/25/91 92 RE(2/2) 90900-1 5/29/92 91 RE(l/2) 90394-5 12/5/90 91 RE(2/2) 90394-5 6/5/91 90 RE(l/2) 89708-9 12/5/89 90 RE(2/2) 89708-9 6/5/90 93 RE(l/2) 67204-1 12/5/92 92 RE(l/2) 66399-9 11/25/91 92 RE(2/2) 66399-9 5/29/92 91 RE(l/2) 65796-1 12/5/90 91 RE(2/2) 65796-1 6/5/91 90 RE(l/2) 64666-2 12/5/89 90 RE(2/2) 64666-2 6/5/90 93 RE ( 1/2 ) 81646-8 12/2/92 93 RE(l/2) 81647-7 12/2/92 92 RE(2/2) 80813-8 6/3/92 11.46 163.82 1,834.31 3,642.24 19.07 1,245.96 14,251.90 40.88 488.64 67.36 443.92 16.35 16.35 15.48 15.48 14.65 14.65 66.09 66.09 66.09 62.57 62.57 54.60 54.60 64.06 64.06 64.06 60.65 60.65 52.79 52.79 20.93 6.87 2.40 Total 23,184.39 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling ~?~ ~/. ~Q were approved by th~~,'l'~f~ the C,ty of Virginia Beach on the...~_3day of Apz-~l, ;[9.93 Ruth Hodges Smith C~ty Clerk ~'f ~~d as to I~ay.~s~nt; Joi~n, ¥. A~tkins~n, ~reasurer \) Approved as to form. ~ORM,O C ^ 7 3/22/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Martha B Giovanelli 93 Essex Mortgage Corp 93 Thomas E & Florence Blais 93 Bobby H & Josephine Mallard 93 Thomas Jr & Virginia Cosgrove 93 Barry R White 93 National City Mortgage Co 92 National City Mortgage Co 92 RE(l/2) 42876-1 12/3/92 106.82 RE(l/2) 4977-9 11/24/92 1,224.99 RE(l/2) 9965-2 3/2/93 98.48 RE(l/2) 71603-0 3/2/93 29.41 RE(l/2) 24302-3 3/4/93 167.59 RE(l/2) 127858-2 3/3/93 72.75 RE(l/2) 86033-9 11/26/91 458.78 RE(2/2) 86033-9 6/5/92 458.78 Total 2,617.60 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,617.60 were approved by the Council of theo_ City of Virginia Beach on the- 1°_day of April, Ruth Hodges Smith City Clerk Cert · John R. /-~lKirlson, l reasurer Approved as to form' Leshe L. L, lley] C,~-~ - 14 - Item III-H.$. CONSENT AGENDA ITEM #36666 Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $5,849.57 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 FORId NO C.A. 8 REV 3/86 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 applicabons for license refunds, upon cerbhcatlon of the Comm~smoner of the Revenue are hereby approved: L~cense Date NAME Year Prod Base Penalty Int. Total Helms, James T/A Rosemont Shell 937 Bingham Street Virginia Beach, VA 23451 1992 A,~it 752.07 Landscape ~anagement Inc T/A Same P.O. Box 7157 Virginia Beach, VA 23457 1991 A~it 756.87 Facthrift Office Furniture Inc T/A Same 1992 P.O. Box 49009 Greensboro, NC 27419 A,~t 2,2~7.62 752.07 7 .87 2,247.62 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totaling $ 3,756. of the C~ty of V~rg~ma Beach on the 13 day of Cerbhed as to Payment Robert P Vaughan (/'..~J Comm~smoner of the Revenue Approved as to form L"~,e L L,,e~~~ C~ty Attorney were approved by the Council April , 19 93 Ruth Hodges Smith C,ty Clerk FORM NO C.A. 6REV ~ 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 certficat~on of the Comm~ss;oner of the ,. Revenue are hereby approved: L~cense Date NAME Year Prod Base Penalty Int. Total Baby Super-stores I_nc T/A Same P.O. Box 25159 Greenv~ ] ] e, SC 29616 Bennett, Frank E T/A Same 617 Carolina Avenue Virginia Beach, VA T/A Same 50~J+ C1 i ffony Drive Virginia Beach, VA 1991 Audi t 80.65 23~+51 1992 Audit 48.67 792.60 80.65 / .67 Th~s ordinance shall be effechve from date of adoption. The above abatement(s) totahng $ 921.92 of the C~ty of V~rg~ma Beach on the 13 day of Certhed as to Payment Robert P Vaughan ~ Comm~smoner of the Revenue Approved as to form Les~ L L, Ile~ C~ty Attorney were approved by the Counc,I April , 19 ~ 93 Ruth Hedges Sm,th Cfly Clerk FO~ld NO C.A. 8 REV 3~6 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 apphcations for license refunds, upon certification of the Comm~smoner of the Revenue are hereby approved: L~cense Date NAME Year Pa~d Base Penalty Int. Total Brown, Jane R T/A B & B Keyboard Center 1336 Five Point Road Virginia Beach, VA 2345/+ C & L Automotive Repair Inc T/A Same P.O. Box 9853 Virginia Beach, VA 23/+50 China Chef E~press Corp T/A Same 917 Roundtable Court Virginia Beach, VA 23/+(~ 1992 Audit 33.00 198%92 Audit 169.11 1991-92 Audit 10.85 33.00 169.11 10.85 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totaling $ 212.(:~ 13 of the C~ty of V~rgln~a Beach on the day of Cerbhed as to Payment Robert P Vaughan ~ Comm~smoner of the Revenue Approved as to form C~ty Attorney ~' were approved by the Council April ,~9 93 Ruth Hodges Smflh C~ty Clerk FO~M NO C~. 8 AE~ ~ 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 apphcabons for license refunds, upon certlhcat~on of the Comm~smoner of the Revenue are hereby approved: NAME License Date Year Prod Base Penalty Int Total Mattresses & More T/A Same 357 Edwin Drive Virginia Beach, VA 23/+62 Miller, William E III T/A Same 700 Yorkshire Trail Chesapeake, VA 23320 ~Azlt~ Therapy Clinic PC T/A Same 6330 Newtown Road # 625 Norfolk, VA 23502 1991 A. dit 208.18 1991-92 A~tit 108.63 1991-92 Audi t 174.52 208.'!8 108.63 1%.52 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totahng $ 4(~I--. 33 ].3 of the C~ty of V~rgm~a Beach on the day of Cert~hed as to Payment ~"Robert P Vaugl~n Comm~smoner of the Revenue Approved as to form Le"'~e L/L, Iley- "' /- -7 C~ty Attorney were approved by the Council April , 19 ~ 93 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 8 REV 3~86 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 apphcatlons for license refunds, upon cerbhcat~on of the Comm~smoner of the Revenue are hereby approved. bcense Date Base Penalty Int. NAME Year Paid Total Roller Sports Plus Inc T/^ Sa e c/o Michael E. West 2~65 Huckleber~ Trail Virgirtia Beach, VA 23~56 1991 Audit 90. O0 Tire Centers Inc 1991 T/^ Same Akron, OH A,~tit 3?6.80 376.80 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totaling $ of the C~ty of Vlrg,n~a Beach on the 13 day of Certlhed as to Payment ~--l~bert P Vaughan z/ Comm,ssloner of the ~evenue Approved as to form (Et~ e~ L L,Iley C~ty Attorney were approved by the Councd April ,1993 Ruth Hodges Smith C~ty Clerk - 15 - Item III-L PUBLIC HEARING ITEM 1136667 Mayor Meyera E. Oberndorf DECIJIRED a PUBLIC HEARING on: PLANNING BY CONSENT . (a) P. A. ONE OF FLORIDA, INC. CONDITIONAL USE PERMIT (b) WARNER A THE Y CONDITIONAL USE PERMIT (c) FLOODPLAIN REGULATIONS (d) THE SPORTS AUTHORITY, INC. AMEND/REORDAIN CZO -Sects. 111, 238, 240, 1201, 1202, 1204, 1205 and ADDING Sect. 1206 Site Plan Ordinance - Sec. 4 VA CA TE UTHJTY EASEMENT 2. PLANNING (a) JESSE FRANKLIN JACKSON III AMENDM~dVT TO GREEN RUN LAND USE PLAN (b) KENNETH DOUGLAS WILKINS CONDITIONAL USE PERMIT (c) ROBERT O. AND DOROTHY G. SYKES AND GAlL G. WATTS CHANGE OF ZONING AND SHURGARD GENERAL PARTNERS, INC. CONDITIONAL USE PERMIT (d) CH & B AND DRA GAS COMPANIES AMENDMENT to BRENNEMAN FARM LAND USE PLAN CHANGE OF ZONING (e) HAl/, INC. VARIANCE April 13, 1993 - 16 - Item III-L PUBLIC IIEARING ITEM #36668 PLANNING BY CONSENT Upon motion by Council Lady Parker, seconded by Vice Mayor Sessorns, City Council APPROVED in ONE MOTION Items 1. a., b, c. and d. of the PLANNING BY CONSENT agenda. Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 -17- Item III-I.l.a. PUBLIC HEARING ITEM #36669 PLANNING BY CONSENT Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of P. A. ONE OF FLORIDA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF P. A. ONE OF FLORIDA, INC., FOR A CONDITIONAL USE PERMIT FOR ANAUTOMOTIVE REPAIR ESTABLISHMENT R04931811 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINM Ordinance upon application of Pall. One of Florida, Inc., for a Conditional Use Permit for an automotive repair establishment on the west side of Lynnhaven Parkway, 780 feet more or less northeast of Holland Road. Said parcel contains 22, 476.96 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. No outside storage of automobile parts will be allowed. . No outside storage of vehicles will be permitted outside of normal business hours. As shown on the submitted site plan, no curb cuts will be allowed on Lynnhaven Parkway. Cross access easements for properties located at the east and west must be noted during detailed site plan review. Cross access easements must be recorded with the Clerk of the Circuit Court. Best Management practices for controlling stormwater runoff reasonably applicable to the development of the site must be shown at detailed site plan review. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of April. Nineteen Hundred and Ninety-Three. April 13, 1993 - 18 - Item III-Ll.a. PUBLIC HEARING ITEM #$6669 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 STATEMENT OF CONSENT APPLICANT: P. A. ONE OF FLORIDA, INC. APPLICATION: Conditional Use Permit - Lynnhaven Parkway/Holland Road (Princess Anne Borough) DESCRIPTION: Automotive repair establishment CITY COUNCIL SESSION: April 13, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: . , , , No outside storage of automobile parts will be allowed. No outside storage of vehicles will be permitted outside of normal business hours. As shown on the submitted site plan, no curb cuts will be allowed on Lynnhaven Parkway. Cross access easements for properties located at the East and West must be noted during detailed site plan review. Cross access easements must be recorded with the Clerk of Circuit Court. Best Management Practices for controlling stormwater runoff reasonably applicable to the development of the site must be shown at detailed site plan review. Owner - 19 - Item II[-I.l.b. PUBLIC HEARING ITEM #36670 PLANNING BY CONSENT Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of WARNER ATHEY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WARNER ATHEY FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL MARINA (REPAIR TO EXISTING PIER) R04931812 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Warner Athey for a Conditional Use Permit for a commercial marina (repair to walkway to existing pier) on the south side of Vista Circle in its eastern terminus. Said parcel is located on 2133 Vista Circle. LYNNHAVEN BOROUGH. The following conditions shall be required: , 2. , Only the walkway construction, as built, is approved with this request. The old walkway and pilings shall be removed and disposed of in a lawful manner. The applicant is required to obtain an encroachment for that portion of the walkway constructed onto the adjacent City owned property. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Nineteen Hundred and Ninety-Three. April 13, 1993 Item III-I.l.b. PUBLIC HEARING ITEM 1136670 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 STATEMENT OF CONSENT APPLICANT: WARNER ATHEY APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Conditional Use Permit - Vista Circle (Lynnhaven Borough) Commercial marina/repair to walkway to existing pier) April 13, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: . . . Only the walkway construction, as built, is approved with this request. The old walkway and pilings shall be removed and disposed of in a lawful manner. The applicant is required to obtain an encroachment for that portion of the walkway constructed onto the adjacent City owned property. gent Date: z-/~-/ Owner - 21 - Item llI-I.l.c. PUBLIC HEARING ITEM #36671 PLANNING BY CONSENT Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinances to AMEND and REORDAIN the Floodplain Regulations: Sections 111, 238, 240, 1201, 1202, 1204, 1205; and, ADDING Section 1206 of the City Zoning Ordinance. Section 4 of the Site Plan Ordinance Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 , k , APPRO'VF.D AS, TO cONTENTS DtPARTME I',1 [ APPROVED AS 'TO LEGAl. SECTIONS 111, 238, 240, 1201, 1202, ' ' 1204, AND 1205 AND TO ADD A NEW SECTION 1206 OF TIIE CITY ZONING ORDINANCE, PERTAINING TO FLOODPLAIN REGULATIONS 10 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 238, 240, 1201, 1202, 1204, and 1205 of the city Zoning Ordinance are hereby amended and reordained, and a new Section 1206 of the city Zoning Ordinance is added, and shall read as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Sec. 111. Definitions. Flood Insurance Study. The flood insurance study for the city of Virginia Beach prepared by the United States Federal Emerqenc¥ Management Aqencv (FEMA). dated August 18, 1992, ~Bd subsequent revisions. Floodplain. That land adjoining a river, stream, watercourse, ocean, bay, or lake, which is subject to inundation. Floodplains shall be determined as the land situated below the elevation of: (a) That recorded by the maximum elevation of the flood water of record; (b) The intermediate flood level as determined by the U.S. Army Corps of Engineers; or (c) The flood level as determined by the department of public works, whichever is greater. Any changes in the delineation of the intermediate flood level are subject to approval by the federal insurance administrator. A "floodplain" 4~ed into two (2) areas may include one or more of the followinq components: (1) Floodway· A natural watercourse with definite bed and banks to confine and conduct flood flows m~ bank~ fo~m--%hc divi~ineJ--l-i~es between th~o~wa~ 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 %he flood fringc. Floodway lines must be established in such a manner that some loss of storage and hydraulic conveyance attributable to guiding future development outside the floodway will not increase flood heights more than applicable regulatory standards. Pending floodway delineations from a storm drainage master plan, minimum natural floodways shall be identified by the city soil scientist. As a minimum, the floodway is as shown in the Flood Insurance Study and accompanying m~ps. (2) Flood fringe. The relatively flat area or low lands adjoining a floodway which has been or may infrequently be covered by flood water. (3) ~pproximated floodplain. The area for which no detailed flood profiles or elevations are provided, but where a one hundred-year floodplain boundary has been approximated. (4) Coastal high hazard area. An area of special flood hazard extendinq from offshore to the inland limit of a coastal primary sand dune along an open coast and any other area subject to high velocity wave action from storm or seismic sources. As a minimum, the coastal hiqh hazard areas are identified as V zones in the Flood 57 58 59 60 Insurance Study and accompanying maps. · · · Substantial damage. Damage from any cause sustained by a structure as a result of which the cost of restoring such 61 62 63 64 65 66 67 68 structure to its pre-damaqed condition equals or exceeds fifty (50) percent of its market value prior to the occurrence of such damage. Sec. 238. Mobile homes. (I) Mobile home parks shall be subject to the following conditions: (a) Minimum allowances. In districts where allowable, minimum area for a mobile home park shall be 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 twenty-five (25) acres. Streets, other than alleys and service entrances used for general vehicular entrances, and exits shall be sixty (60) feet; for portions containing lots for buildings generally open to occupants, minimum front yard dimension shall be two hundred (200) feet. Minimum number of lots completed and ready for occupancy before first rentals are permitted shall be one hundred (100). (b) Tract. The mobile home park shall comprise a single tract except where divided by public streets or alleys or where the total tract includes separate parcels for necessary utility plants, maintenance or storage facilities with appropriate access to the park. All lands involved shall be so dimensioned and related as to facilitate efficient design and management. Density shall not exceed seven (7) un its per gross acre. THc following ~h~ll ..... ~~" to ~Any mobile home park located in a floodplain ' ist' ng msbil ~ ~ .... n~ of thc value , shall also be subject to the provisions of Article 12 of this ordinance. For purposes of floodplain manaqement, the terms "mobile home" "mobile home park" and "mobile home subdivision" shall have the same definitions as the terms "manufactured home" and "manufactured home park or subdivision", respectively, set forth in Section 1201 of this ordinance. 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 f' hauler shall bc ~~atioms ~h than ten (lO) fcet · (5) feet abovc thc ground level. (c) Permitted principal uses and structures are as follows: (1) One-family detached mobile homes; ( 2 ) Parks, playgrounds, community centers, and noncommercial recreational facilities, such as golf courses, shuffleboard ~ourts, swimming pools, tennis courts, marinas, gamerooms, libraries, and the like; (3) Structures and uses required for operation of a public utility, performance of a government function, or performance of any function necessary for the construction, operation or maintenance of the mobile home park. (d) Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly i~cidental and subordinate to permitted principal uses and structures, including approved storage facilities. (e) Permissible uses and structures. In addition to principal and accessory uses and structures permitted by right, as indicated above, facilities planned for development as part of the district and serving needs not otherwise served in the general 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 area may be permitted by city council as part of the MH-Park provided: (1) That such facilities include only service, commercial and office uses intended primarily to serve the needs of persons in the MH-Park; (2) Are of a nature permitted in the B-1 Rc~Id~..t~l District and Neighborhood Business ' ~- ~ conform to the requirements of that district for such uses; (3) Are designed and located to protect the character of the district and surrounding residential districts; and (4) Shall occupy in total not more than five (5) percent of the land area of the district. (f) No sales lots for mobile homes or other moveable dwellings or component modulars shall be permitted in any such district. (g) Off-street parking requirements. At least two (2) off-street parking spaces shall be provided for each dwelling unit. Such spaces need not be located on lots occupied by such dwelling units, but at least one (1) such space shall be reserved for and shall be located within one hundred (100) feet of the entrance of the dwelling unit by normal pedestrian routes. (h) Recreational facilities. Not less than ten (10) percent of the total area of any mobile home park established under these regulations shall be devoted to common recreational areas and facilities, such as playgrounds, swimming pools and community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In larger parks, decentralized facilities may be provided. No central recreation 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational areas shall be so located, designed and provided as to minimize traffic hazards to users and adverse effects on surrounding residential uses. (II) Shelter for farm employees shall be subject to the following conditions: (a) They shall be located on land otherwise used for agricultural purposes. (b) They shall not exceed ten (10) per farming business, even if all parcels of land involved in such business are not contiguous. (c) They shall be allowed only with farming business involving at least one hundred (100) contiguous acres under the same ownership. (d) They shall be removed from the land at such time as the farming business ceases to comply with the conditions set forth herein. (e) No such unit, excluding the first unit, shall be located closer than five hundred (500) feet from a public street. (f) There shall be at least twenty (20) feet distance between each unit. (g) Quarterly inspections shall be conducted by appropriate city inspections agencies pertaining to minimum housing, health, zoning and fire. Each unit shall be on an individual site of at least one (1) acre in area and at least one hundred fifty (150) feet in width. Determination of dimensions shall be in accordance with section 200 of this ordinance. (h) The property owner shall submit an affidavit to the department of planning within the first ten (10) days of each calendar year assuring that the 209 210 211 residents of each shelter for farm employees on his property are bona fide farm employees and their families. 