HomeMy WebLinkAboutSEPTEMBER 1, 1992 MINUTES
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1,1 II
Cit.ye>t Virgir1ia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
.\f,IYOR MEYERA E. OBERNOORF. At-IA'g'
\'/CE MAYOR WILUAM D. SESSOMS. JR.. A'-IA'g'
JOliN A BAUM. BI"".wa'n Borough
UNWOOD O. BRANCH 111. Virginia Beach &rough
JA\IES IV. BRAZIER. JR., Lynnha..... Borough
ROBERT W. CLYBURN. Ktmpsvil/, Borough
ROIlERT K. DEAN. Prinm, Ann' Borough
LOUIS R. JONES. &"sid, Borough
PAUl. J. UNTEIGNE, Pungo Borough
JOHN D. MOSS, At-lAege
~A'liC}' K. PARKER. At-IA,!:,
JAMES K. SPORE. Cily Managn
LESLIE I.. LILLEY. C"y Att"'nt)'
RUTH HODGES SMITH. CMC I ME. City Cln.
CITY COUNCIL AGENDA
281 CITY HAll BUIWING
MUNICIPAl. CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
(804) 427-4303
SEPTEMBER 1, 1992
I.
CITY COUNCIL WORKSHOP
- Council Chamber -
9:00 AM
A. RESORT AREA ADVISORY COMMISSION
Roger F. Newill, Chairman
B. BIENNIAL BUDGET and ALTERNATIVES FOR PROGRAMMING THE OPERATING BUDGET
C. PRELIMINARY SUGGESTIONS on COUNCIL COMMITTEE STRUCTURE
D. COUNCIL WORK SESSION AGENDA - OCTOBER 6, 1992
E. PENDING ITEMS UP-DATE
F. COUNCIL CONCERNS and QUESTIONS
II.
CITY MANAGER'S BRIEFING
- Council Chamber -
1 :00 PM
A. VIRGINIA BEACH SOCCER JOINT TASK FORCE LEASE
Susan D. Walston, Director, Parks and Recreation
III.
INFORMAL SESSION
- Council Chamber -
1 :30 PM
A. CALL TO ORDER - Mayor MeyerS. E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV.
FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
I NVOCA nON:
Reverend George Sweet
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
0; ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - August 25, 1992
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G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1. Resolution approving the Agreement of Sale and Memorandum of Agreement with Old
Dominion University re ODU Regional Higher Education Center.
2. Ordinance to AMEND and REORDAIN Sections 21-206 and 21-207 and ADD Sections
21-207.1 through 21-207.4 of the Code of the City of Virginia Beach, Virginia, re motor
vehicle and traffic code (weight provisions).
3. Ordinance to ACCEPT and APPROPRIATE a $25,000 Grant from the Virginia Department.
of Mental Health, Mental Retardation and Substance Abuse Services to the Department
of Mental Health, Mental Retardation and Substance Abuse re advance the
independence, productivity and participation of people with developmental disabilities;
and, increase estimated revenues from the Commonwealth by corresponding amount.
4. Ordinance to ACCEPT and APPROPRIATE $1,100 Grant from the Department of Motor
Vehicles Community Traffic Safety Program to the Police Department re purchasing five
spectrophotometers; and, increase estimated revenues from the Commonwealth by
corresponding amount.
5. Ordinance to ACCEPT and APPROPRIATE a $1 ,074 Donation from the Fourth Precinct
Citizens Advisory Board re purchasing a laser printer.
6. Ordinance to TRANSFER $204,134 from Various Completed Capital Improvement
Projects and $20,000 from the Department of Housing and Neighborhood Preservation
Project Contingency Account to CIP Project 2-984 Seatack liB Street and Drainage
Improvements.
7. LOW BIDS with advance notice to proceed:
CONRAD BROTHERS,
INC.
Resort Streetscape
Improvements
Section 4, Phase 2
(CIP 2-049)
$3,890,750.40
McKENZIE CONSTRUCTION
CORPORATION
Resort Streetscape
Improvements
Section 5, Phase 2
(CIP 2-049)
$2,115,561.25
H. PUBUC HEARING
1. AUTHORIZATION FOR THE ISSUANCE OF
$1,000,000 GENERAL OBUGA TION SCHOOL BONDS
(Tallwood High School)
I. RESOLUTION
1. Resolution authorizing the issuance, not to exceed $1,000,000, of General Obligation
School Bonds, Series 1992, of the City of Virginia Beach, Virginia, to be sold to the
Virginia Public School Authority; and, providing for the form, details and payment
thereof.
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J. APPOINTMENT
PUBLIC LIBRARY BOARD
K. UNFINISHED BUSINESS
1 . Resolution directing the City Manager to provide City Council with a Biennial Budget and
alternatives for programming the FY 1993-1994 Operating Budget.
(Sponsored by Councilwoman Nancy K. Parker and Councilman John D. Moss)
Deferred:
August 25, 1992
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEM:
a. Resolution establishing a Legislative Committee for the purpose of making
recommendations to City Council re City's legislative package.
(Sponsored by Councilman James W. Brazier, Jr.)
2. NA nONAL LEAGUE OF CinES
Designation of Voting and Alternate Voting Delegates
1992 Annual Conference
M. ADJOURNMENT
**********
*It CITY COUNCIL PUBUC HEARINGS *It
SEPTEMBER 8, 1992 Formal Session 2:00 PM
(Direct Election of School Board)
(Charter Amendment)
OCTOBER 8, 1992 Capital Improvement Program 7:00 PM
(Princess Anne High School)
NOVEMBER 10, 1992 Formal Session 2:00 PM
(Capital Improvement Program)
**********
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting,
please call DONNA JOHNSTON at 427-4283 VOICE OR TDD by MONDAY 9:00 AM
**********
8/18/92mlm/lbs
AGENDA\9-1-92.ITM
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MINUTes
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 1, 1992
Council Lady Parker called to order the CITY COUNCIL WORK SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 1, 1992, at 9:10
A.M.
Council Members Present:
Linwood O. Branch, III, James w: :Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss and
Nancy K Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
(ENTERED: 9:45 A.M.)
(Attending Virginia Beach City
Public Schools 1992 Convocation
"Family and Friends '~
John A. Baum
Vice Mayor William D. Sessoms
(Out of the C~ty)
(ENTERED: 10:35 A.M.)
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CITY COUNCIL WORKSHOP
ITEM # 36001
The following topics were discussed:
RESORT AREA ADVISORY COMMISSION
BIENNIAL BUDGET AND ALTERNATIVES
FOR PROGRAMMING THE OPERATING BUDGET
PRELIMINARY SUGGESTIONS ON COUNCIL COMMIITEE STRUCTURE
COUNCIL WORK SESSION AGENDA - OCTOBER 6, 1992
PENDING ITEMS UP-DATE
COUNCIL CONCERNS AND QUESTIONS
September 1, 1992
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C I T Y MAN AGE R 's B R I E FIN G S
VIRGINIA BEACH SOCCER JOINT TASK FORCE LEASE
12:50 PM.
ITEM # 36002
Susan D. Walston, Director - Parks and Recreation, referenced the Policy Report distributed to City
Counci~ which is hereby made a part of the record. The Virginia Beach Soccer Joint Task Force, Inc.
is a Virginia non-stock corporation, which has applied for exempt status with the Internal Revenue
Service. VBSJTF, made up of local soccer groups, exists to promote the development of a major
centralized soccer facility in Virginia Beach. The intent was to enable the complex to bring together the
possibility offourteen (14)fields in one location to improve upon the Columbus Day Soccer Tournament
in the City. The existing Columbus Day Tournament has been estimated to bring in approximately 9,500
visitors with a direct tax impact of $28,000. With a soccer complex, the VBSJTF would plan at least four
tournaments a year, which are estimated to generate $115,000 in annual tax revenues.
The VBSJTF has requested that the City enter into a long-term lease agreement (20 years) with them
for the use of approximately 60 acres of City property for the purpose of developing a soccer complex.
A long term lease (20 years) for the use of City property will require public advertisement for invitations
to bid on the terms of this lease. A long term lease is critical to VBSJTF to ensure their investment which
is planned to be $1,500,000 to $2,000,000 for the soccer complex. Public park property has not
previously been developed to this extent by private community groups. However, Princess Anne Plaza
Little League developed fields on park property (20 acres) through a five-year renewable lease. The
Virginia Beach Little League fields are currently being developed as part (13 acres) of Ocean Lakes
Park through a five-year renewable lease.
Susan Walston advised only ninety of the three hundred acres in Princess Anne Park has been developed.
A site in Princess Anne Park is currently being considered as a possible location for the complex. In
consideration of currently owned property, this would negate the City:SO need for additional expense and
also reduce the overall cost to the City of developing Princess Anne Park. Only the first phase of a phased
improvement program comprising $12-MILLION has been completed. The site in the Park for a
potential location is estimated to cost approximately $5-MILLION.
Michael Barrett introduced fellow members in attendance of the Virginia Beach Soccer Joint Task Force:
Attorney Gerrit Jv. Benson, Captain Dick Wayland and Jim Horton. The lease calls for the VBSJTF to
raise the funds necessary to build the complex and start construction within 24 months of an approved
lease. They plan to do this with a combination of the following: corporate fund raising; board solicitation
of participating clubs; a "player assessment fee" already in effect which has raised a $40,000 to date;
and ways and means projects that will contribute to the project.
The Charter for The Governor's Commission on Physical Fitness and Sports expired, and therefore, the
Commission, was not reappointed. Consequently, Roanoke chose to keep the Commonwealth Games in
their City. The Chamber of Commerce called for the reestablishment of the Governor's Commission on
Physical Fitness and Sports with the prime responsibility to award the Commonwealth's Games. An
alliance has been forged with Sports, Virginia, a group in Richmond who will hold the State games next
year with Virginia Beach holding them in 1995. The VBSJTF hopes eventually the State Games and the
Commonwealth Games will merge and Virginia Beach will have the opportunity to host these games.
