HomeMy WebLinkAboutAUGUST 29, 1988 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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.UB- V --, j@,, @i, M.-@ CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202
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August 29, 1988
ITEM I. CITY 14Al4AGM IS BRIEFING - Oonference Room 11:00 AN
A. FUNDING ALTERNATIVES FOR LAKE GASTON PROJECT
Giles Dodd, Assista-nt City Manager, Administration
Clarence Warnstaff, Director of Public Utilities
ITIM II. COBIFERENCE SESSION - Conference Room 12 Nc>on
A. CITY COUNCIL CCHCERNS
ITEM III. INFCRMAL SESSION - Conference Room 12:30 PM
A. CALL TO CRDER - @yor @yera E. OI)erndorf
B. ROIJ, CALL OF COUNCIL
C. RWESS TO EXBCUTIVE SESSION
ITEM IV. PCRMAL SESSIOli - Council Chamber 2:00 PM
A. INVOCATION: Reverend E. Ray Cox, Sr.
New Hope Baptist Church
B. PIEDGE CF ALLEGIAITCE TO THE FLAG CF TIM UNITED STATES OF A14ERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
C. MINURES
1. INFORMAL & FORMAL SESSIONS - August 22, 1988
D. CEREMONIAL PRESENTATIONS
1. RESOLUTION IN RE)COGNITION
a. JULIE SHIFLET TENNIS AWARDS
E. PUBLIC HEARING
THE ISSUAWE CF WATER AND SEIFER BONDS CF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMU4 AmouNT oF $200,000,000,SUBJBCT TO
THE APPROVAL OF THE giALIFIED VOTERS.
F. RESOLUTION/CRDINIKWES
1. Resolution authorizing Virginia Beach CLty Council to seek the
permission of the electorate at the General Election in November
with appropriate ballot @rding, to issue bonds and authorize the
financing, construction ard operation of a water supply and
transmission system for the City of Virginia Beach.
2. Ordinance upon FIRST REKDING authorizing the issuance of Water and
Sever Bonds of the City of Virginia Beach, Virginia, in the maximum
arnount of $200,000,000, subject tD the approval of the qualified
voters.
3. Ordinances authorizing ACQUISrfIOn of PROPERTY in fee simple for
right-of-way for the LaLke Gaston Water Pipeline and the ACQUISITION
of TEKPORARY AND PERMANEIIT BASEMENTS of right-of-way, either by
agreement or condemnation:
a. Windsor District, Isle of Wight County, Virginia Parcels
1 60-A, 1 63-A, 159-A, 1 59, and 1 41 through 1 58 .
b. Llrewryville District, Southampton CDunty, Virginia Parcel
140-A,
C. Nottowy District, Greensville Cbunty, Virginia -- Parcels 123
through 135, 114, 115, 090 through 093, 096, 097, 099 though
103, 087, 088, 080,084 and 086.
d. Belfield District, Greensville County, Virginia -- Parcels 068
through 074.
e. Sturgeon District, Llrmswick Cbunty, Virginia Parcels 066
through 068 and 065.
f. Powellton District, Brunswick (bunty, Virginia Parcel 064,
012, 014 throuqh 018, 021, 023 through 037, 039, 042 through
045, 048, 049, and 001 through 010.
g. Windsor District, Isle of Wight Oounty, Virginia -- Parcels 164
through 170.
4. ENCROACE14ENT
a. International Ieisure Corp, T/A the RDyal London Wax maseum
Maintain existing encroachment by signage upon marquee at
16th Street and Atlantic Avenue (Virginia Beach Borough)
Deferred August 15 and August 22, 1988
Recommendation: DENIAL
5. Ordinance upon FIRST READING bi) appropriate $50,000 for
Oorrectional Center expenditures for food and food service items.
6. ordinance authorizing the CLty of Virginia Beach to enter into an
agreement with the School Board of the City of Virginia Beach for
the purpose of:
a. @ansferring the City's contribution to an employee's health
care premiums to the family plan of a School Board-sponsored
health care program chosen by the employee's spouse;
b. Bidding jointly with the School Board for the services of one
or more health care organization(s) to provide group health
insurance to all City and School Board employees as one group;
C. Ehgaging in a study with the School Board bD review any other
options that may be available to reduce the costs of health
care bc) the City and the School Board.
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. RESOLURIONS IN RECOGNITION
a. Julie Shiflet
2. Resolution supporting Industrial Access Railroad Track Pdnds from
the Commonwealth of Virginia for Dynaric, Incorporated.
3. Resolution authorizing renovations to the ODuncills and CLty
Manager's Administrative Offices
4. Crdinance to AMEND and RECRDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 2-106 re ReinstateiRent of aty lhployees
b. Section 2-105 re Reemployment of City lhployees
5. Crdinance to TPANSFER $15,366 within the FY 1988-89 Operating
Budget bD continue the rental agreement for the Kempsville Mosquito
Control Site and to AUFHORIZE the CLty Manager to enter into a
contract for the lease of the property.
6. AGREE14ENTS AND CIARIFICATIONS to the January 22, 1986 AGREEMMU
between the City and the School Board-.
a. 'Ib establish and operate a Joint Cable Center
AND
b. Th create a Joint Cable Genter Board
7. COST PARTICIPATION AGRE34ENTS
Buyrn @rm South - Sewer $ 69,576.00
Hartford G]-en - Water and Sewer (water) $ 31,900.00
(sew,er) $164,873.50
Wimbledon on the Bay - Sewer $ 92,469.00
Glenwood, Phase 4 - Salern Pump Station $ 47,152.00
8. ION BID to Asphalt Roads & Materials Company, Inc. for the 1988-89
Var io us Roads Contract in the amount of $343,382.50 to pr ov ide
minor city-wide construction projects for various city agencies.
9. LCw BID to Contractors Paving Company, Inc. in the amount of
$3,569,812.30 for:
a. Lynnhaven Parkway Phase V (CIP 2-935) $2,273,759.37
b. Recreation Drive Bridge (CIP 2-8213) $1,296,052.91
1 0. RAFFLE PERMITS
HLMANA HOSPITAL BAYSIDE
LADIES AUXILTARY, KNIGHTS OF COLUMBLTS #4632
11. Ordinance authorizing tax refunds in the amount of $784.27
1 2. Ordinance auhorizing license refunds in the amount of $60,980.73
H. APPOINTt4EM
1. TIDEWATER TRANSPORTATION DISTRICT COMMISSION
I. UNFINISHED BUSINESS
J. MW BUS INESS
K. ADJOURNKENT
CITY COUNCIL SESSIONS
RESCHEDULED
SEPTEMBER 6, 1988 2:00 PM
RESCHEDULE OF SEPTIMBER 12
"ROSH HASHANAH"
OCTOBER 31, 1988 2:00 PM
RESCHEDULE OF OCTOBER 3
"VIRGINIA MUNICIPAL LEAGUE"
All other Sessions will be in accordance
with the City (bde
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 29, 1988
The CITY MANAGER'S BRIEFING on the FUNDING ALTERNATIVES FOR LAKE GASTON
PROJECT for the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor
Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday,
August 29, 1988, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms
Council Members Absent:
Councilwoman Reba S. McClanan (Out of the City on Personal Business)
John L. Perry (ENTERED: 11:18 A.M.)