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 Sec. 240. Recreational campgrounds. Recreational campgrounds shall be subject to the following conditions: (a) Physical character of site. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. Recreational campgrounds located within floodplains shall also be subject to the provisions of Article 12 of this ordinance. (b) Location and access. No recreational campground shall be created in any location unless it is served by roads so located and improved as to assure safe access during periods of operation. (c) Permitted principal uses and structures are as follows: (1) Uses of transportable recreational housing, other than for permanent occupancy as dwelling units, except as specified in subsection (d), provided that storage of unoccupied units not in a condition for safe occupancy and sale of units shall be prohibited. It shall be the responsibility of the recreational campground operator to enforce the provisions of this subdivision. 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 (2) Structures and uses required for the operation, maintenance and management of the recreational campground. (d) Permitted accessory uses and structures. Includes uses and structures customarily accessory and clearly incidental and subordinate to permitted uses and structures, including permanent mobile homes with a maximum of one mobile home per one hundred fifty (150) recreational campground spaces, not to exceed five (5) mobile homes, for the specific purpose of occupancy of employees operating and maintaining the recreational campground. Private sewage treatment facilities shall not be permitted except by conditional use permit. (e) Permissible uses and structures. In addition to principal and accessory uses and structures permitted by right, facilities planned for development as part of the district and promoting the comfort, convenience or enjoyment of campers within the district may be permitted by the governing body subject to limitations and requirements stated below in particular, and to such additional conditions and safeguards as may be established by the governing body as appropriate to the circumstances of the particular district and its relation to surrounding property. Such facilities include the following: (1) Recreational campground convenience establishments. Establishments for the sale or rental of supplies or for provision of services, for satisfaction of daily or frequent needs of campers, within the district may be permitted. Such establishments include those providing groceries, ice, sundries, 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 bait, fishing equipment, self-service laundry equipment and the like but not sale of gasoline to automobiles. Such establishments shall be designed to serve only the needs of campers within the campground, but shall not, including their parking areas, occupy more than two (2) percent of the area of the campground and shall not be so located as to attract patronage from outside the grounds, nor to have adverse effects on surrounding land uses. (2) Marinas, launching ramps. Marinas, launching ramps and the like may be permitted when appropriate to the character and location of the campground, provided that such installations shall not provide facilities for long term storage of boats other than those rented in connection with the campground operation, or for major repair or overhaul of boats. Requirements and restrictions applied in particular cases may include limitations on hours and manner of operation, requirements for appropriate parking space for boat trailers, and the like. (f) Minimum dimensional requirements: (1) Minimum area for creation of a recreational campground shall be twenty-five (25) acres. At the opening of any recreational campground for occupancy by units, all required facilities and improvements shall have been completed, and the minimum number of spaces available and ready for occupancy shall be fifty (50). Maximum density in recreational campgrounds shall not exceed twelve (12) spaces per acre. Signs shall be as allowed in 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 the district where the use is first permitted as a conditional use. (2) Recreation area. Not less than eight (8) percent of the area of the recreational campground shall be devoted to recreation area. Such recreation area may include space for common walkways and related landscaping in block interiors provided that such common open space is at least twenty (20) feet in width, as passive recreation space, but shall include at least half of the total required recreational area in facilities for active recreation, such as swimming pools or beaches, ballfields, shuffleboard courts, play lots for small children and the like, of a nature so designed to serve the type of campers anticipated and so located as to be readily available from all spaces and free from traffic hazards. 331 332 333 334 335 336 337 338 339 340 341 342 343 344 ARTICLE 12. FLOODPLAIN REGULATIONS Sec. 1200. Legislative intent. The purpose of this article is to establish and identify those areas to be known as the floodplain and which would be subject to special regulations. These regulations are intended to implement a policy of protecting the natural floodplains in the city by requiring that any filling operations taking place maintain the same flood storage capability and storm water flow characteristics as those that naturally exist. The purpose of establishing such areas is to protect life and property, to reduce public costs for flood control, rescue and relief efforts, and construction and maintenance of manmade drainage facilities, to preserve the highest possible level of water quality in the waterways of the area, and to support and conform to the National Flood Insurance Program. 10 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 Seo. 1201. Definitions. For the purpose of this article, the following terms shall be defined as herein indicated: Basement· Any area of the building having its floor below ground level on all sides. ~.~-&~ ~ zone VI-B0. Coastal primary sand dune. A mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten (10) percent, and upon any part of which is growing on July 1, 1980, or grows thereon subsequent thereto, any one or more the following: American beach grass (Ammophilla breviliqulata); beach heather (Hudsonia tometosa); dune bean (Strophostylis umbellata var, paludigena); dusty miller (Artemisia stelleriana); salt-meadow hay (Spartina patens); se&beach sandwort (Arenaria peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (Solid&go sempervirens); and short dune grass (Panicum ar&rum), "Coastal primary sand dune" shall not include any mound of sand, sandy soil, or dredge soil which has been deposited by man for the p~rpose of the temporary storage of such material for later use. Flood· A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters~i (b) The unusual and rapid accumulation of runoff or surface waters from any source~; or (c) Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused 11 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (a) of this section. Floodplain. That land area adjoining a river, stream, watercourse, ocean, bay, or lake, which is subject to inundation. Floodplains shall be determined as the land situated below the elevation of: (a) That recorded by the maximum elevation of the flood water of record; (b) The intermediate flood level as determined by the U. S. Army Corps of Engineers; or (c) The flood level as determined by the department of public works, whichever is greater. Any changes in the delineation of the intermediate flood level are subject to approval by the federal insurance administrator. A "floodplain"~ ~"~^~.~ ~.i~v~ ~.v .... (2)~~ may include one or more of the following cQ~ponents: (1) Floodway. A natural watercourse with definite bed and banks to confine and conduct flood flows. ~he ~hc floodway a~d thc flood fringe. Floodway lines must be established in such a manner that some loss of storage and hydraulic conveyance attributable to guiding future development outside the floodway will not increase flood heights more than applicable regulatory standards. Pending floodway delineations from a storm drainage master plan, minimum natural floodways shall be identified by the city soil scientist. As a minimum, the 12 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 44O 441 442 443 444 445 446 447 floodway is as shown in the Flood Insurance Study and accompanying maps~. (2) Flood fringe. The relatively flat area or low lands adjoining a floodway which has been or may infrequently be covered by flood water. (3) Approximated floodplain. The area for which no detailed flood profiles or elevations are provided, but where a one hundred-year floodplain boundary has been approximated. (4) Coastal high hazard area. An area of special flood hazard extending from offshore to the inland limit of a coastal primary sand dune along an open coast and any other area subject to high velocity wave action from storm or seismic sources. As a minimum, the coastal high hazard areas are identified as V zones in the Flood Insurance Study and accompanying maps. Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article. Manufactured home A tr .... ~ tra ~ icrs, pl .... and other similar --~~ .... ' .......... aced ~., ~ s~tc for '- ....... o ~- torm "~=~"*~-*"~ home" docs -^~ ~"~- 1 .......... purposcs, ............................... ~,- ~~ ~~ ..... n .%her-I~'~i~. "~. ..... les ~ ......... travel ........ , A structure subject to federal regulations, which is transportable in one or more sections; is eight (8) body feet or more in width 13 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 and forty (40) body feet or more in length in the travelling mod~, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heatinq, air conditioning and electrical systems contained in the structure. Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. One hundred-year flood. The flood having a one (1) percent chance of being equalled or exceeded in any given year, also referred to as "base flood" or intermediate level flood. Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) Four hundred (400) square feet or less when measured at the largest horizontal projections; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel or seasonal use. Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Start of construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a 14 483 484 485 486 foundation. For substantial improvements, the actual start of construction means the first alteration of any wall, ceiling, floor, or Qther structural part of a building, whether or not the alteration affects the external dimensions of the building,. 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Sec. 1202. Establishing the floodplain areas. The floodplain shall include areas subject to inundation by waters of the one hundred-year flood. The basis for the delineation of these areas shall be the flood insurance study for the City of Virginia Beach prepared by the U.S. Federal Emergency Management Agency, Federal Insurance Administration, dated July 17, ~8~ AUgust 18, 1992, and subsequent revisions. Any land included within a floodplain shall be subject to the use regulations and the special requirements relating to floodways, a~ flood fringes~ approximated floodplains, and coastal hiqh hazard areas as set forth in this article, provided that any permitted development is further subject to all federal and state rules and regulations. The floodplain shall be established in conformance with the definition of floodway, am4 flood fringe,, approximated floodplain. and coastal high hazard area. (a) The "regulatory floodway" is delineated for purposes of this article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one hundred-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These areas are specifically defined in table 4 5 of the ~ ...... ~ ...... ~ ~~ ~ ........ ~..~.. ~^~ ~, ~.. ~ ,~o~ Flood Insurance Study 15 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 and shown on the accompanying flood boundary and floodway map, which is a part of the flood ~-~"~~ ~"~" Flood Insurance Study which is declared to be a part of this article and which shall be kept on file at the office of the city engineer. (b) The flood fringe shall be that area of the one hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this area shall be the one hundred-year flood elevations contained in the flood profiles of the ~ ...... ~ ..... - " Flood ..... rcf ....... d fl Insurance Study and as shown on the above referenced flood boundary and floodway map. (c) The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred-year floodplain boundary has been approximated. Such areas are shown on the maps accompanying the ~"~"~~ Flood Insurance Study. In determining the necessary elevations for the purposes of this article, the city engineer shall obtain, review and · reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in zone A comply with the provisions of section 1204 of this article. Such sources of date include: (i) Corps of Engineers--Floodplain information reports. (ii) U. S. Federal Emergency Management Agency-- Flood insurance rate maps and flood boundary and floodway maps. 16 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 (iii) U.S. Geological Survey--Floodprone quadrangles. (iv) City of Virginia Beach soil scientist--Flood hazard analyses. (v) Known high water marks from past floods. (vi) Other sources, e.g., hydrologic and hydraulic analyses by professional engineer. (d) The coastal high hazard area shall be those portions of the floodplain subject to inundation by high velocity waters and wave action and identified as V zones on the maps accompanying the above ~a~r-elaccd f~ ~ ......... ~"~ ........ u .......... ¥ Flood Insurance Study. (e) Where no regulatory floodway has been mapped, the floodway shall be deemed to consist of any and all areas of marsh, swamp, or permanently saturated soils as further defined in section 1201 of this article. (f) Initial interpretations of the boundaries of the floodplain shall be made by the city engineer. Any person aggrieved by the decision or determination of the city engineer may appeal same to the board of zoning appeals. Such appeal shall be taken within thirty (30) days after the decision appealed, by filing the appropriate notice as referenced in Section 15.1-496.1 of the Code of Virginia. Sec. ~203. Use regulations. Ail uses, activities, and development occurring within any floodplain shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the permit official 17 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 (5) Public improvements, such as dams, levees and channel improvements, and utility installations and substations, including temporary storage of materials, except flammable, toxic or noxious materials, and temporary location of maintenance installations; (6) Uses and structures customarily accessory and clearly incidental and subordinate to uses listed above, including in connection with agricultural uses; roadside stands for the sale of agricultural products produced on the premises, provided that: (i) Only one (1) such stand shall be permitted per lot, (ii) No such stand shall exceed five hundred (500) square feet in floor area, and (iii) No such stand on the street frontage shall be erected within twenty (20) feet of the property line. (b) In the flood fringe and approximated floodplain areas of the floodplain, land shall be subject to the use regulations of the appropriate zoning district as well as the special regulations relating to flood fringe and approximated floodplain as set forth in this article. Sec. 1204. Special requirements applicable to the floodplain. (a) Regulation of floodways. Any provision to the contrary notwithstanding, no use or structure or substantial improvement to an existing structure shall be permitted in any floodway, if such use or structure or substantial improvement will adversely affect normal flood flow, or will increase flooding of lands above or below the property, or will increase erosion within or adjoining the floodway, or will cause diversion of flood waters in any manner · more likely to create damage than does flow in a normal course, or will increase peak flows or velocities in a manner likely to lead to added property damage or hazards to life, or will increase 19 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 amounts of damaging materials (including those likely to be injurious to health) with might be carried downstream in floods. Encroachments, including fill, new construction, substantial improvements, and other development within the regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge is specifically prohibited. No variance shall be granted for any development, use, or activity within any regulatory floodway that would cause any increase in flood heights. If a structure is allowed or granted a variance to be located within a regulatory floodway, it shall also meet the regulations for flood fringes and Dpproximated floodplains. (b) Regulation of flood fringes and approximated floodplain. Every structure or substantial improvement to an existing structure permitted in the flood fringe and approximated floodplain shall be so located, elevated, and constructed as to resist flotation and to offer minimum obstruction to flood flow. The lowest floor (including basement) of every structure shall be a minimum of one (1) foot above the elevation of the floodplain except as provided for in section 4.1.B.4 of the site plan ordinance. No use shall be permitted if such use will increase the amounts of potentially damaging materials (including those likely to be injurious to health) which might be carried downstream in floods. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 2O 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 (i) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one (1) foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (c) Floodplains subject to special restrictions. Not- withstanding provisions of this article to the contrary, there shall be no filling permitted for the purpose of altering the contour of the land and that would decrease the flood storage capacity or adversely affect storm water flow conditions as determined upon review by the city engineer except for the purpose of roadway construction or other similar public works construction, and except to provide the minimum amount of fill to assure adequate functioning of a septic tank system, in any of the following floodplains: (1) North Landing River and its tributaries south of Lynnhaven Parkway; (2) West Neck Creek and its tributaries south of Shipps Corner Road and London Bridge Road; and (3) Bays, creeks, lakes, guts, coves, marshes and swamps and their tributaries comprising the Back Bay watershed south of South Birdneck Road and east of Princess Anne Road and General Booth Boulevard. Sec. 1205. Special requirements applicable to coastal areas. Sand dunes, barrier beaches and other natural protective barriers shall remain intact to provide protection against wind, waves, and erosion damage. Removal of such barriers will be allowed only if the landowner agrees to construct artificial barriers in their place, such as seawalls, bulkheads, jetties, or groins, providing an equal or greater protection from wind, wave and water action. 