September 1, 1992
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ITEM # 36003
Mayor Meyera E. Obemdorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 1, 1992, at 1:12 P.M.
Voting: 10-0
Council Members Voting Aye:
Linwood 0. Branch, III, James Jv. Brazier, Jr., Robert Jv. Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
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ITEM # 36004
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes:
1.
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit:
Appointments: Public Library Board
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Linwood 0. Branch, III, James Jv. Brazier, Jr., Robert Jv. Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Nancy K Parker
September 1, 1992
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 1, 1992
2:00 PM.
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, September 1, 1992, at 2:00 P.M.
Council Members Present:
Linwood o. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Absent:
John A. Baum
(Out of the City)
INVOCATION:
Reverend George Sweet
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
September 1, 1992
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Item W-E.1.
ANNOUNCEMENT
ITEM # 36005
Mayor Oberndorf recognized the following Boy Scout in attendance to earn his Merit Badge:
TROOP 65
John Talton
September 1, 1992
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Item W-E.1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 36006
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE
EXECUTIVE 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 Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baurn.
September 1, 1992
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Etsnlutinu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 36004,
Page No.5, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executi ve Session were heard, discussed or considered by Virginia
Beach City Council.
~;d'~~
uth Hodges mith, CMC/AAE
City Clerk
September 1, 1992
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Item W-F.1.
MINUTES
ITEM # 36007
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of August 25, 1992.
Council Lady Parker referenced the applications of CHARLES C.
HICKMAN for Variances to the Subdivision Ordinance. Section 4.4(b)
requires all lots created by subdivision meet all requirements of the City
Zoning Ordinance. Section 4.4(d) requires all lots created by subdivision
to have direct access to a public roadway (APPROVED by City Council
on August 25, 1992).
After having the opportunity to consult with Robert Scott, Director of
Planning, concerning these applications, Council Lady Parker recognized
her error and advised Mr. Hickman in a letter. The triangular piece of
property was created as a result of the City's action on Ferrell Parkway.
Council Lady Parker publicly acknowledged her vote should have been
an "Aye" rather than a "Nay" but is aware the record cannot be
changed on a formal basis.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Ill, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
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Item W-G.
CONSENT AGENDA
ITEM # 36008
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in
ONE MOTION Items 2, 3,4, 5, 6 and 7 of the CONSENT AGENDA
Item W-G.1 of the CONSENT AGENDA was voted upon separately.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
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Item W-G.1.
CONSENT AGENDA
ITEM # 36009
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS
AMENDED:
Ordinance approving the Agreement of Sale and Memorandum of
Agreement with Old Dominion University for a ODU Regional Higher
Education Center.
Councilman Moss MOVED ADOPTION of the Ordinance conditioned upon authorizing the City Manager
to enter into the prepared Agreement of Sale subject to a provision requiring the City's consent to any
use for purposes other than public education and to any sale or lease to third parties, which consent will
not unreasonably be withheld.
*Concerning Amendments, the City Attorney advised:
On Line 1 "A Resolution" was amended to be "An Ordinance".
On Line 16, the verbiage "1999 General Assembly" was changed to
"1994 General Assembly".
On Line 22 the term "BE IT RESOLVED" was changed to "BE IT
ORDAINED".
On Line 27, the term "resolution" was changed to "ordinance".
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
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1 AN ORDINANCE APPROVING THE AGREEMENT
2 OF SALE AND MEMORANDUM OF AGREEMENT
3 WITH OLD DOMINION UNIVERSITY FOR A
4 REGIONAL HIGHER EDUCATION CENTER
5 WHEREAS, the City of Virginia Beach, Virginia, is in need
6 of higher educational facilities to better serve the residents of
7 virginia Beach;
8 WHEREAS, the City Council of Virginia Beach has reviewed
9 a plan for the transfer of thirty-five (35) acres of city-owned
10 land located immediately south of Tidewater Community College on
11 Princess Anne Road to Old Dominion University (ODU). Under the ODU
12 proposal made to city Council on August 25, 1992, ODU and Norfolk
13 State University will develop a comprehensive higher education
14 center on the site;
15 WHEREAS, a request will be made by the two universities
16 to the 1994 General Assembly for money to plan and develop the
17 site; and
18 WHEREAS, the City Council desires to support this effort
19 and desires to approve the attached Agreement of Sale and
20 Memorandum of Agreement between the City and Old Dominion
21 University.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the city Manager is authorized to execute on behalf
25 of the City the attached Agreement of Sale and Memorandum of
26 Agreement with Old Dominion University.
27 This ordinance shall be in effect from the date of its
28 adoption.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 1 day of September , 1992.
31 CA-4813
32 ORDIN\NONCODE\ODU.RES
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Tms AGREEMENT OF SALE is entered into this
day of
, 1992, by and between the City of Virginia Beach, Virginia, (hereinafter
the "CITY") and Old Dominion University (hereinafter "ODU").
WIT N E SSE T H:
That for and in consideration of the mutual covenants set forth herein, the
sum of TEN DOLLARS ($10.00) cash in hand paid and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties hereto agree as
follows:
1. The CITY shall convey to ODU the following described property
(hereinafter the "Property"), to wit:
All that certain lot, piece, or parcel of land
lying, situate, and being in the City of Virginia
Beach, Virginia, adjacent to the Virginia
Beach Campus of Tidewater Community
College and Princess Anne Road, containing
approximately thirty-six (36) acres of land,
more specifically identified as the area outlined
in red on Exhibit A which is attached hereto
and hereby incorporated by reference.
A more accurate legal description of the Property shall be prepared by the CITY after
recordation of an approved subdivision plat and prior to settlement.
2. ODU shall construct and operate an educational facility or facilities
(hereinafter the "Project") on the Property. Upon completion and, if applicable,
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expansion of the Project, ODU shall provide upper division undergraduate and graduate
programs consistent with the needs of the citizens of Virginia Beach and the Tidewater
region.
3. In conjunction with its construction of the Project, ODU shall
construct or, at the option of the CITY, if consistent with State policy, reimburse the
CITY for the construction of the following roads and traffic controls:
(a) A connector road to provide access along the southern
boundary of the Property between Princess Anne and Rosemont Roads.
(b) A timed traffic signal at the intersection of Princess Anne
Road and the above-referenced connector road.
( c) A deceleration lane for northbound vehicles turning from
Princess Anne Road onto the above-referenced connector road.
4. Settlement shall occur within sixty (60) days of the date upon which
the General Assembly approves funding for planning and/or construction of the Project
and the ODU Board of Visitors authorizes the Project, whichever occurs last. The
CITY agrees to deliver to ODU at settlement a Special Warranty deed and to convey
title to the Property in fee simple, free and clear of all liens, encumbrances, and
restrictions which would prevent ODU's use of the Property for the purposes set forth
herein; subject, however, to any and all easements and restrictions of record at the time
of settlement. If any title objections are made by ODU, the CITY shall have a
reasonable time to cure the objections and to show good and marketable title. If title
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to the Property is defective and the defects in title are not cured by the CITY as herein
provided, ODU shall be entitled to rescind this Agreement, and such right shall be
ODU's sole remedy hereunder.
5. Notwithstanding the provisions of paragraph 4, in the event the
General Assembly has not approved funding for the Project prior to December 31,
1996, and/or the ODU Board of Visitors has not authorized the Project prior to
December 31, 1996, this Agreement shall be null, void, and of no further legal affect
as of that date. Furthermore, notwithstanding conveyance of the Property to ODU, if
construction of the Project has not commenced prior to December 31, 2000, ODU shall
convey the Property back to the CITY by Special Warranty deed in fee simple, free and
clear of all liens, encumbrances, and restrictions with the exception of easements and
restrictions of record acceptable to the CITY. By mutual agreement of the CITY and
ODU, the time limitations set forth in this paragraph 5 may be extended for an agreed
upon period of time by written addendum to this Agreement.
6. Prior to settlement and as a condition thereof, ODU shall submit to
the CITY for its approval architectural renderings displaying the proposed exterior
sections of any structure to be erected on the Property and three copies each of the
following plans: site plans, building plans, sign plans, and landscaping plans. If
approved, said renderings and plans shall not thereafter be substantially altered or
changed without the prior, written approval of the CITY. In the event that architectural
renderings, site plans, building plans, SIgn plans, and landscaping plans cannot
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reasonably be completed prior to settlement, the CITY may waIve approval as a
condition of settlement, but in no event shall ODU begin any construction or
landscaping activity upon the Property until said renderings and plans shall have been
approved by the CITY. The CITY agrees not to unreasonably withhold approval or
consent wherever required herein. In addition to these requirements, ODU agrees to
comply with all CITY ordinances, rules, and regulations with respect to site
development.
7. The CITY makes the following warranties and representations with
respect to the Property:
(a) The CITY has good and marketable title to, and is record
owner of, the Property. All deeds of trust and security interests will be released as of
the date of settlement;
(b) To the best of the CITY's knowledge, there are no
judgments, orders, or decrees of any kind of record against the CITY in any court of
the Commonwealth of Virginia or the United States of America, nor any pending
litigation, which would adversely affect the Property or its use. Furthermore, there are
no actions, suits, or other legal or administrative proceedings relating to the Property
presently pending before any court or administrative agency;
(c) The CITY has received no citation or notice of violation of
any law, ordinance, order, rule, regulation, requirement, or restrictive covenant against
or affecting the Property or any part thereof, and the CITY is not aware of any facts
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which might result in such a violation. Furthermore, the execution by the CITY of this
Agreement and the consummation of the transaction described herein do not and will
not, in the reasonable belief of the CITY, cause the CITY to be in violation of any such
law, ordinance, order, or requirement of any agreement or contract to which the CITY
is a party; and
(d) To the best of the CITY's knowledge, there is not currently
and in the past there has not been any: (i) use, treatment, storage, or disposal of any
hazardous substance or material (as defined in 42 U.S.C. ~ 9601(14) [1982] and 40
C.F.R. ~ 302.4 [1986]) or pollutant on the subject Property; or (ii) any spill, leakage,
discharge, or release of any hazardous substance or material or pollutant thereon or
therefrom.
