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Home My WebLink AboutMAY 11, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYORMEYERA E. OBERNDORF, At-Large VICE MA YOR LOlJJS R. JONES, Bay.vide - District" HARRY E. DIEZEL, Kempsville - District 2 MARGARET L. EURE, Cenlerville - Di.1"lr;cl J REBA S. McCLANAN, Ro.\'e Hall - Dis/riel 3 RICHARD A. MADDOX, Beach - Distric/6 JIM REEVE, Prince,f.I' Anne - District 7 PETER W SCHMlDT, At-Large RON A. VlLLANURVA, At-Large ROSEMARY W1LS'ON, At-Large JAMES L WOOD, f.ynnhaven .District 5 .. ~\"'b~B% '""Ei;, 0' ,'- }~ " ~~ilc" ... , -; - ' , ""...;- ..~~ ""f".. ~- '.-- :~ ~".r' o~ o~i"'"~'l\:ir CITY COUNCIL CITY COUNCIL AGENDA c:nr HALL BUILDING J 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PRONK (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl@vbgov.com JAMES K. ,....PORE, City Manager LE'SUE 1. ULLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk 11 May 2004 1. COUNCIL LIASION REPORTS - Conference Room 2:30 P.M, II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room 3:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Charles Moseley Oak Grove Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 2. 3. SPECIAL FORMAL SESSION SPECIAL FORMAL SESSION INFORMAL AND FORMAL SESSIONS April 15,2004 April 20, 2004 April 27, 2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. AGRICULTURE RESERVE PROGRAM (ARP) Baum Road 2. PROPERTY TAX EXEMPTIONS a. Hampton Road Youth Hockey Association, Inc, b. Hampton Roads Junior Golf Foundation c. Paradocks, Inc. 3. CITY PROPERTY FRANCHISE Entertainment, Inc. - Virginia Beach Fishing Pier 4. CITY PROPERTY LEASE FRANCHISES a. Pilot Program (May I - September 30, 2004) (I) Giovanni's Inc., tla Giovanni's Restaurant, 2006 Atlantic Avenue (2) Ocean Fries, Inc., tla Keifer's Bar & Grill, 2218 Atlantic Avenue b. Connector and Street Park Cafes (1) Tradewinds, LC and Rockfish Sea Grill, L.L.C., tfa Rockfish Boardwalk and Sea Grill 1601 Atlantic Avenue (2) 21 Fun, LLC tla Sharx Cafe, 211 21" Street 5. TOWING FEE INCREASE 6. RURAL AREA UTILITIES I. CONSENT AGENDA 1. FY 2004-2005 RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET Note: These Ordinances re the FY 2004-2005 Operating and Capital Budgets are submittedfor PUBLIC NOTICE, but subject to amendments which may result from the City Council's Reconciliation on May 6, 2004, {after the printing of this Agenda) 1. Ordinances re the 2004-2005 Capital Improvement Program (CIP): a. FY 2005IFY 2010 Capital Improvement Program (CIP) and APPROPRIATE $177 ,305,866 for the FY 2005 Capital Budget subject to funds being provided from various sources set forth therein b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$61,000,000 for various public facilities and general improvements c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $51 0,000 d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$9,215,000 2. Ordinances re FY 2004-2005 Operating Budget: a. APPROPRIATE for the fiscal year, beginning July I, 2004 and ending June 30, 2005, the sum of$I,399,227,960 for Operations and $505,583,901 in Interfund Transfers regulating the payment of money out of the City Treasury, as Amended b. ESTABLISH the Tax Levy on real estate for FY 2005 c. ESTABLISH the Tax Levy on personal property and machinery and tools for the calendar year 2005 d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) e. AMEND ~~ 3564 and 3567 of the City Code re the exemption or deferral ofreal estate taxes for elderly or disabled persons by increasing income and net worth limits f. AMEND ~35-159 of the City Code re lodging tax by extending the sunset provisions to maintain the tax at its current amount g. REVISE the City's fund balance policy h. AMEND the funding sources for the Agriculture Reserve Program (ARP) by lowering the amount of real estate tax revenue 1. AMEND S 35-67.1 of the City Code to eliminate the imposition ofinterest on deferred real estate taxes J. AMEND S31-15 of the City Code re provision of automated refuse receptacles k. AMEND S31-35 of the City Code establishing a Thirty Dollar ($30) fee re yard waste containers 1. AMEND S33-113 of the City Code re encroachments by increasing the application fee m. AMEND S5-14 ofthe City Code re the disposition of unclaimed animals by REVISING the fee schedule and REQUIRING spaying or neutering prior to adoption n. AMEND S5-14 of the City Code re disposition of dead animals o. AMEND S 3, Appendix C, Site Plan Ordinance, re adoption of fees for single- family residential site plan review, site plan revisions and other site plan review p. AMEND S 8.1, Appendix B, Subdivision Regulations re fees for construction plans, final subdivision plats, plat revisions and subdivisions plats that do not create additional lots q. AMEND S 6-152.5 of Chapter 6 of the City Code re fees for permits for dredging or fiIJing waters, marshlands and lowlands r. AMEND SS 1403 and 1603 ofthe City Zoning Ordinance (CZO) re application fees and a fee for deferral of an application s. AMEND and REORDAIN SS 8-31 and 8-32 of Chapter 8 of the City Code re fees for administration, stopwork orders, reviews of commercial plans and residential water and sewer connections t. AMEND and REORDAIN S 30-61 of Chapter 30 ofthe City Code re fees for erosion and sediment control permits, plan review and inspections and review of easement or dedication plats U. AMEND and REORDAIN S 110 of Chapter 33 of the City Code re permit fees for work on, over, under or affecting streets and the review of easement or dedication plats v. AMEND the Chesapeake Bay Preservation Area ordinance re the fee for administrative and Board variances K. ORDINANCES/RESOLUTION I. Ordinance to AMEND and REORDAIN the City Code: a. b. S 17-3 S 21-317 SS 21-426 and 24-429 Library Board revision of membership Maximum speed limits Towing vehicles from private property c. 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of it's contract obligations in the maximum amount of $116,154 (property of Dianna Conte and Patricia Ange on Baum Road). 3. Ordinances to AUTHORIZE the acquisition of properties and authorize the City Manager to execute the appropriate documents: a. Princess Anne Road for Tidewater Community College expansion $3,750,000 b. 537 S. Rosemont Road for Housing and Neighborhood Preservation from South Hampton Roads Habitat for Humanity Inc. $36,685 4. Ordinances to DESIGNATE nonprofit organizations as exempt from local real and personal property taxation: a. HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. established as a benevolent organization to provide organized amateur hockey b. HAMPTON ROADS JUNIOR GOLF FOUNDATION established as a benevolent organization to provide a program and, make golf more accessible to all persons, particularly children c. P ARADOCKS, INC., chartered "to provide charitable services for the disadvantaged and mobility-impaired 5. Ordinances to AUTHORIZE temporary encroachments: a. International Parkway and Central Drive right-of-way by STIHL INCORPORATED to construct and maintain a conduit for computer cables to provide a network between an existing building and a new building under construction in Oceana West Industrial Park (BEACH - DISTRICT6) b. City's 20'utility and drainage easement re a new two story frame dwelling on pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL (BEACH - DISTRICT6) c. Lake Wesley by JOSEPH M. and LORI ANNE HANLEY to MODIFY and maintain an existing fixed pier, floating pier, boat lift and mooring piles at 541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT6) 6. Ordinances to AUTHORIZE franchises: a. ENTERTAINMENT, INC. for the use of City property at the Oceanfront and 15th Street re the Virginia Beach Fishing Pier b. TRADEWINDS, LC and ROCKFISH SEA GRILL, L.L.C. tfa ROCKFISH BOARDWALKBAR and SEA GRILL connector park cafe at 1601 Atlantic Avenue, and 21 FUN L.L.C. tJa SHARX CAFE to operate a side street cafe' at 211 21st Street from May 1, 2004, to April 30, 2005 c. GIOVANNI'S INC., tJa GIOVANNI'S RESTAURANT at 2006 Atlantic Avenue, and OCEAN FIRIES, INC., tJa KEIFER'S BAR & GRILL open air cafe at 2218 Atlantic Avenue from May 1, 2004 to September 30,2004 7. Ordinance to APPROPRIATE $80,000 from the General Fund Balance to provide an interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance, 8. Ordinance to APPROPRIATE $70,000 from the fund balance of the Oyster Heritage Trust fund to Planning's FY 2003-2004 operating budget to develop a plan for restoring oysters in the Lynnhaven Watershed. 9. Ordinance to TRANSFER $130,000 from the General Fund Reserve for contingencies to the Planning's FY 2003-2004 operating budget re development of an urban design element for the Historic Kempsville Plan. 10. Resolution re the annual ISSUANCE and SALE of $65,000,000 General Obligation Public Improvement Bonds, Series 2004A. 11. Resolution ESTABLISHING a Task Force to study the implementation of a Biennial City Budget for fiscal planning purposes. (requested by Councilmembers Ron Villanueva, Peter Schmidt and Jim Wood) 12. Resolution CONCURRING with issuance by the Norfolk Airport Authority of bank qualified Tax-Exempt Revenue Bonds not to exceed $7,500,000 for VIRGINIA WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan Drive. (BA YSIDE - DISTRICT 4) 13. Resolution to APPOINT Christianna R. Dougherty-Cunningham and Lucia G. Whitlow as Assistant City Attorneys. L. PLANNING 1. Applications for Variances to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO): a. TIDEWATER CONVENIENCE, L.L.C., at 1689 Laskin Road (DISTRICT 5 - L YNNHA VEN) b, FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of MAL BON BROS. PETROLEUM, L.L.C. for Modification of Proffers re size and access on a Conditional Change of Zoning approved by City Council on July 5, 2000, (Beach Builders, Inc.) on the north side of Culver Lane east of General Booth Boulevard (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC., INC. for a Modification of Conditions to add boatlifts applicable to a Conditional Use Permit for a community pier approved by City Council on November 28,2000, and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) PlumbinglMechanical (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNAMENT *************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) ************** Agenda 05/11/04\sb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 11, 2004 Mayor Meyera E. Oberndorf called to order the City Council Session re COUNCIL LIAISON REPORTS in the Council Conference Room, City Hall, on Tuesday, May 11, 2004, at 2:30 P.M. Council Members Present: Harry E, Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Peter W Schmidt [En route from South Carolina) Entered: Formal Session 6:00 PM.} - 3- AGE N DA REV/ E W S E S S / 0 N 2:50 P.M. /TEM # 52534 The Mayor, Vice Mayor, City Manager, City Attorney, Steven Thompson - Chief Financial Officer, and Catheryn Whitesell, Director - Management Services, met with School Board Chair Dan Edwards, Vice Chair Neil L. Rose, Dr. Magula - Superintendent of Curriculum and Instruction, and Vicky Lewis - Chief Financial Officer, Virginia Beach Public Schools, on Tuesday, May 11, 2004, at 8:00 A.M. in the City Manager's Conference Room to discuss issues relative additional fundingfrom the State. The City Manager distributed State Code Section 58./-638.1 Public Education Standards of Quality/Local Real Estate Property Tax Relief Fund Established: Any amount paid to a county, city or town from the fund shall be taken into account by the governing body of the county, city or town in setting real estate tax rates. Catheryn Whitesell distributed the Amendments and proposed motion to certain FY 2004-05 Operating Budget ordinances. This proposed MOTION was further AMENDED, by adding funding for six ladder captains in the Fire Department. * Amendment to certain FY 2004-05 Operating Budget ordinances. The School system receive $15,381,031 in additional funding from the State, and the VRS cost to the Schools has been reduced by $6-MILLION These adjustments to the School Operating Budget will be brought to City Council by the School Board at a later date. Amendments to the real estate tax levy ordinance, the personal property tax levy ordinance, the ordinance pertaining to tax relief for the elderly and disabled, and the FY 2004-05 Operating Budget ordinance are as follows: The real estate tax rate is reduced from $1.22 to $1.1964 and the personal property tax rate on manufactured homes is reducedfrom $1.22 to $1.1964 The ordinance pertaining to tax relief for the elderly and disabled is changed as follows: . For the tax reliefprograms, the net combinedfinancial worth is increased from $134,700 to $147,400 . For the tax freeze program, the maximum total combined income is increasedfrom $41,500 to $45,400 . To qualify for 100% exemption, the limit on total income from all sources is increasedfrom $20,700 to $22,800 . To qualify for 80% exemption, the limit on total income from all sources is increasedfrom $22,400 to $24,800 . To qualify for 60% exemption, the limit on total income from all sources is increasedfrom $23,900 to $26,800 . To qualify for 40% exemption, the limit on total income from all sources is increased from $25,400 to $28,800 . To qualify for 20% exemption, the limit on total income from all sources is increasedfrom $28,200 to $30,900 Appropriations to the FY 2004-05 Operating Budget are amended as follows: . Increase fundingfor tax relief for the elderly and disabled $ 929,949 . Restore funding for Consumer Affairs in the Commonwealth Attorney's Office $ 347,996 May II, 2004 - 4- AGE N DA REV I E W S E S S ION ITEM # 52534 (Continued) . Restore funding for Sunday hours at Kempsville and Princess Anne libraries $ 143,053 . Fund additional Stafffor the replacement Oceanfront Library $ 82,838 . Fund additional Stafffor the Development Services Center $ 116,386 . Fund additional staff for the Commissioner of Revenue's Office and ADD a document imaging system $ 213,000 . Restore funding for a position to provide grant management in the Department of Management Services $ 48,055 . Restore fundingfor landscape services for various parks and Municipal Buildings $ 156,296 . Restorefundingfor three (3) drop-ojJrecycling centers $ 20,000 . Restorefundingfor Economic Development advertising $ 63,951 . Restore funding for custodial services and provide custodial services at the new Emergency Communications Center . Reduce funding in the Sandbridge TIF . Reduce funding in the Central Business District South TIF . Reduce funding in the Lynnhaven Mall TIF . Reduce the City's transfer to the School Operating Fund . Provide funding for the Community Color Project . Increase funding in the General Fund Reserve for Contingencies . Reduce funding due to budget savings . Provide (undinll (or six ladder caotains in the Fire Deoartment Revenues to the FY 2004-05 Operating Budget are amended as follows: . Increase State revenue to the School Operating Fund . Increase revenue from the Deed Recordation Tax $ 259,214 $ 97,025 $ 45,691 $ 39,959 $8,245,949 $ 55,000 $ 74,;62 $ 21.162 $ 316,951 $ 53. 000 $8,245,949 $1,263,000 May 11, 2004 - 5 - AGE N DA REV I E W S E S S ION ITEM # 52534 (Continued) . Reduce real estate tax revenue from the tax rate reduction $7,316,000 . Reduce revenue to the Sandbridge TIF $ 97,025 . Reduce revenue to the Central Business District South TIF $ 45,691 . Reduce revenue to the Lynnhaven Mall TIF $ 39,959 AMEND the FY 20041FY 2010 Capital Improvement Program ordinance by: Transferring $250,000from CIP#2-073 Buckner RoadExtended to CIP #2-071 Baker Road Extended to expedite design work. Increase appropriations as follows: Funding Source CIP # 3-114 Community Color Project $ 55,000 CIP # 9-027 31" Street Parking Garage $2,963,566 Total $3,018,566 General Fund Operating Budget Public Facility Revenue Bonds Ms. Whitesell advised the reality is Schools will receive $23.6-MILLION in new revenue with the Budget ADOPTED by the State. This encompasses the entire one-half (0) cent sales tax increase (1/8 cent - Standards of Quality (SOQ)funding, 1/8 cent based on school age population and 1/4 centfor K-12funding), There are still some outstanding issues in terms of the State Budget. Funding coming into Constitutional Officers is still unclear. Ms. Whitesell requested those issues relative additional staff for the Commissioner of the Revenue be in abeyance until the funding is determined from the State. The Mental Healthfunding for the Special Education graduates is still unclear in terms of how the State Mental Health Department will be able to reallocate these funds. The Governor's Veto Session will occur approximately mid June and offiCial modifications might be necessary. Charles Meyer, Chief Operating Officer, has advised the Public Safety Chiefs relative the Global Positioning System (GPS) issue. Fire ChiefCade agreed to explore the commercial systems available and make an acquisition to determine if applicable. The original intent of the Emergency Response System (ERS) proposal was to evaluate a GPS system that would be operating ojJthe City's mapping systemfor the 2005 Operating Budget. Relative the 31" Parking Garage, the City Manager advised the bid opening was conducted yesterday, May 10, 2004. Clarence WarnstafJ, Director of Public Utilities, advised relative the additional jitnding in the amount of $2,963,566. The low bid received was $2,963,566 higher than originally budgeted. Therefore, the stajJis recommending adjustments be made to the Capital Improvement Program. The increased cost is principally due to the higher cost of steel in the market place. Cement has also escelated. The 31" Street project still provides a positive economic benefit to the City. The Virginia Beach taxpayers are not really payingfor the project. The revenues generated by the project will be utilized to pay the cost of the project. The parking garage provides for 968 parking spaces of which over 500 spaces are for public parking. The project also provides for a new public park, new restrooms designed and built for residents and beach visitors and a new 4-star hotel which will compliment the new convention center. New investment in the Laskin Road Corridor is anticipated. May 11, 2004 - 6- A GENDA REVIEW SESSION ITEM # 52534 (Continued) The apparent low bidder of the 31" Street Parking Garage is W. M. Jordan Construction Company. The Bid is being evaluated. A contract award has not been made. MMM Architects and Walker Consultants have been designed the parking garage. The City Manager advised the parking garage MUST be completed at the same time as the 31" Street hotel. In the first twenty-five (25) years, this project is estimated to be a positive revenue generator of $30- MILLION. Vice Mayor Jones is concerned relative the $4. 7-MILLION total increase this year ITEM # 52535 K.4. Ordinances to DESIGNATE nonprofit organizations as exempt from local real and personal property taxation: a. HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. established as a benevolent organization to provide organized amateur hockey h. HAMPTON ROADS JUNIOR GOLF FOUNDATION established as a benevolent organization to provide a program and, make golf more accessible to all persons, particularly children c. PARADOCKS, INC., chartered "to provide charitable services for the disadvantaged and mobility-impaired Council Lady McClanan expressed concern and advised the Review andAllocation Committee, Community Organization Grant (COG) recommended against two (2) of these applications: Hampton Roads Youth Hockey Association and Paradocks, Inc. The City Attorney delivered the recommendations of COG to the City Council Members on Saturday, May 9, 2004. ITEM # 52536 K.II Resolution ESTABLISHING a Task Force to study the implementation of a Biennial City Budget for fiscal planning purposes. (requested by Councilmembers Ron Villanueva, Peter Schmidt and Jim Wood) Councilman Villanueva advised the Task Force would consist of three (3) members of City Council, two (2) School Board Members, the City Manager and/or his designee and the Superintendent of Schools and/or his designee. The TaskForce would be required to prepare monthly progress reports and will expedite thefinal reportfrom September 28,2004, to July 1,2004. May 11, 2004 - 7- AGE NDA RE VIE W SESSION ITEM # 52537 Resolution to DIRECT the City Manager implement the recommendations of the Senior Citizen Real Estate Tax Relief Task Force. Councilman Reeve requested this Resolution (Sponsored by Council Members Maddox, Reeve and Villanueva) be ADDED to the Agenda. ITEM # 52538 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCESIRESOLUTIONS K.l. Ordinance to AMEND and REORDAIN the City Code: a. J 17-3 b.9' 21-17 c. H 21-426 and 24-429 Library Board revision of membership Maximum speed limits Towing vehicles from private property K.2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of it's contract obligations in the maximum amount of $116,154 (property of Dianna Conte and Patricia Ange on Baum Road). K.3. Ordinances to AUTHORIZE the acquisition of properties and authorize the City Manager to execute the appropriate documents: a. Princess Anne Road for Tidewater Community College expansion $3,750,000 b. 537 S. Rosemont Roadfor Housing and Neighborhood Preservation from South Hampton Roads Habitat for Humanity Inc. $ 36,685 K.5. Ordinances to AUTHORIZE temporary encroachments: a. International Parkway and Central Drive right-ai-way by STIHL INCORPORATED to construct and maintain a conduit for computer cables to provide a network between an existing building and a new building under construction in Oceana West Industrial Park (BEACH - DISTRICT 6) May 11, 2004 - 8- AGE N DA REV IE W S E S S ION ITEM # 52538 (Continued) b. City's 20' utility and drainage easement re a new two story frame dwelling on pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL (BEACH - DISTRICT6) c. Lake Wesley by JOSEPH M. and LORI ANNE HANLEY to MODIFY and maintain an existingflXed pier, floating pier, boat lift and mooring piles at 541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT 6) K. 6. Ordinances to AUTHORIZE franchises: a. ENTERTAINMENT, INC for the use of City property at the Oceanfront and I5'h Street re the Virginia Beach Fishing Pier b. TRADEWINDS, LC and ROCKFISH SEA GRILL, L.L.c. tfa ROCKFISH BOARDWALK BAR and SEA GRILL connector park cafe at 1601 Atlantic Avenue, and 21 FUN L.L.C tfa SHARX CAFE to operate a side street cafe' at 211 21" Street from May 1, 2004, to April 30, 2005 c. GIOVANNI'SINC, (fa GIOVANNI'SRESTAURANT at 2006 Atlantic Avenue, and OCEAN FIRIES, INC., t/a KEIFER'S BAR & GRILL open air cafe at 2218 Atlantic Avenue from May 1,2004, to September 30, 2004 K. 7. Ordinance to APPROPRIA TE $80,000 from the General Fund Balance to provide an interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance. K.8. Ordinance to APPROPRIA TE $ 70, 000 from the fund balance of the Oyster Heritage Trust fund to Planning's FY 2003-2004 operating budget to develop a plan for restoring oysters in the Lynnhaven Watershed. K.9. Ordinance to TRANSFER $130,000 from the General Fund Reserve for contingencies to the Planning's FY 2003-2004 operating budget re development of an urban design element for the Historic Kempsville Plan. K.IO Resolution re the annual ISSUANCE and SALE of $65,000, 000 General Obligation Public Improvement Bonds, Series 2004A. K.II Resolution ESTABLISHING a Task Force to study the implementation of a Biennial City Budget for fiscal planning purposes. (requested by Councilmembers Ron Villanueva, Peter Schmidt and Jim Wood) May 11, 2004 - 9- AGE N DA REV I E W S E S S ION ITEM # 52538 (Continued) K.12 Resolution CONCURRING with issuance by the Norfolk Airport Authority of bank qualified Tax-Exempt Revenue Bonds not to exceed $7,500, 000 for VIRGINIA WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan Drive. (BA YSIDE -- DISTRICT 4) K.13 Resolution to APPOINT Christianna R. Dougherty- Cunningham and Lucia G. Whitlow as Assistant City Attorneys. Mayor Oberndorf, Council Members Eure, McClanan and Wilson will vote NAY on Item K.l.c (Towing vehicles Amendment) Council Lady McClanan will vote NA Y on Item K.2 ( ARP - Dianna Conte and Patricia Ange) Council Lady McClanan will vote NAY on Item K.4a (HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. Councilman Wood DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act :,' 2.2-3115 (E). Re Item 6.b. (one of the two proposed franchises 21 Fun, L.L. C, trading as "Sharx Cafe" and located at 211 21" Street). Councilman Wood has an ownership interest in JD&W,Inc. JD&W,Inc. has performed work for related business entities of 21 Fun.. L.L. C. and is currently negotiating construction projects with 21 Fun, L.L.C Councilman Wood's letter of May 11.2004, is hereby made apart of the record. Item K. 7. will be DEFERRED INDEFINITELY, BY CONSENT Item K.9 (Historic Kempsville Plan) will be DEFERRED, BY CONSENT, until the City Council Session of May 25. 2004. May 11, 2004 -10 - AGE N DA REV I E W S E S S ION ITEM # 52539 BY CONSENSUS. the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING L.1. Applications for Variances to f 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO): a. TIDEWATER CONVENIENCE, L.L. C. at 1689 Laskin Road (DISTRICT 5 - LYNNHA VEN) a. FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Road. (DISTRICT 7 - PRINCESS ANNE) L.2. Application of MALBON BROS. PETROLEUM, L.L.Cfor Modification of Proffers re size and access on a Conditional Chanl!e of Zoninl! approved by City Council on July 5. 2000. (Beach Builders. Inc.) on the north side of Culver Lane east of General Booth Boulevard (DISTRICT 7- PRINCESS ANNE) L.3. Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC, INC for a Modification of Conditions to add boatlifts applicable to a Conditional Use Permit for a community pier approved by City Council on November 28. 2000. and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper Road. (DISTRICT 7 - PRINCESS ANNE) ITEM # 52540 The City Attorney referenced: ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 - PRINCESS ANNE This Ordinance was DEFERRED INDEFINITELY, to allow completion of the Joint Land Use Study (JLUS. Council Lady McClanan has been contacted by the Pastor of Christian Chapel Assembly of God and would like RECONSIDERATION. This application has been DEFERRED and. therefore. can be scheduled for any City Council Session. The City Attorney and the Planning Department are in the process of scheduling a meeting with the applicant. May 11.2004 -11 - ITEM # 52541 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.I-344(A), Code of Virginia. as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance. demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (I). Appointments: To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals - (a) Plumbing/Mechanical (b) Building Maintenance Health Services Advisory Board Open Space Committee Public Library Board Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose. the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2. 2-3711 (A)(3). Acquisition/Disposition of Property Bayside District Princess Anne District Beach District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation. or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Julie Pickell v. City of Virginia Beach PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction. as those terms are defined in Section 56-557. of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705(A)(56) AND discussion of the award of a public contract involving the expenditure of public funds.. and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. 31" Street Garage Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (4:40 P.M.). May II, 2004 - 12- ITEM # 52541 (Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Peter W Schmidt (Closed Session: 4:40 P.M. - 5:50 P.M.) (Dinner: 5:50 P.M. - 6:10 P.M.) Council Lady Wilson ABSTAINED re 31" Street and advised she would not be attending this portion of the Closed Session. Council Lady Wilson DISCLOSED her husband is a principal in the accounting firm, Goodman and Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company has provided accounting and tax services related to 31" Street and the Beach Quarters Inn. The City Attorney has advised that she is required to disclose any personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act and is disqualified from participating in this transaction. May 11,2004 - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 11, 2004 6: 10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May J J, 2004, at 6:10 P.M Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingflrm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andflle the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agendafor each meeting of City Councilfor the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and flle the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May J J, 2004 -14 - Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 52542 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf. Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Peter w: Schmidt Council Members Absent: None Councilman Schmidt ABSTAINED as he was not in attendance during the Closed Session. May 11, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52541, page II, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE ITRESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member'sknowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~, th Hodges mith, MMC City Clerk May] I, 2004 -i5 - Item V-F. 1. MINUTES ITEM # 52543 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSIONS of April15,2004. Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf. Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Richard A. Maddox, Jim Reeve and James L. Wood Council Members Absent: None Councilman Reeve ABSTAINED as he was not in attendance during the City Council Session of Aprili5, 2004. Councilman Wood ABSTAINED as he was not in attendance during the City Council Session of Aprili5, 2004. Councilman Maddox ABSTAINED as he was not in attendancefor the BUDGET WORKSHOP portion of the City Council Session of Aprili5, 2004. May ii, 2004 -16 - Item V-F. 1. MINUTES ITEM # 52544 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of April 20, 2004 and INFORMAL AND FORMAL SESSIONS of April 27, 2004. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 -17 - Item V-G.!. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52545 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution to DIRECT the City Manager implement the recommendations of the Senior Citizen Real Estate Tax Relief Task Force. ADDED: Abstract of May 4, 2004 Councilmanic Election Votes. May 11, 2004 -18 - Item V-H.I. PUBLIC HEARING ITEM # 52546 Mayor Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURE RESERVE PROGRAM (ARP) Baum Road There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING May 11.2004 -19- Item V-H.2.a. PUBLIC HEARING ITEM # 52547 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTIONS Hampton Road Youth Hockey Association, inc. The following registered to speak: Attorney Stephen R. Davis, represented the Hampton Roads Youth Hockey Association, Inc., (also coach and father of a player), 222 Central Park Avenue, Phone: 628-5602. Attorney Davis was accompanied by Joe Long, Coach and Board Member of the Association, 24-year City Fireman and his son also a Hockey player. The Association owns the Iceland Arena. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May II, 2004 - 20- Item V-H.2.b. PUBLIC HEARING ITEM # 52548 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTIONS Hampton Roads Junior Golf Foundation The following registered to speak: Attorney Les Watson, Wolcott/Rivers, One Columbus Center, Suite 1100, Phone: 497-6633, represented the Hampton Roads Junior Golf Foundation, which is a licensee of the First Tee of the United States. Their purpose is to teach life skills to children using golf as a vehicle. The Foundation has entered into an operating agreement with the YMCA to operate the facility. Last year, 1500 children participated in the program. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May II, 2004 - 21- Item V-H.2.c. PUBLIC HEARING ITEM # 52549 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTIONS Paradocks, Inc. There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING May 11,2004 - 22- Item V-H.3.a. PUBLIC HEARING ITEM # 52550 Mayor Oberndorf DECLARED A PUBLIC HEARING: CITY PROPERTY FRANCHISE Entertainment, Inc. - Virginia Beach Fishing Pier The following speakers in SUPPORT waived their right to speak: John Faber, Troutman Saunders LLP, representing the applicant, 222 Central Park Avenue Robert Lachman, President - Entertainment, Inc., 3113 Dolphin Road, Phone: 481-3367 There being no further speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING May II, 2004 - 23- Item V-H.2.c. PUBLIC HEARING ITEM # 52551 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTIONS Paradocks, Inc. There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING May n, 2004 - 24- Item V-H.4.aIb. PUBLIC HEARING ITEM # 52552 Mayor Oberndorf DECLARED A PUBLIC HEARING: CITY PROPERTY LEASE FRANCHISES a. Pilot Program (May 1 - September 30, 2004) (1) Giovanni's Inc., t/a Giovanni's Restaurant, 2006 Atlantic Avenue (2) Ocean Fries, Inc., t/a Keifer's Bar & Grill, 2218 Atlantic Avenue b. Connector and Street Park Cafes (1) Tradewinds, LC and Rockfish Sea Grill, L.L.c., t/a Rockfish Boardwalk and Sea Grill 1601 Atlantic Avenue (2) 21 Fun, LLC t/a Sharx Cafe, 211 2r Street There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May ii, 2004 -25 - Item V-H.5. PUBLIC HEARING ITEM # 52553 Mayor Oberndorf DECLARED A PUBLIC HEARING: TOWING FEE INCREASE The following speakers in SUPPORT waived their right to speak: Ernie Cooper, Aristocrat Towing, 6539 East Virginia Beach Boulevard, Phone: 459-010 John Taylor, 5575 Sabre Road, Phone: 461-3339 There being no further speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING May 11,2004 - 26- Item V-H.6. PUBLIC HEARING ITEM # 52554 Mayor Oberndorf DECLARED A PUBLIC HEARING: RURAL AREA UTILITIES The folloWing registered to speak in SUPPORT: Attorney Steve Romine, represented Siebert Realty, 9992 Waterside Drive, Phone: 441-8921 Attorney R, E. Bourdon, represented Sandbridge Realty and Ocean Rentals owners - Betsy Atkinson and Tom Shell, Phone: 499-8971 Greg Johnson, 353 West Coral Key, Phone; 468-6800, engineer for both projects (Siebert and Sandbridge Realty) There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May 11, 2004 - 27- Item V-Ll. ADD-ON ITEM # 52555 Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADDED to the Agenda: Resolution to DIRECT the City Manager implement the recommendations of the Senior Citizen Real Estate Tax Relief Task Force. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 - 28- Item V-J.1/2 FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 A MOTION was made by Vice Mayor Jones, seconded by Councilman Maddox to ADOPT, AS AMENDED*, Ordinances re FY 2004-2005 Operating Budget and Ordinances re the 2004-2005 Capital Improvement Program (CIP). A MOTION was made by Council Lady McClanan, seconded by Councilman Schmidt to AMEND Ordinances re FY 2004-2005 Operating Budget and Ordinances re the 2004-2005 Capital Improvement Program (CIP) by deleting Project # 9-027 [31" Street Parking Garage}. This MOTION WAS WITHDRAWN. Vice Mayor Jones MOTION was AMENDED. Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED, AS AMENDED', Ordinances re FY 2004-2005 Operating Budget and Ordinances re the 2004-2005 Capital Improvement Program (CIP) (deleted Project # 9-027 [3J" Street Parking Garage) for further consideration, Recess into Closed Session and return to Formal Sessionfor vote) FY 2004-2005 Operating Budget a. APPROPRIA TE for the fiscal year, beginning July 1, 2004 and ending June 30,2005, the sum of$1,399,227,968 $1,401,238,234 for Operations and $585,503,981 $497,392,952 in Interfund Transfers regulating the payment of money out of the City Treasury, as Amended b. ESTABLISH the Tax Levy on real estate for FY 2005 c. ESTABLISH the Tax Levy on personal property and machinery and tools for the calendar year 2005 d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) e. AMEND H 3564 and 3567 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits f. AMEND 935-159 of the City Code re lodging tax by extending the sunset provisions to maintain the tax at its current amount g. REVISE the City's fund balance policy h. AMEND the funding sources for the Agriculture Reserve Program (ARP) by lowering the amount of real estate tax revenue i. AMEND 9 35-67.1 of the City Code to eliminate the imposition of interest on deferred real estate taxes j. AMEND 931-15 of the City Code re provision of automated refuse receptacles May 11,2004 Item V-J.I/2 -29- FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 (Continued) k. AMEND 931-35 of the City Code establishing a Thirty Dol/ar ($30) fee re yard waste containers L AMEND 933-113 of the City Code re encroachments by increasinl! the applicationfee m. AMEND 95-14 of the City Code re the disposition of unclaimed animals by REVISING thefee schedule and REQUIRING spaying or neutering prior to adoption n. AMEND 95-14 of the City Code re disposition of dead animals o. AMEND 9 3, Appendix C, Site Plan Ordinance, re adoption offees for single-family residential site plan review, site plan revisions and other site plan review p. AMEND 9 8.1, Appendix B, Subdivision Regulations re feesfor construction plans, final subdivision plats, plat revisions and subdivisions plat.~ that do not create additional lots q. AMEND 96-152.5 of Chapter 6 of the City Code refeesfor permits for dredging or filling waters, marshlands and lowlands r. AMEND H 1403 and 1603 of the City Zoning Ordinance (CZO) re application fees and a fee for deferral of an application s. AMEND and REORDAIN H 8-31 and 8-32 of Chapter 8 of the City Code re fees for administration, .~topwork orders. reviews of commercial plan.~ and residential water and sewer connections t. AMEND and REORDAIN 930-61 of Chapter 30 of the City Code re fees for erosion and sediment control permits, plan review and inspections and review of easement or dedication plats u. AMEND and REORDAIN if 110 of Chapter 33 of the City Code re permit fees for work on, over, under or affecting streets and the review of easement or dedication plats v. AMEND the Chesapeake Bay Preservation Area ordinance re the fee for administrative and Board variances May 11, 2004 - 30- Item V-J.II2 FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 (Continued) Ordinances re the 2004-2005 Capital Improvement Program (CIP): a. FY 20051FY 2010 Capital Improvement Program (CIP) and APPROPRIATE $;77,]05,866 $180,324,432 (deleted Project 9-027 [3l" Street Parking Garage) for further consideration, go into Closed Session and return to Formal Session for vote) for the FY 2005 Capital Budget subject to funds being provided from various sources set forth therein b. A UTHORIZE the issuance of Genera I Obligation Public Improvement Bonds in the maximum amount of $61,000,000 for various public facilities and general improvements c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $51 0, 000 d. A UTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $9,215,000 Voting: 11-0. Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11, 2004 - 31 - Item V-J.II2 FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 (Continued) "Mayor Oberndorf was in SUPPORT of the Resource Management Plan but expressed concern re Ordinance to AMEND the funding sources for the Agriculture Reserve Program (ARP) by lowering the amount of real estate tax revenue and wished to record her desire not to remove the ~ cent from the ARP to support the program. Mayor Oberndorf expressed concern re CIP Project 9-027 (31ST Street Parking Garage) Vice Mayor Jones was in SUPPORT of the Resource Management Plan, but expressed concern re CIP Project 9-027 (31ST Street Parking Garage) re total increases of $4. 