- 2 -
C I T Y M A N A G E R 'S B R I E F I N G
FUNDING ALTERNATIVES FOR LAKE GASTON PROJECT
11:00 A.M.
ITEM # 29943
The City Manager introduced Clarence Warnstaff, Director of Public Utilities,
who advised Funding Alternatives for Lake Gaston. The report of the City's
financial consultants, Government Finance Associates, provides information
relative four (4) financing options for the project:
OPTION I - Fixed Rate General Obligation Revenue Bonds
OPTION 2 - Fixed Rate Revenue bonds
OPTION 3 - Variable Rate Demand Bonds
OPTION 4 - Bond Anticipation Notes/Long Term Fixed Rate Debt.
GFA also submitted comments regarding "zero coupon bonds" and "foreign
investment."
The recommendations of GFA today remain the same as they were three (3) years
ago for the issuance of General Obligation Revenue Bonds. These are "GO" Bonds
to which revenues from the Water and the Sanitary Sewer Fund are pledged to
retire the debt. They are referred to as "double barrel bonds".
Mr. Warnstaff summarized the cost difference between the "GO" Revenue Bonds and
the strict Revenue Bonds:
General Obligation Revenue Dollar
Revenue Bonds Bonds Differential
Bond Size $171 $191 $20
Maximum Annual $ 16.7 $ 17.5 $ 0.8
Water Rate per $ .75 $ .79 $ .04
1,000 gallons
The present value savings of issuing General Obligation Revenue Bonds is $5.7-
MILLION over the life of the project.
Clarence Warnstaff advised in the issuance of Revenue Bonds, a coverage
requirement must be maintained. After the payment of operation and maintenance
expense, and debt service on the bond, there must be some margin of safety for
the bond holder. This is computed by taking the operating revenues for the
utility less the operation and maintenance expense less the bond payment, the
debt service payment. There should be some funds remaining which is a margin of
safety to the bond holder and that is called coverage. There is no strict
coverage requirement for "GO" bonds. Because, with the "GO" revenue bonds, the
"double barrel" bonds have the full faith and backing of the City's power to
raise taxes. When revenue bonds are issued, there is a bond coverage
requirement. Because of the higher coverage requirement for Revenue Bonds, and
the magnitude of the Lake Gaston project cost, the probability of coverage
requirements dictating an increase in rates is higher for Revenue Bonds than
for General Obligation Bonds. Without the use of current revenues to fund
"routine capital" and "renewal and replacement funding", coverage requirements
for Lake Gaston Revenue Bonds vs General Obligation Bonds could be as high as
$.26 per 1,000 gallons.
- 3 -
C I T Y M A N A G E R 'S B R I E F I N G
FUNDING ALTERNATIVES FOR LAKE GASTON PROJECT
ITEM # 29943 (Continued)
The coverage for the water and sewer system has not been a factor in causing
water rates to be increased higher than they should in its history. Routine
capital investments and renewal and replacement are funded from the City's
Operating Budget. Those are Capital Related Expenditures that are funded
through current earning which in essence provides the coverage needed to
satisfy a bond coverage requirement debt. If at some time in the future, a
policy decision was reached that the City would not fund routine capital from
the Operating Budget or renewal and replacement through current revenues, the
coverage could become a factor. Under those aforementioned conditions, the
figure of $.26 per 1,000 was calculated.
Due to the uniqueness of the Lake Gaston Water Supply Project, there are
factors that support the use of General Obligation Revenue Bonds over Revenue
Bonds in addition to cost:
1. The potential for some type of litigation will
probably be a cloud over the project until it is
completed. The City will retain greater
flexibility to proceed with full implementation of
the project even with certain elements of
litigation unresolved if it uses General Obligation
Revenue Bonds.
2. Revenues from the Water Resource Recovery Fee are
volatile. They are a direct function of new
connections to the water system and are subject to
the "ups" and "downs" of the local economy. This
factor could cause concern for potential bond
buyers considering Revenue Bonds but the effect
would be much less significant for General
Obligation Revenue Bonds.
3. General Obligation Bonds rated AA have greater
access than Revenue Bonds rated A. Because of the
large size of the Lake Gaston Project to be
financed in the public credit markets, the interest
rate penalty incident to the use of revenue bonds
may be greater than the 0.25 of 1% projected in the
Consultant's study. If so, the greater difference
will be reflected in higher water rates.
Chester Johnson, Government Finance Associates, advised the Consultants have
reviewed the five (5) financing alternatives previously presented to the City
for funding the development of the LAKE GASTON WATER SUPPLY PROJECT. Generally
the findings remain consistent with those offered in August 1985. It is a
general assumption throughout the financial community that the "double barrel"
approach would be the most effective in providing the lowest cost, maximum
flexibility and maintenance of the City's High Rating for on going Capital
Projects. The differential between a AA GO Bond and an A Rated Revenue Bond
would be approximatley 25 basis points, which would produce annually
approximatley $800,000 difference in debt service costs or on a present value
basis $5.7-MILLION, on a gross basis nearly $20-MILLION over the 25-year
period. The Construction costs for the project have been estimated by the
Director of Public Utilities to be approximately $201,100,000. liowever, for
the purposes of this analysis, the bonds were sized based on five-sixths of
total needs of $200,000,000 or $167,000,000. Total project costs, including
pre-construction costs, are $219,00,000. Virginia Beach will have $19,000,000
in cash by July 1989, consisting of $10,000,000 from previous bond proceeds;
$6,000,000 from an increase in water rates for the Lake Gaston project; and,
$3,000,000 from the City of Chesapeake. The construction period is assumed to
be thirty-six months, beginning July 1, 1989 and ending in June 1992. An
interest rate was assumed of 8.5%. The Consultants believe this rate would be
lower, closer to 7-3/4%. However, to maintain the variables constant, the
consultant continued to utilize the 8.5% rate.
- 4 -
C I T Y M A N A G E R 'S B R I E F I N G
FUNDING ALTERNATIVES FOR LAKE GASTON PROJECT
ITEM # 29943 (Continued)
As the City moves toward sale, if there are incrementally increasing interest
rates to a level which could have a significant impact on rates over the life
of the issue, some type of bond anticipation note might be utilized. The
differential between tax exempt rates and taxable rates has widened over the
last couple of months.
Harry Frazier, Hunton and Williams, advised the possibility of litigation
becomes a much more sensitive consideration if your bonds are pure Revenue
Bonds as opposed to "double barrel" bonds being sold on the credit of the City.
Tf the issue is purely Revenue, and the project does not begin to produce water
in time projected, then the ability to pay the debt service is jeopardized. Tf
the City is utilizing the "double barrel" bonds and litigation is still
threatened, Harry Frazier did not believe this would have an affect on the
City's bond rating as Virginia Beach has such a large tax base and their
ability to raise funds.