8. The CITY acknowledges that nothing contained in this Agreement
is intended to shift to ODU any liability that it may have to any third parties, the
Commonwealth of Virginia, or the United States with respect to events occurring or
conditions existing prior to ODU's possession or claim in connection with any
environmental law or any use, treatment, storage, or disposal of any hazardous
substance or pollutant or any spill, leakage, discharge, or release of any hazardous
substance or pollutant.
9. ODU acknowledges that if for any reason, environmental or otherwise, the
Property cannot be used for the purposes set forth herein, ODU's sole remedy shall be
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to rescind this Agreement prior to settlement or, in the event the Property has been
conveyed to ODU, to convey the Property back to the CITY.
10. Prior to the date of settlement, the CITY shall pay in full, and discharge
the lien of, any deeds of trust affecting the Property.
11. The CITY and ODU agree that all necessary official action shall be taken
to authorize the execution of this Agreement, to grant the CITY full authority to convey
the Property, and to grant ODU full authority to accept the Property.
12. ODU understands and agrees that conveyance of the Property by the CITY
to ODU is based upon ODU's representation that the Property will be used for public
educational purposes only. If the use of the Property for such purposes is discontinued
or the Property is conveyed to a third party for purposes other than public education,
ODU shall pay the CITY the then current fair market value of the Property, without
buildings or other improvements thereon, as determined by an independent real estate
appraiser chosen by agreement of the CITY and ODU. The appraisal shall be
conducted and payment for the Property shall be made to the CITY within one hundred
and twenty (120) days of the date upon which use of the Property for the purposes set
forth herein is discontinued or the Property is conveyed to a third party.
13. The CITY shall prepare the deed to ODU, and ODU shall pay all
recording costs.
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14. The provisions of paragraphs 2, 3, 5, 6, 8, 9, and 12 shall survive
settlement. Furthermore, the provisions of paragraphs 2, 5, and 12 shall be
incorporated into the deed of conveyance.
15. The CITY acknowledges that acquisition of the Property by ODU
is subject to approval of the Governor of Virginia pursuant to applicable provisions of
the Code of Virginia (1950), as amended, and this Agreement shall not be in effect
unless and until approval of the Governor is obtained.
16. The CITY and ODU agree that no broker or agent brought about
the intended sale of the Property and that, therefore, no third party is entitled to claim
any commission as a result of the execution of this Agreement of Sale or the subsequent
conveyance of the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement of
Sale as of the date first above specified.
CITY OF VIRGINIA BEACH, VIRGINIA
By
James K. Spore
City Manager
ATTEST:
Ruth Hodges Smith,
City Clerk
7
I, 1,1
OLD DOMINION UNIVERSITY
By
James V. Koch
President
ATTEST:
Richard A. Staneski
Vice-President
Administration and Finance
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I,
, a Notary Public in and for the City
and State aforesaid, do hereby certify that JAMES K. SPORE, City Manager, for the
City of Virginia Beach, Virginia, whose name as such is signed to the foregoing
Agreement of Sale, has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this
day of
, 1992.
Notary Public
My Commission Expires:
8
" II
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I,
, a Notary Public in and for the City
and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, for
the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing
Agreement of Sale, has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this
day of
, 1992.
Notary Public
My Commission Expires:
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I,
, a Notary Public in and for the City
and State aforesaid, do hereby certify that JAMES V. KOCH, President, for Old
Dominion University, whose name as such is signed to the foregoing Agreement of
Sale, has acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this
day of
, 1992.
Notary Public
My Commission Expires:
9
II
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I,
, a Notary Public in and for the City
and State aforesaid, do hereby certify that RICHARD A. STANESKI, Vice-President,
Administration and Finance, for Old Dominion University, whose name as such is
signed to the foregoing Agreement of Sale, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this
day of
, 1992.
Notary Public
My Commission Expires:
DA-1165
K\ODU.AGM
R-3
10
I, 1,1
MEMORANDUM OF AGREEMENT
This document memorializes the agreement between the City of Virginia
Beach, Virginia (the "City") and Old Dominion University ("ODU") with respect to the
development of a regional higher education center in the City of Virginia Beach.
Currently, Tidewater Community College ("TCC ") operates a branch
campus within the City located on acreage adjacent to Princess Anne Road within two (2)
miles of the Virginia Beach Municipal Center. ODU, in cooperation with Norfolk State
University ("NSU"), operates a center for graduate instruction known as the Virginia
Beach Graduate Center, located at 397 Little Neck Road, 3300 South Building, Suite 301,
Virginia Beach, Virginia. The City owns a thirty-six. (36) acre tract of unimproved real
estate (the "Property") adjacent to TCC's Virginia Beach Campus and Princess Anne Road
which it is willing to transfer to ODU for the purpose of constructing and operating a
more extensive facility for upper level undergraduate and graduate instruction.
This agreement sets forth the activities that the City and ODU have agreed
to undertake in order to accomplish the goal of providing quality upper level
undergraduate and graduate instruction to the citizens of the City and the Tidewater
regIOn.
The City agrees to undertake the following activities in a timely manner:
II
1. Enter into an agreement of sale with ODU whereby the City agrees
to convey the Property to ODU. The Property is identified as the area outlined in red on
Exhibit A.
2. Work in cooperation with ODU and other state agenCIes 10
developing the Property for the purpose intended.
ODU, for its part, agrees to undertake the following activities in a timely
manner:
1. Accept transfer of title to the Property from the City.
2. Develop the Property to serve the higher education needs of the City
and the Tidewater region.
3. Include development of the Property as its first priority in the
University's 1994-96 biennial capital budget submission in March of 1993.
4. Dedicate the Property and any facilities constructed thereon for the
purpose of offering its credit and non-credit upper division undergraduate and graduate
courses in accordance with plans set forth in Exhibit B which is attached hereto and
incorporated by reference.
S. Prepare a master site plan for the Property with funding provided by
the Commonwealth of Virginia.
ODU and the City agree to expend their best efforts to the timely execution
of their respective tasks in carrying out the spirit and intent of this agreement for the
benefit of the public in the City and the Tidewater region.
2
II III
To facilitate direct communication at all levels of administration, ODU and
the City agree to establish a joint committee to plan activities and inform each other of
the progress made toward the accomplishment of the goals established by this agreement.
CITY OF VIRGINIA BEACH
OLD DOMINION UNIVERSITY
By:
By:
,its
,its
Date:
Date:
DA-1165
K/ODU.MEM
3
I, 1,1
Exhibit B
OLD DOMINION UNIVERSITY
Programs to be Offered
at the
Virginia Beach Higher Education Center
Old Dominion University is prepared to continue and expand its commitment to
Virginia Beach. The University's plans include the following:
* Provide complete graduate degree programs in the following
areas:
· Business Administration (M.B.A.)
· Public Administration (M.P.A.)
· Education (M.S.)
* Provide the junior/senior ("upper level") course work that will
enable a student to complete an undergraduate degree program
in the following areas:
· Interdisciplinary Studies (B.S., B.A. in general
liberal arts and sciences)
· Other areas, such as business, to be added as
demand warrants
*
Offer upper level and graduate course work in nearly every
other discipline offered by Old Dominion University, including
engineering, nursing, the social sciences, and the humanities.
· Specific "2+2" degree programs will be added as
demand warrants
*
Include Norfolk State University ("NSU") as a full partner in
the enterprise, and "broker in" the services of other higher
education institutions such as the University of Virginia and
Virginia Tech in areas where demand is present and cannot be
met by ODU and NSU.
I, 1'1
· NSU also may choose to locate one or more of its
academic programs in Virginia Beach
*
Cooperate fully with Tidewater Community College (fCC).
· ODU will not offer any "freshman/sophomore"
(lower division) course work that duplicates TCC
offerings
· ODU, in conjunction with NSU, will develop
"2 + 2" programs that will enable students to
complete a variety of undergraduate programs
after earning an associate's degree at TCC
*
Provide the following Old Dominion University programs at
Virginia Beach facility:
· An Executive M. B. A. program
· The Old Dominion University Ballet
· A branch of the Entrepreneurial Center (the
University's higWy successful business assistance
center that helped established the biotech
incubator facility)
· A branch of the Technology Applications Center
(the University's "engineering clinic" that is
funded by the Commonwealth's Center for
Innovative Technology)
· Psy .D. doctoral program in clinical psychology
*
Closely monitor community responses to the programs offered
and remain attentive to the changing educational and
professional needs of the Virginia Beach community and the
Tidewater region.
2
II 1'1 II
-12-
Item W-G.2.
CONSENT AGENDA
ITEM # 36010
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-206 and 21-207 and ADD Sections
21-207.1 through 21-207.4 of the Code of the City of Virginia Beach, Virginia, re motor
vehicle and traffic code (weight provisions).
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
I, III
.,,'r ,;,\..)vtJ f\S TO COr-Hi:;,j
_C2s? dsii;~~-
- ~ ~_..._._-_._--_.._.