21 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 (a) Coastal high hazard area. In the coastal high hazard area (zones Vl-30), the following regulations shall apply in addition to the regulations cited above: (1) No land below the level of the one hundred-year tidal flood may be developed unless the new construction or substantial improvements: i. Is located landward of the reach of the mean high tide; ii. Is elevated on adequately anchored piles or columns, and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor is elevated to at least one (1) foot above the one hundred-year ..... ......... maximum wave crest elevation, as shown in the Flood Insurance Study and accompanying maps; iii. Has been certified by a registered professional engineer or architect that it is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wavewash; iv. Has the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this article, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) 22 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads action simultaneously on all building components (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have a one (1) percent chance of being equalled or exceeded in any given year (one hundred-year mean recurrence interval). Such enclosed space shall be usable solely for parking of vehicles, building access, or storage. v. Does not utilize fill for structural support of buildings or structures. vi. Has the electrical, heating, ventilation, plumbing, and ai~-conditioning equipment and other service facilities desiqned and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. vii. Meets all other applicable requirements for construction in high hazard zones found in the Virginia Uniform Statewide Building Code. (2) In the coastal hazard area of the floodplain, land shall be subject to the use regulations of the appropriate zoning district, as well as the special regulations relating to coastal high hazard areas as set forth in this article. Existing nonconforming uses and/or 23 795 796 797 798 799 8O0 801 802 803 804 8O5 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 structures located on land below the level of one hundred-year ~n-~~-~ ~~~-~n maximum wave crest elevation, as shown in the Flood Insurance Study and accompanying maps, shall not be expanded. (3) The manmade alteration of sand dunes which would increase potential flood damage is prohibited. Sec. 1206. ~pecial requirements for manufaoture~ homes recreational vehicles. (a} Manufactured homes placed or substantially improved on sites within a flood fringe or approximated floodplain shall: (1) Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement; (2) Have adequate surface drainage and access for a hauler provided; (3) In the instance of elevation on pil%Rgs, be on lots large enough to permit step~, .. have piling foundations in stable soil no more than ten (10} feet apart, and .hav~ reinforcement provided for pilings more than six (6) feet above the grognd;. (4) Have electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities, designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and (5) Have fully enclosed areas below the lowest floor that are subject to flooding meet the applicable requirements described in section 1204(b~ of this article. /_~ Manufactured homes placed or substantially improved on sites within a coastal high hazard area shall comply with the same 24 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 standards as set forth, for conventional hQusing in coastal high hazard areas. (c) Recreational vehicles placed or substantially improved on sites within a flood fringe pr apprQ~imated floodplain shall either: ¢1) Be on the site for fewer than one hundred eighty (180) consecutive days; (2) Be fully licensed and ready for highway use; or (3) Meet all applicable permit requirements for placement and the elevation and anchoring requirements for manufactured homes. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect .-type utilities and security devices, and has no permanently attached additions. (d) Recreational vehicles placed or substantially improved on sites within a coastal high hazard area shall either: (1} Be on site for fewer than one hundred eighty consecutive days; (2) Be fully licensed and ready for highway use; or (3) Meet the same standards ~pplicable to conventional housing in coastal high hazard areas. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of April , 1993 CA-4749 \wmordres \ czof lood. orn R-3 25 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DEPARTMENT AN ORDINANCE TO AMEND AND REORDAIN SECTION 4 OF THE SITE PLAN~ ORDINANCE, PERTAINING TO FLOODPLAIN REGULATIONS. APPROVED AS TO LEGAL SUFFICIENCY AND FORM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA.BEACH, VIRGINIA: That Section 4 of the Site Plan Ordinance is hereby amended and reordained, and shall read as follows: Sec. 4. Information required on site development plan. 4.1 Nine (9) copies of a site plan, prepared, stamped and endorsed by a registered engineer, surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as such, shall be submitted with every application for approval, and shall contain the following information: A. Property and ownership information: 1. A location map at a scale of not less than one inch equals 1,600 feet with the site plan clearly marked on the location map identifying the location of the property; , 2. Present recorded property owner and map book and page reference and deed book and page reference of the site property; 3. Owners, lot numbers and map book/page reference of all adjacent properties; 4. A boundary survey of the parcel prepared at a scale of one inch equals fifty (50) feet or larger; no sheet shall exceed 24 X 36 inches in size. The survey shall include the acreage and/or square footage of the site and indicate all boundaries by course and distance; 5. Iron pins 3/8 inch in diameter and 36 inches in length shall be shown and installed at all lot corners, points of tangents and any angle point along a given course of the parcel; 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 60 61 62 63 64 65 66 67 6. Ail property information shall be certified by the engineer or surveyor of the project; 7. Existing zoning; 8. Geographical parcel identification number. B. Existing and required site features and improvements: 1. Streets and easements, their names, right, s-of-way status (public or private), numbers and widths. Type (class) and width of pavement, curbs, and sidewalks. 2. All property line and property line curve data or centerline and centerline curve data including radius, delta angle, length of arc, chord and tangent shall be shown on the site development plan. 3.Utilities of all types. 4. The topographic survey, showing the elevation of streets, alleys, buildings, structures, water courses and their names. The topography shall be shown by adequate spot elevations. The finished grade for the entire site shall be shown and the proposed first.lowest floor elevation of all buildings (except for detached garages and storage areas which shall be located at or above the one-hundred- year flood elevation) shall be a minimum of one foot above the elevation of (a) the flood water of record or (b) the intermediate flood level as determined by the U. S. Army Corps of Engineers or (c) the flood level as determined by the department of public works, whichever ' is greater. All elevations shall be certified and referenced to ~'~onal ~ .... ° ........ '"~ ~ ~°~ National Geodetic Vertical Datum of 1929, 1972 adjustment (NGVD) datum 0.00 mean sea level. All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot. All bearings in degrees, minutes and seconds. Additionally, on all residential site plans (single-family, two-family, duplex and townhouses) the following information must be provided: 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 89 90 91 92 93 94 95 96 97 98 99 100 101 102 · (a) The following statements shall appear on the site plan: (1) "The lot grading on this plan is in accordance with the'latest subdivision construction plan submitted to and approved by the city engineer on (indicate date of approval)." ~ ........ d floor elevation shown is (2) "The lowest ~-~-~ one foot above the one-hundred-year floodplain as adopted by the City of Virginia Beach." (Exception - detached residential garages and storage areas shall be located at or above the ' one-hundred-year flood elevation.) (3) The elevation of the curb (if existing or proposed) in front of each lot shall be indicated. (4) Elevations of the top of bank and toe of slope and limits of fill necessary to construct the dwelling unit, including access, shall be indicated. Number of floors, dimensions, and location of each building 'and proposed use for each building shall be indicated. If a multi-family, townhouse, or hotel development is submitted, a specific schedule showing the following information shall be included on the face of the plan: The dwelling units and/or lodging units per gross acre of the project; b. Breakdown of the number of bedrooms; c. Percent of parcel devoted to recreation. Provided further, if the breakdown of number of bedrooms should change prior to the issuance of a building permit, the builder or developer shall notify the city agent by letter of such change; if the number of units does not increase and if the dimensions or position of the building structures do not change 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126. 