7-MILLION. Council Lady McClanan was in SUPPORT of the Resource Management Plan, but concerned re Operating Budget items k thru v (all encompassing increases in fees)and was not in favor of the change in the recreation funding being diverted and increased fees at the Recreation Centers. Council Lady McClanan expressed concern re CIP Project 9-027 (31sT Street Parking Garage) Councilman Reeve was in SUPPORT of the Resource Management Plan and advised the Agricultural Advisory Commission was in SUPPORT of reducing the funding to the Agricultural Reserve Program by ~ cent. The ~ cent of the ARP could be used to fund open space for future AICUZ acquisition. Councilman Reeve expressed concern re CIP Project 9-027 (31" Street Parking Garage). Councilman Villanueva was in SUPPORT of the Resource Management Plan, but concerned re Operating Budget item k (increase of $5.00 for yard waste container.l) and CIP Project 9-027 (31" Street Parking Garage). Council Lady Wilson ABSTAINED on all items re 31" Street. Council Lady Wilson DISCLOSED her husband is a principal in the accounting firm, Goodman and Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company has provided accounting and tax services related to 31" Street and the Beach Quarters Inn. The City Attorney has advised that she is required to disclose any personal interest as it meets the criteria of a personal interest in the transaction under the Conjlict of Interests Act and is disqualified from participating in this transaction. Councilman Wood was in SUPPORT of the Resource Management Plan, but concerned re Operating Budget Item k (increase of$5.00 for yard waste containers), 0, p, q. r, s, t, u and v (all encompassing increases in fees) May 11, 2004 - 32- Item V-J.l/2 FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 (Continued) * Amendment to certain FY 2004-05 Operating Budget ordinances. The School system will be receiving $15,381,031 in additionalfundingfrom the State, and the VRS cost to the Schools has been reduced by $6-M1LLION. These adjustments to the School Operating Budget will be brought to City Council by the School Board at a later date. Amendment to the real estate tax levy ordinance, the personal property tax levy ordinance, the ordinance pertaining to tax relief for the elderly and disabled, and the FY 2004-05 Operating Budget ordinance as follows: The real estate tax rate is reduced from $1.22 to $1.1964 and the personal property tax rate on manufactured homes is reducedfrom $1.22 to $1.1964 The ordinance pertaining to tax relief for the elderly and disabled is changed as follows: . For the tax relief programs, the net combined financial worth is increased from $134,700 to $147,400 . For the tax freeze program, the maximum total combined income is increasedfrom $41,500 to $45,400 . To qualify for 100% exemption, the limit on total income from all sources is increased from $20,700 to $22,800 . To qualify for 80% exemption, the limit on total income from all sources is increasedfrom $22,400 to $24,800 . To qualify for 60% exemption, the limit on total income from all sources is increased from $23,900 to $26,800 . To qualify for 40% exemption, the limit on total income from all sources is increasedfrom $25,400 to $28,800 . To qualify for 20% exemption, the limit on total income jrom all sources is increased from $28,200 to $30,900 Appropriations to the FY 2004-05 Operating Budget are amended as follows: . Increase jimdingfor tax relief for the elderly and disabled $ 929,949 . Restorefundingfor Consumer Affairs in the Commonwealth $ 347,996 Attorney's Office . Restore fundingfor Sunday hours at Kempsville and Princess Anne Libraries $ 143,053 . Fund additional Stafffor the replacement Oceanfront Library $ 82,838 . Fund additional Stafffor the Development Services Center $ 116,386 . Fund additional staff for Commissioner of Revenue's Office and ADD a document imaging system $ 213,000 May 11,2004 - 33- Item V-J.l/2 FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 (Continued) . Restore fundingfor a position to provide grant management in the Department of Management Services . Restore funding for landscape services for various parks and Municipal Buildings . Restore funding for 3 drop-off recycling centers . Restore funding for Economic Development advertising . Restore fundingfor custodial services and provide custodial services at the new Emergency Communications Center . Reduce funding in the Sandbridge TIF . Reduce funding in the Central Business District South TIF . Reduce funding in the Lynnhaven Mall TIF . Reduce the City's transfer to the School Operating Fund . Providefundingfor the Community Color Project . Increase funding in the General Fund Reserve for Contingencies . Reduce funding due to budget savings . Provide funding for six ladder captains in the Fire Department Revenues to the FY 2004-05 Operating Budget are amended as follows: $ 48,055 $ 156,296 $ 20,000 $ 63,951 $ 259,214 $ 97,025 $ 45,691 $ 39,959 $8,245,949 $ 55,000 $ 21,162 $ 316,951 $ 53,000 . Increase State revenue to the School Operating Fund $8,245,949 . Increase revenue from the Deed Recordation Tax $1,263,000 . Reduce real estate tax revenue from the tax rate reduction $7,316,000 . Reduce revenue to the Sandbridge TIF $ 97,025 . Reduce revenue to the Central Business District South TIF $ 45,691 . Reduce revenue to the Lynnhaven Mall TIF $ 39,959 May 11, 2004 - 34- Item V-J.1/2 FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52556 (Continued) AMEND the FY 2004/FY 2010 Capital Improvement Program ordinance by: Transferring $250,000from CIP#2-073 Buckner RoadExtended to CIP #2-071 Baker Road Extended to expedite design work. Increase appropriations as follows: Funding Source CIP # 3-114 Community Color Project $ 55,000 General Fund Operating Budget C.l.T.l.T> #- 9-827 Jt'T &1 a:t ...%I,'Bllg Cal agz $2.963.5~6 ...n~hJic ...r::aziliEy Rz.zmu: }Jlmd3 Fv~<u~' $],81'8,566 May 11,2004 - 35- Item V-J.3. FY 2004-2005 RESOURCE MANAGEMENT PLAN AND CAPITAL BUDGET ITEM # 52557 Upon motion by Councilman Maddox, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance for CIP # 9-027 (31" Street Parking Garage) re increasing appropriations in the amount of$2,963,566 Funding Source: Public Facility Revenue Bonds Voting: 7-3 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt and James 1. Wood Council Members Voting Nay: Vice Mayor Louis R. Jones, Reba S. McClanan and Ron A. Villanueva Council Members Absent: Rosemary Wilson This item was voted upon after the Recess into Closed Session (7:45 P.M.) and return to Formal Session (8:53 P.M.) May 11,2004 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE 2 FISCAL YEAR BEGINNING JULY 1,2004 AND ENDING JUNE 3 30,2005 IN THE SUM OF $1,401,238,234 FOR OPERATIONS 4 AND $497,392,952 IN INTERFUND TRANSFERS AND 5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY 6 TREASURY, AS AMENDED 7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 8 beginning July 1, 2004, and ending June 30, 2005, and it is necessary to appropriate sufficient funds to cover said 9 budget. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGiNIA BEACH, 11 ViRGINIA: 12 Section 1. That the amounts named aggregating $1,898,631,186 consisting of $497,392,952 in interfund 13 transfers and $1,401,238,234 for operations, are hereby appropriated subject to the conditions hereinafter set 14 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter 15 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscai 16 year beginning Juiy 1, 2004, and ending June 30, 2005, a summary of which is attached to this ordinance as 17 "Attachment A - Appropriations." 18 Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of 19 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of 20 Appropriations attached to this ordinance as "Attachment B - Revenues." 21 Section 3. With the exception of the Schooi Operating Fund, and the Sheriff's Special Revenue Fund, the 22 total of full-time permanent positions shall be the maximum of positions authorized for the various departments of 23 the City during the fiscal year, except for changes or additions authorized by the Councilor as hereinafter 24 provided. The City Manager may from time to time increase or decrease the number of part-time or temporary 25 positions provided the aggregate amount expended for such services shall not exceed the respective 26 appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions 27 within and between the departments as may best meet the needs and interests of the City. 28 Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City 29 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 30 throughout the fiscal year as may be necessary to implement organizational adjustments that have been 31 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments 32 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 33 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 34 report each year to the City Council identifying the status and progress of any such organizational adjustments. 35 Section 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, 36 where appropriate, to any special service district special revenue fund or any tax increment financing funds 37 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to 38 which a special levy is made in the amount of collection for each specially designated fund. 39 Section 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of 40 business for the fiscal year ending on June 30, 2005, unless otherwise provided for, are hereby declared to be 41 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the 42 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 43 appropriation ordinance for the fiscal year beginning July 1, 2005. However, there shall be retained in the 44 General Fund Balance an amount not less than the range of seventy-five (75) to one hundred (100) percent of the 45 budget for city and school debt service payments for that fiscal year, for contingency and emergency situations, 46 not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 2004, 47 except upon subsequent authorization by City Council. 48 Section 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall 49 serve as a basis for developing financial strategies for the water and sanitary sewer system based on the 50 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 51 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for 52 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined 53 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and 54 Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for 55 approximately 25% of the annual capital program for the water and sewer system. 56 Section 8. All balances of appropriations in each fund which support authorized obligations or are 57 encumbered at the ciose of the business for the fiscal year ending on June 30, 2005, are hereby declared to be 58 reappropriated into the fiscal year beginning July 1, 2005, and estimated revenues adjusted accordingly. 59 Section 9. No department or agency for which appropriations are made under the provisions of this 60 Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council 61 first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds 62 appropriated shall apply only to the totals for each Appropri ation Unit included in this ordinance and does not 63 apply to Interfund Transfers. 64 Seelion 10. The City Manager or the Director of Management Services is hereby authorized to approve 65 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 66 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 67 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 68 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as 69 approved by City Council. 70 Section 11. Funds in the amount of $400,000 shall be appropriated from the General Fund Balance for 71 the purpose of making a loan or loans to the City of Virginia Beach Development Authority ("Development 72 Authority"). The City Manager shall be authorized to transfer these funds to the Development Authority for this 73 purpose provided that the aggregate amount of all such transfers does not exceed $400,000. Such transfer(s) 74 shall be based upon a specific request by the Development Authority and upon the Director of Management 75 Services' verification that the funds are necessary for the Deveiopment Authority to maintain an adequate cash 76 flow. Any such transfer(s) shali be made upon terms and conditions to be determined by the City Manager, and 77 shall be repaid by the Development Authority in an expeditious manner through the sale of land. The City 78 Manager shall make a report to City Council identifying the status of Development Authority finances and any 79 transfers made under this section. 80 Section 12. funds in the amount of $2,999,999 are hereby appre~ri:Jted from ths General funs Balance 81 to the Risl{ Management Internal Service fund Balancs. The City Manager is hereby autherized te transfer these 82 funds to the Risk Management Internal Service fund, te snsure that the Risk Management Internal Ser/iGe fund 83 has sufficiont resources te mset anticipates claims, pravideG that such transfers do net Genflict with the provisiens 84 of Section e ef this ordimlRcs. 85 Section 12. The City Manager may transfer up to $1,000,000 from the operating budget to the City's self- 86 insurance health plan fund at the end of the fiscal year to fund shortfalls in the plan should they occur. 87 Section 13. The City Manager or the Director of Management Services is hereby authorized to establish 88 and administer budgeting within Appropriation Units consistent with best management practices, reporting 89 requirements, and the programs and services adopted by the City Council. 90 Section 14. The City Manager or the Director of Management Services is hereby authorized to change 91 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 92 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is 93 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 94 Estimated Revenue. The City Manager must give prior notice to the City Council of any reduction to total 95 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 96 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 97 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 98 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to 99 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which 100 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 101 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the 102 bonded debt of the City Government. 103 Section 15. Allowances made from the appropriations made in this ordinance by any or all of the City 104 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by 105 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed 106 thirty-two and one half cents ($.325) per mile of actual travel for the first 15,000 miles and fifteen ($.15) per mile 107 for additional miles of such use within the fiscal year. 108 Section 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance 109 and according to regulations approved by the City Council. Each account shall show the dates expenses were 110 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. 111 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts 112 are submitted for "lump-sum" amounts. 113 Section 17. Violation of this ordinance may result in disciplinary action by the City Manager against the 114 person or persons responsible for the management of the Appropriation Unit in which the violation occurred. 115 Section 18. This ordinance shall be effective on July 1, 2004. 116 Section 19. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such 117 decision shall not affect the validity of the remaining parts of this ordinance. 118 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 11th day of May, 2004. 119 Requires an affirmative vote by a majority of the mem bers of City Council. City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appro priations FY 2004-05 Budget 002 General Fund Agriculture Audit Services Benefits Administration Board of Equalization Circuit Court City Attorney City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Convention and Visitor Bureau (Major Projects) Director of Finance Economic Development Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources H umao Services Independent Financial Services Juvenile Probation Juvenile and Domestic Relations District Court Library Magistrates Management Services Mass Transit Operations Microcomputer Support Municipal Council Museums Parks and Recreation Planning and Community Development Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Transfer to Other Funds Wetlands Board of Virginia Beach Zoning Board of Appeals 956,316 470,724 269,913 18,333 943,775 3,343,877 550,867 2,284,345 2,673,645 4,794,525 715,528 3,826,362 5,517,698 2,462,956 632,159 5,214,146 1,572,942 4,774,800 1,936,000 5,488,150 2,097,922 34,620,999 261,220 1,209,955 2,879,435 1,580,253 3,859,698 71,508,785 136,680 2,526,638 156,738 16,242,961 165,427 2,956,392 1,663,365 400,000 479,109 708,216 11,921,694 9,568,613 71,641,394 73,256,507 1,551,725 7,057,229 4,993,360 446,645,502 13,925 38,320 Fund 002 Appropriation Totals 818,589,123 108 School Instructional TechnoloQV Fund Instructional Technology 4,887,320 Fund 108 Appropriation Totals 4,887,320 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations FY 2004-05 Budget 109 School VendinCl Operations Fund Education - Athletic 1,720,000 Fund 109 Appropriation Totals 1,720,000 112 School Communication Tower TechnoloClY Fund Instructional Technology 1,250,000 Fund 112 Appropriation Totals 1,250,000 114 School Cafeteria Fund Education. Cafeteria 22,754,582 Fund 114 Appropriation Totals 22,754,582 115 School QperatinCl Fund Administration, Attendance, and Health Instruction Operations and Maintenance Pupil Transportation 19,614,342 455,762,748 72,777.955 23,633,686 Fund 115 Appropriation Totals 571,788,731 116 School Grants Fund Education. Grants 49,117,027 Fund 116 Appropriation Totals 49,117 ,027 117 School Textbook Fund Education - Textbook 6,995,974 Fund 117 Appropriation Totals 6,995,974 119 School Athletic Special Revenue Fund Education - Athletic 4,034,925 Fund 119 Appropriation Totals 4,034,925 120 Federal Police Department Grant Fund Police (Uniform Patrol Grant) Reserve for Contingencies 1,566,770 193,275 Fund 120 Appropriation Totals 1,760,045 130 Law Librarv Fund Library (Law Library) Reserve for Contingencies Transfer to Other Funds 337,946 4,500 60,000 Fund 130 Appropriation Totals 402,446 131 Pendleton Child Service Center Fund Human Services Fund 131 Appropriation Totals 1,490,211 1,490,211 134 E-911 Communications Special Revenue Fund Communications and Information Technology Reserve for Contingencies Transfer to Other Funds Fund 134 Appropriation Totals 9,646,466 147,251 1,306,837 11,100,554 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney Fund 142 Appropriation Totals 172,209 172,209 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations FY 2004-05 Budget 143 Access Channel Support Special Revenue Fund Communications and Information Technology 26,985 Fund 143 Appropriation Totals 26,985 146 Police Extraditions Special Revenue Fund Police (Airplane Enterprise) Police (Extraditions) 561,714 199,914 Fund 146 Appropriation Totals 761,628 147 Federal Section 8 Proaram Special Revenue Fund Housing and Neighborhood Preservation (Section 8 Housing) Housing and Neighborhood Preservation (Section 8) Reserve for Contingencies 398,085 12,599,280 14,000 Fund 147 Appropriation Totals 13,011,365 148 Comprehensive Services Act Special Revenue Fund Human Services Transfer to Other Funds 7,322,664 1,190,346 Fund 148 Appropriation Totals 8,513,010 149 Sheriffs Department Special Revenue Fund Sheriff and Corrections 27,203,889 Fund 149 Appropriation Totals 27,203,889 150 Inmate Services Special Revenue Fund Sheriff and Corrections (Inmate Services) Transfer to Other Funds 451,166 274,551 Fund 150 Appropriation Totals 725,717 151 Parks and Recreation Special Revenue Fund Parks and Recreation Public Works Reserve for Contingencies Transfer to Other Funds 21,550,919 2,323.282 219,833 69,540 Fund 151 Appropriation Totals 24,163,554 152 Tourism Growth Investment Fund Convention and Visitor Bureau (TGIF) Museums Parks and Recreation (TGIF) Planning and Community Development (TGIF) Public Works (TGIF) Transfer to Other Funds 2,303,644 50,500 27,454 301,962 681,964 11,219,784 Fund 152 Appropriation Totals 14.585,308 156 Police Services Special Revenue Fund Police 20,000 Fund 156 Appropriation Totals 20,000 157 Sandbridae Special Service District Special Revenue Fund Reserve for Future Commitments Fund 157 Appropriation Totals 2,053,443 2,053,443 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A . Appropriations 158 EMS State Four-for-Life Special Revenue Fund Emergency Medical Services 159 Fire Proarams Special Revenue Fund Fire (Fire Programs) Transfer to Other Funds 161 Aariculture Reserve Proaram Special Reven ue Fund Agriculture (Agricultural Reserve Program) Reserve for Future Commitments Transfer to Other Funds 163 Tourism Advertisina Proaram Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) Reserve for Contingencies 165 Lvnnhaven Mall Tax Increment Financina Fund Reserve for Contingencies Tax Increment Financing 166 Sandbridae Tax Increment Financina Fund Reserve for Future Commitments 167 Arts and Humanities Commission Special Revenue Fund Arts and Humanities Commission 169 Central Business District - South TIF (Town Center) Fund Reserve for Future Commitments Transfer to Other Funds 170 Marine Science Museum Special Revenue Fund Museums (Virginia Marine Science Museum) Reserve for Contingencies 171 Sportsplex Special Revenue Fund Parks and Recreation Reserve for Contingencies 172 Open Space Special Revenue Fund Parks and Recreation (Open Space) Public Works (Open Space) Reserve for Contingencies Reserve for Future Commitments Transfer to Other Funds Fund 158 Appropriation Totals Fund 159 Appropriation Totals Fund 161 Appropriation Totals Fund 163 Appropriation Totals Fund 165 Appropriation Totals Fund 166 Appropriation Totals Fund 167 Appropriation Totals Fund 169 Appropriation Totals Fund 170 Appropriation Totals Fund 171 Appropriation Totals Fund 172 Appropriation Totals FY 2004-05 Budget 470,000 470,000 367,604 200,000 567,604 186,202 58,989 2,841,445 3,086,636 7,870,294 11,223 7,881,517 110,041 1,800,000 1,910,041 4,860,555 4,860,555 428,300 428,300 29,888 2,154,120 2,184,008 6,289,664 69,513 6,359,177 425,728 2,034 427,762 61,902 52,000 1,613 2,146,708 785,075 3,047,298 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations 173 Maior Proiects Special Revenue Fund Public Works (Major Projects) Reserve for Contingencies Transfer to Other Funds Fund 173 Appropriation Totals 174 Town Center Special Tax District Reserve for Contingencies Town Center Special Tax District Fund 174 Appropriation Totals 175 Golf Course Special Revenue Fund Parks and Recreation (Golf Courses) Reserve for Contingencies Transfer to Other Funds Fund 175 Appropriation Totals 176 Transition Area Special Revenue Fund Reserve for Future Commitments Fund 176 Appropriation Totals 180 Community Development Special Revenue Fund Community Development Block Grants Housing and Neighborhood Preservation Reserve for Contingencies Fund 180 Appropriation Totals 181 CD Loan and Grant Fund Community Development Block Loan and Grants fund 181 Appropriation Totals 182 Federal Housina Assistance Grant Fund Federal HOME Grants Fund 182 Appropriation Totals 183 Grants Consolidated Fund Commonwealth's Attorney ~ Grants Community Corrections Housing and Neighborhood Grants Police (Uniform Patrol Grant) Reserve for Contingencies Sheriff. Grants Social Services Grants Fund 183 Appropriation Totals 185 Mental Health Grants Fund Human Services Human Services (Substance Abuse Grants) Fund 185 Appropriation Totals 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds Fund 241 Appropriation Totals FY 2004-05 Budget 310,350 1,608 14,436,967 14,748,925 93,400 231,496 324,896 2,227,638 131,042 200,000 2,558,680 32,305 32,305 1,625,431 1,359,981 42,215 3,027,627 508,344 508,344 1,740,342 1,740,342 276,242 579,912 1,135,030 53,060 103,668 233,044 970,988 3,351,944 215,862 357,177 573,039 11,467,589 62.459,979 1,116,146 7,846,286 82,890,000 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations FY 2004-05 Budget 253 Parkinq Enterprise Fund Convention and Visitor Bureau (Parking) Reserve for Contingencies Transfer to Other Funds 1,979,244 180,134 606,317 Fund 253 Appropriation Totals 2,765,695 255 Storm Water Utilitv Enterprise Fund Debt Service Public Works (Storm Water Operations) Reserve for Contingencies Transfer to Other Funds 934,556 9,317,303 241,565 7,556,182 Fund 255 Appropriation Totals 18,049,606 302 General Debt Fund Debt Service 102,946,104 Fund 302 Appropriation Totals 102,946,104 460 School General Revenue Capital Proiects Fund School Capital Projects 6,916,775 Fund 460 Appropriation Totals 6,916,775 491 Water and Sewer Qperatinq Revenue Capital Proiects Fund Water and Sewer Capital Projects Fund 491 Appropriation Totals 3,500,000 3,500,000 492 Enqineerinq & Hiahwavs General Revenue Capital Proiects Fund Coastal Capital Projects Economic and Tourism Development Capital Projects Roadways Capital Projects Fund 492 Appropriation Totals 2,406,680 5,041,354 11,638,256 19,086,290 496 Parks and Recreation General Revenue Capital Proiects Fund Parks and Recreation Capital Projects Fund 496 Appropriation Totals 3,868,145 3,868,145 497 Buildinas General Revenue Capital Proiects Fund Building Capital Projects Fund 497 Appropriation Totals 7,513,000 7,513,000 498 Storm Water Capital Proiect Fund Storm Water Capital Projects Fund 498 Appropriation Totals 5,786,525 5,786,525 908 City Beautification Fund Parks and Recreation Fund 908 Appropriation Totals 10,000 10,000 909 Library Gift Fund library Gift Fund 909 Appropriation Totals 17,000 17 ,000 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) Fund 911 Appropriation Totals 30,000 30,000 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A . Appropriations FY 2004-05 Budget 950 Circuit Court Clerk TechnoloQV Fund Circuit Court Total Budget Appropriations Less Interfund Transfers NET BUDGET APPROPRIATIONS 35,000 Fund 950 Appropriation Totals 35,000 1.898,631,186 497,392.952 1 ,401 ,238,234 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues FY 2004-05 Budget 002 General Fund Revenue from Local Sources General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 480,411,005 213,537,864 4,860,995 5,159,540 3,904,623 6,004,833 1,208,190 72,970,926 22,193,207 7,939,240 398,700 Fund 002 Revenue Totals 818,589,123 108 School Instructional TechnoloQV Fund Revenue from Local Sources Miscellaneous Revenue Specific Fund Reserves 500,000 4,387,320 Fund 108 Revenue Totals 4,887,320 109 School Vendina Operations Fund Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves 10,000 760,000 950,000 Fund 109 Revenue Totals 1,720,000 112 School Communication Tower Technoloav Fund Revenue from Local Sources From the Use of Money and Property Specific Fund Reserves 200,000 1,050,000 Fund 112 Revenue Totals 1,250,000 114 School Cafeteria Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves 12,096,506 155,000 340,000 9,626,106 536,970 Fund 114 Revenue Totals 22,754,582 115 School Operatina Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth State Shared Sales Tax Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 465,000 1,761,594 472,000 57,223,838 230,395,644 14,371,131 267,099,524 Fund 115 Revenue Totals 571,788,731 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues FY 2004-05 Budget 116 School Grants Fund Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 12,252,330 36,864,697 Fund 116 Revenue Totals 49,117,027 117 School Textbook Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 100,000 6,000 1,604,077 3,130,369 2,155,528 Fund 117 Revenue Totals 6.995,974 119 School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Specific Fund Reserves 40,000 380,000 2,842,619 772,306 Fund 119 Revenue Totals 4,034,925 120 Federal Police Department Grant Fund Revenue from the Federal Government Transfers from Other Funds 963,349 796,696 Fund 120 Revenue Totals 1,760,045 130 Law Library Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds 4,250 220,000 178,196 Fund 130 Revenue Totals 402,446 131 Pendleton Child Service Center Fund Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 9,500 226,473 337,818 54,578 861,842 Fund 131 Revenue Totals 1,490,211 134 E-911 Communications Special Revenue Fund Revenue from Local Sources Other Local Taxes From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Specific Fund Reserves 7,372,800 44,775 10,655 1,759,530 1,430,426 482,368 Fund 134 Revenue Totals 11,100,554 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues FY 2004-05 Budget 142 DEA Seized Property Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 112,209 60,000 Fund 142 Revenue Totals 172,209 143 Access Channel Support Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue 26,985 Fund 143 Revenue Totals 26,985 146 Police Extraditions Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 761,628 Fund 146 Revenue Totals 761,628 147 Federal Section 8 Proaram Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds 12,997,365 14,000 Fund 147 Revenue Totals 13,011,365 148 Comprehensive Services Act Special Revenue Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 2.500 762,484 4,966,158 2,781,868 Fund 148 Revenue Totals 8,513,010 149 Sheriff's Department Special Revenue Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 1,594,828 35,040 15,521,682 321,200 9,130,108 601,031 Fund 149 Revenue Totals 27,203,889 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services 15,000 710,717 Fund 150 Revenue Totals 725,717 151 Parks and Recreation Special Revenue Fund Revenue from local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 749,969 10,134,582 86,200 2,500 13,190,303 Fund 151 Revenue Totals 24,163,554 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses from the Use of Money and Property Transfers from Other Funds 156 Police Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 157 SandbridQe Special Service District Special Revenue Fund Revenue from local Sources General Property Taxes Other Local Taxes From the Use of Money and Property Transfers from Other Funds 158 EMS State Four-for.Life Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Specific fund Reserves 159 Fire ProQrams Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 161 AQriculture Reserve ProQram Special Revenue Fund Transfers from Other Funds 163 Tourism AdvertisinQ ProQram Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfers from Other Funds Specific Fund Reserves 165 Lvnnhaven Mall Tax Increment FinancinQ Fund Revenue from Local Sources General Property Taxes 166 SandbridQe Tax Increment FinancinQ Fund Revenue from Local Sources Genera\ Property Taxes From the Use of Money and Property Fund 152 Revenue Totals Fund 156 Revenue Totals Fund 157 Revenue Totals Fund 158 Revenue Totals Fund 159 Revenue Totals Fund 161 Revenue Totals Fund 163 Revenue Totals Fund 165 Revenue Totals Fund 166 Revenue Totals FY 2004-05 Budget 68,000 332,274 14,185,034 14,585,308 20,000 20,000 713,053 392,632 128,327 819,431 2,053,443 370,000 100,000 470,000 567,604 567,604 3,086,636 3,086,636 22,842 700 40,000 7,754,433 63,542 7,881,517 1,910,041 1,910,041 4,637,819 222,736 4,860,555 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues 167 Arts and Humanities Commission Special Revenue Fund Transfers from Other Funds 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources General Property Taxes 170 Marine Science Museum Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfers from Other Funds Specific Fund Reserves 171 Sportsplex Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds Specific Fund Reserves 172 Open Space Special Revenue Fund Transfers from Other Funds 173 Maior Proiects Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves 174 Town Center Special Tax District Revenue from Local Sources General Property Taxes 175 Golf Course Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services 176 Transition Area Special Revenue Fund Transfers from Other Funds 180 Community Development Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds Fund 167 Revenue Totals Fund 169 Revenue Totals Fund 170 Revenue Totals Fund 171 Revenue Totals Fund 172 Revenue Totals Fund 173 Revenue Totals Fund 174 Revenue Totals Fund 175 Revenue Totals Fund 176 Revenue Totals Fund 180 Revenue Totals FY 2004-05 Budget 428,300 428,300 2,184,008 2,184,008 25,000 5,609,520 308.636 396,736 19,285 6,359,177 90,000 15,000 254,628 68,134 427,762 3,047,298 3,047,298 363,257 13,791,650 594,018 14,748,925 324,896 324,896 251,680 2,307,000 2,558,680 32,305 32,305 2,703,656 323,971 3,027,627 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues 181 CD Loan and Grant Fund Revenue from the Federal Government Non-Revenue Receipts Fund 181 Revenue Totals 182 Federal HousinCl Assistance Grant Fund Revenue from the Federal Government Non~Revenue Receipts Fund 182 Revenue Totals 183 Grants Consolidated Fund Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Non~Revenue Receipts Transfers from Other Funds Fund 183 Revenue Totals 185 Mental Health Grants Fund Revenue from Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Fund 185 Revenue Totals 241 Water and Sewer Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Non-Revenue Receipts Transfers from Other Funds Specific Fund Reserves Fund 241 Revenue Totals 253 ParkinCl Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Transfers from Other Funds Fund 253 Revenue Totals 255 Storm Water Utilitv Enterprise Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Specific Fund Reserves Fund 255 Revenue Totals FY 2004-05 Budget 308,344 200,000 508,344 1,715,342 25,000 1,740,342 1,174,742 1,990,238 19,000 167,964 3,351,944 3.000 174,542 380,309 15,188 573,039 1,679,217 76,314,708 172,581 4,395,564 227,930 100,000 82,890,000 30,000 487,630 17 ,433 1,971,829 258,803 2,765,695 120,130 12,871,612 4,944,261 63,603 50,000 18,049,606 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues FY 2004-05 Budget 302 General Debt Fund Transfers from Other Funds Specific Fund Reserves 102,446,104 500,000 Fund 302 Revenue Totals 102,946,104 460 School General Revenue Capital Proiects Fu nd Transfers from Other Funds 6,916,775 Fund 460 Revenue Totals 6,916,775 491 Water and Sewer Operatina Revenue Capital Proiects Fund Transfers from Other Funds Fund 491 Revenue Totals 3,500,000 3,500,000 492 Enaineerina & Hiahways General Revenue Capital Proiects Fund Transfers from Other Funds 19,086,290 19,086,290 Fund 492 Revenue Totals 496 Parks and Recreation General Revenue Capital Proiects Fund Transfers from Other Funds Fund 496 Revenue Totals 3,868,145 3,868,145 497 Buildinas General Revenue Capital Proiects Fund Transfers from Other Funds 7,513,000 Fund 497 Revenue Totals 7,513,000 498 Storm Water Capital Proiect Fund Transfers from Other Funds 5,786,525 Fund 498 Revenue Totals 5,786,525 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 10,000 Fund 908 Revenue Totals 10,000 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue Specific Fund Reserves 5,000 12,000 Fund 909 Revenue Totals 17,000 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue 30,000 Fund 911 Revenue Totals 30,000 950 Circuit Court Clerk Technoloay Fund Revenue from Local Sources Charges for Services 35,000 Fund 950 Revenue Totals 35,000 1,898,631,186 497,392,952 1,401,238,234 Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES 1 2 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2005 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 Sec. 1. Amount of Levy on Real Estate. 5 There shall be levied and collected for fiscal year 2005 taxes for general purposes on all real estate, 6 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 7 not otherwise provided for in this ordinance, at the rate of one dollar t>..:enty t....'o nineteen and sixtv-four one- 8 hundredths cents ($1.22) ($1.1964) on each one hundred dollars ($100) of assessed valuation thereof. The real 9 property tax rate that has been prescribed in this section shall be applied on the basis of one hundred percentum 10 of the fair market value of such real property, except for public service real property, which shall be on the basis 11 as provided in Section 58.1-2604 of the Code of Virginia. 12 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real 13 Estate, "Certified Storm Water Management Developments and Property," "Certified Solar 14 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and 15 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain 16 Wetlands and Riparian Buffers. 17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 18 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2005, taxes on all 19 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," 20 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments 21 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy 22 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of 23 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by 24 Code of Virginia !l 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia !l 25 58.1-3666, not exempt from taxation, at a rate of one dollar t'Nonty two nineteen and sixtv-four one-hundredths 26 cents ($1.22) ($1.1964) on each one hundred dollars of assessed valuation thereof. The reai property tax rates 27 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 28 property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the 29 Code of Virginia. 30 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 31 There shall be levied and collected for fiscal year 2005, taxes for the special purpose of providing beach and . 32 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 33 District, not exempt from taxation, at the rate of twelve cents ($.12) on each one hundred dollars ($100) of 34 assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 35 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis on one hundred 36 percentum of the fair market value of such real property excep1 public service real property, which shall be on the 37 basis as provided in Section 58.1-2604 of the Code of Virginia. 38 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 39 For the special purpose of operating and maintaining the parking garage and providing enhanced 40 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well 41 as other additional services authorized by Virginia Code 9 15.2-2403, there shall be levied and collected for fiscal 42 year 2005, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at 43 the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate 44 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate 45 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 46 property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the 47 Code of Virginia. 48 Sec. 5, Severability. 49 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 50 shall not affect the validity of the remaining portions of this ordinance. 51 Sec. 6. Effective date. 52 The effective date of this ordinance shall be July 1,2004. Adopted by the City Councii of the City of Virginia Beach, Virginia on this 11'h day of May, 2004. 53 54 Requires an affirmative vote by a majority of the members of City Council. 1 2 3 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 2005 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 Sec. 1. Amount of Levy on Tangible Personal Property. 6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 7 general purposes for the calendar year 2005 on all ta ngible personal property, including all separate 8 classifications of personal property set forth in the Code of Virginia. not exempt from taxation and not otherwise 9 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars 10 ($100) assessed valuation thereof. 11 Specific categories of personal property taxed at this rate include, but are not limited to, the following: 12 a. aircraft and flight simulators as described in Code of Virginia 9 58.1-3506 (A) (2) and (3) ; 13 b. antique motor vehicles as described in Code of Virginia 958.1-3506 (A) (4) ; 14 c. heavy construction equipment as described in Code of Virginia 9 58.1-3506 (A) (6) ; 15 d. computer equipment as described in Code of Virginia S 58.1-3506 (A) (9) ; and 16 e. tangible personal property as described in (a) Code of Virginia 9 58.1-3660 as "certified pollution 17 control equipment and facilities" or (b) Code of Virginia 9 58.1-3661 as "certified solar equipment, facilities or 18 devices and certified recycling equipment, facilities or devices." 19 Sec. 2. Amount of Levy on Manufactured Homes. 20 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and collected 21 for general purposes for the calendar year 2005 taxes on all vehicles without motive power, used or designated to 22 be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate of one dollar 23 twenty two nineteen and sixtv-four one-hundredths cents ($1.22) ($1.1964) on each one hundred dollars ($100) of 24 assessed valuation thereof. 25 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More. 26 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and collected 27 for general purposes for the calendar year 2005 taxes on all boats or watercraft weighing five (5) tons or more, 28 except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one 29 hundred dollars ($100) of assessed valuation thereof. 30 Sec. 4. Amount of Levy on Machinery and Tools. 31 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for 32 general purposes for the calendar year 2005 taxes on machi nery and tools, including machinery and tools used 33 directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate 34 of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of 35 Virginia 9 58.1-3506 (8) , the following personal property shall also be taxed at the rate of machinery and tools: 36 a. all tangible personal property used in research and development businesses, as described in 37 Code of Virginia 9 58.1-3506 (A) (5); 38 b. generating or cogenerating equipment, as described in Code of Virginia 9 58.1-3506 (A) (7) ; and 39 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 40 used to transport property for hire by a motor carrier engaged in interstate commerce, as 41 described in Code of Virginia 9 58.1-3506 (A) (7) . 42 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational 43 Purposes Only. 44 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia, there shall 45 be levied and collected for general purposes for the calendar year 2005 taxes on all privately owned pleasure 46 boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 47 each one hundred dollars ($100) of assessed valuation thereof. 48 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and 49 Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 50 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall be levied 51 and collected for general purposes for the calendar year 2005 at the rate of one dollar and fifty cents ($1.50) on 52 each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all privately owned 53 camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately owned 54 travel trailers as defined in Code of Virginia 9 46.2-1900, that are used for recreational purposes only; and (b) 55 privately owned trailers as defined in 9 46.2-100 of the Code of Virginia that are designed and used for the 56 transportation of horses, except those trailers described in subdivision (A) (11) of 9 58.1-3505 of the Code of 57 Virginia. 