DEPARTM~Nr
1
2
3
4
5
6
7
APPROVED AS TO LEGAL
---PtF1CEt'KY AND FORiv\
AN ORDINANCE TO AMEND AND REORDAI~L/%~~~_
SECTIONS 21-206 AND 21-207 AND ADU-'" -',-:~( .\n~.nNE-r
SECTIONS 21-207.1, 21-207.2, 21-
207.3 AND 21-207.4 OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO MOTOR
VEHICLE AND TRAFFIC CODE.
8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
That sections 21-206 and 21-207 of the Code of the City of
10
11 Virginia Beach, Virginia, are hereby amended and reordained and
12 sections 21-207.1, 21-207.2, 21-207.3 and 21-207.4 are added to
13 read as follows:
14
section 21-206.
weighing vehicles; unloading excess load.
15
(a) Any officer authorized to enforce the provisions of this
16 chapter, having reason to believe that the weight of a vehicle and
17 load is unlawful, is authorized to weigh the load and the vehicle.
18 If the place where the vehicle is stopped is ten (10) road miles or
19 less from a permanent weighing station, the officer may, and upon
20 demand of the driver shall, require the vehicle to proceed to such
21 station. If the distance to the nearest permanent weighing station
22 is more than ten (10) road miles, such vehicle may be weighed by
23 wheel load weighers. Any operator who fails or refuses to drive
24 his vehicle to such permanent weighing station or upon such scales
25 or wheel load weighers upon the request and direction of the
26 officer so to do shall be guilty of a Class 4 misdemeanor. Such
27 penalty shall be in addition to any other penalties prescribed for
28 exceeding the maximum weight permitted or for any other violation.
29
(b) Should the officer find that the weight of any vehicle
30 and its load is greater than that permitted by this article or that
31 the weight of the load carried in or on such vehicle is greater
32 than that which the vehicle is licensed to carry under the
33 provisions of Title 46.2 of the Code of Virginia, he may require
34 the driver to unload, at the nearest place where the property
35 unloaded may be stored or transferred to another vehicle, such
Ii
111'1
36 portion of the load as may be necessary to decrease the gross
37 weight of the vehicle to the maximum therefor permitted by this
38 article or state law. Any property so unloaded shall be stored or
39 cared for by the owner or operator of the overweight vehicle at the
40 risk of such owner or operator. However, notwithstanding the
41 provisions of section 21-201, should the officer find that the
42 gross weight of the vehicle and its load is within limits permitted
43 under this chapter and does not exceed the limit for which the
44 vehicle is registered, but that the axle weight of any axle or
45 axles of the vehicle exceeds that permitted under this chapter, the
46 driver shall be allowed up to one hundred twenty (120) minutes to
47 shift his load within or upon that same vehicle in order to bring
48 the axle weight or axle weights within proper limits. Such load
49 shifting shall be performed at the site where the vehicle was
50 weighed and found to exceed allowable axle weight limits. No such
51 load shifting shall be allowed if such load consists of hazardous
52 material as defined in section 18.2-278.1 of the Code of Virginia.
53 (c) If the driver of an overloaded vehicle is convicted,
54 forfeits bailor purchases an increased license as a result of such
55 weighing under this section, the court in addition to all other
56 penalties shall assess and collect a weighing fee of two dollars
57 ($2.00) from the owner or operator of the vehicle and shall forward
58 such fee to the st~te city treasurer, who shall allocate the same
59 purou~nt to the terms of oection 46.2 1137 of the Code of virgini~
60 to the fund appropriated for the construction and maintenance of
61 city highways.
62 (d) In any court or legal proceedings in which any question
63 arises as to the calibration or accuracy of any such scales at
64 permanent weighing stations or wheel load weighers, a certificate,
65 executed and signed under oath by the inspector calibrating or
66 testing such device as to its accuracy as well as to the accuracy
67 of the test weights used in such test, and stating the time of such
68 test, type of tests and results of testing, shall be admissible
69 when attested by one such inspector who executed and signed it as
2
I,
II II
70 evidence of the facts therein stated and the results of such
71 testing.
section 21-207.
Liquidated damages for violation of weight
limits; storage, disposition, etc., of vehicle
and cargo involved in weight violation.
72
73
74
75
(a) Any person violating any weight limit as provided by this
76 chapter or in any permit issued either by the virginia Department
77 of Transportation or by the city manager pursuant to this code
78 shall be assessed liquidated damages. The amount of those damages
79 shall be two cents ($.02) per pound for each pound of excess weight
80 over the prescribed limit in this article for an excess which does
81 not exceed 5,000 pounds, five cents ($.05) per pound for each pound
82 of excess weight over the prescribed limit in this article when
83 such excess is more than 5,000 pounds, two cents ($.02) per pound
84 for each pound of excess axle weight over the prescribed limit in
85 any permit issued pursuant to ~ 46.2-1139 or ~ 46.2-1148 of the
86 Code of Virginia when the excess is 5,000 pounds or less, five
87 cents ($.05) per pound for each pound of excess axle weight over
88 the prescribed limit in any permit issues pursuant to ~ 46.2-1139
89 or ~ 46.2-1148 of the Code of Virginia, when such excess is more
90 than 5,000 pounds and ten cents ($.10) per pound for each pound of
91 excess gross weight over the prescribed limit in any permit issued
92 pursuant to ~ 46.2-1139 or ~ 46.2-1148 of the Code of virginia.
93 However, whenever any vehicle does not exceed the gross weight
94 permitted according to the table provided in ~ 46.2-1139 of the
95 Code of Virginia, and exceeds the axle weight in this article by
96 2,000 pounds or less, the liquidated damages shall be assessed in
97 the amount of one cent ($.01) per pound for each pound of excess
98 weight over the prescribed axle limit in this article. If a person
99 has no prior violations under the motor vehicle weight laws, and
100 the excess weight does not exceed 2,500 pounds, the general
101 district court may waive the liquidated damages against such
102 person. Such assessment shall be entered by the court or by the
103 department as a judgment for the city, the entry of which shall
104 constitute a lien upon the overweight vehicle. Such sums shall be
105 paid to the court or collected by the city attorney and forwarded
3
II
1'1 II
106 to the city treasurer and allocated to the fund appropriated for
107 the construction and maintenance of city highways.
108 (b) The charge hereinabove specified shall be in addition to
109 any other liability which may be legally fixed against such owner
110 or operator of the vehicle in question for damage to a highway or
111 bridge attributable to such weight violation.
112 (c) l>.ny officer ;luthorized to m;lke ;lrreoto and \:eigh vehicleo
113 under the provioiono of thio ;lrticle m;lY for ;l period of t~enty
114 four (24) hours ~ithout ;l court order ;lnd there;lfter upon a written
115 order of the court either before or ;lfter conviction hold the
116 vehicle involved in ;In over\:eight viol;ltion, provided the O;lme io
117 not regiotered \:i th the di vioion, until the ;lmount aooeooed ;l0
118 provided in thio oection, if ;lfter conviction, or oubject to be
119 ;looeooed, if before conviction, together ~:ith the coot of holding
120 or otoring the vehicle, be p;lid, or until ;l bond by or on beh;llf of
121 the offending peroon io given for p;lyment ;l0 the court may direct
122 of the ;lmount ;looeooed or to be ;looeooed \Jith ourety approved by
123 the court or ito clerlc.
124 (d) In the event the ;lmount ;looeooed ;l0 provided in thio
125 oection io not p;lid or bond io not given ;l0 provided herein;lbove,
126 the vehicle in the oven:eight 'v"iol;ltion oh;lll be otored in pl;lce of
127 oecurity, ao l'l\;ly be deoign;lted by the mmer or oper;ltor of the
128 vehicle. If no pl;lce io 00 deoign;lted, the officer m;llcing the
129 ;lrreot oh;lll deoign;lte the pl;lce of otor;lge. The mmer or oper;ltor
130 oh;lll be ;lfforded the right of unlo;lding ;lnd removing the cargo
131 from ouch vehicle. The riolc ;lnd coot of ouch otor;lge oh;lll be
132 borne by the mmer or oper;ltor of ouch vehicle.
133 (e) If within oixty (60) d;lYO from the time of the conviction
134 for the over\leight viol;ltion, the offending p;lrty does not P;lY the
135 ;looeooment impooed purou;lnt to thio oection, together with the coot
136 of otoring ouch vehicle ;lnd c;lrgo, ;lnd if the c;lrgo io not removed
137 ;l0 provided in thio oection, the vehicle ;lnd c;lrgo oh;lll be
138 forfeited to the city ;lnd oold to o;ltiofy the ;looeooment ;lnd coot
139 of otor;lge.
4
II
III II
140
(f) The police dep;lrtment i:J hereby TJeoted \:ith the O;lme
141 poyero with reopect to the enforcement of thio oection ao it h;lo
142 with respect to the enforcement of the criminal lawo of the state
143 and the crimin;ll provioiono of thi:J Code.
144
section 21-207.1.
Penalty for violation of weight limits.
145
Any person violating any weiqht limits as provided in this
146 chapter or any permit issued by either the Department of
147 Transportation or by the city pursuant to this article shall be
148 subiect to a civil penalty of twenty-five dollars and a processinq
149 fee of twenty dollars in addition to any liquidated damaqes and
150
weiqhing fees imposed by this article.
Upon collection by the
151 Department or by the court, the civil penalty shall be forwarded to
152 the city treasurer, to be allocated to the fund appropriated for
153 the construction and maintenance of city hiqhways, and the
154 processinq fee shall be paid to the state treasury to be used to
155 meet the expenses of the Department of Motor Vehicles.
156
The penalties, damaqes and fees s-pecified in this article
157 shall be in addition to any other liability which may be leqally
158 fixed aqainst the owner, operator or other person charqed with the
159 weiqht violation for damage to a highway or bridqe attributable to
160 such weiqht violation.
161
162
section 21-207.2.