127 128 129 130 131 132 133 134 135 then additional site plan approval will not be necessary. 6. All off-street parking and parking bays, loading spaces and walkways indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule on the face of the site plan showing the number of parking spaces provided and the number required in accordance with the Virginia Beach zoning ordinance. 7. Existing and proposed storm drainage easements and the direction of drainage flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all contributing areas in acres for storm drainage calculations. Drainage area maps and drainage calculations shall be submitted to the ,city agent upon . request. 8. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, types and grades shall be shown. Connections into existing or proposed central water and'sewer systems shall be shown. · 9. Provision and schedule for the adequate control of erosion and sedimentation shall be in accordance with article III of chapter 30 of the Code of the City of Virginia Beach (City Code sections 30-56 through 30-78). 10. Landscape design and land use buffer plan in accordance with the design standards of the department of planning, ' as approved by the council of the City of Virginia Beach, shall be required. Where Chesapeake Bay Preservation Areas are located on a site, landscaping design and buffer area plans shall be in accordance with section 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. 11. A definite distance tie to an existing street intersection shall be provided. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 12. Location and identification of existing graves and objects or structures marking a place of burial shall be shown. 13. For development or redevelopment having a construction footprint exceeding two thousand five hundred (2,500) square feet in Chesapeake Bay Preservation Areas, there shall, except if waived as unnecessary by the ~ ......... ' pl i~q .... ann director, also he provided all elements of the plan of development as required hy section 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. The terms "development," "redevelopment" and "construction footprint" shall he as defined in section 10~ of the Chesapeake Bay Preservation Area Ordinance. 1~. Where required hy section 10~ of the Chesapeake Bay Preservation Area Ordinance [Appendi× FI, there shall also, except if waived as unnecessary by the ~ .................. Dc ..... ann ector, he provided a water quality impact assessment containing all of the elements required therein. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of April 1993 CA-4751 \wmordres\siteflood. orn R-1 - 22 - Item III-Ll.d, PUBLIC HEARING ITEM 1136672 PLANNING BY CONSENT Upon motion by Council lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application THE SPORTS AUTHORITY, INC. to vacate a portion of a easement on Parcel A-3A as shown on Subdivision of Parcel A-3 for Barbara S. Feldman, Edward S. Stein, Arthur H. Stein and Robert S. Stein, dated December 14, 1984, and recorded in Deed Book 2392 at Page 1096, at 2720 North Mall Drive. (LYNNHAVEN BOROUGH). Ordinance authorizing the City Manager to execute a deed of easement and release and vacation of easement located on Lot Parcel A-3A on Plat entitled subdivision of Parcel A-3 for Barbara S. FeMtnan, Edward S. Stein, Arthur H. Stein and Robert S. Stein. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT AND RELEASE AND VACATION OF EASEMENT LOCATED ON LOT PARCEL A-3A ON PLAT ENTITLED SUBDIVISION OF PARCEL A-3 FOR BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN AND ROBERT S. STEIN WHEREAS, The Sports Authority, Inc., a Delaware Corporation, (hereinafter the "Owner") is the fee simple owner of Parcel A-3A referenced on the plat entitled EASEMENT PLAT FOR PARCEL A-3A Lynnhaven Borough, Virginia Beach, Virginia for The Sports Authority dated March 10, 1993, prepared by Langley and McDonald, P.C., a copy of which is attached hereto as Exhibit A and made a part hereof; and WHEREAS, by plat entitled SUBDIVISION OF PARCEL A-3 FOR BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN, ROBERT S. STEIN, Lynnhaven and Princess Anne Boroughs, Virginia Beach, Virginia dated December 14, 1984, prepared by Langley and McDonald, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2392, at Page 1096, the Owner's predecessor in title dedicated to the City of Virginia Beach a variable width utility easement across Parcel A- 3A; and WHEREAS, the Owner has requested that the City vacate its interest in a portion of the variable width utility easement, and in conjunction therewith, the Owner has offered to dedicate to the City an additional variable width utility easement, both as shown on Exhibit A; and WHEREAS, it has been determined by the Department of Public Utilities and the Department of Public Works that the vacation of a portion of the variable width utility easement and the dedication of the new variable width utility easement as shown on Exhibit A will result in a variable width utility easement adequate for its purposes. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute the Deed of Easement and Release and Vacation of Easement (a copy of which is attached hereto as Exhibit B and made a part hereof) between the Owner and the City wherein the City releases its interest in the portion of the variable width utility easement to be vacated, and the Owner dedicates to the City the additional variable width utility easement, both as sl~own on Exhibit A. Adopted by the Cgun~il of the City of Virginia Beach, Virginia on this l~ day of apr~, 1993. This ordinance requires a three-fourths (3/4) vote of all members of Council. 64771.1/WLT:ET 3/24/93 #64?69 I~rch Z4, 19~3 THIS DEED OF EASEMENT AND RELEASE AND VACATION OF EASEMENT, made and entered into this day of , 1993, by and between the City of Virginia Beach and The Sports Authority, Inc., ("The Sports Authority"), a Delaware corporation whose address is 3383 N. State Road 7, Fort Lauderdale, Florida 33319, WITNESSETH: WHEREAS, by that certain plat entitled SUBDIVISION OF PARCEL A-3 for BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN, ROBERT S. STEIN, Lynnhaven and Princess Anne Boroughs, Virginia Beach, Virginia, dated December 14, 1984 prepared by Langley and McDonald, P.C. and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2392, at Page 1096, The Sports Authority's predecessor in title conveyed a variable width utility easement across Parcel A-3A as shown on that plat; and WHEREAS, The Sports Authority desires to extend the building constructed on Parcel A-3A approximately ten (10) feet towards North Mall Drive, and the extension would encroach into the variable width utility easement described above; and WHEREAS, The Sports Authority, the present owner of Parcel A- 3A, has requested that a portion of the subject variable width utility easement be released of record, and has offered to dedicate to the City an additional variable width utility easement in connection with the release and vacation. NOW THEREFORE, for and in consideration of the sum of Ten Dollars, cash in hand paid, receipt of which is hereby acknowledged (i) the City does hereby surrender, release and quitclaim unto The Sports Authority, its successors and assigns, that portion of the variable width utility easement designated for vacation on the EASEMENT PLAT FOR PARCEL A-3A, Lynnhaven Borough, Virginia Beach, Virginia for THE SPORTS AUTHORITY dated March 10, 1993, prepared by Langley and McDonald, P.C., a copy of which is attached hereto as Exhibit A, and (ii) The Sports Authority hereby dedicates to the City the additional variable width utility easement designated for dedication on Exhibit A. This conveyance is made subject to easements, conditions and restrictions of record insofar as they may affect the property. GPIN Number 1496-47-2557 1 WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH, VIRGINIA (SEAL) ATTEST .' By~ City Manager/Authorized Designee of the City Manager Ruth Hodges Smith City Clerk THE SPORTS AUTHORITY, INC. (SEAL) ATTEST By (Title) (Title) STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager, whose name is signed to the foregoing writing, bearing date the day of . . , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1993. My Commission Expires: GPIN Number 1496-47-2557 2 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that, RUTH HODGES SMITH, City Clerk, whose name is signed to the foregoing writing, bearing date the day of , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this ... day of , 1993. My Commission Expires: Notary"pUblic STATE OF VIRGINIA CITY OF to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , (Title) and , (Title), on behalf of The Sports Authority, Inc., a Delaware Corporation, whose names are signed to the foregoing writing, bearing date the day of , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1993. My Commission Expires: Notary. Public GPIN Number 1496-47-2557 APPROVED AS TO LEGAL SUFFICIENCY BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. APPROVED ' DATE : DIRECTOR OF PUBLIC WORKS ; CITY OF VIRGINIA BEACH APPROVED ' DATE : DIRECTOR OF PUBLIC UTILITIES ; CITY OF VIRGINIA BEACH PO/? 770N OF EXIS [. EA SEMEN T HE/FEB Y VA CA TED. AREA = 3125 SO. FT OR O. 0717 AC J6.17 7 O0 VAR/ABLE ~fD 1H U DLITY EASEMENT HEREBY DEDICA ~D TO ~E CITY OF ~RGINIA BEAC~ VA. AREA = 312 SO. F~ OR 0.0072 AC N86 s86 N86 '52 'O8 "E 10. O0 37. 