- 5 -
C IT Y C OU NC I L C ON C E R N S
11:35 A.M.
ITEM # 29944
Councilman Baum referenced an article in the PORTFOLIO newspaper listing Nancy
Parker as Mayor-At-Large.
The Public Information Office will advise PORTFOLIO of the correct organization
of the government of the City of Virginia Beach.
ITEM # 29945
Councilwoman Henley referenced conversations relative a Sandwich Shop in the
AICUZ Zone. Upon becoming aware of the violation, the Sandwich Shop was closed
down.
Councilwoman Henley believed the Navy should arrive at a procedure to make
certain this does not reoccur. The City should be advised which properties
the Navy has purchased for Air Rights. The City should not have to be
responsible for doing a search everytime there is an application for a business
license.
Mayor Oberndorf requested the City Manager forward a letter to Captain Allen
relative the properties purchased for Air Rights by the Navy and the specific
restrictions for each parcel.
ITEM # 29946
Councilman Moss referenced the study relative Downtown Pembroke concerning the
B-3 Zoning Classification and changes in this zoning classification. Two
applications of Plaza Tower Associates on Bonney Road for conversion to B-3 are
SCHEDULED for the City Council Agenda of September 6, 1988. Councilman Moss has
requested the Director of Planning advise relative the best approach to these
rezonings between now and the conclusion of the Study.
- 6 -
ITEM # 29947
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, August 29, 1988, at 12:00 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
- 7 -
ITEM # 29948
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 employment, assignment,
appointment, promotion, perforrnance, dernotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELJ) PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: IV-F 1, 2 and 3.
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 29, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
August 29, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
INVOCATION: Reverend E. Ray Cox, Sr.
New Hope Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item V-C.I.a.
MINUTES ITEM 29949
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of the City Council
Meeting of August 22, 1988.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 10 -
Item IV-D.l.a.
CEREt4ONIAL PRESENTATION
ADD-ON ITEM # 29950
Mayor Oberndorf formally presented the CERTIFICATE of ACHIEVEMENT FOR
EXCELLENCE IN FINANCIAL REPORTING AWARDED to the City of Virginia Beach for its
Compehensive Annual Financial Report for the Fiscal Year Ended June 30, 1987 by
the Government Finance Officers Association of the United States and Canada.
Giles Dodd, Assistant City Manager for Administration ACCEPTED the Award on
behalf of the City's Comptroller's Office.
CERTIFICATE OF
ACHIEVEMENT
FOR EXCFTJ.ENCE
IN FLNANCIAL
REPORTING
PRESENTED TO
CITY OF
VIRGINIA BEACH, VIRGINIA
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
June 30, 1987
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
governmental units and public employee retirement
systems whose comprehensive annual financial
reports (CAFR's) achieve the highest
standards in government accounting
and financial reporting.
s/Patrick C. Glisson
President
s/Jeffrey L. Esser
Executive Director
- 11 -
Item IV-D.l.a.
RESOLUTION IN RECOGNITION ITEM # 29951
Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION:
JULIE SHIFLET
This RESOLUTION recognized Julie Shiflet for her athletic achievements among
them being Number One in the United States Tennis Association, Mid-Atlantic, in
both Girls 14 and under as well as Girls 16 and under.
This RESOLUTION was ACCEPTED by Julie Shiflet and her mother.
RESOLU.rION IN RE)COGNITION
WHEREAS: Sports have always had a place in Anerican life and cornpetition bas
grown as individuals master their own skills, physical strength and
stamina to compete in local, national and international events;
WHMEAS:
J U L I E S H I F L E T
is only fifteen years of age and already has taken her place among
notable Virginia Beach citizens whose accomplishments are recognized
nation-wide;
WHEREAS: Julie Shiflet has ranked Number One in the United States @nnis
Association, Mid-Atlantic, in both Girls 14 and under as well as Girls
16 and under. She ranked Eighth nationally in USTA Girls 14 and
under. She was Champion USTA Girls 14 and under Cmega Easter Bowl,
Miami, Florida; and, Champion USTA Girls 16 and under National Clay
Court for the secorid year (1987-1988) becoming the only player ever to
win two United States rcennis Association Girls 16 National Clay CDurt
Championships. She successfully defended her own title. Julie was a
Finalist in the USTA Girls 16 and under International Championships
having finished Third in the National USTA Girls 14 Championship. She
received the Sportsmanship Award at L)STA National Clay CDurts
Thurnament in 1985 and the Hard Courts Thurnarnent in 1984; arid,
WHEREAS: Ibnors and prestige have come frequently and apparently easily to
Julie, yet she has maintained a good scholastic average a@ taken her
early stardcrn in stride.
NOW, THEREFCRE, BE IT RESOLVED:
That the Virginia Beach City CDuncil recognizes JULIE SHIFLET for her
athletic achievement and pays tribute bo her accomplishments so early
in life.
Given under our hands and seals
this Twenty-Ninth day of August,
Nineteen Hundred and Eighty-Eight.
Albert W. Balko John A. Ba Lun Harold Heischober
Barbara M. Henley Reba S. McClanan John D. Moss
Nancy K. Parker John L. Perry W. D. Sessoms, Jr.
Robert E. Fentress Wyera E. Cberndorf,
Vice Mayor Mayor
- 12 -
Item IV-E.l.
PUBLIC REARING TTEM # 29952
Clarence Warnstaff, Director of Public Utilities and Chester Johnson,
Government Finance Associates, repeated the FUNDING ALTERNATIVES FOR LAKE
GASTON PROJECT presented to City Council during the INF'ORMAL SESSION.
The City's Financial Consultants have conducted a financial analysis and
recommended the Fixed Rate General Obligation Revenue Bonds for financing of
the Lake Gaston Project.
Revenue from the City Water and Utilities will be pledged to pay off the
General Obligation Revenue Bonds. The Bonds are also secured by the full faith
and backing of the City's General Fund. Therefore, they are called "double
barrel" bonds. It is the customer that receives water service who will pay the
cost. Revenues from real estate taxes will not be used to retire the debt.
If the City of Chesapeake pays its one-sixth share up front, Virginia Beach
would have to borrow one-sixth less than the total project cost of $200-MILLION
or $167-MILLION. This results in a bond sizing of $171-MILLION for "double
barrel" General Obligation Revenue Bonds. With regard to the issuance of
Revenue Bonds, the size would be approximately $20-MILLION greater primarily as
the result of the need for a Reserve Fund.
With "double barrel" General Obligation Revenue Bonds, the water rate has been
forecast as resulting in a monthly rate increase of $4.50 for the average
single-family residential unit utilizing 6 gallons per month. If the City were
to issue strict Revenue Bonds, the impact is greater. This impact has been
forecast to be within a range of $4.74 increase to $6.30 per month.