58 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 59 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced tax, levied 60 and collected for general purposes for the calendar year 2005 at the rate of one dollar and fifty cents ($1.50) on 61 each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly used by a 62 veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or who is 63 permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 64 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed 65 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to 66 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 67 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 68 (A) (17), and that his or her disability is service connected. 69 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty- 70 Five Years of Age or Anyone Found to be Permanently and Totally Disabled. 71 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced 72 tax, levied and collected for general purposes for calendar year 2005, at the rate of three dollars ($3.00) on each 73 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used 74 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, 75 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 76 1. The total combined income received, excluding the first $7,500 of income, from all sources 77 during calendar year 2004 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 78 ($22,000). 79 2. The owner's net financial worth, including the present value of all equitable interests, as of 80 December 31 of calendar year 2004, excluding the value of the principal residence and the land, not exceeding 81 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 82 3. All income and net worth limitations shall be computed by aggregating the income and 83 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any 84 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, 85 irrespective of how such motor vehicle may be titled. 86 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or 87 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have 88 been satisfied. 89 Sec. 9. Assessed Value Determination. 90 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 91 sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for 92 the City of Virginia Beach. 93 Sec. 10. Severability. 94 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 95 shall not affect the validity of the remaining portions of this ord inance. 96 Sec. 11. Effective Date. 97 This ordinance shall be effective January 1, 2005. 98 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 99 Requires an affirmative vote by a majority of the members of City Council. 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN 3 TO THE U.S. DEPARTMENT OF HOUSING AND 4 URBAN DEVELOPMENT 5 WHEREAS, the United States Congress has established legislation designated as the Housing and 6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 7 goal; 8 WHEREAS, there is federal assistance available for ttle support of Community Development and Housing 9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate 10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the 11 City's housing stock and community services, along with other related activities; and 12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia 13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 14 Development and has created the necessary mechanisms for its implementation in compliance with federal and 15 local directives. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 17 VIRGINIA: 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 19 City, to submit the City's FY 2005 Annual Funding Plan (the "Plan") and amendments thereto, along with 20 understandings and assurances contained therein and such additional information as may be required, to the 21 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE 3 TAXES FOR ELDERLY OR DISABLED PERSONS BY 4 INCREASING INCOME AND NET WORTH LIMITS 5 SECTIONS AMENDED: 99 35-64 AN D 35-67 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 8 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, elc, 9 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division 10 shall be granted to persons subject to the following provisions: 11 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially 12 held, on June thirtieth immediately preceding the taxable year, by the person or persons 13 claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or 14 persons. 15 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 16 either spouse in a dwelling jointly held by a husband and wife is either permanently and 17 totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year 18 immediately preceding the taxable year; provided, however, that a dwelling jointly held by a 19 husband and wife may qualify if either spouse is over sixty-five (65) years of age. 20 (3) For the tax exemption programs, the total combined income received from all sources during 21 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 22 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not 23 exceed t'.venty seven thirtv thousand ~ nine hundred dollars ($27,900.00) ($30.900.00) 24 provided that the first eight thousand five hundred dollars ($8,500.00) of income of each 25 relative, other than a spouse of the owner, who is living in the dwelling, shall not be included 26 in such total: and provided further that the first seven thousand five hundred dollars 27 ($7,500.00) or any portion thereof of income received by a permanently and totally disabled 28 owner shall not be included in such total. 29 (4) For the tax freeze program. the total combined income received from all sources during the 30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (5) (6) principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed forty five thousand ~ four hundred dollars ($40,60Q.00) ($45.400.00); provided that the first eight thousand five hundred dollars ($8,500.00) of income of each relative, other than a spouse of the owner, who is living in th e dwelling, shall not be included in such total; and provided that the first seven thousand five hundred doilars ($7,500.00) or any portion thereof of income received by a permanently and totally disabied owner shall not be included in such total. For the tax exemption programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred thirty ono fortv-seven thousand Affie four hundred dollars ($131,900.00) ($147.400.00). For the tax freeze program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred thirty ene fortv- ~ thousand Affie four hundred dollars ($131 ,900.00) ($147.400.00). For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principai residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed fifty-two thousand dollars ($52,000.00) provided that the first eight thousand five hundred dollars ($8,500.00) of income each relative, other than a spouse of the owner, who is living in the dweliing, shaii not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not (7) (8) 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 exceeding one acre) upon which it is situated, shall not exceed one hundred ninety-five thousand dollars ($195,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources $0.00 20,aOO.00 20,aOO.01 21,900.00 21,900.01 2d,100.00 2a,100.01 21,900.00 21,900.01 27,€i00.00 $0.00 - 22,800.00 $22,800.01 - 24,800.00 $24,800.01 - 26.800.00 $26,800.01 - 28,800.00 $28,800.01 - 30,900.00 Tax Exemption 100% 80% 60% 40% 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1,2004. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 111h day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS TO 3 MAINTAIN THE TAX AT ITS CURRENT AMOUNT 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 35-159 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec. 35-159. Levied; Amount 8 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total 9 amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one dollar 10 ($1.00) for each night of lodging at any lodging place other than a campground. The percentage-based 11 portion of the tax rate shall be reduced by one-half (0.5) percent on July 1, :!004 2008, and further 12 reduced by an additional two and one-half (2.5) percent on June 30, 2027. The flat tax shall remain in 13 effect through June 30, :!004 2008. 14 (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service District 15 (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to two and one-half (2.5) 16 percent of the total amount paid for lodging within the district, by or for any such transient to any lodging 17 place, excluding hotels, motels and travel campgrounds. 18 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 1 AN ORDINANCE TO REVISE THE CITY'S FUND BALANCE POLICY 2 WHEREAS, in FY 1986-87, City Council adopted the current Fund Balance Policy, which provides for the 3 retention in the General Fund of an undesignated amount not less than the range of seventy-five (75) to one 4 hundred (100) percent of the lludget for city and school delll service payments for the following fiscal year, with 5 such funds reserved for contingencies and emergency situations; 6 WHEREAS, a recent survey of various municipalities in Virginia and throughout the nation demonstrates 7 that the more common practice is to retain a fund llalance that is llased upon a percentage of either revenues or 8 expenditures; and 9 WHEREAS, the standards of national financial organizations and ratings agencies such as the 10 Government Finance Officers Association, the International City/County Managers Association, and Standard and 11 Poor's recommend estalllishing the levei of fund llalance as a percentage of operating revenues or expenditures. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 1. That the Fund Balance Policy is herelly revised and estalllished as follows: 15 (a) the City shall maintain a General Fund undesignated fund llalance of 8% to 12% of the following 16 year's lludgeted revenues; 17 (ll) in the case of a municipal emergency, an appropriation of the General Fund undesignated fund 18 llalance may lle made that results in the General Fund undesignated fund llalance falling lleiow 19 the minimum 8%; however, at such time the City Manager, or his designee, shall sullmit a written 20 plan to the Council for restoring the fund llalance to the required level as soon as possillle; and 21 (c) excess fund llalance may lle appropriated to (i) increase funding in the Capital Improvement 22 Program for the renewal, replacement, expansion, and addition of pulllic facilities, (il) replace dellt 23 financing, or (iii) fund one-time purchases. 24 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004. 25 Adopted lly the Council of the City of Virginia Beach, Virginia on the 11'h day of May 2004. 1 AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR 2 THE AGRICULTURE RESERVE PROGRAM BY LOWERING 3 THE AMOUNT OF REAL ESTATE TAX REVENUE 4 WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance, 5 establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the 6 City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the 7 Agricultural Reserve Program; and 8 WHEREAS, a financial analysis indicates that the dedicated amount of real estate tax can be lowered 9 from one and one-half cents to one cent, and this revenue stream will be sufficient to meet current and projected 10 obngations of the program. 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 That, subject to appropriation, the following revenue sources will be used to pay the costs of the 14 Agricultural Reserve Program: 15 1. One cent of the Real Estate Tax; 16 2. Such other General Fund Revenues as may be committed by City Council in support of the 17 Agricultural Reserve Program; and 18 3. Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special 19 Revenue Fund. 20 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 11th day of May, 2004. 1 AN ORDINANCE AMENDING THE CITY CODE TO ELIMINATE THE 2 IMPOSITION OF INTEREST ON DEFERRED REAL ESTATE TAXES 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 That section 35-67.1 of the Code of the City of Virginia Beach, Virginia is hereby amended and 5 reordained to read as follows: 6 Sec. 35-67.1 Amount of deferral; payment of accumulated deferred taxes. 7 (a) The person or persons qualifying for and claiming deferral shall be allowed to defer payment of 8 one hundred (100) percent of all real estate taxes assessed by the city against his/their real estate until payment 9 becomes due as provided by subsection (b) herein below. 10 (b) The accumulated amount of taxes deferred shall be paid, plus eight (B) perGent interest per 11 annum on the 8FAQUnt se deferred witheut penalty, to the treasurer of the city or to the clerk of the circuit court, as 12 the case may be, by the vendor upon the sale of the dwelling, or from the estate of decedent within one year from 13 the death of the last owner thereof who qualifies for tax deferral by the provisions of this division. Such deferred 14 real estate taxes shall constitute a lien upon the real estate as if they had been assessed without regard to the 15 deferral permitted by this division; provided, however, that such liens shall, to the extent that they exceed the 16 aggregate ten (10) percent of the price for which such real estate is sold, be inferior to all other liens of record. 17 (c) No later than the first day of August of the third anniversary of the original due date had such 18 taxes not been deferred as provided herein, the treasurer shall certify to the clerk of the circuit court a list of all 19 real estate against which deferred taxes are still outstanding, and the clerk shall cause such deferred taxes to be 20 recorded as a lien against the respective real estate as liens are customarily recorded and to be marked as 21 deferred. 22 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1,2004. 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 PROVISION OF AUTOMATED REFUSE RECEPTACLES 3 SECTION AMENDED: 931-15 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 31-15 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec. 31-15. Provision of automated refuse receptacles. 8 (a) It shall be the responsibility of owners of residential structures located in areas of the city serviced by 9 the automated collection system to provide automated refuse receptacles. 10 (b) Within thirty (30) days of the date of occupancy of a new structure located in any such area, the 11 owner or occupant thereof shall provide an automated refuse receptacle. 12 (c) '.'Vhonever an a~IGFAatee ref~se recofllacle is fl~rchased from the city lhe flrioe of the recefltacle shall 13 !Je !Jasee on the tetal cost of the reoeptacle to lhe city. The city shall make automated refuse 14 receptacles available for sale to homeowners who are residents of the city. The fee for each 15 receptacle shall be seventY-five dollars ($75.00). which shall be paid to the city before the receptacle 16 is provided. 17 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004. 18 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 YARD WASTE CONTAINERS BY ESTABLISHING A THIRTY DOLLAR 3 FEE 4 SECTION AMENDED: !l 31-35 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That section 31-35 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 7 to read as follows: 8 See, 31-35. Use of yard waste containers. 9 The city shall make available to those homeowners who are residents of the city a yard waste container~ 10 which shall be picked up and delivered by city employees. There shall be a fee of twenty five thirtv dollars 11 ($28.00) ($30.00), which shall be paid to the city before the container is delivered, for the use of a yard waste 12 container for a 24-hour period. The city employees shall deliver and place the yard waste container on the 13 property of the homeowner of an occupied dwelling who has requested the yard waste container. Deliveries made 14 on Fridays shall be picked up on Monday. Prior to delivery of the yard waste container, the homeowner shall sign 15 a statement which shall state: 16 (1) That he is not a contractor and that his need arises from his homeownership; 17 (2) That the yard waste container shall only be used for tree limbs, leaves, shrubbery, grass trimmings 18 and yard debris; 19 (3) That he will not place hazardous waste, stumps, building and construction materials or other bulky 20 items within the yard waste container; 21 (4) That he will not fill the load above the top of the container; and 22 (5) That he will release the city from liability for any damages resulting from city equipment or personnel 23 being on private property to deliver or remove the yard waste container. 24 (6) That he will be responsible for any injuries and/or damages that result to individuals using the 25 container or directly to the container while being used by the homeowner. 26 (7) That he will reimburse the city for any costs associated with the handling and disposal of any material 27 or items placed in the yard waste container in violation of any of the provisions of this section. 28 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2004. 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 ENCROACHMENTS BY INCREASING THE APPLICATION FEE 3 SECTION AMENDED: 9 33-113 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 33-113 of the Code ofthe City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec. 33-113. Application; processing fee. 8 Applications for encroachments into public streets and other public ways, places or property shall be 9 made to the department of public works. A fee of one h~Rdred two hundred fifty dollars ($15(l.(l(l) ($250.00) shall 10 be paid to the city for the processing of an application for an encroachment into any public street or other public 11 way, place or property. The director of public works or his authorized representative shall not accept any 12 application unless such fee be paid at the time the application is filed. The department of public works is hereby 13 authorized and directed to prepare and adopt a procedure for the processing of such applications and the 14 reporting to city council of any detrimental effect which a requested encroachment may have on the public health, 15 safety, welfare or interest. 16 City council may deny or grant permission to encroach subject to such terms and conditions as city 17 council may, in its discretion, deem proper. Notwithstanding any other provision of law, city council shall deny any 18 encroachment request it determines, in its discretion, to be detrimental to the public health, safety, welfare or 19 interest. 20 Permission by city council granted hereunder to any person to construct and maintain an encroachment 21 into any public street or other public way, place or property shall not relieve such person or encroachment of 22 complying with all other applicable laws, regulations and requirements. 23 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004. 24 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE DISPOSITION OF UNCLAIMED ANIMALS BY 3 REVISING THE FEE SCHEDULE AND REQUIRING SPAYING 4 OR NEUTERING PRIOR TO ADOPTION 5 SECTION AMENDED: 95-14 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Section 5-14 the City Code is hereby amended and reordained to read as follows: 8 Sec, 5-14. Disposition of unredeemed animal. 9 If a dog or cat impounded under this article is not claimed by its owner within five (5) days, it shall be 10 disposed of in accord with the provisions of section 3,1-796,96 of the Code of Virginia, In the event ami 11 resisent af the city person proposes to adopt such dog or cat, pursuant to such section, he shall pay a fee 12 nat Ie excees fifty sollars ($59,00) of twentv-five dollars {$25,00\ for docs; twentv dollars {$20,00\ for 13 cats: and fifteen dollars ($15,00) for all other animals to ee determinod m:lministratively ey the city 14 mana~er to cover the cost of transfer, seizure and veterinary care for the de~ er cat animal. The person 15 desiring to adopt the do~ er cat animal shall sign an adoption contract agreeing to abide by the rules and 16 regulations of the bureau of animal control~ and shall have the sog or cat Anv unaltered animal must be 17 spayed or neutered witRin a time poriod administratively sot by the bureau of animal control prior to 18 adoption, for an additional fiftv dollar ($50,00) fee to cover the cost of the procedure, which time poriod 19 shall not bo less tRat thirty (dO) says, UF>on presuGing praef tRot tho sag er sat Ras been sF>ayed or 20 neutorod, tho porsen may ee entitles to a reluns ef all or part of the aeevementlonod 100, ho amount ef 21 said rofund, if any, te ee soterminos ey the city mana~or er his suly autRorizes agent. >'ailure te Rave tho 22 dog or cat sF>ayes er neutered in accers with this section sRall censtitule a Class 4 misdemeanor. Such 23 person shall, in IRe case ef a dog, obtain a proper license for such 0 dog, the animal pursuant to article III 24 of this chapter within ten (10) days of such tr,msfer adoption, 25 BE IT FURTHER ORDAINED: That this ordinance shall be effective on Juiy 1,2004, 26 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004, 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE DISPOSITION OF DEAD ANIMALS 3 SECTION AMENDED: 9 5-14 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That Section 5-14 of the City Code is hereby amended and reordained to read as follows: 6 Sec. 5-14. Disposition of dead animals generally. 7 The owner of any animal which has died from disease or other cause shall forthwith cremate or bury or 8 dispose of the remains of such animal in a manner authorized by law. If the owner of such animal fails to 9 do so, the general district court, after providing notice to the owner, if he can be ascertained, shall order 10 such dead animal to be cremated or buried or disposed of in a manner authorized by law by the bureau of 11 animal control" The court shall require the owner to pay the City Treasurer the sum of teR twentv dollars 12 ($19.00) ($20.00) for any small animal. such as a hog, sheep, dog, cat or goat and, for anv other larqer 13 animal that can be cremated or buried or disposed of bv the bureau, the sum of seventy-five dollars 14 ($75.00), free of all encumbrances in favor of such owner. 15 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1,2004. 16 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 AN ORDINANCE TO AMEND THE CITY SITE PLAN ORDINANCE, 2 PERTAINING TO THE ADOPTION OF FEES FOR SINGLE-FAMilY 3 RESIDENTIAL SITE PLAN REVIEW, SITE PLAN REVISIONS, AND OTHER 4 SITE PLAN REVIEW 5 SECTIONS AMENDED: 9 3, Appendix C, Site Plan Ordinance 6 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Section 3 of the City Site Plan Ordinance is hereby amended and reordained, to read as follows: 8 Sec. 3. Procedures. 9 3.2. Procedure for site development plan approval: 10 11 A.2. At the time the site development plan is presented, the following fees shall be due and payable: 12 (a) Residential site plan for two (2) or more residences: One thousand fourteen dollars ($1,014.00) plus thirty 13 dollars ($30.00) per unit after the first five (5) residential units. 14 (b) Nonresidential site plan: One thousand three hundred fifty-six dollars ($1,356.00) plus one hundred two 16 (c) (d) dollars ($102.00) per acre. Duplex site plan: Five hundred sixty dollars ($560.00). 15 17 Thero shall be Ae A site plan review fee in the amount of seventv-five dollars ($75.00) shall be required 18 site plan review fee chargee for a site plan encompassing only one single-family dwelling unit not located 19 in a Chesapeake Bay Preservation Area. For single-family dwellings and additions and other residential 20 structures requiring a plan of development pursuant to Section 107 of the Chesapeake Bay Preservation 21 Area Ordinance, there shall be a fee in the amount of two hundred eighty dollars ($280.00); provided, 22 however, that if the agent determines that such plan of development may be subject to abbreviated 23 review, there shall be a fee in the amount of one hundred thirty-five dollars ($135.00). 24 M 25 (ef) land Manaqement Plan: Two Hundred and Fiftv dollars ($250.00). There shall se no resysmission fee for any site plan rosybmittee within sixty (€i0) eays ef the date ef 26 completion of the prior review. If an applicant, at anv time durinq site plan review. submits a review. 27 submits a revised plan or portion thereof. field chanae or makes a chanqe to the plan under review not at 28 the request of the Citv of Virqinia Beach. such revision shall be accompanied bv a fee of one hundred 29 sixtv-eiqhl dollars ($168.00) per sheet that is revised or chanqed. 30 A.3. At the time anv other tvpe of site plan is subm itted a review fee in the amount of seventv-five 31 dollars ($75.00) shall be required. 32 All fees shall be payable to the city treasurer. 33 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 2 3 4 5 6 7 8 follows: AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS, PERTAINING TO FEES FOR CONSTRUCTION PLANS, FINAL SUBDIVISION PLATS, PLAT REVISIONS, AND SUBDIVISIONS PLATS THAT DO NOT CREATE ADDITIONAL LOTS SECTIONS AMENDED: !l 8.1, Appendix B, Subdivision Regulations BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8.1 of the City Subdivision Regulations is hereby amended and reordained, to read as 9 Appendix B 10 Sec. 8.1. Plat fees. 11 3.2. Procedure for site development plan approval: 12 13 (b) At the time construction plans are submitted for residential subdivisions of six (6) or more lot plats 14 or for any nonresidential subdivisions, the following fees shall be due and payable from the effective date of this 15 ordinance [July 1, 1999]: Two hundred leA fiftv-two doliars ($2W252.00) plus seventy eiQhtv-four dollars 16 ($+G84.00) per hundred (100) linear feet of roadway. 17 (c) At the time final subdivision plats are submitted, the following fees shall be due and payable from 18 the effective date of this ordinance [July 1, 1999J: 19 (1) Residential six (6) or more lot plats: I"alli Five hundred ninety-livefour dollars ($4lla594.00) 20 plus s*eiQht dollars ($911.00) per lot after the first five (5) lots. 21 (2) Nonresidential plats: I"alliFive hundred eighty-livetwo dollars ($48a582.00) plus ferty fivefiftv- 22 four dollars ($4<;54.00) per lot. 23 (d) If an applicant, at any time during subdivision review, submits a review, submits a revised plan or 24 portion thereof, field chanQe or makes a change to the plan under review not at the request of the City of Virginia 25 Beach, such revision shall be accompanied by a fee of one hundred feAysixtv-eiQht dollars ($440168.00) per 26 sheet that is revised or changed. 27 (e) If a subdivision plat does not create a greater number of lots, such plat when submitted shall be 28 accompanied by the following fees: 29 (1) Residential plat: SeventyEiQht-four dollars ($ro84.00). 30 31 32 33 34 35 36 37 38 39 (2) Nonresidential plats: +waThree hundred ei\lRtY thirtv-six dollars ($2W336.00). ill Amended because of error or omission: Eiahtv-four dollars ($84.00) (f) When a plat is submitted encompassing Ian d within a community development target area, no plat fee shall be due from property owners who qualify as low and moderate income as determined by the secretary of housing and urban development or by the Virginia Housing Development Authority under one or more of their rental assistance or homeowner mortgage programs. Through agreement with the city, waiver of plat fees may also be provided to builders who are building under the aforementioned programs for low and moderate income families. (g) All fees shall be payable to the city treasurer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11\h day of May, 2004 1 2 3 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CITY CODE. PERTAINING TO THE ADOPTION OF FEES FOR PERM ITS FOR DREDGING OR FILLING WATERS. MARSHLANDS AND LOWLANDS 4 SECTION ADDED:!l 6-152,5 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That Section 6-152.5 of Chapter 6, Beaches, Boats and Waterways is hereby added to read as follows: 7 Sec. 6-152,5. Fee, 8 (a) The fee for a permit required bv this article shall be one hundred dollars ($100,00). 9 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 th day of May, 2004, 1 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE, PERTAINING 2 TO APPLICATION FEES AND TO ADOPT A FEE FOR DEFERRAL OF AN 3 APPLICATION 4 SECTIONS AMENDED !j:!j1403 and 1603 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That Sections 1403 and 1603 of the City Zoning Ordinance is hereby amended and reordained, to read 7 as follows: 8 Wetlands Zoning Ordinance 9 Sec. 1403. Applications for permits. 10 11 (c) A nonrefundable processing fee to cover the cost of processing the application accompany each 12 permit application. Such fee shall be in an amount 10 sovsn leRlhs ef ens (0.7) floresnt ef tRe total senslrustien 13 valuo of tho flermit ilem fer semmersial applisatiens, with 0 minimum filO of two hundred dollars ($200.00) plus 14 the cost of advertisement ans 0 maximum fee of twenty five hunsrod sellars ($2,500.00), ans ene ~"arter ef sne 15 (0.25) porcent of tho total constructisn value of tho flermit item for rosisenlial aflplisaliens, witR a minimum fee of 16 ono hundrod dollars ($100.00) and [} maximum foe of one Ihousand sollars ($1,000.00). Such fees shall apply to 17 original applications, including after-the-fact applications, and to reapplications. A fee in an amount of one 18 hundred dollars ($100.00) shall be reGu'lred for deferral of an application unless waived bv the Board. 19 Coastal Primary Sand Dune Zoning Ordinance 20 Sec. 1603. Applicalions for permits. 21 22 (c) A nonrefundable processing fee to cover the cost of processing the application shall accompany 23 each permit application. Such fee sholl ee in an ame"nt e~ual te seven tenlRs of ono (0.7) persent ef tho telal 24 conslr"stion valuo of tho permit ilem fer commercial applicatiens, wilR a minimum fee of in an amount of two 25 hundred dollars ($200.00) plus the cost of advertisinG. ami a maximum feo ef twonty five Rbmdre8 dellaro 26 ($2,500.00), ans eno ~"arter ef ene (0.25) percont of the telal conslruction value ef Ihe permit item for rosidential 27 applications, with a minimum fee of one hunsres dollars ($100.00) and a maximum fee ef one tl1eusand sellars 28 ($', ,OOO,QQ). Such fees shall apply to original applications, including after-the-fact-applications, and to re- 29 applications. No person shall be required to file two (2) separate applications for permits if the project to be 30 undertaken will require permits under Section 28.2-1302 of the Code of Virginia and this article, Under those 31 circumstances, the fee shall be established pursuant to this article. A fee in an amount of one hundred dollars 32 ($100.001 shall be required for deferrai of an application unless waived by the Board, 33 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 8 OF THE CITY CODE, PERTAINING TO FEES FOR ADMINISTRATIVE FEES FOR STOPWORK ORDERS, REVIEWS OF COMMERCIAL PLANS, AND RESIDENTIAL WATER AND SEWER CONNECTIONS 5 SECTIONS AMENDED: 998-31 and 8-32 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-31 of the City Code is hereby amended and reordained, to read as follows: 8 Sec. 8-31. Permit fees - - Building permits. 9 10 (c) For the construction of any building or addition thereto where the floor area is increased and for 11 the installation or erection of any industrialized building un it, the fee shall be based on the floor area to be 12 constructed, as computed from exterior building dimensions at each floor, as follows: 13 14 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under 15 this article is commenced before a permit is secured and fee paid for same, an administrative fee 16 of one hundred fifty dollars ($400150.00) shall be added to the fee due. Payment of such 17 administrative fee shall not in any way relieve the violator of any criminal prosecution. 18 19 (20) There shall also be a doposit foo review fee in the amount of one hundred dollars ($100.00) for 20 review of commercial plans, which shall bo appliod tov:arss tho builsing fee at tRe timo of 21 issuanco. 22 Sec. 8-32. Same--Plumbing permits. 23 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars 24 ($30.00) and, in addition thereto, the following: 25 26 (1) (2) (3) Each house sewer connection: Twenty fivoThirtv dollars ($2a30.00). Each plumbing fixture, floor drain or tap: Six dollars ($6.00). 27 Each house water connection: Twonty fivoThirtv dollars ($2a30.00). 28 29 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 30 OF THE CITY CODE, PERTAINING TO THE FEES FOR EROSION AND SEDIMENT CONTROL PERMITS, PLAN REVIEW AND INSPECTIONS AND TO ADOPT A FEE FOR THE REVIEW OF EASEMENT OR DEDICATION PLATS 5 SECTION AMENDED:!l 30-61 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Section 30-61 of the City Code is hereby amended and reordained, to read as follows: 8 Sec. 30-61. Program administration, plan review and inspection fee. 9 (a) At the time an erosion and sediment control plan is submitted a roasonaBle feo shallBo pais. The 10 direGter of planning or his sesignoe may eetermino tRe amount of foo Basee upen tho antiGipatos Gests 11 associatee with tho iss~anco of grading or land dist~rbing pormit, plan rovio'^" ans anticipates porieeic inspoction 12 for complianGe ",itR Ihe orosien ane soeimont centrol plan plan review fee in the amount of one hundred dollars 13 ($100.00) shall be required. Additional fees include a permit fee in the amount of seventy-five dollars ($75.00) 14 and inspection fees in the amount of 1.5% of the total cost of construction as provided in the enqineer's cost 15 estimate for the stormwater manaqement facility. with a fifty dollar ($50.00) minimum. Such feefees shall be 16 submitted to the director of planning or his designee and made payable to the treasurer of the City of Virginia 17 Beach. 18 fQ} At the time easement or dedication plats are submitted. a review fee in the amount of eiqhty-four 19 dollars ($84.00) shall be required. 20 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE CITY CODE, PERTAINING TO PERMIT FEES FOR WORK ON, OVER, UNDER OR AFFECTING STREETS, AND TO ADOPT A FEE FOR THE REVIEW OF EASEMENT OR DEDICATION PLATS 5 SECTION AMENDED: 1333-71 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Section 33-71 of the City Code is hereby amended and reordained, to read as follows: 8 Sec. 33.71. Schedule. 9 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall 10 be required or not required in accordance with the following schedule: Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee (a) One (1) permit for ~ Based on 1.5% the total cost of Deposit in accordance with work of a $75.00 construction as provided in the estimated cost continuing nature engineer's cost estimate, excluding water, sewer and street light costs, with a $50.00 minimum. (b) Logging road, ~ $50.00 Deposit in accordance with tram road and $75.00 estimated cost other temporary entrances (c) Cutting, trimming ~ $50.00 $25.00 or spraying trees $75.00 or shrubs (d) Blanket permit ~ $50.00 Deposit in accordance with $7500 estimated cost (e) Single- or two- ~ $0.00 $0.00 family driveway $35.00 aprons (f) Work authorized $75.00 $0.00 $0.00 by franchise or certificate of convenience and necessity Resubmittal $75.00 $0.00 $0.00 (g) All other work ~ Based on 1.5% of the total cost of Deposit in accordance with $75.00 construction as p rovid ed in the estimated cost enqineer's cost estimate, excluding street light costs, with a $50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7500.00 plus 1.5% of the construction cost in excess of $7500.00, with a $50.00 minimum. 11 .Q;U At the time easement or dedication plats are submitted a review fee in the amount of eiqhtv-four 12 dollars ($84.00) shall be required. 13 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION 2 AREA ORDINANCE, PERTAINING TO THE FEE FOR ADMINISTRATIVE AND 3 BOARD VARIANCES 4 SECTIONS AMENDED: 9 110 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That Section 110 of the City Chesapeake Bay Preservation Area Ordinance is hereby amended and 7 reordained, to read as follows: 8 Sec. 110. Variances. 9 10 (B) Administrative variances. The City Manager shall approve or deny an application 11 requesting an administrative variance after receipt of a complete application. No such application shall be 12 accepted by the City Manager unless accompanied by a nonrefundable fee in the amount of One Hundred Fiftv 13 Dollars ($400150.00). Administrative variances may be granted only for uses, deveiopment or redevelopment 14 described in: 15 (1) Section 106 (B) (2) for water wells, passive recreation facilities and historic preservation 16 and archaeological activities; 17 (2) Section 106 (B) (4) for lots recorded prior to October 1,1989 or between October 1,1989 18 and January 1, 2004 where application of the buffer requirement would result in the loss 19 of a buildable lot and meet the criteria enumerated; 20 (3) Section 106 (B) (5) for sight lines, access paths, general woodlot management and best 21 management practices; and 22 (4) Section 108 for additions to nonconforming structures. 23 24 (C) Board variances. The City Manager shall review any other application for a variance and 25 the water quality impact assessment and provide the Board with an evaluation of the potential impacts of the 26 proposed variance and such other information as may aid the Board in considering the application. No such 27 application shall be accepted by the City Manager unless accompanied by a nonrefundable fee in the amount of 28 two hundred teAfiftv dollars ($2W250.00). The City Manager shall transmit the application and supporting 29 information and evaluation to the members of the Board and the applicant no less than five (5) days prior to the 30 scheduled hearing on such application. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 1 AN ORDINANCE TO ADOPT THE FY 2005/FY 2010 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE 3 $180,324,432 FOR THE FY 2005 CAPITAL BUDGET 4 SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS 5 SOURCES SET FORTH HEREIN 6 WHEREAS, the City Manager, on March 30, 2004, presented to City Council the Capital Improvement 7 Program for fiscal years 2005 through 2010; 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 WHEREAS, based on public comment, City Council has determined the need for certain projects in the 10 Capital Improvement Program; and 11 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 12 2005 fiscal year, as set forth in said Capital Improvement Program. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 16 capital facilities identified for fiscal years 2005 through 2010 is hereby adopted, and the projects listed therein are 17 hereby approved as capital projects. 18 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, 19 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or 20 rescheduled in any manner at any time by City Council. 21 Section 3. That funds in the amounts aggregating $180,324,432 for capital projects in the Capital Budget 22 for the 2005 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project 23 and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in 24 "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto. 25 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the 26 Capital Budget for the 2005 fiscal year as set forth in said Capitai Improvement Program are attached to this 27 ordinance as "Attachment B - Financing Sources." 28 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance 29 with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of 30 which is attached hereto. 31 Section 6. That additional appropriations and the addition of capital projects shall not be initiated except 32 with the consent and approval of the City Council first being obtained, and an appropriation for a project in the 33 Capital Improvement Program shall continue in force until the purpose for which it was made has been 34 accomplished or abandoned. 35 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school 36 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on 37 the contract. 38 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City 39 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an 40 amount up to $100,000 between capital projects within a Flreject class as may best meet the needs of the City. 41 The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. 42 The City Manager or the Director of Management Services is hereby authorized to establish and administer the 43 budgeting of capital projects consistent with best management practices, reporting requirements and the Capital 44 Improvement Program adopted by the City Council. 45 Section 9. That the City Manager or the Director of Management Services is hereby authorized to 46 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the 47 various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the 48 financing sources in support of capital projects decline, the City Manager or the Director of Management Services 49 is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those 50 appropriations to equal the changed financing source. The City Manager must give prior notice to the City 51 Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the 52 basis and amount of the appropriation reduction and the capital projects affected. The accounting records of the 53 City will be maintained in a manner where the total of financing sources is equal to the total appropriations for 54 each of the City's capital projects funds. 55 Section 10. That the Capital Improvement Program debt management policies contained and included in 56 the Resource Management Plan - Executive Summary document shall be the policy guidelines of the City, and 57 the City Manager shall annually report on the status of those guidelines and the projected impact of the proposed 58 Capital Improvement Program on those guidelines, such information to be included in the Resource Management 59 Plan submittal. The City Manager may propose modifications to those policies and guidelines through the 60 Resource Management Plan. 61 Section 11. That violation of this ordinance shall result in the City Manager taking disciplinary action 62 against the person or persons responsible for the capital project in which the violation occurred. 