Special processing provisions for overweiqht
violations.
163 Notwithstandinq any other provision of law, all violations of
164 any weiqht limit as provided in this article or any permit issued
165 by either the Department of Transportation or by the city manager
166 pursuant to this article shall be processed in the followinq
167 manner:
168
ill The officer charqinq the violation shall serve a
169
citation on the operator of the overweight vehicle.
170
The citation shall be directed to the owner,
171
operator or other person responsible for the
172
overweiqht violation as determined by the officer.
173
service of the citation on the vehicle operator
174
shall constitute service of process on the owner,
5
III
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
operator or other person charqed with the weiqht
violation as provided in section 21-207.
i2l The officer charqinq the violation shall cause the
citation to be delivered or mailed by first-class
mail to the Department within twenty-four hours
after it is served.
ill The owner, operator or other person charqed with
the weiqht violation shall, within twenty-one days
after the citation is served upon the vehicle
operator, ei ther make full payment to the
Department of civil penalty. liquidated damaqes,
weiqhinq fee and processinq fee as stated on the
citation, or deliver to the Department a written
notice of his election to contest the overweiqht
charge in court.
ill Failure of the owner. operator or other person
charqed with the weiqht violation to timely deliver
to the Department either payment in full for the
uncontested civil penalty, liquidated damaqes,
weiqht fee and processing fee or a notice of
contest of the weiqht violation shall cause the
Department to issue an administrative order of
assessment against such person. A COpy of the
order shall be sent by first-class mail to the
person charqed with the weiqht violation. Any such
administrative order shall have the same effect as
a iudgment for liquidated damaqes entered by a
qeneral district court.
121 Upon timely receipt of a notice of contest of an
overweiqht charqe. the Department shall:
i3l Forward the citation to the qeneral district
court named in the citation; and
1Ql Send by first-class mail to the person with
the weight violation, and to the officer who
issued the citation, confirmation that the
6
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III II
!
210
citation has been forwarded to the court for
211
trial.
212
iQl Notices and pleadings may be served by first-class
mail sent to the address shown on the citation as
213
214
the address of the person charqed with the weiqht
215
violation or, if none is shown, to the address of
216
record for the person to whom the vehicle is
217
registered.
218
ll.l An alleged weiqht violation which is contested
219
shall be tried as a civil case. The city attorney
220
shall represent the interests of the city.
The
221
disposition of the case shall be recorded in an
222
appropriate order, a COpy of which shall be sent to
223
the Department in lieu of any record which may be
224
otherwise required by section 46.2.383 of the Code
225
of Virginia. If iudgment is for the city, payment
226
shall be made to the court and forwarded to the
227
city
treasurer
and
allocated
to
the
fund
228
appropriated for construction and maintenance of
229
city highways.
230
231
section 21-207.3.
Special
penalty.
overweiqht
seizure
provisions;
232 Any officer authorized to serve process or weiqh vehicles
233 under the provisions of this article may hold an overweiqht vehicle
234 without an attachment summons or court order, but only for such
235 time as is reasonably necessary to promptly petition for an
236 attachment summons to attach the vehicle.
237
After findinq reasonable cause for the issuance of an
238 attachment summons, the iudicial officer conductinq the hearinq
239 shall inform the operator of the vehicle of his option to either
240 pav the liquidated damaqes, civil penal tv, weighinq fee. and
241 processinq fee, or contest the charqe throuqh the attachment
242 proceeding. If the operator chooses to make payment, he shall do
243 so to the judicial officer who shall transmit the citation,
244 liquidated damaqes, civil penalty, weighinq fee, and processinq fee
7
Ii
II II
245 to the city treasurer for distribution in accordance with section
246 21-207.
247 The city shall not be required to post bond in order to attach
248 a vehicle pursuant to this section. The officer authorized to hold
249 the overweiqht vehicle pendinq a hearinq on the attachment petition
250 shall also be empowered to execute the attachment summons if
251 issued. Any bond for the retention of the vehicle or for release
252 of the attachment shall be qiven in accordance with section 8.01-
253 553, Code of Virqinia, except that the bond shall be taken by a
254 judicial officer. The iudicial officer shall return the bond to
255 the clerk of the appropriate court in place of the officer servinq
256 the attachment as otherwise provided in section 8.01-554, Code of
257 Virqinia.
258 In the event the civil penalty, liquidated damaqes, weiqhing
259 fee, and processing fee are not paid in full, or no bond is qiven
260 by or for the person charqed with the weight violation, the vehicle
261 involved in the weight violation shall be stored in a secure place,
262 as may be desiqnated by the owner or operator of the vehicle. If
263 no place is desiqnated, the officer executing the attachment
264 summons shall designate the place of storaqe. The owner or
265 operator shall be afforded the riqht of unloadinq and removinq the
266 cargo from the vehicle. The risk and cost of the storaqe shall be
267 borne by the owner or operator of the vehicle.
268 Whenever an attachment summons is issued for a weiqht
269 violation, the court shall forward to the city attorney both a COpy
270 of the order disposinq of the case and the weiqht violation
271 citation prepared by the officer but not served.
272 Upon notification of the iudgment or administrative order
273 entered for such weiqht violation and notification of the failure
274 of such person to satisfy the judqment or order, the Department or
275 the Department of state Police or any law-enforcement officer shall
276 thereafter deny the offendinq person the riqht to operate a motor
277 vehicle or vehicles upon the hiqhways of the Commonwealth until the
278 judgment or order has been satisfied, as provided by section 46.2-
279 1134, Code of Virqinia.
8
II II
280 When informed that the right to operate the motor vehicle has
281 been denied, the driver shall drive the motor vehicle to a nearby
282 location off the public hiqhways and not move it or permit it to be
283 moved until such iudqment or order has been satisfied. Failure by
284 the driver to comply with this provision shall constitute a Class
285 4 misdemeanor.
286
All costs incurred by the city and all iudqments, if any,
287 aqainst the city due to action taken pursuant to this section shall
288 be paid from the fund into which liquidated damaqes are paid.
289 All city law-enforcement officers are vested with the same
290 powers with respect to the enforcement of this chapter as they have
291 with respect to the enforcement of the criminal laws of the city.
292
293
section 21-207.4.
Procedures for issuing and serving process in
overweight vehicle cases.
294
Any officer authorized to enforce overweight vehicle laws may
295 issue a citation for violation of such laws. Such officer may also
296 serve an attachment summons issued by a iudge or maqistrate in
297 connection with a weiqht violation.
298 Service of any such citation shall be made upon the driver of
299 the motor vehicle involved in the violation. Such service on the
300 driver shall have the same leqal force and validity as if served
301 within the city personally upon the owner, operator, or other
302 person charged with the weiqht violation, whether such owner,
303 operator, or other person charged is a resident or nonresident.
304 Adopted by the Council of the City of Virginia Beach, Virginia
day of
September
, 1992.
305
on the First
306 CA-4709
307 \ORDIN\PROPOSED\21-207ET.PRO
308 R-3
9
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-13-
Item W-G.3.
CONSENT AGENDA
ITEM # 36011
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $25,000 Grant from the
Virginia Department of Mental Health, Mental Retardation and Substance
Abuse Services to the Department of Mental Health, Mental Retardation
and Substance Abuse re advance the independence, productivity and
participation of people with developmental disabilities; and, increase
estimated revenues from the Commonwealth by corresponding amount.
Voting: 10-0
Council Members Voting Aye:
Linwood 0. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
I,
IIII
1 AN ORDINANCE '10 APPROPRIATE $25,000 '10 '!HE DEPARIMENT
2 OF MENTAL HFAL'IH, MENI'AL REI'ARDi\TION, AND SUBSTANCE
3 ABUSE '10 HELP AJJVANCE '!HE INDEPENDENCE, PROIXJCI'IVITY, AND
4 PARI'ICIPATION OF PEOPIE WITH DE.VEIDIMENTAL DISABILITIES
5 WHEREAS, the Community Services Board is responsible for coordinating programs
6 for people with developmental disabilities;
7 WHEREAS, the Virginia Deparbnent of Mental Health, Mental Retardation, and
8 SUbstance Abuse s~ices has granted federal funcli.n;J in the am:>unt of $25,000 to the
9 Community s~ices Board to promote implementation of Section 504 of the federal
10 Rehabilitation Act, the Non-Discrimination Regulations for Virginians with Disabilities
11 Act, and the Americans with Disabilities Act;
12 WHEREAS, this project will help advance the indeperrlence, productivity, and
13 participation of people with developmental disabilities;
14 WHEREAS, this project requires no additional city positions or city funding;
15 NOW, 'I'HffiEFORE, BE IT ORDAINED BY THE CITY CDUNCIL OF THE CITY OF V]R;INIA BEACH,
16 VIRGINIA, that funding in the am:>unt of $25,000 be accepted and appropriated from the
17 Virginia Deparbnent of Mental Health, Mental Retardation, and SUbstance Abuse s~ices
18 to the Deparbnent of Mental Health, Mental Retardation, and SUbstance Abuse to help
19 advance the independence , productivity, and participation of people with developmental
20 disabilities.
21 BE IT FURl'HER ORDAINED that appropriations be offset by a $25,000 increase in
22 estimated revenue.
23 Adopted by the City Council of the City of Virginia Beach, Virginia, this
24
First
day of September
, 1992.
25 'Ibis ordinance shall be effective from the date of its adoption.
27
APPROVED AS '10 OONI'ENT
.~~
r
APPROVED AS TO
lEGAL SUfFICIENCY
iJiuAJ (1tt(If~
26
- a.~_~
I
28
Walter C. Kraemer, Jr.
" II
II
III II
-14-
Item W-G.4.