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING:
THE ISSUANCE OF WATER AND SEWER BONDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
OF $200,000,000, SUBJECT TO THE APPROVAL OF THE
QUALIFIED VOTERS.
The following spoke:
Jerry Belsky, 5556 Campus Drive, Phone: 451-1217, resident of Virginia Beach
and represented the National Democratic Policy Committee
Harry Broskie, 4717 Windshore Drive, Phone: 464-0844, resident of Virginia
Beach and represented the Democratic Policy Committee
Louis Shearleman, 1621 Wakefield Drive, Phone: 460-0766, eighteen (18) year
resident.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
PUBLIC BEARING ON AN ORDINANCE AUTI]ORIZING
THE ISSUANCE OF WATER AND SEWER BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $200,000,000 SUBJECT TO THE
NPPP-OVAL OF THE QUALIFIED VOTERS
PUBLIC NOTICE
On August 29, 1988, at 2:00 P.M. in Council
Chambers on the se cond f loor of tlie City Iial 1
Building, Municipal Center, Virginia Beach,
Virginia, the Council of the City of Virginia
Beach, Virginia, will hold a PUBLIC HEARING on a
proposed Ordinance entitled "An ordinance
Authorizing the Issuance of Water and Sewer
Bonds of the City of Virginia Beach, Virginia,
in the Maximum Amount of $200,000,000, Subject
to the approval of Qualified Voters".
A copy of the full text of the Ordinance is
on file in the office of the City Manager.
Ruth tiodges'Smith, CMC/AAE
City Clerk
- 13 -
Item IV-F.I.
RESOLUTIONS ITEM # 29953
BY CONSENSUS, City Council DEFERRED to September 6, 1988 for REFINEMFNT:
Resolution authorizing Virginia Beach City Council
to seek the permission of the electorate at the
General Election in November with appropriate
ballot wording, to issue bonds and authorize the
financing, construction and operation of a water
supply and transmission system for the City of
Virginia Beach.
- 14 -
Item IV-F.2.
ORDINANCES ITEM # 29954
Upon motion by Mayor Heischober, seconded by Vice Mayor Fentress, City Council
APPROVED upon FIRST RFADING, AS REVISED* and typographical error corrected:
Ordinance authorizing the issuance of Water and
Sewer Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $200,000,000,
subject to the approval of the qualified voters.
*The words "Lake Gaston" were added before the
words "water supply and transmission system".
On line 49, Section 7. the word "if" should be
replaced by the word "is" before the words "hereby
authorized".
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 WATER AND SEWER BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $200,000,000, SUBJECT TO THE
5 APPROVAL OF THE QUALIFIED VOTERS
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 1. It is hereby determined to be necessary and
11 expedient for the City of Virginia Beach to undertake the Lake
12 Gaston water supply and transmission system, which will promote
13 the health and general welfare of the City and its inhabitants,
14 and to borrow money for such purpose and issue the City's general
15 obligation bonds therefor.
16 2. Pursuant to Article VII, Section 10(a)(2) of the
17 Constitution of Virginia, the Charter of the City of Virginia
18 Beach and the Public Finance ACt, as amended, there are hereby
19 authorized to be issued water and sewer bonds of the City in an
20 amount not to exceed $200,000,000 to provide funds, together with
21 other available funds, to finance the Lake Gaston water supply
22 and transmission system.
23 3. The bonds shall bear such date or dates, mature at
24 such time or times not exceeding 40 years from their dates, bear
25 interest at such rate or rates not to exceed 15% per year, be in
26 such denomination and form, be executed in such manner and be
27 sold at such time or times and in such manner as the Council may
28 hereafter provide by appropriate resolution or resolutions.
29 4. The water and sewer system is an undertaking from
30 which the City may derive a revenue, and such bonds are not to be
31 included within the otherwise authorized indebtedness of the
32 City; provided, however, that from and after a period of five
33 years from the date of the election approving the bonds, whenever
34 and for so long as the water and sewer system fails to produce
35 sufficient revenue to pay for the cost of operation and adminis-
36 tration (including interest on bonds issued therefore), the cost
37 of insurance against loss by injury to persons or property, and
38 an annual amount to be placed into a sinking fund sufficient to
39 pay the bonds at or before maturity, all outstanding bonds issued
40 on account of such undertaking shall be included in determining
41 the limitation of the power of the City to incur indebtedness.
42 5. The bonds shall be general obligations of the City
43 for the payment of principal of and interest on which its full
44 faith and credit, as well as the revenues from its water and
45 sewer system, shall be irrevocably pledged.
46 6. The bonds shall not be issued until approved by a
47 majority of the qualified voters of the City voting on the ques-
48 tion of their issuance at an election to be held in the City.
49 7. The City Clerk is hereby authorized and directed to
50 cause a certified copy of this ordinance to be presented to the
51 Circuit Court of the City of Virginia Beach, virginia, which is
52 hereby requested to order an election to submit to the qualified
53 voters of the City the question of the issuance of the bonds
54 provided for herein.
55 8. This ordinance shall be in full force and effect
56 from its passage.
57 Adopted by the Council of the City of virginia Beach,
58 Virginia, on the _ day of 1988.
59
60 First Reading: August 29, 1988
61 Second Reading:
62 Approved:
63
64
65 Mayor, City of Virginia
66 Beach, Virginia
67
68
69 JDB/cb
70 08/29/88
71 CA-2857
72 BOND1.ORD
2
- 15 -
Item IV-F.3.a/b/c/d/e/f/g.
RESOLUTIONS/ORDINANCES ITEM # 29955
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Henley, City
Council ADOPTED:
Ordinances authorizing ACQUISITION of PROPERTY in
fee simple for right-of-way for the Lake Gaston
Water Pipeline and the ACQUISITION of TEMPORARY AND
PERMANENT EASEMENTS of right-of-way, either by
agreement or condemnation:
Windsor District, Isle of Wight County,
Virginia -- Parcels 160-A, 163-A, 159-A, 159,
and 141 through 158.
Drewryville District, Southampton County,
Virginia -- Parcel 140-A,
Nottoway District, Greensville County, Virginia
-- Parcels 123 through 135, 114, 115, 090
through 093, 096, 097, 099 though 103, 087,
088, 080,084 and 086.
Belfield District, Greensville County, Virginia
-- Parcels 068 through 074.
Sturgeon District, Brunswick County, Virginia
-- Parcels 066 through 068 and 065.
Powellton District, Brunswick County, Virginia
-- Parcel 064, 012, 014 through 018, 021, 023
through 037, 039, 042 through 045, 048, 049,
and 001 through 010.
Windsor District, Isle of Wight County,
Virginia -- Parcels 164 through 170.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss," Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
*Verbal Aye
C@TENTS.
D@,@ e@R-1 @l"!