63 Section 12. That if any portion of this ordinance is for any reason declared to be unconstitutional or 64 invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 65 Section 13. That this ordinance shall be in effect from the date of its adoption; however, appropriations 66 for the FY 2005 Capital Budget shall be effective on July 1, 2004. 67 Adopted by the City Council of the City of Virginia Beach, Virginia on this 11 th day of May, 2004. Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2004-05 9.016 9.019 9.027 9.034 9.038 9.141 9.260 9.280 9.302 3.021 3.033 3.185 3.230 3.281 2.007 2.018 2.021 2.025 2.031 2.039 2.048 2.052 2.065 2.067 2.072 2.073 2.076 Economic Vitality Town Center Infrastructure BeachStreet USA - Phase I 31 st Street Parking Garage Neighborhood Revitalization Strategy Plan Economic Development infrastructure Projects Economic Development Investment Program (On-Going) Economic and Tourism Development Partnerships Economic and Tourism Development Studies Rudee Loop Development - Phase i (Partiai) Total Economic and Tourism Development Projects: Safe Community Fire and Rescue Station - Thalia Fire Faciiity Rehabiiitation and Renewal Fire Apparatus Police Fourth Precinct - Expansion and Renovation Study CIT - Communication Infrastructure Replacement Total Buildings Projects: Quality Phvsical EnYironment Shipp's Corner Road Bridge Replacement Major Intersection Improvements Rural Road Improvements Witchduck Road - Phase II (Partial) (V DOT) Street Reconstruction Computerized Traffic Signai System Upgrade/Rep!. (Partiai) Princess Anne Rd./Kempsville Rd. Intersection Impr. (VDOT) Traffic Signal Rehabiiitation Elbow Road Extended - Phase II-A Sandbridge Road Safety Improvements First Colonial RdNa. Beach Bivd. Intersection Imp. Buckner Road Extended Laskin Road Gateway 2,100,000 1,000,000 7,696,884 100,000 1,083,524 2,407,830 300,000 150,000 1,850,000 $16,688,238 950,000 312,000 2,930,000 100,000 4,000,000 $8,292,000 74,000 265,000 225,000 77,000 150,000 3,944,000 6,124,000 250,000 964,200 1,965,000 691,131 100,000 1,713,853 Project Number 2.083 2.089 2.107 2.115 2.121 2.149 2.152 2.156 2.157 2.158 2.165 2.167 2.172 2.179 2.186 2.195 2.238 2.256 2.257 2.263 2.268 2.284 2.285 2.305 2.837 2.931 3.038 3.100 5.001 5.002 5.006 5.016 5.017 5.072 Attachment A - Capital Budget Appropriations Projects Diamond Springs Road Bridge Replacement Southeastern Parkway & Greenbelt (Partial) Seaboard Road Shore Drive Intersections - Demonstration Project Nimmo Parkway-Phase V-A (V DOT) Birdneck Road - Phase II (V DOT) Elbow Road Extended - Phase II (VDOT) Laskin Road - Phase I (VDOT) Lynnhaven Parkway - Phase IX (VDOT) Holland Road - Phase VI (VDOT) Laskin Road - Phase II (VDOT) Lynnhaven Parkway - Phase XI (VDOT) LED Traffic Signai Upgrade Access Road lor Elementary School 2005 Norfolk Southern Right-ai-Way Survey Princess Anne Road Phase VII Pembroke Area Comprehensive Transportation Plan Indian River Rd - Ph VII (V DOT) Partial Lynnhaven ParkwayNolvo Parkway (V DOT) Major Bridge Rehabilitation (Partial) Wetlands Mitigation Banking Pavement Maintenance Program Traffic Salety Improvements - Phase II Princess Anne Road- Phase IV (Ferrell- Phase II) (VDOT) Various Cost Participation Projects Witchduck Road - Phase I (Partial) (VDOT) Various Buildings Rehabilitation and Renewal Various Buildings HV AC Rehabilitation and Renewal Comprehensive Emergency Response & Planning - Phase I Nimmo Pkwy Water Improvements Water Appurtenances Evaluation & Improvements System Expansion Cost Participation Agreements Public Utilities Public Access Renovations - Building #2 Maxey Manor Water Improvements- 51 % Program Total Roadways Projects: Total Buildings Projects: Appropriations FY 2004-05 300,000 2,000,000 1,000,000 1,005,000 265,433 641,296 400,000 850,044 310,000 100,000 1,200,000 2,167,219 100,000 498,500 300,000 1,455,000 825,000 170,000 826,800 660,000 100,000 6,917,694 639,646 2,000,428 50,000 468,000 $41,793,244 5,178,518 1,245,518 $6,424,036 700,000 400,000 150,000 200,000 350,000 100,000 Project Number 5.083 5.085 5.130 5.131 5.138 5.139 5.140 5.141 5.147 5.162 5.163 5.164 5.165 5.708 5.965 6.018 6.019 6.027 6.028 6.031 6.046 6.063 6.065 6.066 6.067 6.068 6.071 6.080 6.082 6.084 6.086 6.102 6.138 6.168 6.169 6.178 Attachment A - Capital Budget Appropriations Projects Stumpy Lake Water Reservoir & Pumping Facilities Improvement Lynnhaven Pump Station Modifications - Phase II Lynnhaven Pkwy Extended Water Improvements (VDOT) Water Tank Upgrade Program - Phase II Comprehensive Water Master Planning - Phase IV Small Line Improvements - Phase IV Various Roadway/Storm Water Coordination - Phase IV Water Request and Agreements Phase IV - 51% Program Providence Road Water Improvements Backflow Prevention and Cross Connection Control Program Various Water Infrastructure Maintenance Support Program IVR/CTI, Bill Print, and Automated Payment Soiution Design Shore Drive Water Line Improvements Resort Area Neighborhood Revitalization Water Resources Total Water Utility Projects: Sanitary Sewer Aging Infrastructure Program - Phase I Resort Area Neighborhood Revitalization Kenley Rd / Bonney Rd Sewer Improvements - 51 % Program Comprehensive Emergency Response & Planning - Phase I Sewer Appurtenances Evaluation & Improvements Computerized Mapping and Infrastructure Management Systems Central Business District System Upgrade Infiltration, Inflow, and Rehabilitation - Phase IV Pump Station Modifications - Phase IV Various Roadway/Stormwater Coordination - Phase IV Sewer Requests and Agreements - Phase IV (51 % Program) Comprehensive Sewer Master Planning - Phase III West Neck Pkwy FM - Lake Ridge IFM Interconnect System Expansion Cost Participation Agreements - Phase I Maxey Manor Sewer Improvements - 51 % Program Public Utilities Public Access Renovations - Building #2 Princess Anne Commons Sewer Improvements Landstown Yard Improvements - Phase III Various Sanitary Sewer Infrastructure Maintenance Support IVR/CTI, Bill Print, and Automated Payment Solution Design Virginia Beach Middle School Water & Sewer Improvements Appropriations FY 2004-05 550,000 280,000 30,000 140,000 150,000 200,000 105,000 100,000 350,000 100,000 200,000 200,000 100,000 1,000,000 345,000 $5,750,000 1,000,000 774,000 315,000 330,000 250,000 150,000 200,000 1,500,000 1,191,000 150,000 150,000 500,000 50,000 600,000 500,000 350,000 1,200,000 40,000 200,000 200,000 1,810,000 Project Number 6.938 7.004 7.005 7.010 7.013 7.016 7.027 7.063 7.067 7.091 7.145 7.152 7.153 7.183 8.002 8.004 8.005 8.007 8.008 8.282 8.830 3.041 3.114 3.275 3.283 3.322 Attachment A - Capital Budget Appropriations Projects Princess Anne Piaza Rehabilitation Total Sewer Utility Projects: Storm Water Infrastructure Rehabilitation North Lake Holly Watershed Elizabeth River Shores Cape Henry Dr. (Lynn haven Colony)Drainage South Lake Holly Watershed SWM Master Planning, Analysis, and Inventory Neighborhood Storm Water Infrastructure Improvements Primary System infrastructure improvements Residential Drainage Cost Participation Program Arctic Avenue - Baltic Avenue Dam and Spillway Structural Improvements Lynnhaven Watershed Restoration Storm Water Quality Enhancements Total Storm Water Projects: Beach Profile Monitoring Program Various Minor Dredging Projects Western Branch Lynnhaven River Maintenance Dredging Rudee Inlet Outer Channel Maintenance Dredging Beach Replenishment Sand bridge Beach Restoration Rudee Inlet Federal Dredging Total Coastal Projects: Total Quality Physicai Environment Projects: Cultural & Recreational ODDortunities Virginia Marine Science Museum Elevated Pedestrian Crosswalk Community Color Project Virginia Marine Science Museum Renewal and Replacement Pavilion Theatre Replacement VMSM Original Exhibit Gallery Renovation Total Buildings Projects: Appropriations FY 2004-05 1,200,000 $12,660,000 100,000 1,141,616 423,925 300,000 728,600 41,633 1,122,255 1,171,502 100,000 182,384 100,000 500,000 834,610 $6,746,525 50,000 50,000 200,000 421,680 1,250,000 6,879,600 435,000 $9,286,280 $82,660,085 2,000,000 55,000 150,000 5,000,000 300,000 $7,505,000 Project Number 4.004 4.009 4.010 4.019 4.027 4.032 4.033 4.035 4.040 4.042 4.936 4.949 4.950 4.954 4.955 4.959 4.970 1.001 1.006 1.017 1.018 1.020 1.072 1.074 1.075 1.082 1.083 1.084 1.090 1.201 1.225 1.227 1.228 Attachment A . Capital Budget Appropriations Projects Open Space Program Site Acquisition Community Recreation Centers Repairs and Renovations Existing Trails Repairs New Princess Anne Athletic Fields Lynnhaven Marina Dredging and Repairs Parking Lot Improvements Municipal Skate Parks Natural Area Planning and Improvements Pendleton Parking Lot Expansion/Public Restroom Facilities Red Wing Lake Golf Course Improvements Rec Office and Storage Facility at School Sites District/Community Park Development & Renovations (On-Going) Neighborhood Park Development (On-Going) Tennis Court Renovations (On-Going) Athletic Fields Upgrading and Lighting Golf Course Infrastructure and Equipment (On-Going) Park Playgrounds Renovations Total Parks and Recreation Projects: Total Cultural & Recreational Opportunities Projects: Qualitv Education and Lifelona Learnina Renovations and Replacements - Energy Management Various Schools Site Acquisition - Phase I High School Addition - Phase I Newtown Road Elementary School Modernization High School Addition - Phase II Comprehensive Modernization Study - Phase III Renovations and Replacements - Various Elementary School 2007 Alternative Education Facility-Phase I Renovations and Replacements - Reroofing Renovations and Replacements - HV AC Systems Elementary School 2005 Renovations and Replacements - Grounds Hermitage Elementary School Replacement Windsor Woods Elementary School Modernization Brookwood Elementary School Modernization Appropriations FY 2004-05 1,000,000 700,000 300,000 1,200,000 100,000 50,000 100,000 37,634 507,500 4,000,000 100,000 148,011 50,000 200,000 50,000 200,000 225,000 $8,968,145 $16,473,145 572,400 156,212 350,000 500,000 325,000 550,000 2,332,000 600,000 8,692,819 1,919,670 2,225,652 5,104,378 500,000 250,000 5,961,271 6,120,320 Project Number 1.229 1.232 1.233 1.234 3.262 3.217 3.198 3.200 3.207 3.212 3.335 Attachment A - Capital Budget Appropriations Projects Pembroke Meadows Elementary School Modernization Tennis Court Renovations Old Donation Center Modernization Consolidated Virginia Beach Middle/Kemps Landing Magnet Tidewater Community College Expansion Total Schools Projects: Total Buildings Projects: Total Quality Education and Lifelong Learning Projects: Familv and Youth Opportunities CIT - Human Services Client Information System Qualitv Oraanization CIT - Electronic Ballot System - Study CIT - Revenue Assessment and Collection System CIT - Phase 2 Permits and Inspections Interactive Internet CIT - IT Network Infrastructure Replacement CIT - Electronic Ballot System - ADA Machines Total Buildings Projects: Total Buildings Projects: Total Capital Budget: Appropriations FY 2004-05 6,838,226 100,000 750,000 6,554,116 $50,402,064 1,000,000 $1,000,000 $51,402,064 1,200,000 $1,200,000 100,000 2,193,900 750,000 250,000 315,000 $3,608,900 $180,324,432 Attachment B - Financing Sources Financing Sources Federal Contribution Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Lease-Purchase Private Contribution Public Facility Revenue Bonds Retained Earnings - Information Technology Retained Earnings - Storm Water Retained Earnings. Water and Sewer State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Total Financing Sources: Capital Budget FY 2004-05 $1,315,000 $8,243,900 $9,179,600 $37,384,210 $64,550,000 $2,930,000 $156,212 $7,696,884 $250,000 $450,000 $5,695,000 $23,462,101 $510,000 $5,7B6,525 $9,215,000 $3,500,000 $1 BO,324,432 Projects Attachment C - Transfers Appropriations Prior to FY 2004-2005 Roadwav Proiects Transfer To: 2.256 2.076 Transfer From: 2.039 2.090 Storm Water Transfer To: 7.145 7.281 Transfer From: 7.001 7.018 7.020 7.025 7.027 7.113 7.114 7.115 7.181 7.960 Qualitv Phvsical Environment Indian River Road - Phase VII (V DOT) Laskin Road Gateway Total Transfer To: Computerized Traffic Signal System Upgrade/Rep!. (Partial) Nimmo Parkway Phase I/West Neck Road Extended Total Transfer From: Arctic Avenue - Baltic Avenue Larkspur Drainage - Phases I and II Total Transfers To : Chesapeake Beach/Lake Chubb Lake James Various Dainage Improvements Upper West Neck Creek Improvements SWM Master Planning, Analysis and Inventory NPDES Storm System Permit Application Princess Anne Plaza Drainage - Phase II Rosemont Road - Windsor Woods Drainage Pocahontas Village Oceana Gardens West Drainage Total Transfers From: Water and Sewer Utilitv Proiects Transfer To: 5.001 5.006 5.016 5.083 5.092 5.118 5.129 5.130 5.140 6.030 Comprehensive Emergency Response & Planning - Phase I Water Appurtenances Evaluation and Improvements System Expansion Cost Participation Agreements Stumpy Lake Water Reservoir & Pumping Facilities Improvement Landstown Yard Improvements - Phase III Computerized Mapping System Potable Wells Evaluation Program Lynnhaven Pkwy Extended Water Improvements (VDOT) Various Roadway/Stormwater Coordination - Phase IV Little Neck Point Sewer Improvements - 51% Program $418,000 $670,000 $1,088,000 $418,000 $670,000 $1,088,000 $897,616 $300,000 $1,197,616 $36,093 $61,528 $64,784 $400,000 $3,477 $39,754 $230,141 $34,797 $27,042 $300,000 $1,197,616 $100,000 $100,000 $100,000 $115,000 $600,000 $210,000 $15,000 $175,000 $204,452 $1,185,000 6.046 6.066 6.067 6.138 Transfer From: 5.005 5.035 5.114 5.131 5.144 5.148 5.149 5.150 5.161 5.200 5.204 5.973 6.005 6.021 6.039 6.055 6.072 6.074 6.077 6.083 6.167 6.962 6.971 Transfer To: 4.959 4.006 Transfer From: 4.959 4.006 Transfer To: 1.084 1.227 Computerized Mapping System Pump Station Modifications - Phase IV (Partial) Various Roadway/Stormwater Coordination Phase Iii Landstown Yard Improvements - Phase IV Total Transfer To: North London Bridge Rd. Water Improvements (VDOT) Nimmo Parkway Water Improvements - Phases I, II, III London Bridge Road Water Improvements - Phase II (VDOT) Tank Upgrade Program - Phase II North End Water Main Replacement Elbow Road Extended Water Improvements - Phases I & Ii (VDOT) Indian River Road Water Improvements - Phase VII (V DOT) Underground Storage Tanks - Water Infrastructure Asset Management Program Salem Road "C" (V DOT) Salem Road Water Improvements - Phase II (VDOT) First Colonial Road Water Improvements - Phase III (VDOT) First Colonial RD - Phase III & Oceana Blvd Extension (VDOT) Salem Road C North Landing RoadlWest Neck Road Sewer Improvements Landstown Yard Improvements - Phase II Bow Creek Neighborhood Park Sewer Improvements Underground Storage Tanks Kempsville Road New Pump Station Facility - Phase III (V DOT) Auxiliary Power Program - Sewer Pump Stations Infrastructure Asset Management Program Timberlake Force Main North London Bridge Road Sewer Improvements Total Transfers From: Cultural and Recreational ODDortunities Golf Course Infrastructure and Equipment Atlantic Avenue Trail Extension Total Transfer To: Golf Course Infrastructure and Equipment - Revenue Reduction Atlantic Avenue Trail Extension - Revenue Reduction Totai Transfer From: Qualltv Education and Lifelona Learnina Renovations and Replacements-HAC Systems Windsor Woods Elementary School Modernization $60,000 $309,000 $259,383 $770,230 $4,203,065 $563,698 $56,775 $114,221 $794,000 $171,896 $165,000 $96,452 $2,955 $60,000 $45,919 $20,000 $79,310 $211,759 $380,000 $100,000 $220,229 $400,000 $8,000 $17,250 $400,000 $60,000 $17,467 $218,134 $4,203,065 $100,000 $793,046 $893,046 $100,000 $793,046 $893,046 26,902 500,000 1.228 Brookwood Elementary School Modernization 437,881 1.229 Pembroke Meadows Elementary School Modernization 435,000 1.234 Consolidated Virginia Beach Middle/Kemps Landing Magnate 1,250,000 Total Transfer To: $2,649,783 Transfer From: 1.006 Various Schools Site Acquisition-Phase I 1,250,000 1.011 Equipment and Vehicle Replacement 249,783 1.062 ADA School Modifications 450,000 1.083 Renovations and Replacements-Re-roofing 200,000 1.222 Pembroke Elementary School Modernization 100,000 1.223 Lynnhaven Elementary School Modernization 100,000 1.240 Bayside Middle School Addition 300,000 Total Transfer From: $2,649,783 Qualitv Oraanization Transfer To: 3.200 CIT - Revenue Assessment and Collection System $3,500,000 3.198 CIT - Electronic Ballot System- Revenue Reduction $3,766,565 Total Transfer To: $7,266,565 Transfer From: 3.280 CIT - Human Resources/Payroll System $3,500,000 3.198 CIT - Electronic Ballot System $3,766,565 Total Transfer From: $7,266,565 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF 3 THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 4 AMOUNT OF $61,000,000 FOR VARIOUS PUBLIC FACILITIES 5 AND GENERAL IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of 7 general obligation public improvement bonds for various purposes in the maximum amount of $61,000,000, as 8 permitted by the City Charter, without submitting the question of their issuance to the quaiified voters. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 1. That it is hereby determined to be necessary and expedient for the City to construct and 12 improve various public facilities and make general improvements, all of which will promote the pubiic welfare of the 13 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to 14 finance the costs thereof through the borrowing of $61,000,000 and issuing the City's general obligation bonds 15 therefor. 16 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby 17 authorized to be issued generai obligation public improvement bonds of the City in the maximum amount of 18 $61,000,000, to provide funds, together with other funds that may be available, for various public improvement 19 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, 20 for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit 21 compiiance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility 22 relocation, construction, renovation, expansion, repair, demoiition, site improvement, site work, legal services, 23 inspection and support services, furniture and equipment, and contingencies. 24 3. That the bonds may be issued as a separate issue or combined with bonds authorized for 25 other purposes and sold as part of one or more combined issues of public improvement bonds. 26 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 27 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 28 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or 29 resolutions. 30 5. That the bonds shall be general obligations of the City for the payment of principal, 31 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 32 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 33 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 34 hereof through the date of the issuance of the Bonds. 35 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 36 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 37 8. That this ordinance shall be in full force and effective from its passage. 38 Adopted by the Council of the City of Virginia Beach, Virginia on this 11 th day of May, 2004. 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM 2 WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT 4 OF $510,000 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water 6 utility system revenue bonds in the maximum amount of $510,000 for financing improvements and expansions to 7 the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question 8 of their issuance to the qualified voters. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 12 improving and extending the System, which will promote the pubiic welfare of the City and its inhabitants and will 13 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 14 the borrowing of $510,000 and issuing the City's revenue bonds therefore. 15 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 16 issued storm water utility system revenue bonds of the City in the maximum amount of $51 0,000 to provide funds, 17 together with other available funds, for financing the costs of improvements and expansions to the System. 18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 19 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time 20 or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the 23 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds 24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the 25 Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including 26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be 27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or 28 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy 29 and collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the 30 payment of the principal of and premium, if any, and interest on the bonds. 31 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the 32 issuance of the bonds and providing the details thereof shaii contain appropriate covenants requiring the City to fix, 33 charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and 34 to revise the same from time to time and as often as shaii be necessary so as to produce sufficient net revenues to 35 pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of 36 safety therefor. Such resolutions and agreements shaii also include such additional covenants, agreements, and 37 other terms as are customary for the protection of the holders of storm water revenue obligations. 38 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by 39 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through 40 the date of the issuance of the bonds. 41 7. That the City Clerk, in coiiaboration with the City Attorney, is authorized and directed to immediately file a 42 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 8. That this ordinance shaii be in fuii force and effect from its passage. 44 Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004. 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND 2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $9,215,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and 5 sewer system revenue bonds in the maximum amount of $9,215,000 for financing improvements and expansions 6 to the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the 7 question of their issuance to the qualified voters. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 11 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 12 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof 13 through the borrowing of $9,215,000 and issuing the City's revenue bonds therefore. 14 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 15 to be issued water and sewer system revenue bonds of the City in the maximum amount of $9,215,000 to provide 16 funds, together with other availabie funds, for financing the costs of improvements and expansions to the System. 17 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 18 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 19 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or 20 resolutions. 21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be 22 limited obligations of the City, payable as to principal, premium, if any, and interest soleiy from the revenues 23 derived by the City from the System, and shail not be included within the otherwise authorized indebtedness of 24 the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and 25 credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the 26 Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, 27 and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not 28 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 29 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the 30 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 31 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the 32 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to 33 fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the 34 System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient 35 net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to 36 provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 37 covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer 38 revenue obligations. 39 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 40 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 41 hereof through the date of the issuance of the llonds. 42 7. That the City Clerk, in collalloration with the City Attorney, is authorized and directed to 43 immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 44 8. That this ordinance shalllle in full force and effect from its passage. 45 Adopted lly the Council of the City of Virginia Beach, Virginia on this 11 th day of May, 2004. - 36- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 52558 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Ordinances/Resolution I a/blc, 2, 3a/b, 4a (AS AMENDED), 4b, 4c(DEFERRED), 5a/b/c, 6a/b/c, 7 (DEFERRED), 8, 9 (DEFERRED), 10, 11, 12, 13 and 14 (ADD-ON) - Senior Citizen Task Force recommendations) of the CONSENT AGENDA. Item 4a (HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. will be AMENDED BY CONSENT, deleting Condition 30. Item 4c (PARADOCKS, ING.) will be DEFERRED INDEFINITELY, BY CONSENT Item 7 (PLAZA VOLUNTEER RESCUE SQUAD) will be DEFERRED INDEFINITELY, BY CONSENT Item 9 (HISTORIC KEMPSVILLE PLAN) will be DEFERRED, until the City Council Session of May 25, 2004, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Mayor Oberndorf, Council Members Eure, McClanan and Wilson will vote NAY on Item K.1.c (Towing vehicles Amendment) Council Lady McClanan will vote NAY on Item K.2 ( ARP - Dianna Conte and Patricia Ange) Council Lady McClanan will vote NAY on Item K.4a (HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. Councilman Wood DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act J 2.2-3115 (E). Reltem 6.b. (one of the twoproposedfranchises 21 Fun, L.L.C., trading as "Sharx Caje" and located at 211 21" Street). Councilman Wood has an ownership interest in JD& W, Inc. JD& W, Inc. has performed work for related business entities of21 Fun, L.L. C. and is currently negotiating construction projects with 21 Fun, L.L. C. Councilman Wood's letter of May 11, 2004, is hereby made a part of the record. May II, 2004 - 37- Item V-K.l.a/b. ORDINANCES/RESOLUTIONS ITEM # 52559 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, Ordinances to AMEND and REORDAIN the City Code: 8 17-3 8 21-317 Library Board revision of membership Maximum speed limits Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 11, 2004 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND THE TO THE LIBRARY BOARD MEMBERSHIP REQUIREMENTS CITY CODE PERTAINING BY REVISING THE SECTION AMENDED: 517-3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 17-3. Public Library Board. 13 (a) There is hereby created a public library board, which shall 14 consist of not less than seven (7) nor more than eleven (11) 15 members. The members of the board shall be appointed by the 16 council for terms of three (3) years; provided, however, that the 17 initial appointments shall be made for such lesser terms as will 18 provide staggered expirations thereofT~ ~nd further pro~ided tRat 19 one (1) Two (2) member~ shall be a high school Denior juniors, 20 whose terms shall be for one (1) year~ , and one member shall be 21 an employee of the school division. The board shall select from 22 its membership a chairman and vice-chairman. 23 (b) The public library board shall meet not less frequently 24 than once every quarter (three (3) months) and additionally, at the 25 call of the chairman. The board shall be responsible for making 26 recommendations to the council on all phases of library planning, 27 policy and management. 28 29 30 31 Adopted by the City Council of the City of Virginia Beach, 32 Virginia, on this 11th day of May,2004. 2 1 2 3 4 5 6 7 8 9 10 11 ; 12 l 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21- 317 OF THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS GENERALLY SECTION AMENDED: ~ 21-317 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section of the City Code is hereby amended and reordained, to read as follows: Sec. 21-317. Max~um speed limits generally. (a) No person shall drive any motor vehicle upon a highway of this city at a speed in excess of the following maximum speed limits ~ in excess of any other maximum speed limit posted in accordance with subsection (b) below: (1) Fifty-five (55) miles per hour on the interstate system of highways or other limited access highways with divided roadways. (2) Fifty-five (55) miles per hour on nonlimited access highways having four (4) or more lanes and on all state primary highways. (3) Fifty-five (55) miles per hour on highways not included in (1) or (2) above, if the vehicle is a passenger motor vehicle, passenger bus, United States post office bus, pickup or panel truck or a motorcycle; and forty-five (45) miles per hour on such highways, if the vehicle is a truck, road tractor, tractor truck or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self- propulsion, or a house trailer. 29 (4) Thirty-five (35) miles per hour or the minimum speed 30 allowable, whichever is greater, on any highway other than an 31 interstate highway, if the vehicle is being used as a school bus 32 carrying children, and forty-five (45) miles per hour on interstate 33 highways; provided, however, that for any such vehicle which 34 neither takes on nor discharges children between its point of 35 origin and point of destination, the speed limit shall be forty- 36 five (45) miles per hour. 37 (5) Forty-five (45) miles per hour on any highway, if the vehicle 38 or combination of vehicles is operating under a special permit 39 issued by the commonwealth transportation board in accordance with 40 Code of Virginia, section 46.2-1139. The commonwealth 41 transportation board may, however, prescribe a speed limit of less 42 than forty-five (45) miles per hour on any such permit issued by 43 it. 44 (6) Twenty-five (25) miles per hour on highways in a business or 45 residential district, except upon interstate or other limited 46 access highways with divided roadways. 47 (7) Thirty-five (35) miles per hour on highways in the city, 48 except upon interstate or other limited access highways with 49 divided roadways and except in business or residence districts. 50 (8) Notwithstanding the provisions of subdivisions (1), (2) and 51 (3) of this subsection, the speed limits for passenger motor 52 vehicles, while towing utility, camping or boat trailers not 2 53 exceeding an actual gross weight of twenty-five hundred (2500) 54 pounds, shall be the same as that for passenger motor vehicles. 55 (b) Notwithstanding the foregoing provisions, the state highway 56 and transportation commissioner or the director of public works or 57 any other authority having jurisdiction over highways may decrease 58 the speed limits set forth in subsections (a) (1) and (a) (3) of this 59 section and may increase or decrease speed limits set forth in 60 subsections (a) (6) and (a) (7) of this section. ::md !!lay establisR 61 Qaifferentiated speed limits for daytime and nighttime may also be 62 established by decreasing for nighttime driving the speed limits 63 set forth in subsections (a) (1) through (a) (3) of this section and 64 by increasing for daytime or decreasing for nighttime the speed 65 limits set forth in subsections (a) (6) and (a) (7) of this section. 66 Such increased or decreased speed limits and such differentiated 67 speed limits for daytime and nighttime driving shall be effective 68 only when prescribed after a traffic engineering and traffic 69 investigation and when indicated upon the highway by signs; 70 provided, the increased or decreased speed limits over highways 71 under the control of the state highway and transportation 72 commissioner shall be effective only when prescribed in writing by 73 the highway and transportation commissioner and kept on file in the 74 central office of the department of highways. Whenever the speed 75 limit on any highway has been increased or decreased, or a 76 differential speed limit has been established and such speed limit 3 77 is properly posted, there shall be a rebuttable presumption that 78 the change in speed was properly established in accordance with 79 this ordinance and Virginia State Code ~ 46.2-878. 80 81 82 Adopted by the City Council of the City of Virginia Beach, 83 Virginia, on this 11th day of May, 2004. 4 - 38- Item V-KJ.c. ORDINANCES/RESOLUTIONS ITEM # 52560 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND and REORDAIN the City Code: H 21-426 and 24-429 Towing vehicles from private property Voting: 7-4 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Margaret L. Eure, Reba S. McClanan, Mayor Meyera E. Oberndorf and James L. Wood Council Members Absent: None May 11, 2004 REQUESTED BY COUNCILMEN MADDOX AND DIEZEL 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS OF 2 THE VIRGINIA BEACH CITY CODE PERTAINING TO 3 TOWING OF VEHICLES FROM PRIVATE PROPERTY. 4 5 SECTION AMENDED: ~~ 21-426, 21-429 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 21-426. Charges for towing and storage of vehicle; 13 receipt required. 14 (a) No tow truck service or operator operating within the 15 city shall, at any time, charge a basic towing fee greater than the 16 fees set forth below: 17 TABLE INSET: 18 Gross weight of vehicle Maximum fee 19 11,000 pounds or less $ 75.00 $85.00 20 11,001 pounds or more 285.00 21 The basic fee shall be inclusive of any additional towing 22 services such as the use of a dolly. This subsection shall apply 23 only when a vehicle is moved or towed without the prior consent and 24 agreement of the owner or custodian of the vehicle. 25 (b) No tow truck service or operator shall assess any charges 26 for storage for the initial twenty-four (24) hours, nor charge more 27 than fifteen twenty dollars ($15.00) ($20.00) per twenty-four-hour 28 period thereafter, for any vehicle with a gross weight of 11,000 29 pounds or less removed from private property without the consent of 30 the owner or custodian of the vehicle, whether such tow originates 31 in this city or any other jurisdiction. For vehicles with a gross 32 weight of more than 11,000 pounds, a storage fee not to exceed 33 twenty dollars ($20.00) per twenty-four-hour period may be assessed 34 after the first twenty-four (24) hours. Delays caused by storage 35 yard personnel shall not be included when computing storage 36 charges. 37 (c) If any vehicle is not redeemed wi thin seven (7) days 38 after it is towed, the tow truck service shall be entitled to 39 recover an additional fee, not to exceed fifty dollars ($50.00), as 40 payment for the cost of any search conducted to determine the 41 registered owner and lien holder, if any, of the vehicle. 42 (d) No tow truck service or operator shall charge any fee for 43 mileage, or any other fee in addition to the basic towing fee set 44 forth in subsection (a) above. 45 (e) A monetary receipt for each and every fee collected must 46 be given to those persons whose vehicles have been towed by a tow 47 truck service, or released after hook up, upon release of the 48 vehicle. The information on the receipt must be clearly legible and 49 include the time, date and place of the tow, the name of the tow 50 truck operator who made the tow, and the name of the tow truck 51 service for which said operator works. The receipt must also list 52 the amount of money paid for the release of the vehicle, any 53 additional charges incurred in the tow, and the reason for said 2 54 additional charges. The following shall be printed conspicuously on 55 every receipt: "NOTICE: Virginia Beach City Code fii 21-426(f) 56 requires the tow company to offer you a Survey and Comment Form 57 with this receipt." A copy of the receipt must be retained by the 58 tow truck service for a period of one (1) year and shall be made 59 available for inspection by city police or the commissioner of the 60 revenue during normal business hours of the tow truck service 61 owner. 62 (f) A Survey and Comment Form, developed by the Towing 63 Advisory Board, shall be offered to those persons whose vehicles 64 have been towed by a tow truck service, or released after hookup, 65 upon release of the vehi.cle. 66 67 Sec. 21-429. Miscellaneous prohibited acts by tow truck 68 service or operator. 69 Except when acting as an agent in the legal repossession of a 70 vehicle, it shall be unlawful for any tow truck service or operator 71 to: 72 (1 ) Tow or otherwise move a vehicle from any area or portion 73 of a public street without either the consent of the owner or 74 custodian of the vehicle or authorization from a police officer or 75 other designated official of the city. 76 (2) Block the movement of or tow or otherwise move a vehicle 77 from any private road, driveway or any other privately owned land 3 78 or property within the city without the consent of the owner or 79 custodian thereof, unless: 80 (i) The vehicle is parked in a designated parking space of a 81 decal-controlled parking area and is not displaying a decal or 82 other form of authorization issued by the owner, lessee or agent of 83 such parking area; 84 (ii) The vehicle is parked in a designated parking space of a 85 non-decal-controlled parking area during any period when the 86 business (es) serviced by the parking is (are) open, and the tow 87 truck operator obtains the written consent of the owner, lessee or 88 agent of such parking area prior to towing the vehicle; or 89 (iii) The vehicle is parked in a non-decal-controlled 90 parking area during any period when the business (es) serviced by 91 the parking area is (are) closed, and towing is enforced twenty 92 four (24) hours a day by such business(es); or 93 (iv) The vehicle is parked on any portion of a parking area in 94 such manner as to block ingress or egress to the parking area, or 95 to block access to a dumpster or properly marked service or 96 delivery area, or is otherwise parked in a portion of the parking 97 area that is not specifically designated, by lines, curbs or 98 similar markings, as an area for the parking of vehicles. 99 No vehicle shall be towed pursuant to subsections (i) (ii), 100 (iii), or (iv) unless there is a written contract between the tow 101 truck service and the owner, lessee or agent of the parking area to 4 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 remove all unauthorized vehicles from the parking area, the tow truck operator has a copy of such contract in his or her possession, and the owner, lessee or agent has complied with all of the signage requirements set forth in section 21-422. (3) Tow or otherwise move a vehicle from any private road or driveway, or from any other privately owned land or property within the city to a place out of the city without the consent of the owner or custodian of the vehicle; provided that, after a period of not less than twenty-four (24) hours following the initial towing of a vehicle, as recorded in the police dispatcher's log, any such vehicle may be moved to a storage area located outside of the city, with prior notification to and approval of the police department. Notwithstanding the above, if a tow truck service or operator owns or leases a storage area located outside of the city, and such storage area is closer to the location from which a vehicle is towed than the closest in-city storage area owned or leased by the tow truck service or operator, such vehicle may be initially towed to the storage area located outside of the city, provided the tow truck service or operator is authorized to do business in both cities, charges a fee not greater than that fee authorized in Virginia Beach and invoices the tow in Virginia Beach. (4) Block any vehicle, other than when on the property of the tow truck service, to prevent the movement thereof by its owner or 5 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 custodian who has appeared prior to the vehicle being hooked up and desires to move the vehicle. (5) Wait for employment by standing or parking on public property. (6) Drive a tow truck or wrecker along any street to solicit towing. (7) Tow or otherwise move a vehicle from any place in the city utilizing a wrecker or tow truck which is not insured as required by section 18-55.1 of this Code. (8) Provide false information to any police dispatcher concerning any vehicle towed. (9) Require the owner of any towed vehicle to wait for a period exceeding two (2) hours for release of a vehicle. Any delay over two (2) hours caused by failure to monitor or respond to calls placed to the operator's designated telephone number shall constitute a violation of this section. (10) Move any vehicle to any intermediate place of storage, or to any location other than to the registered secure storage yard of a tow truck service, unless specifically requested by the owner or custodian of said vehicle. (11) During the initial twenty-four (24) hours after the vehicle is towed and upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items, whether or not the 6 149 owner or custodian is then able to reclaim the vehicle. After the 150 initial twenty-four (24) hours has expired and upon the request by 151 any owner or custodian of a currently licensed vehicle, no tow 152 truck service or operator shall refuse to allow such owner or 153 custodian access to such vehicle once per day between the hours of 154 8:00 a.m. and 5:00 p.m. 155 (12) Assess any charge or fee in excess of, or in addition to, 156 the charges and fees authorized by this division. 