90: .~s6.5~'o~~w 10. 00 -- --' ~ / sss~2'os"w . , .~~ 38. ~0 ,, 38. 50 / 2Z92, PG. / / / . .IZ¢ ~ 0'" EASEMENT DETAIL EASEMENT PLAT PARCEL A- 5A LY~N~*WN eomouo~ V, RO~A e~AC~. V~O~N~, (~.~. ~592. PO. ~09~) FOR ~E SPORTS AU~ORI~ DATE' 05/~0/95 SCALE' ~" = 50' Langley end McDonald, P.C. Engineers- Surveyors- Planners Landscape Architects- Environmental Consultants VIROINIA BEACH G/FAPHIC SCALE IN FEET II I o ~o ~¢n~. ~"= ~o WILLIAMSBURG SHEET 2. OF 2. PROJECT NO.' 78055-0182 DRAWING FILE NO.: 22902-X2 BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. APPROVED · DATE · DIRECTOR OF PUBLIC WORKS; CITY OF VIRGINIA BEACH APPROVED · DATE · DIRECTOR OF PUBLIC UTILITIES; CITY OF VIRGINIA BEACH PARnElLF 4 - A (M.~. 2oz /~C. ~o2 126. 154. POR~ON OF EX/St EA SEUEN T HERE8 Y VA CA ~D VARIABLE ~D ~ U DLZ TY EASEMENT HEREBY DEDICA ~D TO ~E QlTY OF ~RGINIA BEACH. VA. S4B'OZ~5~2, "E J4. Bu ~ J ~ --- C DETAIL ~ J ~ 37.. O0 ~ SHEET 2)- ~1~'- --- ~ ~__ ---_ L = ~.~ sh -~- ~ ~ ¢~ ~ 3~.5o- _ ~ ~ , _ ~.~ ~ - ~ F ~ / ~. ~.0.~ ./ EXIS~ 20' PR/VA TE ~ z ~ , , ~ ~- DRA ~NA GE EA SE~EN ~ --~ - . 0 _. / I /~ ~ ~ Fo.~ z3~z, ~o. ~o~) ~ ~ _ '/e' R = 18002,'~~ ~ /.P b~/~/EASEMENT L = 67.~S J I ,AL?' Z ~~ (D.B. 2392, , ~' / / / ! .~ ' EASEMENT PLAT FOR PARCEL A- 3A LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA (D.a. 2592, PG. 1096) FOR THE SPORTS AUTHORITY DATE ' O,:3/10/93 SCALE · 1" -- 100' Langley and McDonald, P.C. VIRGINIA BEACH Engineers - Surveyors- Planners Landscape Architects- Environmental Consultants WILLIAMSBURG GRAPHIC SCALE IN FEET o lbo 2oo SCALE' 1"= 100 SHEET .1. OF 2. PROJECT NO.' 7805,3-0182 DRAWING FILE NO.: 22902-X1 ooo dbo LYNNHAI N '! I.,,// / ! ! I ! I ! ! ! ! ' I d - 23 - Item III-L2.a. PUBLIC HEARING ITEM #36673 PLANNING Jesse Franklin Jackson, III, the applicant represented himself Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of JESSE FRANKLIN JACKSON, III, for an AMENDMENT to the Green Run Land Use Plan. ORDINANCE UPON APPLICATION OF JESSE FRANKLIN JACKSON, III FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOW A ,~r,, ~, ,~ ~,~ ,~~,, ~'~ A COMMERCIAL RECRF~4TIONAL CENTER Z04931379 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jesse Franklin Jackson, III, for an amendment to the Green Run Land Use Plan to allow a a~, a commercial recreational facility on property located at 1591 Dahlia Drive. Said parcel contains 23,958 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The proposed indoor recreational facility is approved for one year. At the end of one year, the use will be reevaluated. 2. A variance from the Board of Zoning Appeals must be obtatned for the deficit in the number of parla'ng spaces. . Approval is only for a 2,000 square foot game room. (The request for a child care center has been deleted from the application). This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Nineteen Hundred and Ninety-Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 Item III-L2. b. PUBLIC HEARING ITEM #36674 PLANNING Greg Ettel, Post Office Box 1392, Phone: 721-2020, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Brazier, City Council DEFERRED INDEFINITELY an Ordinance upon application of KENNETH DOUGLAS WILKINS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KENNETH DOUGLAS WILl(INS FOR .4 CONDITIONAL USE PERMIT FOR CARPET GOLF Ordinance upon application of Kenneth Douglas Wilkins for a Conditional Use Permit for a carpet golf on the south side of Sandbridge Road, 130 feet more or less west of Sandpiper Road. Said parcel is located at 309 Sandbridge Road and contains 1.2 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members l/oting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss Aprtl 13, 1993 Item II[-L2. c. PUBLIC HEARING ITEM #36675 PLANNING Charles S. Gelinas, 25 Huntington Avenue, Suite 408, Boston, Massachusetts 02116, Phone: 617 247- 2616, represented Shurgard. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinances upon application of ROBERT O. & DOROTHY G. SYKES & GAlL G. WATTS for a Change of Zoning District Classification and SHURGARD GENERAL PARTNERS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT O. & DOROTHY G. SYKES AND GAIL G. WATTS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO B-2 Z04931380 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert O. & Dorothy G. Sykes and Gail G. Watts for a Change of Zoning District Classification from R-7.5 Residential District to B-2 Community Business District on the southside of Virginia Beach Boulevard, east of Fair Meadows Road. The proposed zoning classification change to B-2 Community Business District is for community business land use. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel is located at 5541, 5551 and 5553 Virginia Beach Boulevard and contains 3 acres more or less. BAYSIDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF SHURGARD GENERAL PARTNERS, INC., FOR A CONDITIONAL USE PERMIT FOR A MINI- WAREHOUSE STORAGE FACILITY R04931813 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Shurgard General Partners, Inc. for a Conditional Use Permit for a mini-warehouse storage facility on the south side of Virginia Beach Boulevard, east of Fair Meadows Road. Said parcel is located at 5541, 5551 and 5553 Virginia Beach Boulevard and contains 1.53 acres. BAYSIDE BOROUGH. The following conditions shall be required: Two curb cuts shall be allowed to the storage facility so long as the use on this site remains mini-warehouses. Should the use change, one curb cut shall be closed. 2. Category VI landscaping is required around the proposed addition to the storage facility in keeping with the City Zoning Ordinance. The proposed 15-foot stem running along the western boundary shall be eliminated and replaced with a drainage easement. The required Category VI screening shall be permitted in this drainage easement. Stormwater management shall be required for any additional impervious cover added on the site to be used for storage facilities. April 13, 1993 - 26 - Item III-L 2, c. PUBLIC HEARING ITEM 1136675 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis 1~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 - 27 - Item llI-L2.d. PUBLIC HEARING ITEM #$6676 PLANNING Attorney Richard H. Matthews, 192 Ballard Court, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of CH & B for an amendment to the Benneman Farm Land Use Plan and an Ordinance upon application of DRAGAS COMPANIES for a Change of Zoning District Classification. ORDINANCE UPON APPLICATION OF CH & B AMENDMENT TO THE BRENNEMAN FARM LAND Z04931381 FOR AN USE PLAN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B for an amendment to the Brennernan Farm Land Use Plan to delete the previously designated excess public school site and redistribute residential density. Said property is located on the east and west sides of South Plaza Trail, north of Princess Anne Road and south of Independence Boulevard. Said parcel contains 243 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The fifteen (15)-acre school site was rezoned out of the planned unit development and should be deleted from the plan. 2. Total number of Townhouses will increase from seventy-eight (78) to one hundred twenty (120). Eighty (80) units may be built at present. The remaining forty (40) units may be built ONLY when water restrictions are removed by the City. AND, ORDINANCE UPON APPLICATION OF DRAGAS COMPANIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO PD-H1 Z04931382 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dragas Companies for a Change of Zoning District Classification from R-7.5 Residential District to PD-H1 Planned Unit Development District on the following parcels: Parcel 1: Located on the northwest intersection of Princess Anne Road and Providence Road. Parcel 2: Located on the west side of Princess Anne Road beginning at a point 850 feet more or less north of Providence Road. The proposed zoning classification change to PD-H1 Planned Unit Development is for Planned Unit Development Land Use at a density no greater than 11 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for single family residential use at a density of 3 to 3.5 units per acre in accordance with other plan policies. Said parcels contain 1.58 acres. KEMPSVILLE BOROUGH. April 13, 1993 - 28 - Item III-L2.d. PUBLIC HEARING ITEM #36676 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy IC Parker Council Members Absent: John D. Moss Council lauty Parker DISCLOSED pursuant to Section 2.1-639.14(E), Code of Virginia, she and her husband are owners of Parker Pools, Inc., and Parker Pools, Inc. has a contract with George Dragas, Jr., Chairman of the Board of Dragas Companies, for the maintenance of his personal pool. Council Lady Parker wishes to disclose this interest and abstain from participating in this transaction. April 13, 1993 City of Virginia NANCY K PARKER COUNCILWOMAN AT-LARGE 604 GOLDSBORO AVENUE VIRGINIA BEACH, VIRGINIA 23451 (804) 425-1589 April 13, 1993 Mrs. Ruth Hodges Smith, CMC/AAE C~ty Clerk's Office Municipal Center Virgima Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is the Council consideration of the application of Dragas Companies for a change of zoning district classification from R-7.5 Residential D~strict to PD-H1 Planned Unit Development D~strlct on designated parcels. . The nature of my personal interest is that my husband and I are owners of Parker Pools, Inc., and that Parker Pools, Inc., has a contract w~th George Dragas, Jr., Chairman of the Board of Dragas Companies, for the maintenance of his personal pool. . Although the City Attorney's Office has advised me that this interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I w~sh to disclose this