AP,,"R@'l-'@@t-@@'i A.': T@., L7GAL
SU.'@FiCiEiNCY A.1,4D FCRM
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property, including
21 temporary and permanent easements of right of way as shown on the
22 plats entitled "Plats showing Acquisition for Lake Gaston Water
23 Supply Project (CIP 5-964), Windsor District, Isle of Wight
24 County, Virginia, prepared by Rouse-Sirine Associates Ltd., April
25 1988, Parcels 160-A and 163-A," these plats being on file in the
26 Department of Public Utilities, Water Resource Division office,
27 Virginia Beach, virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
34 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August , 19 88
39 Gastonl7.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
APPROVED g TO CONTENTS
SlA
AP@"R A@ T l@@@,AL
SU. F@C!Et\lt--Y AND FCIRM
N ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property, including
21 temporary and permanent easements of right of way as shown on the
22 plats entitled "Plats showing Acquisition for Lake Gaston Water
23 Supply Project (CIP 5-964), Windsor District, Isle of Wight
24 County, Virginia, prepared by Rouse-Sirine Associates Ltd., July
25 7, 1987, Parcel 159-A," these plats being on file in the
26 Department of Public Utilities, Water Resource Division Office,
27 Virginia Beach, virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of @ugus@ 19 88
39 Gastonl6.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
APPROVED AS TO C\)NTENTS
-rU,"FiCiENI--Y A,-@D FCRM
9dyA
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY rOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City Of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property in fee simple,
21 including temporary and permanent easements of right of way as
22 shown on the plats entitled "Plats showing Acquisition for Lake
23 Gaston Water Supply Project (CIP 5-964), Windsor District, Isle
24 of Wight County, Virginia, prepared by Rouse-Sirine Associates
25 Ltd., July 7, 1987, Parcel 159," these plats being on file in the
26 Department of Public Utilities, Water Resource Division office,
27 Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August , 19 88
39 Gastonl5.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
S @NAi@RE )$
DEPARTMEt,17
APPROVED AS TC,@L
SUFFICIENCY AIID
,.:OTY A@y
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the weifare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property, including
21 temporary and permanent easements of right of way as shown on the
22 plats entitled "Plats showing Acquisition for Lake Gaston Water
23 Supply Project (CIP 5-964), Windsor District, Isle of Wight
24 County, Virginia, prepared by Rouse-Sirine Associates Ltd.,
25 December 1986, Parcels 141 through 158," these plats being on
26 file in the Department of Public Utilities, Water Resource
27 Division Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
34 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August 1 19 88
39 Gastonl4.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
TO rCiINTEqT,)
kp- P, A@ 'AL
@Ui-Fll,iENCY AND F'-@'RM
AT' y
1 @14 ORDINA14CE TO AUTHORIZE ACQUISITIOlq OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITIO14 OF TEMPORARY A14D PERMAt4ENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMEMT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property in fee simple,
21 including temporary and permanent easements of right of way as
22 shown on the plats entitled "Plats showing Acquisition for Lake
23 Gaston Water Supply Project (CIP 5-964), Drewryville District,
24 Southampton County, Virginia, prepared by Rouse-Sirine Associates
25 Ltd., July 7, 1987, Parcel 140-A,ll these plats being on file in
26 the Department of Public Utilities, Water Resource Division
27 Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 99 day of August 19 88 .
39 Gastonl3.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
APPPO,\'E@ T
AS
-F!CiEN-Y AND FCP.@kvi
I ATT
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property, including
21 temporary and permanent easements of right of way as shown on the
22 plats entitled "Plats showing Acquisition for Lake Gaston Water
23 Supply Project (CIP 5-964), Nottoway District, Greensville
24 County, Virginia, prepared by Rouse-Sirine Associates Ltd.,
25 October 9, 1986, Parcels 123 through 135," these plats being on
26 file in the Department of Public Utilities, Water Resource
27 Division Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
29 August 88
38 Virginia, on the_ day of 19
39 Gastonll.ord
40 CA-2813
41 KJC/dhh
07/22/88
AIIIOV@D I
A@, T,',, l@E-c@,AL
FU@ FICIENCY AND FCRM
RDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property in Eee simple,
21 including temporary and permanent easements of right of way as
22 shown on the plats entitled "Plats showing Acquisition for Lake
23 Gaston Water Supply Project (CIP 5-964), Nottoway District,
24 Greensville County, Virginia, prepared by Rouse-Sirine Associates
25 Ltd., July 25, 1988, Parcels 114 and 115," these plats being on
26 file in the Department of Public Utilities, Water Resource
27 Division Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
34 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August 19 88
39 GastonlO.ord
40 CA-2813
41 KJC/dhh
07/22/88
C@ITENTS
F,' -r A P. T M E NT
@ED AS TO LEGAL
AND FCRM
y AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PER14ANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
19 1950, as amended, all that certain real property, including
20 temporary and permanent easements of right of way as shown on the
21 plats entitled "Plats showing Acquisition for Lake Gaston Water
22 Supply Project (CIP 5-964), Nottoway District, Greensville
23 County, Virginia, prepared by Rouse-Sirine Associates Ltd., July
24 1988 and October 9, 1986, Parcels 090 through 093, 096, 097, and
25 099 through 103," these plats being on file in the Department of
26 Public Utilities, Water Resource Division Office, Virginia Beach,
27 virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
29 August 88
38 Virginia, on the day of 19
39 Gaston9.ord
40 CA-88-2813
41 KJCI dhh
42 07/22/88
D
APr'R T@,' -'AL
SUtF!CIE,"@C'f' Ai,@,) F'@RM
T,
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
19 1950, as amended, all that certain real property, including
20 temporary and permanent easements of right of way as shown on the
21 plats entitled "Plats showing Acquisition for Lake Gaston Water
22 Supply Project (CIP 5-964) ,Nottoway District, Greensville
23 County, Virginia, prepared by Rouse-Sirine Associates Ltd.,
24 August 31, 1987, Parcels 087- 088," these plats being on file in
25 the Department of Public Utilities, Water Resource Division
26 Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands. if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
3 3 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 29 day of August 1 19 88
38 Gaston8.ord
39 CA-88-2813
40 KJC/dhh
41 07/22/88
A P "@ R
SU, FiC!ENr" AND FCRM
XE-ITY @@Ey AN ORDINANCE TO AUTHORIZE ACQUISITION Or
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
19 1950, as amended, all that certain real property, including
20 temporary and permanent easements of right of way as shown on the
21 plats entitled "Plats showing Acquisition for Lake Gaston Water
22 Supply Project (CIP 5-964) , Nottoway District, Greensville
23 County, Virginia, prepared by Rouse-Sirine Associates Ltd.,
24 October 9, 1986, Parcels 080, 084 and 086,11 these plats being on
25 file in the Department of Public Utilities, Water Resource
26 Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons haviiig an interest in said lands. if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
3 3 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the Council of the City of virginia Beach,