157 (13) Fail to provide a monetary receipt, for each and every 158 fee collected, containing the notice provision outlined in 321- 159 426 (e) . 160 (14) Fail to make the Survey and Comment Form developed by the 161 Towing Advisory Board available when the vehicle is retrieved. 162 163 Adopted by the City Council of the City of Virginia Beach, 164 Virginia, on this 11~ day of May, 2004. 7 - 39- Item V-K.2. ORDINANCESIRESOLUTIONS ITEM # 52561 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance ofit's contract obligations in the maximum amount of$116,154 (property of Dianna Conte and Patricia Ange on Baum Road). Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 11, 2004 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $116,154 WHEREAS, pursuant to the Agricultural Lands Preservation 11 Ordinance (the "Ordinance"), Appendix J of the Code of the 12 City of Virginia Beach, there has been presented to the City 13 Council a request for approval of an Installment Purchase 14 Agreement (the form and standard provisions of which have been 15 previously approved by the City Council, a summary of the 16 material terms of which is hereto attached, and a true copy of 17 which is on file in the City Attorney's Office) for the 18 acquisition of the Development Rights (as defined in the 19 Installment Purchase Agreement) on certain property located in 20 the City and more fully described in Exhibit B of the 21 Installment Purchase Agreement for a purchase price of 22 $116,154; and 23 WHEREAS, the aforesaid Development Rights shall be 24 acquired through the acquisition of a perpetual agricultural 25 land preservation easement, as defined in, and in compliance 26 with, the requirements of the Ordinance; and 27 WHEREAS, the City Council has reviewed the proposed terms 28 and conditions of the purchase as evidenced by the Installment 29 Purchase Agreement; 1 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 1. The City Council hereby determines and finds that 34 the proposed terms and conditions of the purchase of the 35 Development Rights pursuant to the Installment Purchase 36 Agreement, including the purchase price and manner of payment, 37 are fair and reasonable and in furtherance of the purposes of 38 the Ordinance, and the City Manager or his designee is hereby 39 authorized to approve, upon or before the execution and 40 delivery of the Installment Purchase Agreement, the rate of 41 interest to accrue on the unpaid principal balance of the 42 purchase price set forth hereinabove as the greater of 4.5% 43 per annum or the per annum rate which is equal to the yield on 44 United States Treasury STRIPS purchased by the City to fund 45 such unpaid principal balance; provided, however, that such 46 rate of interest shall not exceed 6.5% unless the approval of 47 the City Council by resolution duly adopted is first obtained. 48 2. The City Council hereby further determines that 49 funding is available for the acquisition of the Development 50 Rights pursuant to the Installment Purchase Agreement on the 51 terms and conditions set forth therein. 52 3 . The City Council hereby expressly approves the 53 Installment Purchase Agreement andl subject to the 54 determination of the City Attorney that there are no defects 2 55 in title to the property or other restrictions or encumbrances 56 thereon which may, in the opinion of the City Attorney, 57 adversely affect the City's interests, authorizes the City 58 Manager or his designee to execute and deliver the Installment 59 Purchase Agreement in substantially the same form and 60 substance as approved hereby with such minor modifications, 61 insertions, completions or omissions which do not materially 62 alter the purchase price or manner of payment, as the City 63 Manager or his designee shall approve. The City Council 64 further directs the City Clerk to affix the seal of the City 65 to, and attest same on, the Installment Purchase Agreement. 66 The City Council expressly authorizes the incurrence of the 67 indebtedness represented by the issuance and delivery of the 68 Installment Purchase Agreement. 69 4. The City Council hereby elects to issue the 70 indebtedness under the Charter of the City rather than 71 pursuant to the Public Finance Act of 1991 and hereby 72 constitutes the indebtedness a contractual obligation bearing 73 the full faith and credit of the City. 74 Adoption requires an affirmative vote of a majority of 75 all members of the City Council. 76 Adopted by the Council of the City of Virginia Beach, 77 Virginia, on this 11th day of May , 2004. 3 CA-9228 H:\IOD\Agency\arp\acquisordin.conte\doc R1 April 19, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S7;iJi; /II/Vb) City Attorne~s Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ., f~ i' " . }~'" , \;" ; \'jl,\A{I,., l). ~.v Director of' Finance t 4 ( I , ARP application for Conte and Ange ""'" () o ~ ~ 1-1], 6-~ CHEjitPEAKE " CHESAPEAK CITY Property Location 3281 Baum Road AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2004-62 SUMMARY OF MATERIAL TERMS SELLER: CONTE, Dianna & ANGE, Patricia PROPERTY LOCATION: 3281 Baum Road, Princess Anne District PURCHASE PRICE: $116,154 EASEMENT AREA: 40.02 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (3 acquired) DURATION OF EASEMENT: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIP A. - 40- Item V-X3. ORDINANCES/RESOLUTIONS ITEM # 52562 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to AUTHORIZE the acquisition of properties andfurther authorize the City Manager to execute the appropriate documents: Princess Anne Roadfor Tidewater Community College expansion $3,750,000 537 S. Rosemont Road for Housing and Neighborhood Preservation from South Hampton Roads Habitatfor Humanity Inc. $ 36,685 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 11, 2004 1 2 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 3 PROPERTY LOCATED ON PRINCESS ANNE ROAD FOR 4 TIDEWATER COMMUNITY COLLEGE FROM MPB, ]NC. 5 6 WHEREAS, on December 11, 200], City Council authorized the City Manager to sign a 7 term sheet that provided for the City's participation in the expansion ofthe Virginia Beach campus of 8 Tidewater Community College; 9 WHEREAS, such term sheet authorized the purchase of six parcels surrounding the campus 10 of Tidewater Community College to allow for needed expansion; 11 WHEREAS, three properties on the north side ofthe campus have previously been acquired 12 for such purpose; 13 WHEREAS, on behalf of the City, the City Manager and City staff have engaged in 14 negotiations for the purchase of the three remaining parcels, which are owned by MPB, Inc. and 15 located on Princess Anne Road at the entrance to Tidewater Community College; and 16 WHEREAS, there is sufficient funding for the $3,750,000 purchase price in Capital 17 Improvement Project #3-262, Tidewater Community College Expansion, to acquire this property. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 I. That the City Council authorizes the acquisition, by purchase, of the property, 21 described and depicted on Exhibit A attached hereto. 22 2. That the City Manager or his designee is authorized to execute on behalf ofthe City 23 of Virginia Beach, an Agreement of Sale for the purchase ofthe property for the sum of$3,750,000 24 in accordance with the terms contained in the Summary of Terms attached hereto as Exhibit B and 25 in a form acceptable to the City Attorney. 26 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of May, 29 2004. CA-9188 F.',lhtaIATY\Folll15'COmmercill] I'rojects\TCC\Tt'CORD DOC April 30, 2004 Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY: b~Q,~ Management Services Approved as to Content: ~~~~. e ~tt)~'v-.. blic Works J ,", Ii ~.I "', I ,J~.,.J,..,I"-',!,,- . ,t.. ". '.~ "'" APR-19-2004 11:11 ~.'. rr.... k' . ../" .'/ ",.'" IJ,.:, - loU'>,.,.'- . !J.,(.,,,F"'.t..l 'Oi"'r/FY ' /./. ,.. ......... ......4"r: -'. ... .~~. ~;ji~' . ",' ',., ",r" '- vc..... . ',. '- --'~ -. ~. ... \. ". < .~ ' ,::i ~,,, i5'J '.. ;r "". I l' I .f........ .' .r' / - , ~. ".'" " ~ (.',,/ '. '/Pb-HI ;; \. , " ':1 , .../ 'f' ~ ~ "8'-2.: ;, : \' -," ': ~ 2- - -' I. t-..~ " i - -, , I jJl;IeK14~ir.i!S&f): ~~~'=~._...._._~' ill \ ~ffi-~~~ ,. ..,,:.I~.D..-\,...... J....- - ~ ,;.r / ~.:s.r .=....,.",. '-_. .~-- .....r"'" ,;-""" - '/91. (? ~'~ !J "y - ,'" fJQ ,~, ....... .,.....-~~'"'=-~I'~:.- ~.f' , Q t'..... l:." C. /' . '-.J ~- -..o, I j fi '. ~ ,,::,\t~ .J.... J ~_'..!!~~1/1....." /) '" ;;"~" .,~.......~ .-__.....__--~......... I, I -" '. 'r ;-', /..... -_"~"'..'.._/ '" '-' "\'. ,,,, .' ~J' ,Y ....-....---...if " .. t'/. ~_'. -:....../ ....~;:,. I: '. :/,- '::- 1'-0/:" ~..,' ;' 1/ '~'.. ,!~,:;;/ <:~;::~\~.~, !!~ ,__ ;:. _ _i~~~i ".\~ .. ~~ '\C , - ,; II ,--....-.: ..:;; ... II!I r "'.. ~I \ ~ .... - -,! '\ :;11 I:ii ~ I II ~Ji d! , JJ ....-- ._-,-' ..~, <......;/ ----- ~',;' I.. < >, - , , ~ ~~J .' i' I' .-, , , - '.t. "".. -: -1.... """,,:.' '1 .~ - -, ..:\.' ~. .~ ..i -- ,- eJ' -- J' \ ..:: P-I / ~D " " ,. / ~.._._~.--;"-; /' , r-. ,...," I -. -- "::or i I I \ " :'>.; '. ."', If;" I ~ ./ -' -~ ,. . ~ ,/ -' ..-........../'" :,' A ."/ '.: " (~) ..-. EXHIBIT B MPB, INC. - TIDEWATER COMMUNITY COLLEGE EXPANSION SUMMARY OF TERMS FEE SIMPLE OWNER: MPB, Inc. PROPERTY: 9.785 Acres on Princess Anne Road located at the entrance to TCC PURCHASE PRICE: $3,750,000 DEPOSIT: $25,000 (to be applied to Purchase Price) DUE DILIGENCE PERIOD: 90 Days to inspect the property for title, environmental and other issues to ensure satisfactory condition. SETTLEMENT: Within 90 days of execution of the Agreement of Sale by the City Manager. ATTACHMENTS: Term Sheet Agreement of Sale !;:\Data\A "rV\Forms\Commercial ProJects\ T( T\sot.doc AGREEMENT OF SALE THlS AGREEMENT OF SALE ("Agreement") is made as ofthis day of ,2004, by MPB, INC., a Virginia eorporation ("Seller"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Buyer" or "City"). WITNESSETH: In consideration of the covenants and agreements of the respective parties herein set forth and in further consideration of a deposit (the "Deposit") of Twenty-Five Thousand Dollars ($25,000JlO), cash in hand paid, receipt of which is hereby acknowledged, Seller hereby agrees to sell, and Buyer hereby agrees to purchase the fo llowing described property (hereinafter the "Property") to wit: Approximately 9.7850 acres of unimproved real property located on Princess Anne Road at the entrance to Tidewater Community College (comprised ofGPIN:1485-44-2l54 = 2.632:+: acres; GPIN: 1485-34-9414 = 3.959:+: acres; GPIN: 1485-34-6667 = 3. 194:+: acres) as depicted on Exhibit A attached to this Agreement. The actual boundaries and final acreage of the Property shall be as depicted on the physical survey (the "Survey") of the Property to be obtained by Buyer at Buyer's expense. Seller shall have the right to review and approve the Survey. L Purchase Price. The total consideration is as follows: THREE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NOnOO DOLLARS ($3,750,000.00) (the "Purchase Price") for the Property. The Purchase Price is to be paid in lawful money of the United States of America as follows: a. The Deposit shall be paid by Buyer to _ as Escrow Agent (the "Escrow Agent") upon execution of this Agreement by all parties. The Escrow Agent shall hold the Deposit in a non-interest bearing account in accordance with the tem1S of this Agreement, with the Deposit to be applied to the Purchase Price at the time of Settlement, as hereinafter defined, or otherwise applied as provided in this Agreement. b. The balance of the Purchase Price shall be paid by wire transfer of funds or in cash or by certified check at the time of Settlement. 2. Due Dilil!ence. a. Buyer is hereby granted ninety (90) days from the date of full execution of this Agreement by all parties (the "Due Diligence Period") (i) to inspect the Property and to perform such tests and examinations as the Buyer deems advisable, including, without limitation, soil and environmental tests, in order to determine that the soils and subsurface conditions of the Property are suitable, in the reasonable opinion of Buyer, for Buyer's intended use, and to determine the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property and (i i) to make investigations with regard to matters of agreement of sale v2.doc 04/30/04 survey, flood plain, utilities availability, building code, and other applicable governmental requirements with regard to the Property and the use thereof. Seller shall furnish Buyer with copies of all surveys, title policies, environmental reports, etc. relating to the Property in Seller's possession or control, however, Seller makes no representations or warranties as to the completeness or accuracy thereof. b. If the Buyer determines during the Due Diligence Period that the soils and subsurface conditions of the Property are not suitable for its intended use, that the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property is unacceptable, or that any of its inspections, investigations and the like are unacceptable or unsatisfactory to Buyer, Buyer reserves the right to terminate this Agreement of Sale by giving Seller written notice of termination not later than 5:00 p.m. on the last day of the Due Diligence Period. Upon receipt of such notification, the Deposit shall be returned to the Buyer within 14 business days and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly providcd herein. 3. Settlement. a. Settlement proceedings ("Settlement") shall be conducted at the Office of the City Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia 23456. Settlement shall occur on the first business day following the expiration of the Due Diligence Period (the "Settlement Date"), or at such other earlier time as Buyer may elect with prior written notice to Seller. Buyer agrees to use commercially reasonable efforts to cause Settlement to occur on or prior to July 15,2004. Either party's failure to comply with the terms and provisions hereof at the time and in the manner herein prescribed shall be deemed a material breach of this Agreement. b. Seller hereby covenants and ab'fees to deliver or cause to be delivered to Buyer or Buyer's counsel on or prior to Settlement the following documents and instruments: i. A special warranty deed (the "Deed") conveying good, marketable and insurable fee simple title to the Property, free of all liens and encumbrances except any Permitted Exceptions. Seller shall be responsible for obtaining the release of the Property from the liens of any deeds of trust, judgments or items of similar nature. ii. A certification duly executed by Seller setting forth Seller's address and federal tax identification number and certifying that Seller is a "United States Person" and that Seller is not a "foreign person" in accordance with andlor for the purpose of the provisions of Sections 7701 and 1445 (as may be amended) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. 111 An Owner's Affidavit in form and substance satisfactory to Buyer's title company and Seller to enable the title company to issue its policies of title insurance without exception for mechanics' and/or materialmens' liens, assessments, parties in possession and matters typically addressed in Owner's affidavits. 2 agreement of sale v2.doc 04/30/04 c. Seller on or pnor prorations. Buyer hereby covenants and agrees to deliver or cause to be delivered to to Settlement the Purchase Price and Buyer's share of closing costs and d. In addition to the obligations to be performed hereunder by the parties at Settlement, each party agrees to perfornl such other acts and to execute, acknowledge and deliver, subsequent to Settlement, such other instruments, documents and other material as the other party may reasonably request and shall be necessary in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer. However, notwithstanding the foregoing, Seller acknowledges and agrees that Buyer has certain powers, purposes and responsibilities by virtue of being a municipality, and as such, its ability to execute instruments and documents or to perform certain acts is limited by the laws of the Commonwealth of Virginia, including but not limited to, its defenses of sovereign immunity. Nothing herein shall be construed to waive any of the powers, purposes, responsibilities or defenses of Buyer as a municipality. 4. Premises Purchased As Is. Buyer purchases the Property "as is" and it shall be the responsibility of Buyer to determine whether or not there are any adverse environmental conditions, hazardous waste conditions, status as protected wetlands or endangered species, or other conditions that would prevent Buyer's proposed use of the Property. 5. Prorations. All rents, interest, taxes, utilities and other appropriate items shall be prorated and apportioned on a per diem basis as of the Settlement Date. Assessments, general or special in nature, pending or confirn1ed, shall be paid or satisfied in full by Seller at Settlement. 6. Settlement Costs and Expenses. a. Buyer shall bear cost of obtaining a title report for the Property and all other closing costs associated with Settlement including all recording costs, except for grantor's tax, and transfer taxes, and all title insurance premiums and its own attorney's fees and costs. b. Seller shall prepare thc Deed conveying title to the Property to Buyer and shall pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. c. Seller and Buyer each warrant and represent to the other that neither party has had any dealings, negotiations or communications with any brokers or other intermediaries that would obligate either one of them for the payment of any real estate commission or fee as a result of this transaction. 7. Title. a. Buyer shall have up to sixty (60) days Irom the date of execution of this Agreement by all parties to examine the record title to the Property, to fumish Seller with a title commitment (the "Title Commitment") and to notify Seller of any title objections disclosed by such examination (the "Title Objections"). Seller shall notify Buyer within ten (10) days after 3 agreement of sale v2.doc 04/30/04 receipt of Buyer's notice of any Title Objections that Seller elects not to cure or is unable to cure prior to the Settlement Date. Seller agrees to cure all other Title Objections prior to the Settlement Date. If Seller notifies Buyer of any Title Objections that it cannot or will not cure prior to the Settlement Date, then Buyer shall have the option either (i) to terminate this Agreement by written notice to Seller, in which case Seller shall return the Deposit to Buyer within fourteen (14) business days, and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly provided herein, or (ii) to accept any remaining uncured Title Objections. If Buyer does not exercise the option to terminate, Buyer shall accept title to the Property subject to such title defects. It is understood and agreed that any objections to title not raised by Buyer in accordance with this Paragraph 7 shall be deemed waived. b. If Seller fails to notify Buyer of its inability or election not to cure the Title Objections in accordance with Paragraph 7(a) above, then Seller shall be deemed to have elected to cure all Title Objections prior to Settlement. If Seller has failed to cure anyone or more of the Title Objections it has elected to cure prior to Settlement and is not diligently proceeding to complete such cure, then Buyer may, at its option, either (i) postpone Settlement until Seller has completed such cure, (ii) terminate this Agreement or (iii) agree to accept any remaining uncured Title Objections. c. All restrictions, rights-of-way, easements and encroachments ofrecord on the date of execution of this Agreement which do not constitute Title Objections or that are Title Objections which are either (i) cured by Seller or (ii) subsequently accepted by Buyer in writing as provided above shall be referred to collectively as the "Pennitted Exceptions". 8. Access/Ril!ht of Entrv. During the Due Diligence Period, Buyer, or its agents, contractors, representatives, successors and assigns shall be permitted access to the Property for the purpose of making such studies of the Property as necessary to determine feasibility of the Property for Buyer's planned use and to determine the existence of any adverse environmental matters or conditions. It is expressly agreed, howevcr, that: a. Such access shall be at Buyer's sole risk and expense; b. Seller shall not be responsible for and Buyer, to the extent permitted by law, shall indemnify and hold harnlless Seller, and its agents, employees, volunteers, servants and officials against any and all claims, obligations, demands, actions or suits for bodily injury or property damage by any person arising from such access or the conduct of activities on the Property by Buyer, its agents, contractors, representatives, successors and assigns; and c. Neither Buyer nor any of its agents or contractors shall suffer or cause to be created any lien or encumbrance arising from such activities, and Buyer shall repair any damage to the Property resulting from such access. The obligations set forth in this Paragraph 8 shall survive Settlement or termination ofthis Agreement. 4 agreement of sale v2.doc 04/30/04 9. Continl!encies. a. This Agreement and the obligations of Buyer hereunder shall be subject to the availability of funding, and nothing contained herein shall be construed as binding the Buyer to expend any sum in excess of appropriations made by the City, or to involve the Buyer in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. b. If anyone or more of the contingencies set forth below is not approved or effectuated, either party reserves the right to provide written notice to the other, not later than ten (10) days prior to the Settlement Date, that such party is terminating this Agreement. Upon rcceipt of such notification, neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly provided herein. (i) The City must appropriate funds for the purchase of the Property. (ii) The City Council must approve the acquisition of the Property and take all necessary action to complete the acquisition. (iii) The Board of Directors of Seller must approve the sale of the Property and take all necessary action to complete the sale. c. Nothing contained in this Agreement shall be deemed to require or obligate the City or the City Council (or any member thereof) to take any particular actions with respect to the proposed and intended actions contemplated hereby. 10. Seller's Representations. a. Seller hereby represents that it is the sole owner of the Property, holds good and marketable title to the Property and can convey same in accordance with the terms and conditions herein specified. b. Seller represents and warrants that (i) Seller is a duly organized, validly existing corporation in good standing undcr the laws of the Commonwealth of Virginia; (ii) Seller has the power and authority to enter into this Agreement; and (iii) the undersigned officer of Seller is duly authorized to execute and deliver this Agreement. c. Seller further represents that to its actual knowledge there are no agreements existing, written, oral, or implied, limiting or restricting development of the Property except as set forth in this Agreement or as limited by current zoning or in current documents ofrecord. d. There are no pending or, to Seller's actual knowledge, threatened judicial, municipal or administrative proceedings atTecting the Seller or any portion of the Property or affecting Seller's right to sell any portion of thc Propcrty. 5 agreement of sale v2.doc 04/30104 e. To Seller's actual knowledge, the Property is not in violation of any environmental laws. To Seller's actual knowledge, the Property does not contain any hazardous substances or hazardous materials as defined under applicable environmental laws, and the Property has not been used for the use, manufacture, storage, discharge, release or disposal of any ofthe foregoing. f. Seller's "actual knowledge" means Seller's current actual knowledge without the requirement for any independent investigation or inquiry. ll. Buver's Representations. Buyer represents that it intends to use the Property for the expansion of Tidewater Community College ('TCC"). Buyer agrees that it will not use the Property, or allow the Property to be used, for the provision of medical treatments or medical services to the public for a fee; provided, however, this restriction shall not apply to the use of the Property (i) as a medical educational facility or for instructional activities directly related to the educational mission ofTCC or (ii) as a health clinic providing medical services or treatment to students ofTCC or to the public, whether for a fee or not, so long as (x) such services or treatments are in conjunction with the educational mission ofTCC and (y) such services or treatments are not similar in nature to or in competition with those provided by Sentara Healthcare (or its successors). The foregoing restriction shall be included in the Deed. 12. Lel!al and Equitable Enforcement of Al!reement. a. In the event the consummation of the transactions contemplated herein fail to occur by reason of any default by Seller, Buyer shall have the right (i) to receive the return of its Deposit hereunder, or (ii) to seek specific performance of this Agreement. b. In the event the consummation of the transaction contemplated herein fails to occur by reason of any default of Buyer, except as specified in Paragraph 8, Seller shall have as its sole remedy, the right to retain Buyer's Deposit as liquidated damages, it being acknowledged and agreed that in such event it would bc difficult to ascertain the exact amount of Seller's damages. 13. Assil!nment. Buyer's rights under this Agreement may not be assigned, except to another governmental entity. Any assignment made herein by Buyer shall not be interpreted as an agreement to extend the Due Diligence Period, Settlement Date or any of the provisions of this Agreement. In the event of such assignment, Buyer shall not be relieved of any obligations under this Agreement. 14. Survival. Unless the context otherwise requires, the provisions of this Agreement, including any indemnification, covenants, agreements, representations or warranties, shall survive Settlement hereunder and delivery of the Deed. 15. Successors and Assil!ns. The tenns and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. 6 agreement of sale v2,doc 04/30/04 16. Notices. All notices, requests or other communications under this Agreement shall be in writing and shall be deemed duly given upon delivery to the following applicable addresses either (i) in person or by reputable overnight or other private courier (with receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile transmittal, provided that the notice shall also be sent, either by certified mail, return receipt requested, or by Federal Express or other reputable overnight courier service within one (1) business day after such facsimile transmittal, as follows: As to Buyer: City of Virginia Beach Attn: Steven Thompson 2405 Courthouse Drive, Building 1 Virginia Beach, Virginia 23456 Fax II: 757-426-5665 Copy to: Office of the City Attorney Attn: Jennifer V. Huelsberg 2412 North Landing Road, Building 20 Virginia Beach, Virginia 23462 Fax II: 757-563-1167 As to Seller: MPB, Inc. Attn: Donald V. Jellig 6015 Poplar Hall Drive, Suite 306 Norfolk, Virginia 23502 Fax II: 757-455-7756 Copy to: Stephen R. Davis, Esq. Willcox & Savagc, P.C. 222 Central Park Avenue, Suite 1500 Virginia Beach, Virginia 23462 Fax II: 757-628-5659 Addresses may be changed by written notice given pursuant to this provision. 17. Governinl! Law/Venue. This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate the Circuit Court of the City of Virginia Beach, Virginia as the proper venue for all litigation of issues relating to this Agreement. 18. Entire Al!reement and Modification. There have been no other promises, consideration or representations made which are not set forth in this Agreement. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of Seller and Buyer. 7 agreement of sale v2.doc 04/30/04 WITNESS the following signatures and seals: SELLER: MPB, INC., A Virginia corporation By: Donald V. Jellig, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of ,2004, by Donald V. Jenig, President ofMPB, Inc., a Virginia corporation, on its behalf. He is personally known to me. Notary Public My Commission expires. 8 ugreemcnt of sale v2.doc 04/30/04 BUYER: CITY OF VIRGINIA BEACH (SEAL) By: City Manager/Authorized Designee of City Manager ATTEST: Ruth Hodges Smith City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2004, by _ , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me. Notary Public My Commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of _,2004, by Ruth Hodges Smith, City Clerk ofthe City of Virginia Beach, Virginia, on its behalf. She is personally known to me. Notary Public My Commission expires 9 :Jgreement of sale v2.doc 04/30/04 Approved as to Content: Approved as to Form: Real Estate Agent City Attorney 10 <lgrcement ofsa1e v2.doc 04/30/04 Exhibit "A" Property Description 11 agreement of sale v2.doc 04/30/04 1 ORDINANCE NO. 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY LOCATED AT 537 S. ROSEMONT ROAD, VIRGINIA BEACH, VIRGINIA FOR $36,685 FROM HABITAT FOR HUMANITY 8 9 WHEREAS, the City of Virginia Beach Department of Housing and 10 Neighborhood Preservation ("Housing") has provided federal funds to South 11 Hampton Roads Habitat for Humanity, Inc. ("Habitat") for several years to purchase 12 lots on which to build houses that are targeted for low-income first-time homebuyers; 13 WHEREAS, in 2002 Habitat used $35,000 of these funds to purchase the lot 14 located at 537 Rosemont Road, Virginia Beach, Virginia (the "Property"); 15 WHEREAS, Habitat spent an additional $1,685 in water/sewer tap fees, 16 building permit fees, and real estate taxes; 17 1 18 WHEREAS, the City staff has recognized that the Property should be 19 purchased from Habitat, to be acquired in conjunction with the Rosemont Road re- 20 widening project; 21 WHEREAS, Habitat is willing to sell the Property and subsequently refund 22 $35,000 to the City as a refunding of a prior Federal grant; 23 WHEREAS, funds are available in the Traffic Safety Improvements, CIP # 2- 24 285 for this purpose; 25 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City 2 6 Council") is of the opinion that the acquisition of the Property would enable Habitat to 27 acquire a more suitable lot within the City; and 2 8 WHEREAS, there are financial and other advantages to the City to purchase 29 the property located at 537 S. Rosemont Road. 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 2 33 1. That the City Council authorizes the acquisition of the Property 34 shown on Exhibit A attached hereto from South Hampton Roads Habitat for 35 Humanity, Inc. 36 2. That the City Manager or his designee is authorized to execute on 37 behalf of the City of Virginia Beach, an agreement of sale for the Property for the sum 38 of $36,685, the terms of which shall include a provision for the repayment by Habitat 39 to the City of $35,000 to reimburse the City for federal funds that the City previously 40 provided to Habitat to fund its acquisition of the Property. 41 3. That the City Manager or his designee is further authorized to 42 execute all documents that may be necessary or appropriate in connection with the 43 purchase of the Property, so long as such documents are acceptable to the City 44 Manager and the City Attorney. 45 3 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 7 ~hday of May ,2004. 48 49 50 51 52 CA9182 date: April 20, 2004 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ 53 54 55 56 57 58 59 60 61 62 :~ 'J/.'/W\~<f c.cY~/r- Jt*. 65 rh'~I~~ Works D 66 67 68 69 70 71 72 73 APPROVED AS TO CONTENT: F, \Data\ATY\Forms\Deeds\WORKING\Habitat for Humanity\CA9182. ord. doc 4 537 South Rosemont Road - EXHIBIT A . .. * Shopping Center Schools Municipal Center Parks & Recreation Centers Libraries & Museums -'--:'''''''''''--'-'---~.lZTT~ - I \ ", "$12SGbi'oDSTt5f1t D r8726~ooqo "" ", . . IADST\lN\i DR ',', ~ ~ :1, \, ,', 148589139,000 I " " . _1 I, I" \~16 S 01 AD~T NE D I I I I, I _..J l' I II ' '0\ ',\ Ii 'I ! \ I I II 6597183~OO? " I, " ! " 1Tl];:ORbEIRD " / " ; ! , " I \ I' \ '-'. " "', ", ", 14865S9120011Q 0411 1.24 OLD 1'oRGt' i " " ',' , " '.,' ,i , 14866811060000 ' , :17 S RO~E~ONT RD ) ;i! I / f Ii ',I l /:',// I' ".-....._1 /:'; ill l' --J :,/'/,~ i 14j6~8009tOOOO /'," , ;141 S Rj</lSEMO;NT Rl)\; i ;;IAB66~207300 / / i /" l" 5416/~' ROSEMON ________~~_~~/L__~_/[___~ ,. N , 1,1 ~~68219~ $A~.oSE1MO i - Points of Interests .. I!J Abc Subdivision Fire Stations Street o State Route IlrD'iJ'" G"", V36'3..? __J=_~-L~3~T:... __ SCALE 1: 1,155 ~-~~-~ . '------~--==r---.=-:-----:-. + 100 0 100 200 FEET I 300 /~ http://gis-server/amap/cvb . mwf Tuesday, April 20, 2004 11 :20 AM 537 South Rosemont Road - EXHIBIT A Points of Interests l i I I I Street o . i * Shopping Center Schools Municipal Center Parks & Recreation Centers '" m libraries & Museums Abc Subdivision K;,I Fire Stations State Route I - --_._.,._-----_._-----~_._- rT' \'12 ~"~';.;~;;;%Rii '72610~ - ----~ ADST N DR .,.-..1.... ... \ ,t 148tS8913.9..000 _, " 5\16 S-G AD~l' NE D \ " \ . I - ! . ~~ I 5 183 00 I . L'i) ?R E RD I, ("', '" , I" , 148~89.12060QO. /11 'I i~24 OLD F0.RGE:~ " '- ! , ! I ! 0"0 I?GiO Ii'D36' ___ / / :J.?,}... ;---~ \ '/7, _~~L I; 5#r:~~~M~~ 6 I ~Ll SCALE 1 : 1,155 N ~= 100 T o ---.----:-r 100 FEET htlp:llgis-server/amap/cvb .mwf :----=--~.:::----=--==:.::I 200 300 /~ Tuesday, April 20, 2004 11 :20 AM - 41- Item V-K.4.a. ORDINANCES/RESOLUTIONS ITEM # 52563 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, AS AMENDED*: Ordinance to DESIGNATE HAMPTON ROADS YOUTH HOCKEY ASSOCIA TION, INC, established as a benevolent organization to provide organized amateur hockey, as exempt from local real and personal property taxation 'Section 3a shall be DELETED: "(a) that the exempt property of Hampton Roads Youth Hockey Association, Inc., will continue to be used exclusively for benevolent purposes;" Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 11, 2004 AN ORDINANCE TO DESIGNATE HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC., AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Hampton Roads Youth Hockey Association, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hampton Roads Youth Hockey Association, Inc., as a benevolent organization within the context of ~ 6 (a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by Hampton Roads Youth Hockey Association, Inc., located within the City of Virginia Beach, and its real property located at 4915 Broad Street, that is used for benevolent purposes on a nonprofit basis is hereby exempt from local property taxation. 3. That this exemption is contingent on the following: (a) that each July 1, Hampton Roads Youth Hockey Association, Inc., shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is 1 required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; and (b) that every three years, beginning on July 1, 2007, Hampton Roads Youth Hockey Association, Inc., shall file with the Commissioner of the Revenue an application for continuation of the exemption. 4. That the effective date of this exemption shall be July 1, 2004. Adopted by the Council of the City of Virginia Beach, \-1''' AJ O_LV- Virginia, on the I . day of ~' 2004 APPROVED AS TO LEGAL SUFFICIENCY: 'i~(\(' s Of!f~ce 2 - 43- Item V-K.4.c. ORDINANCESIRESOLUTIONS ITEM # 52565 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED INDEFINITELY: Ordinance to DESIGNATE, PARADOCKS, INc., chartered "to provide charitable services for the disadvantaged and mobility-impaired, as exempt from local personal property taxation Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11, 2004 - 44- Item V-K.5.a. ORDINANCES/RESOLUTIONS ITEM # 52566 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into portions of the rights-of way of [nternational Parkway and Central Drive right-ofway by STIHL INCORPORA TED to construct and maintain a conduit for computer cables to provide a network between an existing building and a new building under construction in Oceana West Industrial Park (BEACH - DISTRICT6) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses. including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant agrees to submit and have approved a traffic control plan before commencing work in the encroachment area. May 11,2004 - 45- Item V-K.5.a. ORDINANCES/RESOLUTIONS ITEM # 52566 (Continued) 8. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Request for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 10. The applicant agrees that prior to issuance of a right-of way permit, the Grantee must post a bond or other security to be held no less than 24 months, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. 11. The applicant agrees that the Grantee will replace the sidewalk and/or bike path that is damaged during the construction of the Temporary Encroachment to the satisfaction of the City of Virginia Beach. 12. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 13. The applicant must submit for review and approval, a survey for the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or as built@ plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. May 11, 2004 - 46- Item V-K.5.a. ORDINANCES/RESOLUTIONS ITEM # 52566 (Continued) 14. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of,uch portion of the City's right-oj-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf. Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 PORTIONS OF THE RIGHTS-OF-WAY OF 6 INTERNATIONAL PARKWAY AND CENTRAL 7 DRIVE, BY STIHL INCORPORATED, A 8 DELAWARE CORPORATION, ITS RELATED 9 COMPANIES, ASSIGNS AND SUCCESSORS 10 IN TITLE 11 12 WHEREAS, Stihl Incorporated, a Delaware corporation, ("Stihl") desires to 13 construct and maintain a 2" conduit for computer cables in City's right-of-way known as 14 International Parkway for approximately 2,650 linear feet from its existing building 15 located at 601 Central Drive to its new building being constructed at 2525 International 16 Parkway, 17 WHEREAS, Stihl's new building site is presently owned by a holding company, 18 S,I. 103 LLC, a Virginia limited liability company, ("S.1. 103") which joins in the 19 encroachment request. The new building and site are in the process of being 20 transferred to Stihl. 21 WHEREAS, City Council is authorized pursuant to 9915.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's rights-of-way subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in gg 15.2-2009 and 27 15.2-2107, Code of Virginia, 1950, as amended, Stihl and S. I. 103 LLC, their assigns and 28 successors in title are authorized to construct and maintain a temporary encroachment for a 2" 29 conduit for computer cables in the City's right-of-way as shown on 30 the map entitled: "LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO 31 THE CITY OF VIRGINIA BEACH RIGHTS-OF- WAY OF INTERNATIONAL PARKWAY 32 AND CENTRAL DRIVE FOR STIHL INCORPORATED AND S.1. 103 LLC," a copy of 33 which is designated as Exhibit "A" and is on file in the Department of Public Works and 34 to which reference is made for a more particular description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Stihllncorporated, a Virginia corporation and S.1. 103, LLC, a 38 Virginia limited liability company (the "Agreement"), which is attached hereto and 39 incorporated by reference; and 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Stihl Incorporated and S.1. 103, LLC and the City Manager or his authorized 44 designee execute the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 11thdayof May ,2004. 47 48 49 50 51 52 53 54 55 56 57 58 59 PPROVED AS TO CONTENTS 1. /1["- C,'" NATURE PW Rrf.i( f~iati DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FO~ 0~Q:/r.? ~ ~ CITY ATTORNEY " PREPARED: 4/26/04 H:\F orms\Encroachment\Council Action\Stihl\ENC.doc CA CH gq 1496-75-1257 ~1 1'~- [ j ST1Hl.DGN M.j.S. o ,CT 1496-85-0581 o Z n:\ ;>0 ~ ::l --- ENCROACHMENT - APPROX. LOCATION OF 2" HDPE CONDUIT W/FIBER OPTIC & TWISTED PAIR COPPER CABLE (2650 L.F.:!::) 4%-8 -3991 ~ _/llLAIRSTATlOM oc_ UNrrmSTATESIlA'IY LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO THE CITY OF VIRGINIA BEACH RIGHTS - OF - WAY OF INTERNATIONAL PARKWAY AND CENTRAL DRIVE FOR STIHL INCORPORATED AND S.1. 103 LLC. SCALE: 1" = 400' PREPARED BY PAN ENG. CADD DEPT. APRIL 2004 I! :i ". PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-8II(aX3) : AND 58.1-81 I (cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 2:5.249 THIS AGREEMENT, made this 22nd day of April, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City"; and STIHL INCORPORATED, a Delaware corporation, and S.l. 103 LLC, a Virginia limited liability company, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even i though more than one. I , I WIT N E SSE T H: , i That, WHEREAS, Stihl Incorporated, is the owner of that improved parcel I ofland known as 601 Central Drive (GPIN 1496-75-2905) located in the Oceana West Industrial Park (the "Existing Stihl Site") Area No. (2). The Existing Stihl Site is designated and described as "Parcel 80" as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCELS 80, 82 AND RIGHT-OF-WAY DEDICATION BEING A SUBDIVISION OF A RESIDUAL PARCEL CONTAINING 37.986 AC. OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK D.B. 2216, PG. 2005-2007 AND DR 2610 PG 1998-1999 VIRGINIA BEACH DEVELOPMENT I AUTHORITY PRINCESS ANNE BOROUGH VIRIGNIA BEACH, VIRGINIA", dated I September 26,1988 and revised through December 6,1988, Scale 1"=100'; I 'I . That WHEREAS, S. 1. 