CONSENT AGENDA
ITEM # 36012
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $1,100 Grant from the
Department of Motor Vehicles Community Traffic Safety Program to the
Police Department re purchasing five spectrophotometers; and, increase
estimated revenues from the Commonwealth by corresponding amount.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
I,
II II
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $1,100 GRANT FROM
THE DEPARTMENT OF MOTOR VEHICLES COMMUNITY TRAFFIC SAFETY
PROGRAM FOR THE PURPOSE OF PURCHASING FIVE SPECTROPHOTOMETERS
(MEASURES THE AMOUNT OF LIGHT PASSING THROUGH CAR WINDOWS)
1 WHEREAS, excessive tinting of automobile windows has been
2 deemed unlawful due to the danger to police officers and the
3 motoring public and a law change in July, 1991 requires that
4 officers establish the "luminous transmittance" of automobile
5 windows to successfully prosecute such cases;
6 WHEREAS, the Department of Motor Vehicles Communi ty
7 Traffic Safety Program has made a $1,100 reimbursement grant
8 available to the City for the purpose of purchasing five
9 spectrophotometers to measure the amount of light passing through
10 car windows;
11 WHEREAS, no City funding is required.
12 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA, that the $1,100 grant from the
14 Department of Motor Vehicles Community Traffic Safety Program for
15 the purpose of purchasing five (5) spectrophotometers be accepted
16 and appropriated.
17 BE IT FURTHER ORDAINED, that the estimated revenues from
18 the Commonwealth be increased by $1,100 for this grant.
19 Adopted by the City Council of the City of Virginia
20 Beach, Virginia on this day 1 September , 1992.
APPROVEO AS TO
LEGAL SUFfICIENCY
Dfwt f: 1a1f~
~~~
WAL TEA C. KRAEMER. JR.
OFFICE OF BUDGET AND EVAlUATION
I,
1'1 'I
-15 -
Item W-G.5.
CONSENT AGENDA
ITEM # 36013
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $1,074 Donation
from the Fourth Precinct Citizens Advisory Board re purchasing a
laser printer.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
I'
"1 II
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $1,074 DONATION
FROM THE FOURTH PRECINCT CITIZENS ADVISORY BOARD FOR THE
PURPOSE OF PURCHASING A LASER PRINTER
1
WHEREAS, the citizens Advisory Board at the Fourth
2 Precinct has already donated a microcomputer to assist in tracking
3 crimes and statistical tasks and has donated $1,074 for the purpose
4 of purchasing a laser printer to be used with the microcomputer;
5 WHEREAS, the donation of these funds will significantly
6 help in the analysis of criminal activities in the Fourth Precinct
7 and the Virginia Beach Police Department is very appreciative of
8 this gesture on the part of the Fourth Precinct citizens Advisory
9 Board.
10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
11 CITY OF VIRGINIA BEACH, VIRGINIA, that the $1,074 donation from the
12 Fourth Precinct citizens Advisory Board be accepted and
13 appropriated for the purpose of purchasing a laser printer.
14
BE IT FURTHER ORDAINED, that the estimate for
15 Miscellaneous Revenues in the FY 1992-93 Operating Budget be
16 increased by $1,074 to reflect this donation.
17 Adopted by the ci ty Council of the City of Virginia
18
Beach, Virginia on this day
September 1,
, 1992.
APPROVED IS TOL
~~~
WALTER C. EA. JR.
OFFICE OF BUDGET AND EVALUAnON
',,' Li I LI
',_,nJ..LI ,-,' UI I J.I...,L
I I.-L..' ',_/1,-,'''''''' ...,..:- I
, -' _I
l
TRUST AGREEMENT
I ( Foorth Police Precinct Citizens Mvisory Camrl.ttee
- (Grantor)
840 I<arpsyille Road, Virginia Beach, Virginia 23464
(Address)
hereby roake a gift to the city of Virginia Beach{ virginia in the
amount of $_ 1,074.00 for the following purpose:
Purchase of cae (1) Hewlett paclcar:d LaserJet III-P pr:inter With lower alSsette
Qf
option aOO rte'OCIry upgrGrle: donated to Fwrth Prec:inct, Virginia Beach Police
~t, to catplete ctnplter system purchased by Fourth Precinct Citizen's
Mvisory CamUttee for Operational Analysis Unit of the Fourth Precinct.
'1~~~~. ~)~~ ~/lolq?J-..
. Grantor ~(J~I ~
c..~_,
! have received the above ref~renced gift on behalt of the
city of Virginia 5each{ virginia.
CITY OF VIRGINIA BEACH
By
Authorized Agent
II 1,1 II
- 16 -
Item IV-G.6.
CONSENT AGENDA
ITEM # 36014
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to TRANSFER $204,134 from Various Completed
Capital Improvement Projects and $20,000 from the Department of
Housing and Neighborhood Preservation Project Contingency
Account to CIP Project 2-984 Seatack lIB Street and Drainage
Improvements.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
II III
1 AN ORDINANCE TO TRANSFER $224,134 FROM VARIOUS COMPLETED
2 CAPITAL IMPROVEMENT PROJECTS AND FROM THE DEPARTMENT
3 OF HOUSING AND NEIGHBORHOOD PRESERVATION TO CIP
4 PROJECT 2-984 SEATACK liB STREET AND DRAINAGE IMPROVEMENTS
5 WHEREAS, CIP Project 2-984 Seatack liB Street and Drainage Improvements will provide
6 street Improvements and a piped drainage system to the southern portion of the Seatack
7 neighborhood;
8 WHEREAS, staff have recently completed a comprehensive project review and have found that
9 the total project need is $ 2,321,445;
10 WHEREAS, this total Is $224,134 more than current adjusted appropriations for the project;
11 WHEREAS, $204,134 has been identified in available funds from various completed capital
12 Improvement projects and $20,000 Is available from the Department of Housing and Neighborhood
13 Preservation Project Contingency account.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA, that $224,134 be transferred to CIP Project 2-984 Seatack liB Street and Drainage
16 Improvements with $204,134 to come from other capital improvement projects which have been
17 completed and $20,000 from the Department of Housing and Neighborhood Preservation Project
18 Contingency Account.
19 This ordinance shall be effective from the date of its adoption.
20 Adopted the ---1L day of September ,1992, by the Council of the City of Virginia Beach,
21 Virginia.
Approved as to Content
/',7. ~7LA' /7/
".,:..yr~..r~/~
alter C. Kraemer, Jr
Department of Management and Budget
~~r/o- ~~.
~~
I'
Iii II
-17-
Item W-G.7.
CONSENT AGENDA
ITEM # 36015
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
LOW BIDS with advance notice to proceed:
CONRAD BROTHERS,INC.
INC.
Resort Streetscape
Improvements
Section 4, Phase 2
(CIP 2-049)
$3,890,750.40
McKENZIE CONSTRUCTION
CORPORATION
Resort Streetscape
Section 5, Phase 2
(CIP 2-049)
$2,115,561.25
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James ~ Brazier, Jr., Robert ~ Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
'I II
-18 -
Item III-H.
PUBliC HEARING
ITEM # 36016
Mayor Meyera E. Oberndorf DECLARED a PUBliC HEARING on:
AUTHORIZATION FOR THE ISSUANCE OF $1,000,000 GENERAL
OBLIGATION SCHOOL BONDS (Tallwood High School)
There being no speakers registered, Mayor Oberndorf CLOSED the PUBliC HEARING.
Vice Mayor Sessoms ABSTAINED as he is employed by Central Fidelity Bank which will be holding some
of these funds.
Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was
currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
September 1, 1992
I' 1,1 II
- 19-
Item III-I.l.
RESOLUTION
ITEM # 36017
Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council ADOPTED:
Resolution authorizing the issuance, not to exceed $1,000,000, of General
Obligation School Bonds, Series 1992, of the City of Virginia Beach,
Virginia, to be sold to the Virginia Public School Authority; and,
providing for the form, details and payment thereof.
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, III, James Jv. Brazier, Jr., Robert Jv. Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
Vice Mayor Sessoms ABSTAINED as he is employed by Central Fidelity Bank which will be holding some
of these funds.
Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was
currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
September 1, 1992
II II
At a regular meeting of the Council of the city of virginia
Beach, Virginia, held on the 1st day of September, 1992, at the
time and place established by such Council for its regular
meetings, at which the following members were present and absent:
PRESENT:
Linwood O. Branch, III
James W. Brazier, Jr.
Robert W. Clyburn
Robert K. Dean
Louis R. Jones
Paul J. Lanteigne
John D. Moss
Mayor Meyera E. Oberndorf
Nancy K. Parker
Vice Mayor William D. Sessoms, Jr.
ABSENT:
John A. Baum
the following resolution was adopted by the affirmative roll call
vote of a majority of all members of the Council, the ayes and nays
being recorded in the minutes of the meeting as shown below:
MEMBER
VOTE
Linwood O. Branch, III
James W. Brazier, Jr.
Robert W. Clyburn
Robert K. Dean
Louis R. Jones
Paul J. Lanteigne
John D. Moss
Mayor Meyera E. Oberndorf
Nancy K. Parker
Vice Mayor William D. Sessoms, Jr.