37 Virginia, on the 29 day of August 1 19 88.
38 Gaston7.ord
39 CA-88-2813
40 KJC/dhh
41 07/22/88
T@-
D
A,P-R--VE@) A'@@ I
F U.-FICIENCY A@@D FORM
EY AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
19 as amended, all that certain real property, including temporary
20 and permanent easements of right of way as shown on the plats
21 entitled "Plats showing Acquisition for Lake Gaston Water Supply
22 Project (CIP 5-964), Belfield District, Greensville County,
23 Virginia, prepared by Rouse-Sirine Associates Ltd., October 9,
24 1986, Parcels 068 through 074," these plats being on file in the
25 Department of Public Utilities, Water Resource Division Office,
26 Virginia Beach, Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands. if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
33 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 29 day of August 19 88
38 Gaston6.ord
39 CA-88-2813
40 KJC/dhh
41 07/22/88
T7j V(@;@liTcNTS
A;,
@,ENCY At4D F@,R!A
RNEY AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
19 as amended, all that certain real property, including temporary
20 and permanent easements of right of way as shown on the plats
21 entitled "Plats showing Acquisition for Lake Gaston Water Supply
22 Project (CIP 5-964), Sturgeon District, Brunswick County,
23 Virginia, prepared by Rouse-Sirine Associates Ltd., October 9,
24 1 9 8 6 ,Parcels 066-068," these plats being on file in the
25 Department of Public Utilities, Water Resource Division Office,
26 Virginia Beach, Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands. if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
3 3 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach,
29 August 88
37 Virginia, on the day of 19
38 Gaston5.ord
39 CA-88-2813
40 KJC/dhh
41 07/22/88
PPROVE' ) TO@
A@ TI,@ 1,5 /-,,L
c.U, FiC@,r.N-,Y AND FC-RM
1XTY AT AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
19 as amended, all that certain real property, including temporary
20 and permanent easements of right of way as shown on the plats
21 entitled "Plats showing Acquisition for Lake Gaston Water Supply
22 Project (CIP 5-964), Sturgeon District, Brunswick County,
23 Virginia, prepared by Rouse-Sirine Associates Ltd., April 18,
24 1988, Parcel 065," these plats being on file in the Department of
25 Public Utilities, Water Resource Division Office, Virginia Beach,
26 Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands. if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
3 3 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach,
29 August 88
37 Virginia, on the day of 19
38 Gaston4.ord
39 CA-88-2813
40 KJC/dhh
41 07/22/88
C Cp,'4TENTS
T
SU@ FiC!EN--Y A@@D FL RM
@y ATT
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
19 as amended, all that certain real property, including temporary
20 and permanent easements of right of way as shown on the plats
21 entitled "Plats showing Acquisition for Lake Gaston Water Supply
22 Project (CIP 5-964), Powellton District, Brunswick County,
23 Virginia, prepared by Rouse-Sirine Associates Ltd., April 18,
24 1988, Parcel 064," these plats being on file in the Department of
25 Public Utilities, Water Resource Division Office, virginia Beach,
26 Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands. if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
33 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 29 day of August 19 88.
38 Gaston3.ord
39 CA-88-2813
40 KJC/dhh
41 07/22/88
APPRO@D@To C(ZNTE@@T5
V,"@@@ A l@-L
U7F"C@ENCY A@@D FCRM
ATTO
1,@y AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
18 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
19 as amended, all that certain real property, including temporary
20 and permanent easements of right of way as shown on the plats
21 entitled "Plats showing Acquisition for Lake Gaston Water Supply
22 Project (CIP 5-964), Powellton District, Brunswick County,
23 Virginia, prepared by Rouse-Sirine Associates Ltd., October 9,
24 1986, Parcels 012, 014 through 018, 021, 023 through 037, 039,
25 042 through 045, 048, and 049," these plats being on file in the
26 Department of Public Utilities, Water Resource Division Office,
27 Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
34 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and @-ffect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August 1 19 9,9 .
39 Gaston2.ord
40 KJC/dhh
41 CA-88-2813
42 07/22/88
S!C,NA
E (,-@ A L
S U @ORM
1 @y AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property in fee simple,
21 including temporary and permanent easements of right of way as
22 shown on the plats entitled "Plats showing Acquisition for Lake
23 Gaston Water Supply Project (CIP 5-964), Powellton District,
24 Brunswick County, Virginia, prepared by Rouse-Sirine Associates
25 Ltd., March 16, 1987, Parcels 001 through 010," these plats being
26 on file in the Department of Public Utilities, Water Resource
27 Division Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August 19 88
39 Gastonl.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
A
.cU.,FiC@ENCY A@.iL) F'@'RfA
DINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seg.,
19 25-232, et seq., and 33.1-119, et seq., Code of Virginia of
20 1950, as amended, all that certain real property, including
21 temporary and permanent easements of right of way as shown on the
22 plats entitled "Plats showing Acquisition for Lake Gaston Water
23 Supply Project (CIP 5-964), Windsor District, Isle of Wight
24 County, Virginia, prepared by Rouse-Sirine Associates Ltd.,
25 December 1986, Parcels 164 through 170," these plats being on
26 file in the Department of Public Utilities, Water Resource
27 Division Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney is hereby authorized to
29 make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. if
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 29 day of August 1 19 88
39 GastonlB.ord
40 CA-88-2813
41 KJC/dhh
07/22/88
- 16 -
Item IV-F.4.a.
ENCROACHMENT ITEM # 29956
Attorney Joseph R. Mayes, 1100 Sovran Bank Building, Phone: 497-6633,
represented the applicant
George Drucker, 1606 Atlantic Avenue, Phone: 425-3823, the applicant,
represented himself.
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Perry to ADOPT
an Ordinance authorizing INTERNATIONAL LEISURE CORPORATION to maintain, upon
certain conditions, an existing Encroachment by signage upon a marquee on the
premises of the Royal London Wax Museum, 16th Street and Atlantic Avenue,
subject to the following conditions (1) Conformance of signage to RT-2 Resort
Tourist District sign regulations (City Zoning Ordinance Section 1513) and
general sign regulations by January 31, 1989; (2) The marquee shall be repaired
and maintained; (3) The traveling lights shall be removed from the marquee; (4)
(5) Approval of encroachment to be revocable at the pleasure of the City or
General Assembly; (6) Applicant not to be relieved of liability for negligence
on account of encroaching marquee and to indemnify the City and its officers,
agents and employees for any damages incurred on account of the encroachment;
(7) Applicant to execute a written agreement stating all conditions. (Total
sign allowance of 113 square feet.)
A SUBSTITUTE MOTION was made by Councilwoman Parker, seconded by Councilman
Moss to DENY an Ordinance authorizing INTERNATIONAL LEISURE CORPORATION to
maintain, upon certain conditions, an existing Encroachment by signage upon a
marquee on the premises of the Royal London Wax Museum, 16th Street and
Atlantic Avenue:
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker,
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
17 -
Item IV-F.4.a.
ENCROACHMENT ITEM # 29956 (Continued)
Upon AMENDED motion by Vice Mayor Fentress, seconded by Councilman Perry, City
Council ADOPTED, subject to compliance by November 1, 1988:
Ordinance Approving and Authorizing, upon
Conditions, an Encroaching Marquee and Signage on
the Premises of the Royal London Wax Museum, 16th
Street and Atlantic Avenue, Virginia Beach,
Virginia.