103, LLC, is the owner of that parcel ofland known as 2525 International Parkway (GPIN 1496-73-5380) located in Oceana West Corporate Park, Areas NO.2 & 3, which site will house an expansion building for Stihl (the "Expansion Site"). The Expansion Site is designated and described as "Parcel 103" as shown on that certain plat entitled "PARCEL 1 03 AND PARCEL CN-2 BEING A RESUBDIVISION OF PARCEL CN GPINS 1496-75-2905 and 1496-73-5380 !I f! ! '(MAP BOOK 285 AT PAGES 61-62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61 - 62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61-62) FOR THE CITY OF :VIRGlNIA BEACH DEVELOPMENT AUTHROITY OCEANA WEST CORPORATE PARK [VIRGlNIA BEACH, VIRGlNIA", dated April 23, 2003, Scale: 1"=100'; i ! l WHEREAS, it is proposed by the Grantee to construct and maintain a 2" . I uried high density polyethylene ("HDPE") conduit for computer cables to house fiber optic and !twisted-pair copper cable, "Temporary Encroachment" to provide a computer network , I Iconnection between the Existing Stihl Site and the Expansion Site. i WHEREAS, in constructing and maintaining the Temporary I , Encroachment, it is necessary that the Grantee encroach into portions of City rights of way known as International Parkway and Central Drive, approximately 2,650 linear feet from 601 ICentral Drive to 2525 International Parkway "The Encroachment Area"; and I I I !Encroachment within The Encroachment Area. I I Ibenefits accruing or to accrue to the Grantee and for the further consideration of One Dollar 1($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to i I [the Grantee permission to use The Encroachment Area for the purpose of constructing and , WHEREAS, the Grantee has requested that the City permit a Temporary NOW, THEREFORE, for and in consideration of the premises and of the imaintaining the Temporary Encroachment. i i It is expressly understood and agreed that the Temporary Encroachment 'Iwill be constructed and maintained in accordance with the laws of the Commonwealth of : :Virginia and the City of Virginia Beach, and in accordance with the City's specifications and .1 :! : I approval and is more particularly described as follows, to wit: 2 A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO CITY OF VIRGINIA BEACH RIGHTS-OF-WAY OF INTERNATIONAL PARKWAY AND CENTRAL DRIVE FOR STUIL INCORPORATED AND S.l. 103 LLC", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment I herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) I days after the notice is given, the Temporary Encroachment must be removed from The !IEncroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such i i I removal. I I hold harmless the City, its agents and employees, from and against all claims, damages, losses I and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an I) r laction arising out of the location or existence of the Temporary Encroachment. II 11 " I' Ii . It is further expressly understood and agreed that the Grantee shall indemnify and It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of lany encroachment other than that specified herein and to the limited extent specified herein, nor I Ito permit the maintenance and construction of any encroachment by anyone other than the I IGrantee. It is further expressly understood and agreed that the Grantee agrees to maintain the 3 ! Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open , : cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right-of-way permit, the Grantee must post a bond or other security to be held no less then 24 for months, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. 1 It is further expressly understood and agreed that the Grantee will replace the I, I!sidewalk and/or bike path that is damaged during the construction of the Temporary I IEncroachment to the satisfaction of the City ofYirginia Beach. I : I It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary IbY the City, and all insurance policies must name the City as additional named insured or loss Ipayee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance iin an amount not less than $500,000.00, combined single limits of such insurance policy or I policies. The Grantee will provide endorsements providing at least thirty (30) days written 4 ;f notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, the said Stihl Incorporated, a Delaware corporation, has caused this Agreement to be executed in its corporate name and on its behalf by its president. i. 5 IN WITNESS WHEREOF, the said S.L LLC, a Virginia limited liability company has caused this agreement to be executed on its behalf by Fred 1. Whyte, President of Stihl Incorporated, a Delaware corporation, which is the Sole Managing Member of S.L 103 L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: City Manager! Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STIHL INCORPORATED, a D awar rporation , By: Fred J. Whyte, President S.1. 103, LLC a Virginia limited liability company BY: STIRL INCORPORATED, a Delaware corporation Fred J. Whyte, President ~ 6 I! : STATE OF VIRGINIA < CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. \ I j i Notary Public I My Commission Expires: I I STATEOF 0~-/~'cL I CITY/C~Y E5F Va. ..<?eae.4.. , to-wit i The foregoing instrument was acknowledged before me this .z LI day of /1;OJu'L ,2004, by Fred J. Whyte, President, on behalf of STIHL INCORPORATED, a Delaware corporation. 2JoA:.l~ C. :J}C?~ Notary Public My Commission Expires'. I! 3 1/ &S 7 v:; . /1v a... STATE OF A'~~ '. ;JLa~ CITY/C~Y cYF Ii 1/ //TUa. , to-wit: The foregoing instrument was acknowledged before me this ,2~ day of /1f7/U:l , 2004, by Fred J. Whyte, President of STlHL INCORPORATED, a Delaware corporation, which is the Sole Managing Member of S.1. 103, LLC, a Virginia limited liability company. 3o/t:l~ ~. :}a.eba Notary Public My Commission Expires: 1/3/ /.2005 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM \'... C >" ,Uitn}~;y , aiiJ..\tl\.. s'iGNATURE Pw REal EErcili DEPARTMENT ~~-~w ./) - H:\Forms\Encroachment\Council Action\Stihl\ENCROACHMENT.AGREEMENT.doc 8 W > ~ ~o :.....J ~-O:: g:+i ZO w... 0... if:; I (~: .. . 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"-..__ U IV OOG>..... l...L.....c:O a...OUO E o N U <.0 '" " u nOf"1-C Nano <t:oOlE >0-11'----0 -5 .~;6 ~ -5f'.-01@ C 0 "'<t <<:r (J1 (l) oll,..---.,.".-.., U OJgm f'.- r--- E (IN a I1J If)- ~f".f'.... '<t Q).~ '---''-'';-::: "<t::: (J1 . x 0 if) :J.':: Q) a E U)(.I) > I- u.... w u o o '" c::i ~ 0 ~ "' ... ~ '" ILl '" r.. ~ ...1 -0: 3 U g:: 1Jl i;:jf.... ug ;::: '0~ ~ ~;t: ~ 0 ;l::V1 P.. '"' -0: II l:2;:: 0:: .a ~'0 Cl u 05~ .S 0 ~a ~~ - 47- Item V-K.5.b. ORDINANCES/RESOLUTIONS ITEM # 52567 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of City's 20' utility and drainage easement re a new two story frame dwelling on pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL (BEACH - DISTRICT 6) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachmentfrom the Encroachment Area in the event of an emergency or public necessity. 4. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant agrees to obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the encroachment area. May 11, 2004 Item V-K.5.b. - 48- ORDINANCES/RESOLUTIONS ITEM # 52567 (Continued) 8. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days 'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 9. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. May 11, 2004 - 49- Item V-K.5.b. ORDINANCES/RESOLUTIONS ITEM # 52567 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE A 3 TEMPORARY ENCROACHMENT INTO A 4 PORTION OF THE CITY'S 20' UTILITY 5 AND DRAINAGE EASEMENT LOCATED 6 WITHIN THAT PROPERTY KNOWN AS 7 814 CLOSE AVENUE BY DAVID IRVIN 8 ANSELL AND AMANDA ANSELL, THEIR 9 HEIRS, ASSIGNS AND SUCCESSORS IN 10 TITLE 11 WHEREAS, DAVID IRVIN ANSELL and AMANDA ANSELL, desire to 12 construct and maintain concrete pavers, a walkway and steps into the City's 20' utility and drainage 13 easement, which crosses the westernmost portion of their property located at 814 Close Avenue, 14 Virginia Beach, Virginia 23451-4758 (GPIN 2417-90-7822). 15 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's 17 easements subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA 20 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-2009 and 21 152-2107, Code of Virginia, J 950, as amended, DA VIDIRVIN ANSELL and AMANDA ANSELL, 22 their heirs, assigns and successors in title are authorized to construct and maintain a temporalY 23 encroachment for concrete pavers, a walkway and steps into the City's 20' utility and drainage 24 easement as shown on the plat entitled "EXHIBIT SHOWING PROPOSED ENCROACHMENT 25 FOR SITE PLAN OF LOT C2 RESUBD1VISION OF PROPERTY, LOTS C & 26 D, PLAT OF RESUBDIVISION OF LOTS 8 THRU ) 5, INCL, BLOCK 53 MAP OF SHADOW 27 LAWN HEIGHTS", a copy of which is on file in the Department of Public Works and to which 28 reference is made for a more particular description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the City of 31 Virginia Beach and DAVID IRVIN ANSELL and AMANDA ANSELL (the "Agreement") which 32 is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORD AINED that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement. 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as DAVID IRVIN ANSELL and AMANDA ANSELL and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day 39 of May ,2004. 40 CA-9181 41 PREPARED: 03/17/04 APPROVED AS TO CONTENTS ~E~ C. ('~-r/,,- ,sIGNA TV (tV !\tit! f~-kd:r- DEPARTMENT 42 43 44 45 46 47 48 49 APPROVED AS TO LEGAL ~~~:C~ CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58. I -8 I 1 (a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 31" day of March, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DA VID IRVIN ANSELL, a/k!a DAVID I. ANSELL and AMANDA ANSELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantees". WIT N E SSE T H: That, WHEREAS, David Irvin Ansell is the owner of that certain lot, tract, or parcel ofland designated and described as 814 Close Avenue, Virginia Beach, Virginia 23451-4758; WHEREAS, it is proposed by the Grantees to construct and maintain concrete pavers (approx. 35' long and 7.6' wide) for the expansion ofthe existing driveway, a walkway (approx. 9' long and 7.6' wide) and 2 steps (approx. 16" high and 7.6' wide), "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantees encroach into a portion of an existing 20' City utility and drainage easement located along the Western property line of the subject property, "The Encroachment Area"; and WHEREAS, the Grantees have requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2417-90-7822 , " f .~ NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantees and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantees permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERTY, LOTS C & D, PLAT OF RESUBDIVISION OF LOTS 8 THRU 15, INCL, BLOCK 53 MAP OF SHADOW LAWN HEIGHTS", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantees, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area , by the Grantees; and that the Grantees will bear all costs and expenses of such removal. Providing however, nothing herein shall prohibit the City from immediately removing, II .1 or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The II II II (i Encroachment Area in the event of an emergency or public necessity. 2 It is further expressly understood and agreed that the Grantees shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantees. It is further expressly understood and agreed that the Grantees agree to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantees must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantees must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantees also agree to cany comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The I' Grantees will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantees assume all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 J" I ~ I I I I and approval, a survey of The Encroachment Area, certified by a registered professional engineer I I or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a , ! II registered professional engineer, if required by either the City Engineer's Office or the Engineering I. Division of the Public Utilities Department. I It is further expressly understood and agreed that the Grantees must submit for review It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the Grantees, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantees to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, DAVID L ANSELL and AMANDA ANSELL, the said Grantees have caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: Ruth Hodges Smith, MMC City Clerk I 'I (SEAL) /,' . /', C(I'Nit-< t( a,^-x-ct AMANDA ANSELL (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _. day of 2004, by , City Manager/Authorized Designee of the City Manager I I of the City of Virginia Beach, Virginia, on its behalf He/She is either personally known to me or has produced a .. _ as identification. " - L ---._~ Notary Pt:r&iic , My commission expires: 5 11 i STATE OF VIRGINIA I .1 CITY OF VIRGINIA BEACH, to-wit: i I The foregoing instrument was acknowledged before me this _ day of I I 2004, by Ruth Hodges Smith, MMC, City Clerk of the City of Virginia Beach, Virginia, on its I I behalf He/She is either personally known to me or has produced a \i as identification. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this :3 I f-f:> day of [tela (-C~ , 2004, by DAVID I. ANSELL He is either personally known to me or has produced a Vi ~D ,VI i vl :"}i IJ8t:S {i lUlU as identification. / --- r , I My Commission Expires: .'Y- "o;;:;m'l".'^" ',""'I'[re5 Marc;1 Jl , 2.0;'1'3 fiW! \I l.1 ...~M...~ ..,,,>. 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: '-3 S'(, The foregoing instrument was acknowledged before me this , , day of IhciY<'I'l ,2004, by AMANDA ANSELL. She is either personally known to me or has produced a ~i~t!lADnve:/;:. {(a?4KZ- as identification. r I ! { My Commission Expires: My C{Jmmlss!on Expires Mm'(~1131. 20D8 i I , I II I I APPROVED AS TO LEGAL SUFFlCIE. Y ~]... ..-<--~. ~. CITY ATTORNEY APPROVED AS TO CONTENT ;/"\ "~~.,, /.1../-' ~0' 1"11 Id Ill'" ,. . (~ 1II!:O,1, CtTY REAL EST ATE AGENT 1 II Rev. 03-24-04 7 LAKE RUDEE r - 8S':t I..., GPIN: 2417 90 - - ---- -~ '" co ~ :..::; <J '" Q:-2 ~~ <0 ") '" co Q)I:::~ ~~"! .~ - CI 40 , o GRAPHIC SCALE ~......~ ~$;'Lr~H 0"--..... ~O ,~ ~ J ,'j..,~ PAUL R. SIMK')>: + t No. 002546 : ~ O(/Z9/04; "'~-1Nn SU1l~O~/ ............... ,JOR it: 037?709 OWNER: DAVID I. ANSELL 814 CLOSE AVENUE VIRGINIA BEACH, VA 23451 PROPERTY ADDRESS: 814 CLOSE AVENUE EXHIBIT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERTY, LOTS C & 0, PLAT OF RESUBDIVISION OF LOTS 8 THRU 15, INCL., BLOCK 53 MAP OF SHADOW LAWN HEIGHTS DATE: JAN. 29, 2004 SCALE: 1"=40' PRECISION MEASUREMENTS, INC. SURVEYORS . GPS . GIS . MAPPERS 851 SEAHAWK CIRCLE, SUITE 103 VIRGINIA BEACH, VIRGINIA 23452 (757) 368-0945 40 80 REFERENCES: D.B. 3271, PG. 983 D.B. 3434, PG. 2140 M.B. 93, PG, 21 MERIDIAN IS BASED ON: M.B. 93, PG. 21 ACAD: ANSFI I -EXHI8IT.DWG LOCATION MAP SCALE: 1"=2000' EXHIBIT "A" ::onc Base) 20/ UTILITY & DRAINAGE EASEMENT -", ~ ~ LAKE # 814 RUDEE GPIN # 2417-90-7822 LOCATION MAP SHOWING '-'JJJ~ /' PROPOSED ENCROACHMENT INTO AN EXISTING 20' CITY UTILITY AND DRAINAGE EASEMENT LOCATED AT 814 CLOSE AVENUE FOR DAVID I. ANSELL AND AMANDA ANSELL SCALE: 1" = 200' CLOSE.DGN M.j.S. -" PREPARED BY P;W ENG. CADD DEPT. MARCH 2004 r -- LAKE RUDEE .... -- CI LOCATION MAP SCALE: 1"=2000' Pin (F) STEP DOWN TO GRADE (STEPS CANNOT EXCEED 16' ABOVE: PROPOSED GRADE) 01 I[ OF 20' UT/LlT( & 'o.S' DRAINAGE EASEMENT PROPOSED CLOSE A VENUE (50' R/W) 40 , o GRAPHIC SCALE ............. ~~$t.LTH Op-~ O~ ~.." ~ , ~ j , ."1-, . PAUL R. 81M K .~ . . . \ No. 002546 : ~. I/Z9/04-! ~ SUR~t/ ....... JOB #: 0322709 EXHIBIT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERTY, LOTS C & D, PLAT OF RESUBDIVISION OF LOTS B THRU 15, INCL.. BLOCK 53 MAP OF SHADOW LAWN HEIGHTS DATE: JAN. 29, 2004 SCALE: 1"=40' PRECISION MEASUREMENTS, INC. SURVEYORS . GPS . GIS . MAPPERS 851 SEAHAWK CIRCLE, SUITE 103 VIRGINIA BEACH, VIRGINIA 23452 (757) 368-0945 40 ~~ ES ~ 80 REFERENCES: D,B. 3271, PG, 983 D.B. 3434, PG. 2140 M,B. 93. PG, 21 MERIDIAN IS BASED ON: M,B. 93, PG. 21 ACAD: ANSELL-EXHIBIT.DWG ~Cr'C Bese; OWNER: DAVID I. ANSELL 814 CLOSE'AVENUE VIRGINIA BEACH, VA 23451 PROPERTY ADDRESS: 814 CLOSE AVENUE - 50- Item V-K.5.c. ORDINANCES/RESOLUTIONS ITEM # 52568 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of Lake Wesley by JOSEPHM. and LORI ANNE HANLEY to MODIFY and maintain an existingflXed pier, floating pier, boat lift and mooring piles at 541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT 6) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant agrees to obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the encroachment area. May 11, 2004 Item V-K.5.c. - 51- ORDINANCES/RESOLUTIONS ITEM # 52568 (Continued) 7. Prior to issuance of a right-of- way permit, the applicant must past sureties in accordance with the project engineer '.I' cast estimate, to the Office of Development Services Center/Planning Department 8. The applicant shall obtain and keep in farce all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or lass payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days 'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment 9. The temporary encroachment must conform to the minimum setback requirements as established by the city. 10. The City, upon revocation of such authority and permission sa granted, may remove the temporary encroachment and charge the cast thereof to the applicant and collect the cast in any manner provided by law far the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant far the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. May II, 2004 - 52- Item V-K.5.c. ORDINANCES/RESOLUTIONS ITEM # 52568 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May II, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE A 3 TEMPORARY ENCROACHMENT INTO A 4 PORTION OF THE CITY'S PROPERTY 5 KNOWN AS LAKE WESLEY BY JOSEPH M. 6 HANLEY, JR. AND LORI ANNE HANLEY, 7 THEIR HEIRS, ASSIGNS AND SUCCESSORS 8 IN TITLE 9 WHEREAS, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, desire to 10 modify an existing boat lift and pier upon the City's property known as Lake Wesley. 11 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2- 12 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon 13 the City's property subject to such terms and conditions as Council may prescribe. 14 NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent thereof contained in 99 15.2- 17 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JOSEPH M. HANLEY, JR. and 18 LORI ANNE HANLEY, their heirs, assigns and successors in title are authorized to modify 19 construct and maintain a temporary encroachment for an existing fixed pier, floating pier, 20 boat lift, and mooring piles upon the City's property known as Lake Wesley as shown on 21 that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND 22 MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROATAN BEACH 23 BEACH DISTRICT VIRGINIA BEACH, VA(M.B. 37, PG.11) DATE: FEBRUARY 27,2003 24 REVISED: JUNE 20, 2003 REVISED: MARCH 10,2004", a copy of which is on file in the 25 Department of Public Works and to which reference is made for a more particular 26 description; and 27 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 28 subject to those terms, conditions and criteria contained in the Agreement between the 29 City of Virginia Beach and JOSEPH M HANLEY, JR. AND LORI ANNE HANLEY (the 30 "Agreement"), which is attached hereto and incorporated by reference; and 31 BE IT FURTHER ORDAINED, that the City Manager or his authorized 32 designee is hereby authorized to execute the Agreement; and 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 34 such time as JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY and the City Manager 35 or his authorized designee execute the Agreement. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th 37 day of Mav ,2004. 38 39 40 41 42 PPROVED AS TO CONTENTS (I' . ',.' l.- ~ SIGNATURE 71) M6i ['!.litrt DEPARTMENT 43 44 45 46 47 48 49 APPROVED AS SUFFICIEN ~ CIT LEGAL FORM CA-C\'&~ PREPARED: April 14, 2004 R:\Forms\Encroachment\Council Action\Hanley\hanley.ord.wpd "..D oG ~ U -~~- '" \ ~ \ \ lJ' \ , , , , , , , , , , ,_ -I.- -- ~ ~ :..\ - () .-- 0 () ~ --~\ ~~I LAKE WESLEY GPIN 2426.39.{)9 LOT24 VA DARE.DGN M.J.S. PREPARED BY VIRGINIA BEACH :CITY ATTORNEY'S OFFICE !EXEMPTED FROM RECORDA TION TAXES [UNDER SECTIONS 58.1-811(a)(3) rAND 58.1-81 1 (c)(4) REIMBURSEMENT , iAUTHORIZED UNDER SECTION 25-249 , I i THIS AGREEMENT, made this 8th day of April, 2004, by and between the CITY , I IOF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, JOSEPH M. , i IHANLEY, JR. and LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS I ,IN TITLE, "Grantee", even though more than one. , , , I : WITNES SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 24 as shown on that certain plat entitled: I"RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA.", dated !June, 1954, Scale: 1"=100', which plat is duly recorded in the Clerk's Office of the Circuit Court I , lof the City of Virginia Beach, Virginia in Map Book 37, Page 11, and being further designated , , land described as 541 Virginia Dare Drive, Virginia Beach, Virginia 23451; I WHEREAS, it is proposed by the Grantee to modify an existing fixed pier, Ifloating pier, boat lift and mooring piles "Temporary Encroachment", in the City of Virginia iBeach' I ' I I ! WHEREAS, in modifying and maintaining the Temporary Encroachment, WHEREAS, the Grantee has requested that the City permit a Temporary it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, 'The Encroachment Area"; and Encroachment within The Encroachment Area. ,GPIN 2426-39-0904 , !I NOW, THEREFORE, for and in consideration of the premises and of the :benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar I I ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant I Ito the Grantee permission to use The Encroachment Area for the purpose of constructing and I Imaintaining the Temporary Encroachment. ! i I iwill be constructed and maintained in accordance with the laws of the Commonwealth of i IVirginia and the City of Virginia Beach, and in accordance with the City's specifications and I lapproval and is more particularly described as follows, to wit: It is expressly understood and agreed that the Temporary Encroachment I I ! It is further expressly understood and agreed that the Temporary Encroachment I I (herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) Idays after the notice is given, the Temporary Encroachment must be removed from The IEncroaChment Area by the Grantee; and that the Grantee will bear all costs and expenses of such I removaL A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROAT AN BEACH BEACH DISTRCT VIRGINIA BEACH, VA (M.B. 37 PG. 11)," dated February 27, 2003 and revised through March 10, 2004, Scale 1" = 40', prepared by Waterfront Consulting, Inc., to which reference is made for a more particular description. i !hold harmless the City, its agents and employees, from and against all claims, damages, losses , It is further expressly understood and agreed that the Grantee shall indemnify and i and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. I' 2 '11 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of . any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the I Temporary Encroachment so as not to become unsightly or a hazard. I It is further expressly understood and agreed that the Grantee must obtain a permit I from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. ,( It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary II by the City, and all insurance policies must name the City as additional named insured or loss I payee, as applicable, The Grantee also agrees to carry comprehensive general liability insurance I in an amount not less than $500,000,00, combined single limits of such insurance policy or I , policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 1 ~ , It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOSEPH M. HANLEY, JR. and LORI ANNE HANELY, the said Grantee has caused this Agreement to be executed by their signatures. I Further, that the City of Virginia Beach has caused this Agreement to be executed in its name i . and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City II Clerk. II CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 citJu'(J Lori AMC Il""Crt STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, Notary Public My Commission Expires: STATE OF VIRGINIA I CITY OF VIRGINIA BEACH, to-wit: i The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA i BEACH. I I II My Commission Expires: II \ ~ jt :1 I! I Notary Public 5 STATE OF VIRbl!JJ/f ~ CITYt€OUNTY OF l)IR/-'INliI PFllcl,to-wit: The foregoing instrument was acknowledged before me this .U day of APRil ,2004, by JOSEPH M. HANLEY, JR. ~3(il _.- N tary Public My Commission Expires: ~-ef)s Ji d2.00'1 STATE OF rJpr;WJII CITY/COUNTY OF Ihu,I/JJIi 'fElit)/, to-wit: The foregoing instrument was acknowledged before me this K!/l day of !fP/?JL , 2004, by LORI ANNE HANLEY. My Commission Expires: /jUA-'l!0 I) ~ 00 7 I APPROVED AS TO CONTENTS i Ii I (i.. r- t - I iJ1lf1'kIJ \.'vj::l,VSf,., SIGNATURE PLo kfC:! Fddt DEPARTMENT , I , II i! ;1 'I 1. II ii II -, 'I' APPROVED AS TO LEGAL SUFFIECIENCY AND FORM ~~2 6 _----;c~;:~~---\----------\ _-- OfO' 01 -- E. If ~ -;iS1~G ~ ~ ,.,. '? PROPOSED ~ ~ PRIVATE PIER -flOOD2ESS- \ ~, \~, FACILITY CONSTRUCT AND ANCHOR FLOAT 32' 16 ACCORDING TO THE MANUfACTURER'S flOA T I' SPEClflCA TrONS. ~~..:' '..:~ ..:' > '--. ~ . y"" /' ... "////7; _____,,~ ~... -CON~ . _~ ~~'~b ~" ~~'--_______--- - UU<.HEt>.D 44' ~~, MHW AT BULKHEAD Q o (\ Pin;: _ MOORING' t-LoA r f:7~"l[S AND ~j/ o o '" Pi PC'R ' <0 , " ..... -, ...... LAKE WESLEY N/F CITY OF VIRGINIA BEACH .~ (:, N N " b Q . ~/ EX PIER FLOA 1 AND MOORING PILES o cr....,. _ N o 6' n 1 P. 11 , ~ RAMP ------ . - _,~ ~,~ ~'L z 0 en ID 0 .~ '" ci "' "'. a '" N --; W '" APO 1 '" APO 2 !'> <0 N '" '" N 0 '" a, </) 2-STY-BRK # 541 GPIN: 2426-39-0904-0000 WA TERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH. VA 23451 PHONE: (757) 425-8244 FAX (757) 313-9788 PLAN VIEW SCALE 1" = 40' LOT 24 l=110.00' R g38.37' VIRGINIA DARE DRIVE REVISED: MARCH 10, 2004 REVISED: JUNE 20, 2003 PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROATAN BEACH BEACH DISTRCT VIRGINIA BEACH VA (M.B 37 PC. 11) DA TE FEBRUARY 27, 2003 ---::.';: ~:;:-..", --.....;:.;. ~ .--- . . , ;...,>:: , ,,- , , , , r'- f , ~ :';~..+ -,'~ .~- ",;':" , , '''''''~ ';.,,'I;Jj"~ ,;;,- , ............ ",- - ~ r, ' ,~ti.. ~ . .-.t -i:; -. !*:' }\ ~ '; .....: - ~ ~.-~~;'r i s ~):::, ,~ ...... .". -.' -,;..:~.,-->.t,,~'~ ~,' - ~-.or ~ ~ . ~ -':;-~'::" 0". "',q \ ".,,->'- < -' ~~~ t ~' d.- t' - u .... 1-' ~:<j : . '" ~ ~, , ('')<0-' I t i . t:. ! i~ I -"'- _. , n H , Z ~_. i( : i n " ., n n ~ ;. 1 ~ ---~) . ; .\ :" , , , , , , '. . -' . HOL\..'( , , , , . . ~. ;" ". ,. - -.;.-. , , ~Vft.t . . . i ~ -._..~ () ;AI: o ~ P: f' z ~ ,.' ~PH" . Z J 01 ~ ~3 l . " ~ g~. I )>. --/ (I' L' ,c") -~- EL..M r ~, 1 , . ~ ! , , " I ,. C -< ,. C o C ., , ., " " r: , , ......,t > ..-:;.... ; . . , , ~ ~ '" , -=-:...... -"-- --~~ "'" ... ~ -.=;--~,"'-:O'F"__'~ ,:c. ':=:___~",.;;..~--..< .'~ . .\ \ , CAA':OLIN"- ..~' - ~..-- r ,,-<>' f"! ~~l ~ .' /..... ~". ..A "/--- ~ '7: t . ~Co& z"' ~ /i :-< .--"-- / ( , , 'T %~~~)-~:.'--' X" - ,.' ~~ '~E.- _~. / ,~- ,.co .'~~ ", / ;.(:- '- -:... --~:~ "/~=--~-~--~ ~/~ ~"h '..':7-~:.:::'~~. ~'-/-7'-- .,......--:~-"',"~, .~ - , L...... .-..::;,_ '" ~:'\ ,.... <:: l> Z o ,., ;xl !!! S 1'1 , . ~, ~,.. ,,:- .. ~ .,. ': , "VEt . . . ~ '" . / '. '" ",:. " 1 . " , } . . . . . ~ ~ ; ~ ~ , r > 7'- nl ; , .- ? ~ ,., ,., -tI.' .f ).-1 Z l' "( I": ;"~: ':- ~ i!r~ g; j? :JH.~ -;, : ~ l:r" a:.. f) Ii - . ;~I.L~ ~;" ,,' ..."' 1- -;: 1- ~,f ~ 'f'i t-l ~~~fj:~~~ " .. III -~ "'r' ~:,t Fj ~ , ,-; ~ ~ ~ ~ .. -... t..... _~ -?~ l> -il.d..~ / ./.< ~l$.t.- F ~~ ~ ~t1;' f- ,...- :::. - - ::{:~ : ~!~t . :;.# l:f.' .,.,.. ....&- >~j_i.! ..l..J f~ .. , .- ..~~.. - .' " --~--'--=-..:... ::1:.'-' --"'-- ;.::,..... :: - '~ ~] ~ ~.' , .~--- ,~ /" .~~. o/'. F -"-' , ;;.-...... .'. '. ~ ~ I + ~. I"~ ~ . , , .' , , '" :, " - bl ~ " " , '-......~ .<<.....' .';}.:' .~ '~';'----"',-" - ~ f "':.<"-;'~7 c." ";.' ;! ~1'~. .:. _ ;,-:;:;ii~~ . ,;f[F -;r ~ t' .,-; . ~ -,: !. -'J' -?..... ..l":'!-~- 0.:',,:- 2,-;'. ~~,. t; t!~~~ "-, ".- :1 1" !:~ < , ..! ,c;; " ~.~~~:l- , ,'" -~ ;f~-n , /......... s 1 " .: :/ -Lr ,j' .. . ?:;o .,~ , . . ! I _.____-------1' .. '"-t ''"'1-1- ~j . '!' :>';, -' "i , , ~" '- r .. :i, I. ". ': ~:i , . .---,;-0':'" - - .i . 4~ ;::-. .:<!. ~ - ,.'i...--'" - .........,..::::.~:...:. - 53- Item V-K.6.alc. ORDINANCES/RESOLUTIONS ITEM # 52569 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, Ordinances to AUTHORIZE franchises: ENTERTAINMENT, INC. for the use of City property at the Oceanfront and 15" Street re the Virginia Beach Fishing Pier GIOVANNI'S INC., tfa GIOVANNI'S RESTAURANT at 2006 Atlantic Avenue, and OCEAN FRIES, INC., fla KEIFER'S BAR & GRILL open air cafe at 2218 Atlantic Avenuefrom May 1, 2004, to September 30, 2004 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 1 ORDINANCE NO. 2 AN ORDINANCE TO GRANT A FRANCHISE TO 3 ENTERTAINMENT, INe. FOR THE USE OF CITY 4 PROPERTY AT THE OCEANFRONT AND 15TH 5 STREET FOR THE OPERA nON OF THE 6 VIRGINIA BEACH FISHING PIER 7 WHEREAS, on May 11, 1962. the City Council originally granted a twenty-year 8 franchise to Virginia Beach Pier and Amusement Company ("VBPAC")at the oceanfront and 15'h 9 Street for the construction and operation of a fishing and amusement pier (the "Virginia Beach 10 Fishing Pier"); 11 WHEREAS, since the expiration of the original twenty-year franchise, additional 12 five-year franchises have been granted to the VBPAC's successor, Entertainment, Inc.; 13 WHEREAS, the current franchise has expired and Entertainment. Inc. has expressed 14 a desire to continue to operate the pier and its related facilities; and 15 WHEREAS. Entertainment, Inc. and City staff worked with the City Attorney to 16 draft a franchise agreement for the regulation of the operation of the Virginia Beach Fishing Pier, 17 which Entertainment, Inc. has agreed to execute. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 l. That a franchise is hereby granted to Entertainment, Inc. to operate the 21 Virginia Beach Fishing Pier in accordance with all terms and conditions thereof. 22 2. That the City Manager, or his designee, is hereby authorized to execute the 23 franchise agreement with Entertainment, Inc. in accordance with the Summary of Terms attached 24 hereto. 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of 26 May ,2004. CA-9223 C:\Documents and Settings\meason\L.ocal Settings\Temp\ VBFPIER..ord. wpd R-I 02/13104 APPROVED AS TO LEGAL SU CY: .. 2 Proposed Short- Terrn Franchise for Virginia Beach Fishing Pier SUMMARY OF TERMS Grantor: City of Virginia Beach Grantee: Entertainment, Inc. Franchised Property: See Exhibit A property designated as "Pier Property" Term: One year commencing June 1, 2004 with two renewal terms of one year not to exceed May 31, 2007. In the event Grantee intends to extend the franchise beyond May 31, 2007 or apply for a new franchise, Grantee shall submit its plans for the development and improvement of the Pier Property no later than September 1, 2006. Franchise Fee: $14,000 annually payable on a quarterly basis Responsibilities of Grantee: · shall keep Pier and Pier Property in good condition and repair. . shall provide commercial liability coverage including product liability coverage in the amount of not less than $1,000,000 (CSL). · shall indemnify and hold harmless the Grantor for all claims, damages or losses resulting from Grantee's operation, occupancy and use of the Pier or the conduct of its operation, or resulting from the negligence or intentional acts or omissions of the Grantee. Permitted Uses: · rental and sale of bait and tackle for fishing. · one or more restaurants with a maximum area of 4,600 square feet each. · retail stores engaged in the sale of tourist-related merchandise, goods and/ or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. Rights and Responsibilities of Grantor: · shall have the right to inspect the Pier and the Pier Property at all reasonable times with or without notice to the Grantee. . shall have the right to cancel and terminate franchise or written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. . shall have the right, with no compensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishment, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: . From November I through January 6 each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, temporary junctions or fuse boxes and such other equipment needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". HIJ"",\VValJdei\WPlDZAIf"hingpier,trm.WJld DISCLOSURE STATEMENT II II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Entertainment, Inc., a Virginia corporation t'reS1Oent. KObert Lachman; Vlce Presldent Brian Murden; Vice President - Annette Durbin Smith; Secretary/Treasurer - Betty Lachman 2. List all businesses that have a that have a parent-subsidiari or affiliated business entitf reiationship with ihe applicant: (Attach list if necessary) Affiliated business: Virgin ia Beac.h FiRning ~ipr Tnr . a Virginia corporation 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent-subsidiari or affiliated business entitf relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Rezoning Application Page 10 of 11 Revised 10/1/2003 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) Legal Services: Troutman Sanders LLP 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101, 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package, ENTERT~NT,. ~.:.G (J By: ,~ 'iZ;", :tMCb-'-'\. '/flt!...6 c AP~~3~~~ROBE T LACHMAN, PRESIDENT 'Kob~t!?X- h.A-cH {.<<.f1 f.,t Print Name Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 11 of 11 Revised 10/1/2003 1 2 3 4 5 6 7 8 AN ORDINANCE GRANTING TWO FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES ON ATLANTIC AVENUE PURSUANT TO THE CITY'S PILOT PROGRAM FOR CERTAIN OPEN AIR CAFES WHEREAS, on March 23, 2004, the City Council 9 established, by Resolution, a Pilot Program to allow, on an 10 experimental basis, open air cafes to be located on the west 11 side of Atlantic Avenue between 20th and 23rd Streets between May 12 1, 2004 and September 30, 2004; and 13 WHEREAS, the aforesaid Resolution authorized the City 14 Manager to accept proposals for open air cafe franchises for the 15 area between 20th and 23rd Streets and to select, for presentation 16 to the City Council, the two proposals which in his opinion best 17 promote the objectives of the Pilot Program; and 18 WHEREAS, Giovanni's Inc., tla Giovanni's Restaurant 19 and Ocean Fries, Inc., tla Keifer's Bar & Grill have submitted 20 applications for open air cafes to be located at 2006 Atlantic 21 Avenue and 2218 Atlantic Avenue, respectively; and 22 WHEREAS, the City Manager has reviewed the aforesaid 23 applications and has determined that the proposals contained 24 therein best promote the objectives of the Pilot Program; 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 1. That a franchise is hereby granted to Giovanni's 28 Inc., tja Giovanni's Restaurant to operate an open air cafe at 29 2006 Atlantic Avenue from May 1, 2004 to September 30, 2004, 30 conditioned upon provision of an approved final site plan, 31 liability insurance coverage, a security bond and applicable 32 franchise fee, and upon compliance with all of the terms and 33 conditions of the Franchise Agreement and the ordinances and 34 regulations applicable to such franchise; and 35 2 . That a franchise is hereby granted to Ocean 36 Fries, Inc., tja Keifer's Bar & Grill to operate an open air 37 cafe at 2218 Atlantic Avenue from May 1, 2004 to September 30, 38 2004, conditioned upon provision of an approved final site plan, 39 liability insurance coverage, a security bond and applicable 40 franchise fee, and upon compliance with all of the terms and 41 conditions of the Franchise Agreement and the ordinances and 42 regulations applicable to such franchise. 43 3 . That the City Manager, or his duly authorized 44 designee, is hereby authorized to enter into on behalf of the 45 City the Franchise Agreements authorized by this Ordinance. 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of May 2004. 2 CA-9234 OIDjordresjpilotfranchiseawardordin R-l April 27, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL /x"C2 2~' (~/,U'i( A- Convention & Visitors Bureau 'UF/;i'jL M U We 1'( // City Attorney's Office 3 - 54- Item V-K.6.b. ORDINANCES/RESOLUTIONS ITEM # 52570 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE franchises: TRADEWINDS, LC and ROCKFISH SEA GRILL, L.L.c. tla ROCKFISH BOARDWALK BAR and SEA GRILL connector park cafiiat 1601 Atlantic Avenue, and 21 FUN L.L.C. tlaSHARXCAFE to operate a side street cafii' at 211 21" Streetfrom May 1,2004, to April 30, 2005 Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act S 2.2-3115 (E). (one of the two proposedfranchises 21 Fun, L.L.C, trading as "Sharx Cafe" and located at 21121" Street). Councilman Wood has an ownership interest in JD&W, Inc. JD&W, Inc. has performed work for related business entities of 21 Fun, L.L.C and is currently negotiating construction projects with 21 Fun, L.L.C Councilman Wood's letter of May /1, 2004, is hereby made apart of the record. May Jl, 2004 City of Vir-girlie :I3eecn JAMES L WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-6411 (757) 340-2082 May 11, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Abstention Pursuant to Section 2.2-3ll5(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3ll5(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion of, and vote on, an Ordinance to Grant Two New Franchises for the Operation of Open Air Cafes in the Resort Area. 2. One of the two proposed franchisees is 21 Fun, L.L.C., trading as "Sharx Cafe," and located at 211 21" Street. 3. The nature of my personal interest is that I have an ownership interest in JD& W, Inc. JD& W, Inc. has performed work for related business entities of2l Fun, L.L.C. and is currently negotiating construction projects with 21 Fun, L.L.C, 4. I wish to disclose my interest in this transaction and abstain from City Council's consideration of the matter. 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Smith -2- May II, 2004 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, ~~./j ,'Iv ~ & es L. Wood Councilmember JL W IRRl Enclosure 1 2 3 4 5 6 AN ORDINANCE GRANTING TWO FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA WHEREAS, the City has adopted, and incorporated into a 7 franchise agreement, regulations for the operation of open air 8 cafes on public property in the Resort Area; 9 WHEREAS, Tradewinds, LC and Rockfish SeaGrill, L.L.C., 10 as well as 21 Fun, L.L.C., have submitted applications for the 11 operation of two new open air cafes and have paid the required 12 application fee; 13 WHEREAS, representations made in the application 14 comply with the aforementioned regulations; and 15 WHEREAS, the Virginia Beach Convention and Visitors 16 Bureau and the Resort Advisory Commission have reviewed the 17 applications and determined that the proposed cafes will have no 18 detrimental effect on the public health, safety, welfare, or 19 interest, and will enhance the festive atmosphere in the Resort 20 Area. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 1. That a franchise is hereby granted to Tradewinds, 24 LC and Rockfish Sea Grill, L.L.C. to operate a connector park 25 cafe at 1601 Atlantic Avenue from May 1, 2004, to April 30, 26 2005, conditioned on provision by the grantees of an approved 27 final site plan, liability insurance coverage, a security bond 28 and applicable franchise fee, and on compliance with all of the 29 terms and conditions of the Franchise Agreement. 30 2 . That a franchise is hereby granted to 21 Fun 31 L.L.C., to operate an Atlantic Avenue side street cafe at 211 32 21st Street from May 1, 2004, to April 30, 2005, conditioned on 33 provision by the grantee of an approved final site plan, 34 liability insurance coverage, a security bond and applicable 35 franchise fee, and on compliance with all of the terms and 36 conditions of the Franchise Agreement. 37 3 . That the City Manager, or his duly authorized 38 designee, is hereby authorized to enter into agreements for the 39 franchises granted by this ordinance. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 11th day of May , 2004. CA-9238 GGjordresjresortopenaircafes.doc R-4 March 5, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -2Y~ ,Jl; J=- & Visitors Bureau ,./' ~ ---. Convention City Attorney Office 2 - 55- Item V-K.7. ORDINANCESIRESOLUTIONS ITEM # 52571 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED INDEFINITELY: Ordinance to APPROPRIA TE $80, 000 from the General Fund Balance to provide an interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 - 56- Item V-K.B. ORDINANCES/RESOLUTIONS ITEM # 52572 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROPRlA TE $ 70, 000 from the fund balance of the Oyster Heritage Trust to Planning's FY 2003-2004 operating budget to develop a plan for restoring oysters in the Lynnhaven Watershed. Voting: I I -0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May I 1,2004 1 AN ORDINANCE TO APPROPRIATE $70,000 FROM THE 2 FUND BALANCE OF THE OYSTER HERRITAGE TRUST 3 FUND TO DEPARTMENT OF PLANNING'S FY 2003-04 4 OPERATING BUDGET TO DEVELOP A PLAN FOR 5 RESTORING OYSTERS IN THE LYNNHAVEN WATERSHED 6 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That $70,000 from the fund balance of the Oyster Heritage 13 Trust Fund is hereby appropriated to the Department of Planning's 14 FY 2003-04 Operating Budget for the development of a plan for 15 restoring oysters in the Lynnhaven watershed. 