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Abstain
II
III II
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,000,000
GENERAL OBLIGATION SCHOOL BONDS, SERIES 1992, OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC
SCHOOL AUTHORITY AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF
WHEREAS, in June 1991, the Commonwealth of Virginia Board of
Education (the "Board of Education") placed the application (the
"Application") of the School Board of the City of Virginia Beach,
Virginia (the "School Board"), for a loan of $1,000,000 (the
"Literary Fund Loan") from the Literary Fund, a permanent trust
fund established by the Constitution of Virginia and dedicated to
the support of public education in the Commonwealth of Virginia
(the "Literary Fund"), for the construction, renovation and
expansion of school buildings (the "Project") in the city of
Virginia Beach, Virginia (the "City"), on the First Priority
Waiting List;
WHEREAS, the Board of Education was to have approved the
release of Literary Fund moneys to the School Board and made a
commitment to loan such moneys to the School Board (the "Commit-
ment") within one year of placement of the Application on the First
Priority waiting List upon (a) receipt by the Literary Fund of an
available unencumbered sum at least equal to the amount of the
Application and (b) the approval, by the Board of Education, of the
Application as having met all conditions for a loan from the
Literary Fund;
WHEREAS, the Board of Education was thereafter to have made
advances on the amount of the Commitment for the Literary Fund Loan
to the School Board, as construction or renovation of the Project
progressed, in exchange for temporary notes from the School Board
to the Literary Fund (the "Temporary Notes") for the amounts so
advanced;
WHEREAS, after the completion of the Project and the advance
of the total amount of the Commitment, the Temporary Notes were to
have been consolidated into a permanent loan note of the School
Board to the Literary Fund (the "Literary Fund Obligation") which
was to evidence the obligation of the School Board to repay the
Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne
interest at 4% per year and mature in annual installments for a
period of 20 years;
WHEREAS, in connection with the 1992 Interest Rate Subsidy
Program (the "Program"), the Virginia Public School Authority (the
"VPSA") has offered to purchase general obligation school bonds of
-2-
c:tVED 'AS TO CONTENT S
/i-W' (j ?j~
SIGNATURE
~c~..r)~ Q_
DEPARTMENT
"
'"
APPROVED AS TO LEGAL
SUfFlOENCY AND fORM
i1.Klt{Q f. 7flG11(JAJAtvV-:-
CITY A 'HORN~Y
II II
the city and the Board of Education has offered to pay to the City,
a lump sum cash payment (the "Lump Sum Cash Payment") equal to the
sum of (a) the net present value difference, determined on the date
that VPSA sells its bonds, between the interest rate that the
general obligation school bonds of the city will bear upon sale to
the VPSA and the interest rate that the Literary Fund Obligation
would have borne plus (b) an allowance for the costs of issuing
such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the issuance of $68,375,000 bonds of the City was
authorized by an ordinance adopted by the city council of the city
of Virginia Beach, Virginia (the "council") on August 21, 1989,
after a public hearing was held on such date, and approved by the
qualified voters of the city at an election held on November 7,
1989, to finance continuing development of the city's school
system, $47,500,000 of which bonds have been issued and sold;
WHEREAS, the Council has determined that it is necessary and
expedient to borrow in the maximum amount of $1,000,000 and to
issue its general obligation school bonds for the purpose of
financing certain capital projects for school purposes; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. Issuance of Bonds and Use of Proceeds. The Council has
determined previously that it is advisable to contract a debt and
issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $1,000,000 (the "Bonds") for the
purpose of financing certain capital projects for school purposes.
The Council provides for the issuance and sal€ of the Bonds in the
form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best
interest of the city to accept (a) the offer of the VPSA and the
Board of Education for the VPSA to purchase from the city, and the
City to sell to the VPSA, the Bonds in a principal amount at the
price of par, which when added to the Lump Sum Cash Payment, will
be approximately equal to the capital cost of the Project approved
by the Board of Education plus the Issuance Expense Allowance, upon
the terms established pursuant to this Resolution and (b) the Lump
Sum Cash Payment from the Board of Education. The Mayor, the City
Manager, and such officer or officers of the city as either may
designate are authorized and directed to enter into a Bond Sale
Agreement dated September 24, 1992, with the VPSA providing for the
sale of the Bonds to the VPSA in substantially the form submitted
to the Council at this meeting, which form is approved (the "Bond
Sale Agreement") and to accept the Lump Sum Cash Payment from the
Board of Education.
3. Details of the Bonds. The Bonds shall be issuable in
registered form; shall be dated the date of issuance and delivery
-3-
II
III II
of the Bonds; shall be designated "General obligation School Bonds,
Series 1992;" shall bear interest payable from the date of delivery
thereof semi-annually on each January 15 and July 15, beginning
January 15, 1993 (each an "Interest Payment Date"), sUbject to the
provisions of section 4 of this Resolution, at the rates per year
established in accordance with section 4 of this Resolution; and
shall mature on July 15 in the years (each a "Principal Payment
Date") and in the amounts set forth on Schedule I to Appendix A
attached hereto (the "Principal Installments"), subject to the
provisions of section 4 of this Resolution.
4. Interest Rates and Princioal Installments. The City
Manager is authorized and directed to accept the interest rates on
the Bonds established by the VPSA, provided that no such interest
rate shall be more than ten one-hundredths of one percent (0.10%)
over the annual rate to be paid by the VPSA for the corresponding
maturity of the bonds to be issued by the VPSA (the "VPSA Bonds"),
a portion of the proceeds of which will be used to purchase the
Bonds, and provided further, that no interest rate on the Bonds
shall exceed nine percent (9%) per year. The Interest Payment
Dates and the principal Installments are subject to change at the
request of the VPSA. The City Manager is authorized and directed
to accept changes in the Interest Payment Dates and the Principal
Installments at the request of the VPSA, provided that the
aggregate principal amount of the Bonds shall not exceed the amount
authorized by this Resolution. The execution and delivery of the
Bonds as described in section 8 hereof shall conclusively evidence
such interest rates established by the VPSA and Interest Payment
Dates and the Principal Installments requested by the VPSA as
having been so accepted as authorized by this Resolution.
Following the sale of the Bonds, the City Manager shall file a
certificate with the city Clerk setting forth the final terms and
purchase price of the Bonds.
5. Form of the Bonds. For as long as the VPSA is the
registered owner of the Bonds, the Bonds shall be in the form of a
single, temporary typewritten bond substantially in the form
attached hereto as Exhibit A.
6. PaYment: pavinq Aqent and Bond Reqistrar. The following
provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of
the Bonds, all payments of principal of and interest on the Bonds
shall be made in immediately available funds to the VPSA at or
before 11: 00 a. m. (Richmond, Virginia, time) on the applicable
Interest Payment Date or Principal Payment Date, or if such date is
not a business day for Virginia banks or for the Commonwealth of
Virginia, then at or before 11:00 a.m (Richmond, Virginia, time) on
the business day next preceding such Interest Payment Date or
Principal Payment Date.
-4-
III II
(b) All overdue payments of principal or interest, to
the extent permitted by law, shall bear interest at the applicable
interest rate or rates on the Bonds.
(c) Signet Trust Company, Richmond, Virginia, is
designated as Bond Registrar and Paying Agent for the Bonds.
7. No Prepayment. The Principal Installments of the Bonds
shall not be subject to prepayment. Furthermore, the Council
covenants, on behalf of the City, not to refund or refinance the
Bonds without first obtaining the written consent of the VPSA.
8. Execution of the Bonds. The Bonds shall be signed by the
Mayor or Vice-Mayor of the City, and the City's seal shall be
affixed thereon and attested by the City Clerk or by any of its
Deputy Clerks.
9. Pledqe of Full Faith and credit. For the prompt payment
of the principal of and the interest on the Bonds as the same shall
become due, the full faith and credit of the city are irrevocably
pledged, and in each year while any of the Bonds shall be outstand-
ing there shall be levied and collected in accordance with law an
annual ad valorem tax upon all taxable property in the city subject
to local taxation sufficient in amount to provide for the payment
of the principal of and the interest on the Bonds as the same shall
become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied
in the City to the extent other funds of the city are not lawfully
available and appropriated for such purpose.
10. Use of Proceeds certificate. The Mayor, the City Manager
and such officer or officers of the City as either may designate
are authorized and directed to execute a Non-Arbitrage certificate
and a Use of Proceeds certificate each setting forth the expected
use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the
provisions of the Internal Revenue Code of 1986, as amended (the
"Code"), and applicable regulations relating to the exclusion from
gross income of interest on the Bonds and on the VPSA Bonds except
as provided below. The Council covenants on behalf of the city
that (a) the proceeds from the issuance and sale of the Bonds will
be invested and expended as set forth in such Non-Arbitrage
certificate and such Use of Proceeds certificate and that the City
shall comply with the other covenants and representations contained
therein, (b) that the City shall not file a Form 8038-G for the
Bonds with the Internal Revenue Service, and (c) that the City
shall comply with (i) the provisions of the Code, except as
provided above, so that except for the fact that the Form 8038-G
for the Bonds has not been filed with the Internal Revenue service,
interest on the Bonds would be excludable from gross income for
federal income tax purposes and (ii) the provisions of the Code so
-5-
I,
III II
that interest on the VPSA Bonds will remain excludable from gross
income for Federal income tax purposes.
11. Restrictions on Private Use. The city covenants that it
will not permit the gross proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds being
used in a trade or business carried on by any person other than a
governmental unit, as provided in Code section 141(b), (b) 5% or
more of such proceeds being used with respect to any "output
facility" (other than a facility for the furnishing of water),
within the meaning of Code section 141(b) (4), 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
Code section 141(C); provided, however, that if the city receives
an opinion of bond counsel to the VPSA with respect to the VPSA
Bonds, that compliance with any such restriction is not required to
prevent interest on the VPSA 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 restriction.
12. state Non-Arbitraqe Program: Proceeds Aqreement. The
Council determines that it is in the best interests of the City to
authorize and direct the city Treasurer to participate in the State
Non-Arbi trage Program in connection with the Bonds. The Mayor, the
city Manager and such officer or officers of the city as either may
designate are authorized and directed to execute and deliver a
Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants
in the sale of the VPSA Bonds, the VPSA, Public Financial Manage-
ment, Inc., as investment manager, and Cent~al Fidelity Bank, as
depository, substantially in the form submitted to the Council at
this meeting, which form is approved.