The following conditions shall be required:
1. Conformance of signage to RT-2 Resort Tourist
District sign regulations (City Zoning Ordinance
Section 1513) and general sign regulations by
November 1, 1988.
2. Total sign allowance shall be no more than seventy
(70) square feet, which shall be used on the
marquee.
3. The marquee shall be repaired and maintained.
4. Traveling lights shall be removed form the marquee.
5. Approval of encroachment be revocable at the
pleasure of the City or General Assembly.
6. Applicant not to be relieved of liability for
negligence on account of encroaching marquee and to
indemnify the City and its officers, agents and
employees for any damages incurred on account of
the encroachment
7. Applicant to execute a written agrement stating all
conditions.
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE APPROVING AND AUTHORIZING, UPON
2 CONDITIONS, AN ENCROACHING MARQUEE AND
3 SIGNAGE ON THE PREMISES OF THE ROYAL LONDON
4 WAX MUSEUM, 16TH STREET AND ATLANTIC AVENUE,
5 VIRGINIA BEACH BOROUGH
6 WHEREAS, International Leisure Corporation, the
7 operator of the Royal London Wax Museum, located at 16th Street
8 and AtlantiC Avenue, in the Borough of Virginia Beach, has
9 applied for approval to maintain an existing marquee and signage
10 thereupon; and
11 WHEREAS, the said marquee and signage encroach into the
12 public right-of-way; and
13 WHEREAS, Section 33-114.1 of the Code of the City of
14 Virginia Beach prohibits marquees and signs encroaching into or
15 over the public right-of-way except by consent of the City
16 Council;
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
18 THE CITY OF VIRGINIA BEACH, VIRGINIA:
19 That International Leisure Corporation be, and hereby
20 is, granted approval and authorization to maintain an
21 encroachment by the existing marquee on the premises of The Royal
22 London wax Museum, 16th Street and Atlantic Avenue, in the City
23 of virginia Beach, upon all of the following conditions:
24 1. The total surface area of signage upon the premises
25 shall be no more than seventy (70) square feet and shall be
26 located solely upon the marquee. Signage shall otherwise be in
27 compliance with all City sign regulations, including general
28 regulations and RT-2 Resort Tourist District sign regulations.
29 Compliance with this condition shall be completed by no later
30 than November 1, 1988;
31 2. The marquee shall be kept in good repair at all times;
32 3. The approval and authorization herein granted shall be
33 revocable at the pleasure of the City or the General Assembly;
34 4. International Leisure Corporation shall not be relieved
35 of liability for negligence on account of the encroachment herein
36 authorized, and shall indemnify the city and its officers, agents
37 and employees for any damages or losses sustained by it or them
38 on account of the encroachment;
39 5. Travelling lights shall be removed from the marquee by
40 no later than November 1, 1988;
41 6. International Leisure Corporation shall execute a
42 written agreement with the City stating all terms and conditions
43 of the authorization hereby granted.
44 Adopted this 29 day of August 1988,
45 by the City Council of the City of Virginia Beach, Virginia.
46 WMM/dhh
47 CA-2849
48 WAXMUS.ORD
49 08/30/88
2
- 18 -
Item TV-F.5.
RESOLUTION/ORDINANCES 1TEM # 29957
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
APPROVED upon FIRST READING:
Ordinance to appropriate $50,000 for Correctional
Center expenditures for food and food service
items.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
TO FORM:
C, Y TTO
AN ORDINANCE TO APPROPRIAIE IN THE
OF $50,000 FIDR ODR=ICNAL C@ EXPENDITLRES
WHEREAS, the average daily inmate population is exceedincj the FY87-88
estirnates, and
WHEREAS, the actual expenditures for food and food service it@ required is
also exceeding estimates, and
, additional appropriations of $50,000 are necessary to furid these
expenditures. and
WHEREAS, the additional appropriations will be offset by increased revenues
frcin the Ccmmorrwealth for the operation of the correctional facility based on the
number of inmates.
NOW, BE IT ORDAINED BY THE CCUNCIL OF RE CITY OF VIFIGINIA BEACH,
VIRGINIA, that funds in the anmnt of $50,000 be appropriated to the Sheriff's
Depar @ nt FY87-88 Operating Budget for increased food and food service
expenditures, and
BE IT FURUM NED, that estimated revenue fran the Ccnux)nwealth be
increased by $50,000 to offset these expenditures.
This ordinance shall be in effect fr(xn the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1988.
August 29, 1988
FIRST READIW:
SBCCND READING:
- 19 -
Item IV-F.6.
RESOLUTION/ORDINANCES ITEM # 29958
Upon motion by Councilwoman Henley, seconded by Councilman Sessoms, City
Council ADOPTED with Agreement Revised:
Ordinance authorizing the City of Virginia Beach to
enter into an agreement with the School Board of
the City of Virginia Beach for the purpose of:
Transferring the City's contribution to an
employee's health care premiums to the family
plan of a School Board-sponsored health care
program chosen by the employee's spouse;
Bidding jointly with the School Board for the
services of one or more health care
organization(s) to provide group health
insurance to all City and School Board
employees as one group;
Engaging in a study with the School Board to
review any other options that may be available
to reduce the costs of health care to the City
and the School Board.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA
2 BEACH TO ENTER INTO AN AGREEMENT WITH THE
3 SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
4 FOR THE PURPOSE OF 1) TRANSFERRING THE
5 CITY'S CONTRIBUTION TO AN EMPLOYEE'S HEALTH
6 CARE PREMIUMS TO THE FAMILY PLAN OF A SCHOOL
7 BOARD-SPONSORED HEALTH CARE PROGRAM CHOSEN BY
8 THE EMPLOYEE'S SPOUSE, 2) BIDDING JOINTLY
9 WITH THE SCHOOL BOARD FOR THE SERVICES OF ONE
10 OR MORE HEALTH CARE ORGANIZATION(S) TO
11 PROVIDE GROUP HEALTH INSURANCE TO ALL CITY
12 AND SCHOOL BOARD EMPLOYEES AS ONE GROUP, AND
13 3) ENGAGING IN A STUDY WITH THE SCHOOL BOARD
14 TO REVIEW ANY OTHER OPTIONS THAT MAY BE
15 AVAILABLE TO REDUCE THE COSTS OF HEALTH CARE
16 TO CITY AND SCHOOL BOARD EMPLOYEES
17
18 WHEREAS, the costs of health care to both City and
19 School Board employees have risen at an alarming rate; and
20 WHEREAS, the City and School Board recognize the
21 urgent need to find ways in which to reduce those costs while
22 continuing to offer quality health care services; and
23 WHEREAS, the City and School Board further recognize
24 that certain actions, if exercised jointly by the City and the
25 School Board, will help to reduce the costs of health care to
26 some employees, and that other options, if exercised jointly, may
27 help to reduce the costs of health care to all City and School
28 Board employees; and
29 WHEREAS, the City and School Board, based on identical
30 policies concerning contribution to employees' health care
31 premiums, have the immediate opportunity to reduce the costs to
32 an employee whose spouse is employed by the School Board by
33 allowing a transfer of the City employee's contribution to the
34 family plan of his or her spouse's School Board-sponsored health
35 care program; and
36 WHEREAS, the City may be able to reduce the costs of
37 health care to all of its employees by bidding jointly with the
38 School Board for the services of one or more heaith care
39 organizations to provide group health insurance to all City and
40 School Board employees as one group; and
41 WHEREAS, by engaging in a study with the School Board,
42 the City may be able to identify other options that are available
43 to help reduce the costs of health care to City and School Board
44 employees.