16 17 Adopted by Virginia, on the the 11th Council day of of the May City of , 2004. Virginia Beach, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: flu/-",?? n~; cC7k<- (D City Attorn/y's Office F) n~A) ~ 0.JN~ Management Services CA-9239 OID/ordres/OYSTER HERITAGE ORD.doc R2 - April 30, 2004 - 57- Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 52573 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of My 25, 2004: Ordinance to TRANSFER $130,000from the General Fund Reservefor contingencies to the Planning's FY 2003-2004 operating budget re development of an urban design element for the Historic Kempsville Plan Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 - 58- Item V-KiO. ORDINANCES/RESOLUTIONS ITEM # 52574 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution re the annual ISSUANCE and SALE of $ 65, 000,000 General Obligation Public Improvement Bonds, Series 2004A. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2004A, HERETOFORE AUTHORIZED, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $65,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of $56,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May II, 1999, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal, economic and tourism and building projects, $49,647,407 of which bonds have been issued and sold; and WHEREAS, the issuance of $49,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2000, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $33,896,170 of which bonds have been issued and sold; and WHEREAS, the issuance of $57,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2001, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $38,103,830 of which bonds have been issued and sold; and WHEREAS, the issuance of $59,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2002, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $22,000,000 of which bonds have been issued and sold; and WHEREAS, the issuance of $61,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 2003, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold; and WHEREAS, the City Council has determined it is in the City's best interest to issue and sell $7,052,593 of the bonds authorized on May 11, 1999; $5,000,000 of the bonds authorized on May 9,2000; $19,596,170 of the bonds authorized on May 15, 2001; $15,000,000 of the bonds authorized on May 14, 2002; and $18,351,237 ofthe bonds authorized on May 13, 2003; and WHEREAS, it has been recommended to the City Council by representatives of Government Finance Associates, Inc. and ARD Government Finance Group (the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $65 ,000,000; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, general obligation public improvement bonds of the City in the maximum principal amount of $65,000,000 (the "Bonds") to provide funds to finance, in part, the cost of the various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements as more fully described in the ordinances authorizing the Bonds adopted on May 11, 1999, May 9, 2000, May 15, 2001, May 14, 2002, and May 13, 2003 (collectively, the "Project"), and costs incurred in connection with issuing the Bonds 2. Bond Details. The Bonds shall be designated "General Obligation Public hnprovement Bonds, Series of 2004A," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-l upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99% of the principal amount thereof (excluding any original issue discount) and (c) shall mature or be subject to mandatory sinking fund redemptions in annual installments beginning no later than December 31, 2005, and ending no later than December 31, 2024. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate 2 and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Letter of Representations such provisions of the Blanket Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time, at a redemption price equal to the principal amount of the Bonds, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount of the Bonds, such redemption premium to be determined by the City Manager. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for 3 redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the ul1Tedeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of its Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer as Registrar or an authorized officer or employee of any bank or trust company serving as successor the Registrar and the date of authentication noted thereon, S. Bond Form. The Bonds shall be in substantially the following form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds: Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. R-_ $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series of 2004A INTEREST RATE MATURITY DATE DATED DATE CUSIP % - ,2004 4 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each and , begilUling , at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Letter of Representations to DTC. This bond is one of an issue of $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The bonds have been authorized by ordinances adopted by the Council of the City (the "City Council") on May 11, 1999, May 9, 2000, May 15, 2001, May 14,2002, and May 13, 2003, and are issued pursuant to a resolution adopted by the City Council on [May 11], 2004, to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the bonds. Bonds maturing on or before , _, are not subject to redemption prior to maturity. Bonds maturing on or after , _, are subject to redemption prior to maturity at the option of the City on or after , _, in whole or in pmi at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [ Bonds maturing on , _, are required to be redeemed in part before maturity by the City on in the years and amounts set forth below, at a redemption price equal to the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date: 5 Year Amount Year Amonnt If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the bonds of a particular maturity are called for redemption, the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of and premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated , 2004. COUNTERSIGNED: (SEAL) 6 Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appomtmg , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified 7 bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, at its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in paragraph I, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in paragraph 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City CounciL 9. Notice of Sale. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, copies of which have been provided to the members of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been sold, for delivery to 8 each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule l5c2-l2 ("Rule l5c2-l2") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule l5c2-l2. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule l5c2-l2. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 ofthe Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section l4l(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section l4l(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section l4l(c) of the Code; provided, 9 however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM"), or either of them, in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12 promulgated by the SEC. Such continuing disclosure agreement shall be substantially in the form of the draft that has been provided to members of the City Council, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, this L day of May, 2004. 10 APPROVED AS TO CONTENT: C;?iA ~ILt 0 hl)~tiL~t- Finance Department CA-92 1 1 OID/ordresN AB2004GOBONDRES.doc Rl- April 30, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ~?; ~,<Jr. City Attorney's Office 11 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $65,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2004A Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"). in accordance with this Official Notice of Sale until 11:00 a.m., Local Time, on Wednesday, June 2, 2004 (the "Date of Sale"). In the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described below. Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 2:00 p.m., Local Time. Bid Submission Solely as an accommodation to bidders, electronic bids via BIDCOMPIPARlTY (the "Electronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMPIPARlTY as a communication mechanism to conduct the electronic bidding for the sale of $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A (the "Bonds"), as described herein. To the extent any instructions or directions set forth in BIDCOMPIP ARITY conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all arrangements with BIDCOMP/PARlTY, (ii) that BIDCOMPIPARlTY is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of BIDCOMP/P ARlTY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through BIDCOMPIP ARITY. Each bidder shall be solely responsible for making necessary arrangements to access the Electronic Bidding System for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMP/P ARlTY shall be responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, BIDCOMP/PARITY. For further information about BIDCOMP/PARlTY, potential bidders may contact BIDCOMP/PARlTY at 40 West 23,d Street, 5'h Floor, New York, New York 10010, telephone (212) 404-8102. In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to II :00 a.m., Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 427- 4302 or (757) 427-4135 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected. It is the responsibility of the bIdder to ensure that the bid is legible, that the bid is received not later than 11 :00 a.m., Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be rejected. The City's financial advisors (Government Finance Associates, Inc. and ARD Government Finance Group, collectively the "Financial Advisors") will verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The City's Financial Advisors will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the City nor its Financial Advisors will be responsible for bids submitted by facsimile transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile transmission will bear full and complete responsibility for the transmission of such bid. Each bid must be unconditional. Principal Redemption The Bonds will be general obligation bonds ofthe City, dated June I, 2004 (the "Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on July 15 in the years and amounts shown below. Due Julv 15 Amount Due Julv 15 Amount 2005 $3,250,000 2015 $3,250,000 2006 3,250,000 2016 3,250,000 2007 3,250,000 2017 3,250,000 2008 3,250,000 2018 3,250,000 2009 3,250,000 2019 3,250,000 2010 3,250,000 2020 3,250,000 2011 3,250,000 2021 3,250,000 2012 3,250,000 2022 3,250,000 2013 3,250,000 2023 3,250,000 2014 3,250,000 2024 3,250,000 Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption conunencing on July 15 of the first year which has been combined to form such Term Bond and continuing on July 15 in each year thereafter until the stated maturity of such Term Bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds of the maturity being redeemed. Description of the Bonds; Book-Entry Only System The Bonds will be issued by means of a book-entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), or its nominee, and inunobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certillcates registered in the name of Cede & Co. will be deposited with DTC. Interest on the Bonds will be paid semiannually on July IS and January IS, beginning January 15,2005, and principal on the Bonds will be paid annually on July IS, beginning July 15,2005, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of benelicial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time 2 by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepared, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case, either a successor depository will be selected by the City or Bond certificates will be prepared, executed and delivered. Optional Redemption The Bonds that mature or are subject to mandatory sinking fund redemption on or before July 15,2014, are not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after July IS. 2015, will be subject to redemption beginning July 15,2014, in whole or in part at any time, at the option of the City, upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. Iftess than all of the Bonds of a particular maturity are called for redemption, DTC or any successor securities depository will select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system is discontinued, the Bonds to be redeemed will be selected by the City Treasurer, who has been appointed registrar (the "Registrar"), by lot in such manner as the Registrar in its discretion may detennine. In either case, each portion of the $5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security The Bonds will be general obligations of the City, secured by a pledge of the City's full faith and credit and unlimited taxing power. Use of Bond Proceeds As described in more detail in the City's Preliminary Official Statement, dated , 2003, the Bonds are being issued for the purpose of providing funds for various public improvements and to pay the costs of issuance related to the Bonds. Bidding Rules; Award of Bonds Bidders may only bid to purchase all of the Bonds. Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth (1/20th) or one-eighth (!18th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 3 percentage points, and (b) the highest rate of interest stated for any maturity may not exceed 5.5% per annum. No bid for less than 99% of par plus accrued interest (computed on the basis ofa 360-day year and twelve 30-day months) from the Dated Date to the delivery of the Bonds shall be considered. The City reserves the right to reject any or all bids (regardless of the interest rate bid), to reject any bid not complying with this Official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. 3 As promptly as reasonably possible after the bids are received, the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with the Bonds. The successful bidder must seU to the public 10% or more in par amount of the Bonds from each maturity at the Initial Reoffering Prices or Yields. All bids will remain firm for a period of no less than five hours after the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City within such three hour period or, with the express consent of the bidders, such longer time period as deemed necessary. Unless aU bids are rejected, the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest cost shall be determined for each bid by (loubling the semiannual interest rate. compounded semiannually, necessary to discount the debt service payments from the payment dates to the Dated Date and to the bid price, such bid price excluding interest accrued to the date of settlement. If more than one bid offers the same lowest true interest cost, the successful bid will be selected by the City Manager by lot. The City reserves the right to reject any or aU bids and to waive any irregularity or informality with respect to any bid. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or conunitment therefor shaU be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. Good Faith Deposit Each bid must be accompanied by a certified or cashier's check for $650,000 drawn upon an incorporated bank or trust company authorized to transact business in the Commonwealth of Virginia or in the City of New York and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any Joss resulting from the failure of the successful bidder to comply with the terms of its bid. The check of the successful bidder will be deposited and credited toward the purchase price, and no interest will be allowed thereon to accrue to the benefit of the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returned promptly upon award of the Bonds. Bidders must also clearly indicate to whom the check should be returned in the event of an unsuccessful bid. In lieu of the check described above, the deposit may be in the form of a Financial Surety Bond in the amount of $650,000 payable to the City. The Financial Surety Bond must be from an insurance company acceptable to the City and licensed to issue such a bond in the Commonwealth of Virginia, and such Financial Surety Bond must be submitted to the City prior to the opening of the bids and must be in a form acceptable to the City. The Financial Surety Bond must identify each bidder whose deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then such successful bidder is required to submit its deposit to the City in the form of a cashier's or certified check or wire transfer not later than I I :00 a.m., Local Time, on the next business day following the award. If such deposit is not received by such time, the Financial Surety Bond may be drawn by the City to satisfy the deposit requirement. Bidders submitting an electronic or facsimile bid must deliver the good faith check (or, in lieu thereof, a Financial Surety Bond) by II :00 a.m., Local Time, on June 2, 2004, to Patricia A. Phillips, Director of Finauce, Virginia Beach Municipal Center, City HaU Building, Room 220. Virginia Beach, Virginia 23456. 4 Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about June 16,2004. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and (b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System" and "Tax Exemption" and in the columns "Price/ Yield" and "CUSIP No." on the inside cover), on the date of the Official Statement and on the date of delivery of the Bonds., were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made, not misleading. Such certificates will also state, however, that snch City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is not accurate. Certificate of Winning Bidder The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in final torm, as described below: A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). B. Selling compensation (aggregate total anticipated compensation to the underwriters expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described in Subpart A above). C. The identity of the underwriters if the successful bidder is a part of a group or syndicate. D. Any other material information necessary to complete the Official Statement in final form but not known to the City. Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G- 37 of the Municipal Securities Rulemaking Board (the "MSRB") with respect to the City and that a substantial amount of the Bonds of each mahIrity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (1) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in par amount of the Bonds of each maturity was sold to the public at the initial public offering price (such amount being sufficient to establish the sale ofa substantial amount of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the City assumes no responsibility for any CllSIP Service Bureau or other charges that may be imposed for the 5 assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwriter questionnaire and to the City the CUSIP numbers for the Bonds within two business days following the date of award. Official Statement The City will furnish the successful bidder at the expense of the City up to 500 copies of the final Official Statement within seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The successful bidder, by executing the Official Bid Form, agrees to provide one copy of the Official Statement to at least one Nationally Recognized Municipal Securities Information Repository ("NRMSIR") within the meaning of the Rule upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or its designee no later than ten business days tollowing the Date of Sale. The successful bidder shall notify the City as soon as practicable of (I) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with a NRMSIR and MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter executing and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the purposes of assuring the receipt and distribution by each such participating underwriter of the Official Statement, unless another firm is so designated by the syndicate in writing and approved by the City. Legal Opinion The approving opinion of Hunton & Williams LLP, Richmond, Virginia, with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute valid and legally binding obligations of the City and that its Council is authorized and required by law, unless other funds are lawfully available and appropriated for timely payment of the Bonds, to levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay the principal of and interest on the Bonds as the same become due. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal securities laws. Tax Exemption The Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue Code of 1986, as amended, on the exclusion from gross income of interest on the Bonds and a discussion of the opinion of Hunton & Williams LLP insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement, to provide certain annual financial information and operating data and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official 6 Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix C of the Preliminary Official Statement dated ,2004). Change of Date and Time for Receipt of Bids The City expects to take bids on the Bonds on June 2, 2004. However, the City reserves the right to postpone the date and time established for the receipt of bids. Any such postponement will be alUlOunced by the TM3 newswire, or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced via the TM3 news wire, or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date in conformity with the provisions of this Official Notice of Sale, except for any changes announced via the TM3 newswire, or any other such service, as described therein. Additional Information For further information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Bid Form and the Preliminary Official Statement may be obtained from the City's Financial Advisors, Government Finance Associates, Inc., (telephone 212-521-4090) and ARD Government Finance Group, (telephone 703-807-5700). CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore City Manager Dated: ,2004 7 OFFICIAL BID FORM Electronic bids (or facsimile bids as provided in the Official Notice of Sale) must be submitted by 11:00 am, Local Time. To: City Manager June 2, 2004 Office of the City Manager Virginia Beach, Virginia 23456 On behalf of the firm(s) listed below and pursuant to the tenns and conditions listed in the City's Official Notice of Sale, we offer to purchase the $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A (the "Bonds"), of the City of Virginia Beach, Virginia, dated June 1,2004. This offer is made for all ofthe Bonds and for not less than all, maturing on July 15 in the years shown below. The schedule of maturities and interest rates upon which this bid is based are as follows: Maturity 2005 2006 2007 2008 2009 2010 201 ] 20]2 20]3 2014 Amount $3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 Rate Maturitv 2015 20]6 20\7 2018 20]9 2020 202] 2022 2023 2024 Amount $3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 Rate (CROSS OUT THE SERIAL BOND MATURITIES BEING BID AS TERM BONDS.) Term Bonds (Optional - No More Than Two Tenn Bonds) First Year of Mandator v Redemotion Year of Maturity Total Princioal Amounts Rate --_% ___0/0 (LEAVE BLANK !F NO TERM BONDS ARE SPECIFIED) We will pay $ , which is not less than $64,350,000 Of not less than 99% of par (representing a discount or premium of $ ~, plus accrued interest from the date of the Bonds to the date of delivery and will accept delivery of the Bonds by means ofa book-entry system at The Depository Trust Company, New York, NY. Please indicate the appropriate choice: We have posted a surety bond in the amount of $650,000. If awarded the bid, we will deliver to the City $650,000 in good faith money by t l :00 a.m., Local Time, on the next business day immediately following the date of award, or the City will draw upon the surety bond and apply it in accordance with the Official Notice of Sale against any loss resulting from the successful bidder faihng to comply with the terms of this bid. We enclose (or previously delivered) a certified or cashier's check for $650,000 drawn upon an incorporated bank or trust company as detailed in the Official Notice of Sale and payable unconditionally to the order of the City of Virginia Beach, Virginia, which is to be applied in accordance with the Official Notice of Sale against any loss resulting from the successful bidder failing to comply with the terms of this bid. The good faith money will be deposited and credited on the purchase price, and no interest will be credited thereon to the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returned promptly upon award of the Bonds. The undersigned hereby acknowledges receipt and review of the Preliminary Official Statement referred to in the Official Notice of Sale. Respectfully submitted, (Name of Bidding Pirm) (Authorized Signature) The good faith check has been returned and receipt thereof is duly acknowledged. (Name & Phone Number of Contact Person) NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID. (NOTE - The following is stated for information only and is not part of this bid: The true interest cost of this bid, calculated in accordance with the Official Notice of Sale, is 1)/0 (to six decimal places). A Est of the members of our syndicate is attached.) FORM OF CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of , 2004 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A (the "Bonds"). The City hereby covenanls and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the underwriters of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and material event notices required by the Rule (collectively, "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City, prepared in accordance with generally accepted accounting principles; and (ii) the operating data with respect to the City of the type described in the section of the City's Official Statement dated , 2004, entitled "Operating Data." If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such statements as audited when available. (b) The City shall provide annually the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 3D, 2004, to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository if any then exists ("SID"). (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to each NRMSIR and to the SID or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the Municipal Securities Rulemaking Board (the "MSRB"). (d) The City shall provide in a timely manner to each NRMSIR or the MSRB and to the SID notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall provide in a timely manner to each NRMSIR or the MSRB and to the SID notice of the occurrence of any of the following events with respect to the Bonds, if material: (a) principal and interest payment delinquencies; (b) non-payment related defaults; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions or events affecting the tax-exempt status of the Bonds; C-1 (g) modifications to rights of Bondholders; (h) bond calls; (i) defeasance of all or any portion of the Bonds; U) release, substitution, or sale of property securing repayment of the Bonds; and (k) rating changes. Section 4. Termination. The obligations of the City will terminate upon the redemption. defeasance (within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter send to each NRMSIR and the SID a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the Rule) of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Additional Disclosure, The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 8. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an or"lginal and all of which shall constitute but one and the same instrument. Section 9. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA City Manager, City of Virginia Beach. Virginia C-2 - 59- Item V-K.II. ORDINANCES/RESOLUTIONS ITEM # 52575 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution ESTABLISHING a Task Force to study the implementation of a Biennial City Budget for fiscal planning purposes. (requested by Councilmembers Ron Villanueva, Peter Schmidt and Jim Wood) Councilman Villanueva advised the Task Force would be required to prepare monthly progress reports and will expedite the final report from September 28, 2004 to July 1, 2004. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S, McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 1 Requested by Councilmembers Ron Villanueva, Peter 2 Schmidt and Jim Wood 3 4 A RESOLUTION ESTABLSHING A TASK FORCE TO 5 STUDY THE IMPLEMENTATION OF A BIENNIAL CITY 6 BUDGET FOR FISCAL PLANNING PURPOSES 7 8 WHEREAS, the City of Virginia Beach presently adopts 9 an annual budget, as required by state law; and 10 WHEREAS, a biennial budget may be of benefit in 11 managing the City's resources and for planning purposes, and the 12 use of such a budget, along with any benefit or drawbacks, 13 should be evaluated by the City Council and the School Board. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 1. A Joint Task Force to Study the Implementation of 17 a Biennial Budget (~Task Force") is hereby established. 18 2 . The membership of the Task Force shall include 19 three members of the City Council, two members of the School 20 Board, the City Manager and/or his designee, and the 21 Superintendent of Schools and/or his designee. 22 3 . The Task Force's duties shall include consulting 23 with staff from the City's Management Services Department and 24 the School Division's Budget Development Office, studying the 25 use of biennial budgets by other governmental entities, 26 evaluating the advantages or disadvantages of biennial budgets, 27 and determining how a biennial budget could be employed by the 28 City. 29 4 . The Task Force, assisted by City and School 30 staff, shall prepare monthly reports on its progress, and on or 31 before September 28, 2004, the Task Force shall prepare and 32 present the report to the City Council on its findings. 33 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 11th day of May , 2004. CA-9260 H:\GG\OrdRes\BiennialTaskForce.res.doc R-3 May 4, 2004 APPROVED AS TO LEGAL SUFFICIENCY: 2 - 60- Item V-K.I2. ORDINANCES/RESOLUTIONS ITEM # 52576 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution CONCURRING with issuance by the NorfolkAirport Authority of bank qualified Tax-Exempt Revenue Bonds not to exceed $7,500,000 for VIRGINIA WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan Drive. (BAYSIDE - DISTRICT 4) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11, 2004 I A RESOLUTION CONCURRING WITH THE 2 ISSUANCE BY THE NORFOLK AIRPORT 3 AUTHORITY OF REVENUE BONDS IN AN 4 AMOUNT NOT TO EXCEED $7,500,000 FOR 5 THE BENEFIT OF VIRGINIA WESLEYAN 6 COLLEGE 7 8 9 WHEREAS, there has been described to the City of Virginia Beach Development 10 Authority (the Authority), the plans Virginia Wesleyan College (the College) and the Norfolk II Airport Authority (the Norfolk Airport Authority) with respect to the following plan of finance: 12 to issue up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) 13 undertaking the construction and equipping of student housing facilities at the College's campus 14 located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of 15 issuance relating to the such bonds; and 16 WHEREAS, it has been represented to the Council that the above facilities will be owned 17 by the College and will be located in Virginia Beach, Virginia; and 18 WHEREAS, it has been represented to the Council that a public hearing with respect to 19 the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the 20 Code), was held by the Authority on April 15, 2004, and 21 WHEREAS, it has been represented to the Council that the Norfolk Airport Authority 22 held a public hearing with respect to the bonds on March 25, 2004, and adopted an approving 23 resolution (the Norfolk Airport Authority Resolution) with respect to the bonds on that date; and 24 WHEREAS, the Authority has adopted a resolution recommending that the City Council 25 of the City of Virginia Beach (the Council) concur with the Norfolk Airport Authority 26 Resolution; and 27 WHEREAS, Sections 15.2-4905 and 15.2-4906 of the Code of Virginia of 1950, as 28 amended (the Virginia Code), provide that the Council must concur with the adoption of the 29 Norfolk Airport Authority Resolution and approve the issuance of the bonds prior to the issuance 30 of the bonds; and 31 WHEREAS, the Code provides that the highest elected governmental officials of the 32 governmental unit having jurisdiction over the area in which any facility financed with the 33 proceeds of private activity bonds is located shall approve the issuance of such bonds; and 34 WHEREAS, the financed property is to be located in the City of Virginia Beach and the 35 members of the Council constitute the highest elected governmental officials of the City of 36 Virginia Beach; and 37 WHEREAS, a copy of the Norfolk Airport Authority Resolution, the Authority's 38 resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have 39 been filed with the Council. 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 41 VIRGINIA BEACH: 42 1. The Council concurs with the adoption of the Norfolk Airport Authority 43 Resolution and approves the issnance of the bonds described in this resolution by the Norfolk 44 Airport Authority to the extent required by the Code and Sections 15.2-4905 and 15.2-4906 of the 45 Virginia Code. 46 2. The concurrence with the Norfolk Airport Authority Resolution, and the approval 47 of the issuance of the bonds, as required by the Code and Sections 15.2-4905 and 15.2-4906 of 48 the Virginia Code, does not constitute an endorsement to a prospective purchaser of the bonds of 49 the creditworthiness of the College and the bonds shall provide that the City of Virginia Beach 50 shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto and 51 neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of 52 Virginia Beach shall be pledged thereto. 53 3. This resolution shall take effect immediately upon its adoption. 54 55 56 Adopted by the Council of the City of Virginia Beach on the "L1...t.h..- day of 57 May ,2004. 58 CA9173 59 April 7, 2004 60 61 62 63 64 65 APPROVED AS TO LEGAL SUF CIEN Y 66 67 68 69 #903449 v] 70 F',[)~t~\ATY\Fol1n,"DEVAUTH\BOND\WORK\DA 1570 Virginia We~lynl\ CollagelVB CITY COUNClI,doc Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot ---------------------------------------------------+--------------------------- KAUFMAN & CANaLES, 150 W MAIN ST NORFOLK VA 23510 P.C. REFERENCE, 10236406 11304450 903443va NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, and after personally appeared before sworn, made oath that: D. Johnson being duly 80 I I I I I I I I I I I I I I I I I mel I I I I I I I I I I I I I I I I I I I I I I I I I I I LINE I I l) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON, 04/01 04/08 TOTAL COST, FILED ON, AD SPACE, NOTICE OF PUBLIC "EAR\I<<l. TO BE I\EU) BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BtNEFlT Of VIRGINIA WESLEYAN COLLEGE Notlce\sl\e{eby&iW\tllattheC\tyofVifiilllaBeael1~ Authorlty(lhe Virginia Be8chAut~OIity), whose address is 22;;1 Centro! Park. Avenll!" Suite 1000. Virginia Beach, Virginia 23462,will hold a ~\lUb!lC hee,!1!1f.oo the pl~ offmarlCmgQfVililllia Wesleoian College '(the College), whose pnooipaJ bUsiness address is 1584 Wesleyan DnVtl,Vlrginia eeSCh,Vlrglnla23502. for the IssuancelJythe Norfolk ~\!P01t il.\ltho!\1.~ \l.he N\}!fclk AuU'>OOt~l of up to $7.500,000 in banlHluaUfied tax-{lxemptrevenue bonds to assist the College in (I) undertaking the construction and equipPIng of student housing facjl~ (\ilS e.t the College's campus \oca\ell, at 1584 Wesleyan Olive In VII. @lnia8eacll,Vilginia,and.(ii)topaycerlalncostsoflssuancerelating to tile such ,bondS. The public hearmg. which may be continued Of ~med, WIll ~ \Ie\d at 2:00 p.m. on APIII 1S, 2OC4, before the 'In. glnla 8eachAuthontyat its offices located at 222 CeIltralPark_Avenua SUltl100l), Vllgtnia Beac~, Virginia 23462. All of such facJlities wili ~\Wll'\ed\J'jthe(;{)\\ege.~pelSlmillmestedmtheissuanceofthe bondS should appear M<j baheard. kry parsQrl who is disabled and will requlre..n accotnmodation in order to participate In the public lIeaMgma~ call the VlTiln\8 Bt.:att\ I'.\lthoritj at 437-6454. Pleal!e place SUch call at least three (3) days In advance ofthemeetJngand public h'earlng. The bonds WIll not (:()I1$t;tute.lj debt Of. pledge of the faittlal'ldcreliitcl~Ct>I1I~t\l,}fl/\l~la_OlarryPC\\tIca\!;ubdi' 'VlSIO" thereof. inctU'~ing the City of Vlfglnl8 8eech afld the Virginia Beach AuthOrity. Neither the ,Commonwealth of Virginia nor any polit~ ~I Sl.lbdMs\oo thereof, Incllldmg tile Cjt~ of 'fuglola BeactI and the 'IiI' @iniaE3eaCh.Authorlty,.shalJbeoblJgatedtopaythe bOnds. ort~e Jnter- est thereon, or other costs Incldentthe",to, except from the revenues imdmoo\esp\edf.edtt\erafOl",aIllIne-\th0fthefalUlandmetlitIlOlthe ~mg rx>wer of the Commonweal\lJ_ of Virginia !lOr any politJcal subdlv~ slon thereof, locludillgthe City of Virginia Beac~ line, the Vifginlil8eactl jl,utt\m~.'fl~lbep\OOge(l\o\t\a\lll'!l1lel"ltofthePVlnclP8lnfOlinteJest 011 such bonds Of Olhercosts mcldent thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP>\}IlU1B11<l,l,pvI18,2004 11304450 ity and state on the day and year January 31, 2008 Exhibit B NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF VIRGINIA WESLEY AN COLLEGE Notice is hereby given that the City of Virginia Beach Development Authority (the Virginia Beach Authority), whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of financing of Virginia Wesleyan College (the College), whose principal business address is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Norfolk Airport Authority (the Norfolk Authority) of up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) undertaking the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance relating to the such bonds. The public hearing, which may be continued or adjourned, will be held at 2:00 p.m. on April 15, 2004, before the Virginia Beach Authority at its offices located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, All of such facilities will be owned by the College. Any person interested in the issuance of the bonds should appear and be heard. Any person who is disabled and will require an accommodation in order to participate in the public hearing may call the Virginia Beach Authority at 437-6464. Please place such call at least three (3) days in advance of the meeting and public hearing. The bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Virginia Beach Authority. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, shall be obligated to pay the bonds, or the interest thereon, or other costs incident thereto, except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, will be pledged to the payment of the principal of or interest on such bonds or other costs incident thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To be published in The Virl!:inian Pilot on Thnrsdav, April!, 2004. and Thursdav. April 8. 2004 #903443 vI . VA WESLEY AN/2004/NOTlCE OF PUBLIC HEARING (VBDA) Exhibit C CITY OF Vffi.GINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING 2004 REVENUE BOND (Vffi.GINIA WESLEYAN COLLEGE) At 2:00 p.m. on April 15, 2004, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Virginia Wesleyan College ("College"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy ofthe notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of College. Mr. Consolvo described the revenue bonds of College which will be utilized to finance: (i) the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance relating to the such bonds. The Chairman closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach approve the issuance of the bonds in an amount up to $7,500,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the bonds to the Council ofthe City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing, #903452 vI Exhibit D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans Virginia Wesleyan College (the College) and the Norfolk Airport Authority (the Norfolk Airport Authority) with respect to the following plan of finance: to issue up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) undertaking the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance relating to the such bonds; and WHEREAS, the above facilities will be owned by the College and will be located in Virginia Beach, Virginia; and WHEREAS, a public hearing with respect to the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on April 15, 2004, and WHEREAS, it has been represented to the Authority that the Norfolk Airport Authority held a public hearing with respect to the bonds on March 25, 2004, and adopted an approving resolution (the Norfolk Airport Authority Resolution) with respect to the bonds on that date; and WHEREAS, it has been represented to the Authority that the College has elected to proceed with a plan of finance pursuant to which the bonds will sold to Bank of America, N.A.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the bonds will benefit the inhabitants of the City of Virginia Beach and promote their education, welfare, convenience and prosperity. 2. To assist the College, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Norfolk Airport Authority Resolution, the form of which has been presented at this meeting, as required by 915.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by 915.