13. Filing of Resolution. The appropriate officers or agents
of the City are authorized and directed to cause a certified copy
of this Resolution to be filed with the Circuit Court of the City.
14. Applicable Law. The City elects that the Bonds shall be
issued pursuant to the Public Finance Act of 1991, Section 15.1-
227.1 et. seq. of the Code of Virginia of 1950, as amended.
15. Further Actions. The members of the Council and all
officers, employees and agents of the City are authorized to take
such action as they or anyone of them may consider necessary or
desirable in connection with the issuance and sale of the Bonds and
any such action previously taken is ratified and confirmed.
16. Effective Date.
immediately.
This Resolution shall take effect
-6-
11,1
The undersigned Clerk of the City of Virginia Beach, Virginia,
certifies that the foregoing constitutes a true and correct extract
from the minutes of a meeting of the Council of the ci ty of
Virginia Beach, Virginia, held on September 1, 1992, and of the
whole thereof so far as applicable to the matters referred to in
such extract. I further certify that such meeting was a regularly
scheduled meeting and that, during the consideration of the
foregoing resolution, a quorum was present.
WITNESS my signature and seal of the City of Virginia Beach,
Virginia, this ___ day of September, 1992.
Clerk, city of Virginia Beach,
Virginia
(SEAL)
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1
$1,000,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, VIRGINIA
General Obligation School Bond
Series 1992
THE CITY OF VIRGINIA BEACH, VIRGINIA (the "city"), for value
received, acknowledges itself indebted and promises to pay to the
VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of ONE
MILLION DOLLARS ($1,000,000), in annual installments in the amounts
set forth on Schedule I attached hereto payable on July 15, 1993,
and annually on July 15 thereafter to and including July 15, 201
(each a "Principal Payment Date"), together with interest from the
date of this Bond on the unpaid installments, payable semi-annually
on each January 15 and July 15, commencing on January 15, 1993
(each an "Interest Payment Date"; together with any Principal
Payment Date, a "Payment Date"), at the rates per year set forth on
Schedule I attached hereto. Both principal of. and interest on this
Bond are payable in lawful money of the United States of America.
For as long as the Virginia Public school Authority is the
registered owner of this Bond, signet Trust Company, Richmond,
Virginia, as bond registrar (the "Bond Registrar"), shall make all
payments of principal of and interest on this Bond, without the
presentation or surrender hereof, to the Virginia Public School
Authority, in immediately available funds at or before 11:00 a.m.
(Richmond, Virginia, time) on the applicable Payment Date. If a
Payment Date is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of
principal of or interest on this Bond shall be made in immediately
available funds at or before 11:00 a.m. (Richmond, Virginia, time)
on the business day next preceding the scheduled Payment Date.
Upon receipt by the registered owner of this Bond of said payments
of principal and interest, written acknowledgment of the receipt
thereof shall be given promptly to the Bond Registrar, and the City
shall be fully discharged of its obligation on this Bond to the
extent of the payment so made. Upon final payment, this Bond shall
be surrendered to the Bond Registrar for cancellation.
A-1
1II1
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and interest on this Bond. The
resolution adopted by the city council providing for the issuance
of the Bonds provides, and section 15.1-227.25 of the Code of
Virginia 1950, as amended, requires, that there shall be levied and
collected an annual ad valorem tax upon all taxable property in the
city subject to local taxation sufficient in amount to provide for
the payment of the principal of and the interest on this Bond as
the same shall become due which tax shall be without limitation as
to rate or amount and shall be in addition to all other taxes
authorized to be levied in the City to the extent other funds of
the City are not lawfully available and appropriated for such
purpose.
This Bond is duly authorized and issued in compliance with and
pursuant to the Consti tution and laws of the Commonweal th of
Virginia, including the City Charter and the Public Finance Act of
1991, Chapter 5.1, Title 15.1, Code of Virginia 1950, as amended,
and a resolution duly adopted by the City Council to provide funds
for capital projects for school purposes.
This Bond is registered in the name of Virginia Public School
Authority on books of the city kept by the Bond Registrar, and the
transfer of this Bond may be effected by the registered owner of
this Bond only upon due execution of an assignment by such
registered owner.
The principal installments of this bond are not subject to
prepayment.
All acts, conditions and things required by the Constitution
and laws 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 in due time, form and
manner as so required, and this Bond, together with all other
indebtedness of the City, is wi thin every debt and other limit
prescribed by the Constitution and laws of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has
caused this Bond to be issued in the name of the City of Virginia
Beach, Virginia, to be signed by its Mayor, its seal to be affixed
hereto and attested by its Clerk, and this Bond to be dated
November 5, 1992.
ATTEST:
Clerk, city of Virginia
Beach, Virginia
(SEAL)
Mayor, City of Virginia
Beach, Virginia
A-2
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III II
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers
unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to
exchange said Bond for definitive bonds in lieu of which this Bond
is issued and to register the transfer of such definitive bonds on
the books kept for registration thereof, with full power of
substitution in the premises.
Date:
'. Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by a member firm of
the New York Stock Exchange or
a commercial bank or trust com-
pany. )
(NOTICE: The signature above
must correspond with the name of
the Registered Owner as it ap-
pears on the front of this Bond
in every particular, without
alteration or change.)
~
A-3
III II
SCHEDULE J:
CJ:TY OF VJ:RGJ:NJ:A BEACH, VJ:RGJ:NJ:A
$1,000,000 GENERAL OBLJ:GATJ:ON SCHOOL BOND, SERJ:ES 1992
Year Amount
1994 50,000
1995 50,000
1996 50,000
1997 50,000
1998 50,000
1999 50,000
2000 50,000
2001 50,000
2002 50,000
2003 50,000
2004 50,000
2005 50,000
2006 50,000
2007 50,000
2008 50,000
2009 '. 50,000
2010 50,000
2011 50,000
2012 50,000
2013 50,000
1-4
III II
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Item III-I.J.
APPOINTMENT
ITEM # 36018
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPPOINTED:
PUBUC UBRARY BOARD
Crisanto D. Romero
Three year term
9/1/92 thru 8/31/95
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
"I II
- 21 -
Item W-K1.
UNFINISHED BUSINESS
ITEM # 36019
Rae H. LeSesne, 5325 Thornburg lane, Phone: 497-8009, represented the Citizens Action Coalition and
spoke in SUPPORT of the Resolution to not include a tax increase in the FY 1993-94 Operating Budget.
Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED, AS
REVISED:.
Resolution directing the City Manager to provide City Council with a
Biennial Budget and for programming the FY 1993-1994 Operating
Budget.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baurn
September 1, 1992
IIII1
Requested by Councilmembers Nancy K. Parker, John D. Moss and Louis
R. Jones
1 A RESOLUTION DIRECTING THE CITY
2 MANAGER TO PROVIDE CITY COUNCIL WITH
3 A BIENNIAL BUDGET FOR PROGRAMMING
4 THE FY 1993-94 OPERATING BUDGET
5 WHEREAS, Virginia Beach and the Hampton Roads region are
6 suffering from a nationwide recession;
7
WHEREAS, the working citizens of the City are being
8 affected by job lay-offs, reduced working hours, and related wage
9 reductions due, in part, to cutbacks in military spending and
10 burdensome private and public sector debt servicing costs;
11 WHEREAS, senior citizens have seen their fixed disposable
12 income reduced due to inflation/taxation and reduced earnings on
13 investments;
14 WHEREAS, businesses in Virginia Beach and the region are
15 struggling for survival due to the compounding effect of the
16 economic downturn;
17 WHEREAS, the Hampton Roads region has yet to feel the
18 total effect of defense reductions in spending and employment;
19
WHEREAS, it is the responsibility of the elected
20 officials to provide essential governmental services in a manner
21 that is cost-effective and reflective of the community's needs and
22 ability to pay; and
23
WHEREAS, raising taxes in a recession and/or economic
24 slowdown is counterproductive to economic recovery.
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the City Manager is directed to provide the City
28 Council with the following:
29
1. A biennial budget reflecting FY 1993-94 and 1994-95
30 expenditures and revenues; and
31
2. That City Council, by December 1, 1992, shall provide
32 to the City Manager direction as to budgetary and investment
33 priorities based on Council's adopted Top 5 priorities, which are:
II
111'1
34
1.
Providing quality education
35
2 .
Enhancing fiscal stability of the City
36
3.
Enhancing economic vitality
37
4.
Securing an adequate water supply
38
5.
Promotion
of
tourism
and
recreational
39
opportunities
40
Adopted by the Council of the city of virginia Beach,
41
Virginia, on the
1
day of
September
, 1992.
42 CA-4803
43 ORDIN\NONCODE\BUDGET.RES
44 R-4
2
II III II
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Item /V-L.1.a.
NEW BUSINESS
ITEM # 36020
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council DEFERRED until
the City Council Session of September 22, 1992:
Resolution establishing a Legislative Committee for the purpose of
making recommendations to City Council re City's legislative package.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, James w: Brazier, Jr., Robert w: Clyburn,
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 1, 1992
Item IV-L2.a.
NEW BUSINESS
- 23-
ITEM # 36021
BY CONSENSUS, City Council DEFERRED until September 22, 1992:
NATIONAL LEAGUE OF CITIES
Designation of Voting and alternate Voting Delegates
1992 Annual Conference
New Orleans, Louisiona
III
September 1, 1992
Item IV-M.1.
ADJOURNMENT
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ITEM # 36022
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 2:28 P.M.
eJI & ~~
~----~~~-----------
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~:;:1..~-------
City Clerk
City of Virginia Beach
Virginia
0D~'O~ ,~_
Z;~~:;;;;;:rf
Mayor
1III
September 1, 1992