interest and abstain from participating in this transaction. Mrs. Ruth Hodges Smith -2- April 13, 1993 Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia Accordingly, I respectfully request that you record this declaration in the offimal records of the City Council. I have enclosed an opinion letter from Randall M. Blow, Senior Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Nancy K. Parker Councilwoman NKP/clb Enclosure City of Virginia LESLIE L LILLEY CITY A fTORNE',' MUNICIPAL CENTER VIRGINIA BEACH VA 23456 9004 (804) 427 4531 FAX (804) 426 5687 April 13, 1993 Councilwoman Nancy K. Parker Municipal Center Virgima Beach, VA 23456 Re' Confltct of Interests Act Opinion Dear Councilwoman Parker: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on the application of Dragas Companies for a change of zoning district classification from R-7.5 Residential District to PD-H1 Planned Unit Development D~strict on designated parcels. The application is scheduled for cons~derauon by C~ty Council at its April 13, 1993, meeting. SUMMARY/CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you do not have a personal interest in the transaction of Council concerning its consideration of the application of Dragas Companies for a change of zoning district classification from R-7.5 Residential District to PD-H1 Planned Unit Development District on designated parcels. Thus, you may vote on this matter without restriction. For your information, I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in Sectaon 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusxons on the following facts wtuch you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opuuon if they are correct and complete. Councilwoman Nancy K. Parker -2- April 13, 1993 Re: Conflict of Interests Act Opinion FACTS PRESENTED: Your request for an advisory opinion is generated by the application of Dragas Companies for a change of zoning district classification from R-7.5 Residential District to PD-H1 Planned Unit Development District on designated parcels. The application is scheduled to be considered by the Council at the April 13, 1993, meeting. You have advised that your concern, and reason for requesting this opinion, is that you and your husband are the owners of Parker Pools, Inc. ("Parker Pools"), that you have an ~nterest in Parker Pools wtuch exceeds three percent (3 %) of the total eqmty of the business, and that Parker Pools has a contract with George Dragas, Jr., Chairman of the Board of Dragas Companies, for the maintenance of his personal pool. You have further advised that Parker Pools received ~ncome of less than $10,000.00 from Mr. Dragas as a result of last year's contract. ISSUE: Are you precluded from participating ~n the Council's discussion and vote on the application of Dragas Companies for a change of zoning district classification from R-7.5 Residential District to PD-H1 Planned Unit Development D~strict on designated parcels? DISCUSSION: I. Applicable Definitions of Section 2.1-639.1 A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced Act. C. Council consideration of the apphcation of Dragas Compames for a change of zoning district classification from R-7.5 Res~dentaal District to PD-H1 Planned Unit Development District on designated parcels is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on Much official action is taken or contemplated. D. "Personal interest" is defmed in § 2.1-639.2 as a financial benefit or liability whtch accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business Councilwoman Nancy K. Parker -3- April 13, 1993 Re: Conflict of Interests Act Opinion af the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business wtuch exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his Immediate family has a personal interest in property or a business or represents any individual or business and such property, buslness or represented andivldual (i) is the subject of the transaction or (i0 may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considenng the transaction. II. Application of Defimt~ons A. Personal Interest You have a personal mterest tn Parker Pools, Inc., by virtue of your interest in Parker Pools which exceeds three percent (3 %) of the equity of the business. B. Personal Interest in the Transaction Based on the facts presented, Parker Pools, Inc., is not the subject of the transaction, nor will at realize a reasonably foreseeable direct or indirect benefit or detriment as a result of Council's consideration of the aforementioned application. ~ Therefore, it is my opinion that you do not have a personal interest in the transaction within the meaning of the Conflict of Interests Act. III. Disclosure Requirements Based on the fact that you have no personal interest in the application of Dragas Companies for a change of zoning district classification from R-7.5 Residential District to PD-H1 Planned Unit Development District on designated parcels, you are not restricted in ~In circumstances where the effect of a transaction is speculative, remote, or contingent on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal interest will benefit or suffer as a result of the pending transaction. Attorney General Opinion to the Honorable William F. Parkerson, Jr., Member, Senate of Virginia, dated February 2, 1987. Councilwoman Nancy K. Parker -4- April 13, 1993 Re: Conflict of Interests Act Opinion voting as to that aem. If you are concerned that your participation as to this matter may create some appearance of ~mpropriety because of your position, there are two options available to you which may d~ffuse any perception problems that may arise: le You may either d~sclose the facts as presented hereto and proceed to vote as to this transacuon; or . You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make this document available for public ~nspect~on for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer' s judgment which are clearly ~mproper. The law does not, however, protect against all appearance of improper Influence. In that respect, the Act places the burden on the md~mdual officer to evaluate whether the facts presented create an appearance of impropriety which ~s unacceptable or which would affect the confidence of the public ~n the officer's ability to be rrnparfial. I have opined that you may participate m the transaction after disclosure. However, if you are concerned that parucipatmg in the transaction, even after disclosure, could create an unacceptable appearance, you may abstain from voting under § 2.1-639.14(E) provided that you first disclose your interest in the transacuon. Please contact me should you desire any additional reformation. Very truly yours, tto e RMB/clb Enclosure - 29 - Item III-L2. e. PUBLIC HEARING ITEM #36677 PLANNING Jim Arnhold, 2414 Whaler court, Phone: 486-6100, represented the applicant The following registered in OPPOSITION: George Heuser, 1744 Jack Front Road, Phone: 464-2330, President - Lake Shores Civic League. Mr. Heuser presented petitions in OPPOSITION containing 298 signatures, which are hereby made a part of the record. Manuel Ramos, Jr., 1632 Jack Frost Road, Phone: 363-8689, represented adjacent proeprty owners to subject property. Mike Shaheen, 1636 Jack Frost Road, Phone: 363-8836, adjacent resident. Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council DENIED the application of HAll', INC. for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance, at the northwest intersection of Northampton Boulevard and Jack Frost Road. Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for HAH Inc Property is located at the northwest intersection of Northampton Boulevard and Jack Frost Road. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 - 30 - Item III-J. 1.2. APPOINTMENTS ITEM #36678 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GO~RNORS April 13, 1993 - 31 - Item III-J. 3. APPOINTMENTS ITEM #36679 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: EROSION COMMISSION Donald F. Bennis Thomas E. Fraim Ernestine K. Middleton Adin K. Woodward 4- Year Terms 5/1/93 - 4/30/97 Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 Item llI-J. 4. APPOINTMENTS ITEM 1136680 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: MEDICAL COLLEGE OF HAMPTON ROADS Jane K. Eilertsen 3-Year Term 6/1/93 - 5/31/96 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss April 13, 1993 Item III-L. 1. NEW BUSINESS ITEM # 36681 COUNCIL-SPONSORED ITEM The Ordinance to AMEND and REORDAIN Section 23-2 of the Code of the City of Virginia Beach, Virginia, re curfew for minors, was included by Mayor Oberndorf in the City Council Agenda for discussion. City Manager will meet with the various area City Managers and Chiefs of Police of Norfolk, Portsmouth and Chesapeake to discuss a blanket curfew ordinance that will apply to all areas within the region. A matrix relative this curfew as it applies to the various other areas has been prepared by the City Attorney. A matrix comparison of Virginia Beach, Norfolk, Chesapeake and Portsmouth curfew ordinances was distributed to City Council. April 13, 1993 - 34 - Item III-L. 2. NEW BUSINESS ITEM # 36682 BY CONSENSUS, City Council APPOINTED: VIRGINIA MUNICIPAL LEAGUE 1993 POLICY COMMITTEE NOMINATIONS Community and Economic Development Councilman Linwood O. Branch, III Education Council Lady Nancy K. Parker Effective Government Councilman Robert K. Dean Environmental Quality Mayor Meyera E. Oberndorf Human Development Councilman Robert W. Clyburn Public Safety Councilman James W. Brazier, Jr. Transportation Councilman John D. Moss April 13, 1993 Item III-M. 1. ADJOURNMENT ITEM # 36683 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 3:05 P.M. CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 13, 1993