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to 915.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the bonds to the extent permitted by law or from funds of the College and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby approved and confirmed. 5. As the bonds are expected to be bank-qualified tax-exempt obligations of the Norfolk Airport Authority, the Authority's multi-jurisdictional fee policy shall not apply to the bonds. 6. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on April 15, 2004, and that such resolution is in full force and effect on the date hereof. Dated: A r r ; I IS, 2004 Secreta ,City of Virginia Beach Development Authority #903450 vI 2 Exhibit E DISCLOSURE STATEMENT ~f"'! Date: Mel;eft~, 2004 Applicant's Narne(s): Virginia Wesleyan College All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Financing ****************************************************************************** The following is to be completed by or for the Applicant: I. lfthe applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A VIRGINIA WESLEYAN COLLEGE -,. Schedule to Disclosure Statement BOARD OF DIRECTORS AND OFFICERS OF VIRGINIA WESLEY AN COLLEGE Chairman - Joan P. Brock Vice Chairman - Vincent J. Mastracco, Jr. Secretary - John A Trinder Treasurer - Richard D. Roberts Jane P. Batten David L. Bernd George Y. Birdsong S. Frank Blocker, Jr. Gary D. Bonnewell Robert F. Boyd Joan P. Brock Thomas C. Broyles Robert Collenburg II B. Minette Cooper John M. Cox Robert H. DeFord, Jf. O. L. Everett William J, Fanney William W. Granger, Jr, William T. Greer, Jr. ex officio James W. Griffiths Charles E. Harris Ernest T. Herndon, Jf. ex officio James A. Hewitt, III ex officio Lemuel E. Lewis #903446 v\ John E. Lingo, Jr. Frederick V. Martin Vincent J. Mastracco, Jr. Charles McFadden D. Michael Meloy ex officio E. George Middleton, Jf. Emily S. Miles Joe E. Pennel, Jr. ex officio Robin D. Ray Richard D. Roberts Ralph G. Roop Jeanne P. Ross Georgia A. Ryder Joseph G. Savinsky ex officio Anne B. Shumadine Vincent J. Thomas Susan A. Torma John A. Trinder D. Henry Watts Benjamin J. Willis, Jf. Trustees Emeriti Jeny G. Bray, Jf. Helen C. Hoffman Henry Clay Hofheimer, Jr. H. P. McNeal Kenneth R. Peny Mary Wright Thrasher Exhibit F VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com NORFOLK AIRPORT AUTHORITY VIRGINIA WESLEYAN COLLEGE REVENUE BONDS The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia by providing improved student housing facilities, which promote the education and welfare of the City's citizens. Exhibit G FISCAL IMPACT STATEMENT SUBMITIED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit the City of Virginia Beach Development Authority submission of the following infonnation in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Virginia Wesleyan College Facility: Student Housing on Campus of Virginia Wesleyan College 1. Maximwn amount of fmancing sought $7,500,000 2. Estimated taxable value offacility's real property to be constructed in the locality N/A 3. Estimated real property tax per year using present tax rates N/A 4. Estimated personal property lax per year using present tax rales N/A 5. Estimated merchant's capital tax per year using present tax rates N/A 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $~~ b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $ c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $ 7. Estimated nwnber of regular employees on year round basis (FTE) 200 8. Average annual salary per employee $38,000 Dated: April 15, 2004 VIRGINIA WESLEY AN COLLEGE By: Vice President - Finance #903441 vI By: FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to pennit the City of Virginia Beach Development Authority submission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Virginia Wesleyan College Facility: Student Housing on Campus of Virginia Wesleyan College I. Maximum amount of fmancing sought $7,500,000 2. Estimated taxable value of facility's real property to be constructed in the locality N/A 3. Estimated real property tax per year using present tax rates N/A 4. Estimated personal property tax per year using present tax rates N/A 5. Estimated merchant's capital tax per year using present tax rates N/A 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $30,000 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $5,000 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $144,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $111,000 7. Estimated number of regular employees on year round basis (FTE) 3 8. Average annual salary per employee $25,000 Dated: April 15, 2004 VIRGINIA WESLEY AN CO EGE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman #90344] vI Exhibit H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY VIRGINIA WESLEYAN COLLEGE REVENUE BONDS 1. VIRGINIA WESLEY AN COLLEGE STUDENT HOUSING FACILITIES PROJECT NAME: 2. LOCATION: 1584 Wesleyan Drive Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Student housing 4. AMOUNT OF BOND ISSUE: $7,500,000 5, PRINCIPALS: See attached list of officers and directors 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: Yes No -X_ c. Ifso, to what zoning classification? N/A Schedule to Summary Sheet BOARD OF DIRECTORS AND OFFICERS OF VIRGINIA WESLEYAN COLLEGE OFFICERS President Vice President for Academic Affairs Vice President for Business Affairs Vice President for College Relations Vice President for Enrollment Management Vice President for Information Services Vice President for Student Affairs BOARD OF TRUSTEES G. Robert Ashton, Jr. Jane P. Batten David L. Bernd George Y. Birdsong S. Frank Blocker Gary D. Bonnewell Robert F. Boyd Joan P. Brock Thomas C. Broyles B. Minette Cooper Van H. Cunningham Robert H. DeFord, Jr. Willard E. Douglas, Jr. William J. Fanney Emily Harkins Filer Richard S. Foster David Furman William W. Granger, Jr. James W. Griffiths Robert V. L. Hartwell Mrs. Walter E. Hoffman Frederick V. Martin Vincent J. Mastracco, Jr. E. George Middleton #903447 vI - VA WESLEVAN/2004/SUMMARY SHEET Dr. William T. Greer, Jr. Dr. Stephen S. Mansfield William T. Joseph James R. Bergdoll Richard Hinshaw Rene Perez-Lopez David E. Buckingham Robin D. Ray Richard D. Roberts Ralph G. Roop Jeanne P. Ross Georgia A. Ryder Vincent J. Thomas Mary W. Thrasher .Tohn A. Trinder D. Henry Watts Benjamin.T. Willis, .Tr. Exhibit I VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue. Suite 1000 Virginia Beach. VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com April 15, 2004 Mr, Robert G. Jones Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Virginia Wesleyan College Revenue Bond Financing Dear Bob: The Department of Economic Development concurs with the issuance of revenue bonds by the Norfolk Airport Authority in an amount not to exceed $7,500,000 for Virginia Wesleyan College. These fuuds are to be utilized for the construction and equipping of student housing facilities on the campus of Virginia Wesleyan College located at 1584 Wesleyan Drive in Virginia Beach, Virginia. It is the finding of the Department of Economic Development that these facilities are necessary to support the increase in the number of students due to the growth of Virginia Wesleyan College in recent years. I will be happy to answer any questions you may have at our meeting of April 15th. Sincerely, ~~ Mark R. Wawner Project Development Manager MRW:lls Exhibit J RESOLUTION OF NORFOLK AlRPORT AlITHORlTY FOR VIRGINIA WESLEYAN COLLEGE WHEREAS, there bas been descn'bed to the Norfolk Airport Authority (the Authority) the plans of Virginia Wesleyan College (the College) whose principal place of business is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance of the Authority's Bond (hereinafter defined) in an amount not to exceed $7,500,000 to assist the College (a) in undertaking the construction and equipping of a donnitory at the College's campus located at 1584 Wesleyan Drive in Norfolk, Virginia, and (b) in financing of the payment of certain costs of issuing the Bond; and WHEREAS, the above fucility (the Project) will be owned by the College; and WHEREAS, the College in its appearance before the Authority bas descn'bed the benefits to be derived from the above undertakings and bas requested the Authority to agree to issue the Bond under Chapter 463 of the Acts of Assembly of 1948, as amended (the Act); and WHEREAS, the College bas elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with Bank of America, N.A. (the Lender), for its own account and for investment purposes; and WHEREAS, a public hearing with respect to the Bond as required by Virginia Jaw and the Internal Revenue Code of 1986, as amended (the Code), bas been held at this meeting; and WHEREAS, there have been presented to this meeting the funns of the following documents and instruments which the Authority proposes to execute to carry out the transactions descn'bed above: (a) Bond Purchase and Sale Agreement (the Agreement), among the Authority, the College and the Lender, together with the College's promissory note (the Note) executed and delivered pursuant to the Agreement. (b) The Authority's 2004 Revenue Bond (Virginia Wesleyan College) (the Bond), in registered fonn, bearing interest at the variable rate, payable and dated as set furth therein. BE IT RESOLVED BY TIlE NORFOLK AIRPORT AU1HORlTY: 1. The recitals made in the preambles to this resolution are hereby adopted as a part ofthis resolution. 2. It is hereby found and determined that the issuance of the Bond for the purposes described herein will promote education in the City of Norfolk, the City of Virginia Beach and the Commonwealth of Virginia, 3. To assist the College to finance the Project, and to pay costs of issuance of the Bond, the Authority hereby agrees to undertake the issuance of the Bond upon tenns and conditions set forth in the Agreement. Principal of and premium, if any, and interest on the Bond shall be limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority from the College or other available funds provided by the College. The principal of and premium, if any, and interest on the Bond shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City of Norfolk. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City of Norfolk, shall be obligated to pay the principal of or premium, if any, or interest on the Bond or other costs incident thereto except from revenues and receipts derived by the Authority from the College or other available funds provided by the College, and neither the fu.ith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City of Norfolk, will be pledged to the payment for principal of or premium, if any, or interest on the Bond or other costs incident thereto. No covenant, condition or agreement contained in the Bond or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any present, past or future commissioner, officer, employee or agent of the Authority in his individual capacity, and no officer of the Authority executing the Bond or any other financing document or instrument shall be liable personally thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 4. The Authority hereby recommends and requests that the City Council of the City of Norfolk (the Council) approve the issuance of the Bond in accordance with Virginia law and the Code. The Authority hereby directs the Chairman, Vice Chairman or Executive Director of the Authority to submit to the Council the statement in the form prescribed by ~ 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to ~ 15.2-4906 of the Virginia Code, and a copy of this resolution. 5, It having been represented to the Authority that it is necessary to proceed immediately with the financing of the Project, the Authority agrees that the College may proceed with plans for the Project, enter into contracts for acquisition, construction and equipping and take such other steps as the College may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the College to obligate the Authority without its consent in each instance to the payment of any monies or the perfonnance of any acts in connection with the Project. The Authority hereby agrees that the College may be reimbursed from the proceeds of the Bond for all costs so expended from and after the date of this resolution together with costs previously expended by the College within sixty (60) days prior to the date of this resolution with respect to the Project. 2 6. The College and the Lender having requested the appointment of Kaufinan & Canoles, P.c., Norfolk, Virginia, as Bond Counsel in connection with the issuance of the Bond, and the Authority having determined that Kaufinan & Canoles, P,c., constitutes a finn of attomeys which is licensed to practice law in Virginia and which is listed in the latest edition of The Bond Buver's Marketplace: Municioal Bond AttomeY5> the Authority hereby appoints Kaufinan & Canoles, P.C., as Bond Counsel to supervise the proceedings and approve the issuance of the Bond. 7. The Cbainnan, Vice Chainnan or Executive Director of the Authority is hereby authorized and directed to execute and deliver the Agreement. The Chainnan, Vice Chainnan or Executive Director of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the tenns provided in the Agreement. All tenns of the Bond are by this reference thereto incorporated herein as a part of this resolution. 8. The Chainnan, Vice Chainnan or Executive Director of the Authority is hereby authorized and directed to execute and deliver an assignment of the Note and of the rights of the Authority W1der the Agreement (except for the rights reserved to the Authority therein). 9. The Agreement, the Note and the Bond shall be in substantially the fonns presented at this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the officers of the Authority executing them and by counsel to the Authority, such officers' execution to constitute conclusive evidence of approval of any such omissions, insertions and changes. 10. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond. 11. The Authority hereby designates the Bond and a bond approved on the date hereof for the benefit of Norfolk Botanical Garden Society, Incorporated "qualified tax-exempt obligations" of the Authority for calendar year 2004 within the meaning of the provisions of Section 265(b)(3) of the Code; provided, however, that such designation is conditioned upon the aggregate principal amount of the Bond and such bond not exceeding $10,000,000. 12, All costs and expenses in connection with the financing plan, including the fees of the Authority and the fees and expenses of Bond Counse~ counsel to the Authority, counsel to the College and counsel to the Lender, shall be paid from the proceeds of the Bond to the extent permitted by law or ftom funds of the College. If for any reason the Bond is not issued, it is understood that all such expenses shall be paid by the College and that the Authority shall have no responsibility therefor. 3 13. It is understood that the financing documents shall provide that the College shal1 indenmify and save hannless the Authority, its officers, commissioners, employees and agents from and against all liabilities, obligations, claims, damages, penaIties, fines, losses, costs and expenses in any way connected with the adoption of this resolution and the issuance and sale of the Bond, 14. The Bond shall not be issued until all public hearings have been held as required by the Act and the Code and until all governmental approvals as required by the Act and the Code have been obtained. 15. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 16. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the Norfolk Airport Authority at a meeting duly called and held on March 25, 2004, and that such resolution is in full force and effect on the date hereof Dated: March M.., 2004 ~AUoIJ J~ Gu.~ ~ Ass' t SecretaIy, Norfolk Airport uthority #896280.3 . VA WESLEY ANQOO4IA\JI1IORITY APPROVING RESOLUI10N 4 VIRGINIA BEP-..CH Virgilhl Beach Dnl'!llpnh:llL /\utIHlril.\ 222 Centl"al Park Avenue, Suite 1000 Virginia Beach, VA 23462 (57) 437-6404 FAX (757) 449-9X94 \;\iI'I).\ill'- www.vhgov.coln April 15, 2004 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, V A 23456 Re: Virginia Wesleyan College Revenue Bonds Dear Mayor Obemdorfand Members of City Council: We submit the following in connection with the project for Virginia Wesleyan College, located at 1584 Wesleyan Drive in the City of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit B, and a summary ofthe statements made at the public hearing is attached as Exhibit C. The City of Virginia Beach Development Authority's (the "Authority") rcsolution recommending Council's approval is attached as Exhibit D . (2) The Disclosure Statement is attached as Exhibit E . (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit F . (4) The Fiscal Impact Statement is attached as Exhibit G. (5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifying the Project and the principals. The Honorable Meyera E. Obemdorf. Mayor Members of City Council April 15, 2004 Page 2 (6) Attached as Exhibit I is a letter from the appropriate City department commenting on the Project. (7) Attached as Exhibit J is an Inducement Resolution from the Norfolk Airport Authority. Very truly yours, ~" Chairman .JVHIDJG/mlg Enclosures ~-- , ",,~r , g = Iii . -", (4 ~ = = = :Ii PROJECT NAME Virginia Wesleyan College Revenue Bonds PROJECT LOCATION: 1584 Wesleyan Drive Virginia Beach, VA TYPE OF PROJECT: Student Housing Facilities /------- / ./ - 61- Item V-K.I3. ORDINANCES/RESOLUTIONS ITEM # 52577 Upon motion by Vice Mayor Janes, seconded by Councilman Reeve, City Council ADOPTED: Resolution to APPOINT Christianna R. Dougherty-Cunningham and Lucia G. Whitlow as Assistant City Attorneys. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Janes, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ. Jim Reeve, Peter W Schmidt, Ran A. Villanueva, Rosemary Wilson and James L. Woad Council Members Voting Nay: None Council Members Absent: None May 11, 2004 1 A RESOLUTION APPOINTING CHRISTIANNA R. 2 DOUGHERTY-CUNNINGHAM AND LUCIA G. 3 WHITLOW AS ASSISTANT CITY ATTORNEYS 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That, pursuant to ~ 2-166 of the Code of the City of Virginia 8 Beach, Christianna R. Dougherty-Cunningham and Lucia G. Whitlow are 9 hereby appointed as Assistant City Attorneys, effective May 16, 10 2004. 11 12 Adopted by the Council of the City of Virginia Beach, 13 Virginia, on the 11 th day of May , 2004. 14 15 16 17 18 19 20 21 22 23 24 25 26 CA9237 H:\GG\Ordres\cunninghamappointres.doc R2 April 30, 2004 APPROVED AS TO LEGAL SUFFICIENCY: (,-- ~,'.~~.4-+"1 .; ~i1()~'L---" I-':"~ City AttorneY'8 Offi~e - 62- Item V-K.14. ORDINANCES/RESOLUTJONS ITEM # 52578 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution to DIRECT the City Manager implement the recommendations of the Senior Citizen Real Estate Tax Relief Task Force. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11, 2004 . ".- ( ( Requested by Council members Richard Maddox, Jim Reeve and Ron villanueva 1 2 3 4 5 6 7 8 A RESOLUTION TO DIRECT THE IMPLEMENT THE RECOMMENDATIONS CITIZEN REAL ESTATE TAX RELIEF CITY MANAGER OF THE SENIOR TASK FORCE WHEREAS, the Senior Citizen Real Estate Tax Relief 9 Task Force ("Task ForceH) was created on May 6, 2003; and 10 WHEREAS, after studying the issues involved, the Task 11 Force produced a report, which was "received and acceptedH by 12 the City Council on February 10, 2004, and one of the report's 13 recommendations was to increase the City's existing income and 14 net worth limits for tax relief to the maximum levels permitted 15 by state law. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 1. That the City Manager is hereby directed to 19 implement the recommendation of the Task Force to increase the 20 income and net worth limits of the City's real estate tax relief 21 program beginning in the FY 2004-2005 Operating Budget. 22 2. That this increase in income and net worth limits 23 of the City's real estate tax relief program be evaluated on a 24 yearly basis, with the percentage of each annual increase in the 25 limits to be an amount at least equal to the rate of the average 26 increase in annual assessments for the City of Virginia Beach, 27 with the increases to continue until the state limits are met. 28 29 30 ( Adopted by the Council of Virginia, on the !/'HI day of APPROVED AS TO LEGAL SUFFICIENCY: ~~U~t1/1 ~ ~ City Attorn ' Offi6 2 the City mj.- ( of Virginia Beach, , 2004. - 63- Item V-L. ITEM # 52579 PLANNING 1. a. TIDEWATER CONVENIENCE, L.L.c. VARIANCE b.FLOYDE. WATERFIELD,JR. VARIANCE 2. MALBON BROS. PETROLEUM, L.L.c. MODIFICATION OF PROFFERS 3. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. MODIFICATION OF CONDITIONS May 11,2004 - 64- Item V-L. PLANNING ITEM # 52580 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Items I a.b., 2, and 3 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 - 65- Item V-L.I.a. PLANNING ITEM # 52581 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED the application of TIDEWATER CONVENIENCE, L.L.C. for a Variance to 9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO). Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Tidewater Convenience, L.L.c. Property is located at 1689 Laskin Road (GPIN 24078806210000). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. Subdivision of the property shall be substantially as depicted on the submitted plan entitled, "Preliminary Subdivision of Property of Floyd T Deary, Et Als, Virginia Beach, Virginia, " dated July 21,2003. 2. When development occurs on either proposed Site 1 or the portion of proposed Site 2 shown as Lease Parcel 2 on the above- referenced plan, the existing access points to those parcels from First Colonial Road will be closed and a single entrance will be provided between the two parcels as depicted on the plan entitled "Entrance Location for Resubdivision of Property, 1689 Laskin Road, Virginia Beach, Virginia," dated 8 Mar 04. Further, a no ingress- egress easement shall be provided along the First Colonial Road frontage except at the point of access shown on said plan. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter w: Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May II, 2004 - 66- Item V-L.I.b. PLANNING ITEM # 52582 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED the application of FLOYD E. WATERFIELD, JR. for a Variance to j' 4, 4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO). Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Floyd E Waterfield, Jr, Property is located at 1680 Mill Landing Road (GPIN 24102466580000), DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1, The subdivision shall be subdivided substantially as shown on the plat entitled; "Preliminary subdivision of Property Floyd E& Elizabeth Waterfield, Jr, " dated November 4, 2003, by Gallup Surveyors & Engineers, Ltd 2, The width and surface material for the driveway serving proposed Parcel B shall be subject to approval by the Fire Department Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S McClanan, Richard A, Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent; None May 11,2004 - 67- Item V-L.2. PLANNING ITEM # 52583 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve City Council MODIFIED Proffers re size and access upon application of MALBON BROS. PETROLEUM, L.L. C. on a Conditional Chanee of Zonine approved by City Council on July 5, 2000, (Beach Builders, Inc.) ORDINANCE UPON APPLICATION OF MALBON BROS. PETROLEUM, L.L. e. FORMODIFICATION OF PROFFERS FORAN APPLICATION APPROVED BY CITY COUNCIL ON JULY 5, 2000 (BEACH BUILDERS, INe. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Malbon Bros, Petroleum, L.L.e. for Modification of Proffers for an application approved by City Council on July 5, 2000 (Beach Builders, Inc.). Property is located on the north side of Culver Lane, approximately 350 feet east of General Booth Boulevard (GPIN 24153172010000). DISTRICT7-PRINCESS ANNE The following conditions shall be required: 1. An AMENDED Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court, The primary differences between the 2000 proposal and the current proposal are (1) the building is slightly larger with the use of two-stories rather than one-story and (2) the primary access points to the parking area is now proposedfrom the interior of the site through the Malbon Brothers' existing complex rather than directly from Culver Lane as originally approved. The proposed structure has a residential appearance, particularly the rear and the side facing Culver Lane. The design is an improvement over the currently approved building. The building is sited approximately 255 feet from the nearest single-family dwelling. There is a wooded area that will provide a visual screen from the rear fa9ade to the existing dwellings to the east. 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 11" of May, Two Thousand Four May 11,2004 Item V-L.2. PLANNING Voting: - 68- ITEM # 52583 (Continued) 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May II, 2004 FORM NO. P.S. 1 e City c>:f Virgir:l.ia Beach INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. DF-588l DATE: April 16, 2004 TO: Leslie L. Lilley William M. Macali ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Malbon Bros. Petroleum, L.L.c. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 11, 2004. I have reviewed the subject proffer agreement, dated January 30,2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMMlsat Enclosure PREPARED BY: lIB SYK~S. 1l0URDON. iMJ 4!1fRN & 1M. r.c. AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MALBON BROS. PETROLEUM, L.L.C., a Virginia limited liability company TO CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of January 2004, by and between MALBON BROS. PETROLEUM, L.L.C., a Virginia limited liability company, Property Owner, herein referred to as Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 13,891 square feet, and described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is hereinafter referred to as the "Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated March 15, 2000 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4264, at Page 1599, as previously corrected by "Proffered Covenants, Restrictions and Conditions", dated August 2, 2002, prepared by Grantee and recorded in the aforesaid Clerk's Office as Instrument # 200208263022192; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify, in part, the previously proffered Covenants, Restrictions and Conditions governing development of the Property; and GPIN: 2415-31-7201 1 PREPARED BY: ~ SYns. ROURDON. m .\lUllN & 1M. P.c. WHEREAS, the Grantor has requested that the Grantee accept this Amendment To Proffered Covenants, Restrictions and Conditions which modifies and restates certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following amended and restated conditions and restrictions which shall restrict and govem the physical development, operation and use of the Property, to be incorporated as a part of the previously adopted amendment to the Zoning Map_ NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended and modified declaration of conditions, covenants, restrictions as to the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it will be substantially in accordance with the "Conceptual Site Plan of Office Building on Lot lIB, Subdivision of Lot 11, Culver Woods for Malbon Brothers Petroleum" dated 1/29/04, prepared by John E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on me with the Virginia Beach Planning Department (the "Concept Plan"). 2. When the Property is developed, the architectural features of the Office Building depicted on the Concept Plan and the exterior building materials, shall be substantially in accordance with the "PROPOSED ELEVATIONS PEBWORTH OFFICE BUILDING", dated 1/30/04, prepared by Porterfield Design Center, which 2 " PREPAREO BY; !iIB SYHS, ROURDON. m AllffiN lie my. P.C elevation has been exhibited to the Virginia Beach City Council and is on fIle with the Virginia Beach Planning Department (the "Elevation"). 3, Use of the Property shall be restricted and limited to: A. Business offices, 4. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references to the B-IA Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time or recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950. as amended, Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and 3 PREPARED BY; ~ SYITS. ROURDON. mil AIIillN & I.fVY. P.C restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the goveming body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 PAEPAAEO BY: m SYJ(iS. llOURDON. _ AllillN & Lm. P.c. WITNESS the following signature and seal: GRANTOR: Malbon Bros. Petroleum, L.L.C., a Virginia limited liability company By: /J'1'1' / --- (SEAL) Michael S, Malbon, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 3rd day of February 2004, by Michael S. Malbon, Managing Member of Malbon Bros. Petroleum, L.L.C., a Virginia limited liability company. A--.. . /1 / i .;;:A af.4 ~nyl/ !c'~lM Notary Public My Commission Expires: August 31,2006 5 PREPARED BY: na sYns. !JOURDaN. DJI 41llRN & LM. P.c. EXHmIT "A" "LEGAL DESCRIPTION" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot lIB, as shown on that certain plat entitled, "SUBDIVISION OF LOT 11, CULVER WOODS (M.B, 256, P. 29-31) Virginia Beach, Virginia", dated December 17, 1998 made by John E. Sirine and Associates, Ltd., which said plat is duly recorded in Map Book 288, at Pages 33 and 34, being more particularly described as follows: BEGINNING at a point at the intersection of the westem right-of-way line of Culver Quay and the northem right-of-way of Culver Lane and running North 74 degrees 58' 21" West a distance of 219.82 feet to a pin; said point being the true POINT OF BEGINNING; thence continuing along said right- of-way North 74 degrees 58' 21" West a distance of 185 feet to a pin; thence tuming and leaving said right of way line and running North 14 degrees 49' 50" East a distance of 79.82 feet to a pin; thence tuming and running South 75 degrees 10' 10" East a distance of 154.78 feet to a pin; thence turning and running South 12 degrees 10' 56" East a distance of 58.43 feet to a nail in basin; thence South 07 degrees 26' 19" West a distance of 28.64 feet to a point, said point being the POINT OF BEGINNING. GPIN: 2415-31-7201 MODCONDITIONS/MALBONBROS/PEBWORTHBLDG/PROFFER 6 - 69- Item V-L.3. PLANNING ITEM # 52584 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve City Council MODIFIED conditions to add boatlifts upon application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC., INC. for a Modification of a Conditional Use Permit for a community pier approved by City Council on November 28, 2000. ORDINANCE UPON APPLICATION OF OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC., INC. FOR A MODIFICATION OF A CONDITIONAL USE PERMIT BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Outdoor Resorts of Virginia Beach Condominium Assoc., Inc. for a Modification of a Conditional Use Permit for a community pier approved by City Council on November 28,2000. This request is to allow installation of up to seventy-five (75) boat lifts, Property is located at 3665 Sandpiper Road (GPIN 24326431580000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 28, 2000, shall remain in affect. 2. No solid, latticed or other material designed to enclose a boat or any other vessel shall be permitted on the sides and/or on the top (roof) of any boatlift on this property. 3. The number of boatlifts on the property shall be limited to 40. 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 11" of May, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 11,2004 - 70- ITEM # 52585 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.I-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (I). Appointments: To Wit: Appointments: Boards and Commissions: Public Library Board Joint Land Use Task Force Committee (JLUS) PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705(A)(56) AND Discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. 31" Street Garage Upon motion by Vice Mayor Jones, seconded by Councilman Wood s, City Council voted to proceed into CLOSED SESSION (7:45 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None (Closed Session: 7:45 P.M. - 8:53 P.M.) Council Lady Wilson ABSTAINED re 31" Street and would not be attending the Closed Session. Council Lady Wilson DISCLOSED her husband is a principal in the accountingfirm, Goodman and Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company has provided accounting and tax services related to 31" Street and the Beach Quarters Inn. The City Attorney has advised that she is required to disclose any personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act and is disqualified from participating in this transaction. May 11, 2004 - 71- ITEM # 52586 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 11, 2004, at 8:53 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Absent: Rosemary Wilson May 11, 2004 - 72- CERTIFICATION OF CLOSED SESSION ITEM # 52587 Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard. discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 11, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52585, page 70, and in accordance with the provisions of The Virginia Freedom ofInformation Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~/ ~. uth Hodge mith, MMC City Clerk May 11,2004 Item V-M.l. - 73- APPOINTMENTS ITEM # 52588 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical (b)Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE COMMITTEE TOWING ADVISORY BOARD May 11,2004 - 74- Item V-M.2. APPOINTMENTS ITEM # 52589 Upon NOMINATION by Vice Mayor Jones, City Council: REAPPOINTED: Melissa Jenkins, Senior I year 9/01/04 - 6/30/05 APPOINTED: Nicole Richardson, Junior 2 years 9/01/04 - 6/30/06 Lloyd Thomas Co-Ordinator for Instructional Technology Representative of the Schools 3 years 9/01/04 - 6/30/07 Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 11, 2004 - 75- Item V-M.3. APPOINTMENTS ITEM # 52590 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Richard A. Maddox Council Member Jim Reeve Council Member No Term JOINT LAND USE (JLUS) STUDY COMMITTEE Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson May 11, 2004 - 76- Item V-D. I ITEM # 52591 BY CONSENSUS, the City Clerk shall record: Abstract of May 4, 2004 Councilmanic Election Votes. May 11,2004 ABSTRACT OF VOTES cast in the City of at the May 4. 2004 General Election. for: . Virginia. MA VOR NAMES OF CANDIDATES AS PRiNTED ON 8AU.OT Robert K. Dean Meyera E. Oberndorf A. A. "AI" Wallace III TOTAL V07l'S RECBVID (IN FlGuRESI 17.746 20,907 2,505 Total Write-In Votes [Valid Wrlte.lns + Invalid Write-Ins = Total Write-In Votes] . . , , . . , , . , 34 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above Is a true and correct Abstract of Votes cast at said election and do. therefore, determ/nll and dl!fl:;/are that the following person has recelV9d the greatflSt number of votes cast for thll above offiCII In said election: Meyera E. Oberndorf 5th Givlln undllr our hands this _ A copy teste: r:" Blec,to,:) \ Bo.../! \ Seal ~ ,"/ " //~--<~..... - 1 , -,j hJ-<<--<' .L.~<J ' ~.~Jn;~' -1 ! . Chairman . Vice Chairman " Secretary Secretary. Electoral Board ABSTRACT OF VOTES cast in the City of at the May 4, 2004 General Election, for: , Virginia, MEMBER CITY COUNCIL At r ENTER AT LARGE OR APPROPRIATE DI NAMES OF CANDIDA TES AS PRINTED ON BAllOT TOTAL VOTES RECElVED (IN FIGURES) Darin L. Gerdes Richard W. "RK" Kowalewitch John D. Moss Rosemary A. Wilson 5.024 3,550 11,841 18,835 Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] 82 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: Rosemary A. Wilson Given under our hands this sth day of May, 2004. A copy teste: Eleotoral Beard Seal , Chairman \ '~------ A!'~ I 0-1 c, ":)':\" ,Vice Chairman /~~ :? <.,'../ :' ",--' 'J ,'.' "C' A /YJ"V --<'-"."J , Secretary ~.4 y, "J--L /. ~i Secretary, Electoral Board ABSTRACT OF VOTES V' .. B.e.ach cast in the City of lrgJma at the May 4, 2004 General Election, for: , Virginia, MEMBER CITY COUNCIL District 1 - CentervilliL ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CANDIDATES AS PRINTED ON BALLor TOTAL VOTES RECEIVED (IN FIGURESI Robert M. "Bob" Dyer Margaret L. Eure ,.....,.,.,.,.,. .~ 17 .648 Total Write-In Votes [valid Write-Ins + Invalid Write-Ins" Total Write-In Votes] 51 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therafore, determine and declara that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: Robert M. "Bob" Dyer Given under our hands this ~th day of May,. 2004: , / / i. /0/ \/ ,:\, "'.. Electoral Board Seal i , , , Chairman A copy teste: ~ .' / . Vice Chairman , ,;;/A:~c'c/ -~ .h7/-v{~t..~~~J ' Secretary ~~ ,..:;/. ~ -,. ''d Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Virginia Beach at the May 4, 2004 General Election, for: , Virginia, MEMBER CITY COUNCIL NAMES OF CANDIDATES AS PRINTED ON BAUOT TOTAL VOTES RECEIVED (IN FiGUI/ESJ Harry E. Diezel 29,203 . ..,.............. Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] 328 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, detennlne and declare that the fOllowing person(s) has (have) received the greatest number of votes cast for the above office in said election: Harry E. Diezel Given under our hands this 'ltb day of MCly,-2 A copy teste: ( , Cheirman Electoral Board Seal . Vice Chairman ~~<_.c::) --/ ?>)~( ''<'c-'~~1' /~~.~~~. J' , Secretary Secretary, Electoral Board ABSTRACT OF VOTES V' .. D~~~1. cast in the City of Irglnla UJ;;,iUJ' at the May 4, 2004 General Election, for: , Virginia, MEMBER CITY COUNCIL District 3 - Rose Hall ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CANDIDATES AS PRINTED ON BAUOT TOTAL V01FS RECEIVED (IN FIGURES) Reba S. McClanan 30.184 Total Write-In Votes [Valid Wrlte.lns + Invalid Write-Ins = Total Write-In Votes] 372 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and colT8Ct Abstract of Votes cast at said election and do. therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above"office in said election: Reba S. McClanan Given under our hands this "ith day of May. 2004. ,;/~J;~~ ~I ?I-<.(."L'<~i ' Secretary #-.. /&-jl J, ~,L... - "-f Secretary, Electoral Board , Chairman A copy teste: Board Seal ,Vice Chairman ABSTRACT OF VOTES V. .. D~~~" cast in the City of IrgJlna UJ;;.i1JWJI at the May 4. 2004 General Election. for: . Virginia, MEMBER SCHOOL BOARD ENTER AT LARGE O~Jm!~I~r~ICT OR WARD NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL VOlES RECEIVED IIN FIGURES} Rita Sweet Bellitto 11,936 12,663 11,615 5.731 2.949 11.804 4.361 Edward F. Fissinger Peter B. Langlands. Jr. C. Beth Markley Joseoh J. McGrenra Lvndon S. Remias Simone SciQliano Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] . . . . . . . . . . 113 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s} has (have) received the greatest number of votes cast for the above office in said election: Edward F. Fissinger Rita Sweet Bellitto Given under our hands this 5th rOf M~,~~ 2 ~---;c , Chairman A copy teste: ;/ (Electoral Board Seal ,Vice Chairman ./' " ":/'~~C:7 ::v'. :;NJ4'~( .""~''''''''__ , I ,) , Secretary ~J'1~-'" :;' Secretary. Electoral Board ABSTRACT OF VOTES V. .. n~~~1. cast in the City of lre1nJa Uld:l,UI at the May 4, 2004 General Election, for: , Virginia, MEMBER SCHOOL BOARD D. ri ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CANDIDATES AS PRINTED DN BALLOT TOTAL Vons RECEIVED fIN FIoURES) n::!"i~1 n "n::!"" Fnw::!rnc:: ?~ ~~R . Total Write-In Votes (Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] 286 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: Daniel D "Dan" Edwards A copy teste: "" 5th day 4 May, ; " X , Chairman Given under our hands this ( ',,----- Electoral Board Seal <;. ,Vice Chairman /'. C . "f;..{..,C:~7 :/ ~ .u/ _L_'~"<'J , Secretary ~~J.,~~. Secretary, Electoral Boerd ABSTRACT OF VOTES cast in the City of Vir~inia B.e.ac.h at the May 4, 2004 General Election, for: , Virginia, MEMBER SCHOOL BOARD Di r ENTER AT LARGE OR APPROPRIATE CISTRI NAMES OF CANDIDAYES AS PRINTED ON BALLOT TOTAL Vo...s RECEIVED (IN FlGURESI Jo!;ephine LJr!;ini Krantz Sandra Smith-Jones 10,908 21,610 Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins" Total Write-In Votes] 105 We, the undersigned Electoral Board, upon examination of the offICial records deposited with the Clerk of the Circuit Court of tha election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: ~andra ~mith-.Jnnes Given under our hands this 5th ---""\. / \ day~f May, 20~ 4 , \ V...' , Chairman A copy tllste: 'c Electoral Board Seal ,Vice Chairman /'/.;.. /' .,1,. ." , ~</:'!>ft~~;;.. '-7 - ~,J. /1)~"",.1. .....<--~'''-.'..A:-1 I , <. , Secretary ~~ 3. ~.,t~-. :f Secretary, Electoral Board ABSTRACT OF VOTES V' .. B.e.a.c.h cast in the City of IrgJn19 at the May 4. 2004 General Election. for: . Virginia. MEMBER SCHOOL BOARD D' NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL Vons RECENEO /IN FIGURES) Michap-I W Stp-wart 25,R53 Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] 274 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 4, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received /he greatest number of votes cast for the above office in said election: -MichaAI W ~tAwart Given under our hands this 5th daytf ~a. Y. /~~d4.. , /) \ ./ 1DW" . ,L-, / ,. -/ -c:: Y--.- . - . .i,~ ' ,. -'. -'-... . -_.'---.'/." , Chairman A copy teste: Electoral JBoard Seal "'-.. d/4_L~7 ::i /;<)<<1' '."~'f . Vice Chairman . Secretary ~./.t -=V. ~__C~ J Secretary. Electoral Board - 77- Item V-Po ADJOURNMENT ITEM # 52592 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:00 P.M. a?.HA4--_0.-)0~ Beverly cl.Hooks, CMC Chief Deputy City Clerk (2~~ ':t:::;:~ges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia May 11, 2004