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
46 CITY OF VIRGINIA BEACH, VIRGINIA:
47 That the City Manager is hereby authorized, on behalf of the
48 city of virginia Beach, to enter into an Agreement with the
49 School Board of the City of virginia Beach for the purpose of 1)
50 transferring the City's contribution to an employee's health care
51 premiums to the family plan of a School Board-sponsored health
52 care program chosen by the employee's spouse, 2) bidding jointly
53 with the School Board for the services of one or more health care
54 organization(s) to provide group health insurance to all City and
55 School Board employees as one group, and 3) engaging in a study
56 with the School Board to review any other options that may be
57 available to reduce the costs of health care to city and School
58 Board employees.
59 This ordinance shall become effective upon its
60 adoption.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 29 day of August 1988
6 3
64 RMB/dga
6 5 08/22/88
66 08/23/88
67 NONCODE/health.RES
68
2
AGREEMENT BETWEEN THE CITY OF
VIRGINIA BEACH AND THE SCHOOL BOARD
OF THE CITY OF VIRGINIA BEACH
REGARDING HEALTH CARE
THIS AGREEMENT is entered into this day of
1988, by and between the CITY OF VIRGINIA BEACH, hereinafter
referred to as "City," and the SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH, hereinafter referred to as "School Board," as
political subdivisions of the commonwealth of Virginia.
W I T N E S S E T H :
That for and in consideration of the mutual covenants
contained herein, and for other good and valuable consideration,
the City and the School Board, pursuant to the authority granted
in SS 15.1-21 of the code of virginia, as amended, do hereby
enter into an agreement for the purposes and in accordance with
the terms and conditions set forth below:
1. Purposes.
a. The City and the School Board, respectively,
provide a contribution of Sixty Dollars ($60.00) per month toward
the health care premiums of any employee who chooses to be
covered under a City- or school Board-sponsored health care
program. When a husband and wife, one employed by the City and
one employed by the School Board, choose to be covered under the
family plan of a City- or School Board-sponsored health care
program, only the spouse working for the employer through which
the program is sponsored is entitled to the SiXty DOllars
($60.00) per month contribution. This Agreement provides that
in the above-referenced situation, the City and School Board
agree to transfer the Sixty Dollars ($60.00) per month
contribution to which an employee would be entitled if he or she
chose to be covered under a City- or School Board-sponsored
health care program to the family plan of his or her spouse's
City- or School Board-sponsored health care program.
b. The City and School Board agree to jointly bid for
the services of one or more health care organizations/- providers
to provide group health insurance to all City and School Board
employees as one group if such a bid is determined to be in the
best interests of the City and School Board.
C. The City and School Board further agree to review
and consider other policies/strategies which, if under- taken
jointly, would help to decrease the costs of health care to City
and School Board employees.
2. Term.
This Agreement shall become effective immediately upon its
approval by the City Manager and the Superintendent of Schools
and shall remain in effect unless terminated by mutual consent,
in writing, of the parties hereto, or by one party, upon ninety
(90) days notice, in writing, to the other party of its intent to
terminate same.
3. Funding.
a. The City shall provide the contribution for a City
employee who chooses to be covered under the family plan of his
or her spouse's School Board-sponsored health care program and
the School Board shall provide the contribution for a School
2
Board employee who chooses to be covered under the family plan of
his or her spouse's City-sponsored health care program.
b. Any contribution provided in accordance with this
Agreement shall be credited to the employee who chooses coverage
under the City- or School Board-sponsored program and shall be
documented on that employee's Statement of Earnings and
Deductions.
4. Administration.
This Agreement shall be administered by the Assistant City
Manager for Administration.
5. Liability.
In addition to the provisions of paragraph 3, any liability
incurred as a result of this Agreement shall be shared equally by
the parties hereto.
IN WITNESS WHEREOF, the following signatures and seals:
CITY OF VIRGINIA BEACH
By
City Manager
ATTEST:
City Clerk
SCHOOL BOARD OF THE CITY OF VIRGINIA
BEACH
By
Superintendent
3
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that AUBREY V. WATTS, JR.,
CITY MANAGER, for the CITY OF VIRGINIA BEACH, whose name as such
is signed to the foregoing Agreement, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of 1987.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, 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, whose name as such is
signed to the foregoing Agreement, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of 1988.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
SUPERINTENDENT, SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, whose
4
name as such is signed to the foregoing Agreement, has
acknowledged the same before me in mY City and State aforesaid.
GIVEN under my hand this day of , 1988.
Notary Public
My Commission Expires:
RMB/dga
Schbd.k
8/22/88 1
5
- 20 -
Item IV-C.
CONSENT AGENDA ITEM # 29959
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 2, 5, 7, 9, 10, 11 and 12 of the
CONSENT AGENDA.
Items 3, 4, 6 and 8 were voted upon separately
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 21 -
Item IV-G.1
CONSENT AGENDA ITEM # 29960
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
RESOLUTION IN RECOGNITION
Julie Shiflet
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 22 -
Item IV-G.2
CONSENT AGENDA ITEM # 29961
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution supporting Industrial Access Railroad
Track Funds from the Commonwealth of Virginia for
Dynaric, Incorporated.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
R.ESOLUTION
WHEREAS, Dynaric, Incorporated, has expressed their
intent to the Virginia Beach city Council to expand their
industrial manufacturing operations in the CitY, which will
involve a capital investment of approximately Eight Million
Dollars, create 110 new jobs, and maintain 90 jobs in our
Community; and
WHEREAS, these increased business operations will
require rail access anticipating a movement of 120 rail cars per
year; and
WHEREAS, officials of Dynaric, Incorporated, have
indicated to the Virginia Beach City Council their intent to
request Eastern Shore Railroad, Incorporated, to apply for
Industrial Access Railroad Track Funds from the Commonwealth of
virginia in the amount of $200,000; and
WHEREAS, Dynaric, Incorporated, has requested that the
virginia Beach City Council provide a Resolution supporting this
application for said funds which are administered by the Virginia
Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED that the council of the
city of Virginia Beach hereby endorses and supports the
application of Eastern Shore Railroad, Incorporated, for $200,000
in Industrial Access Railroad Track Funds for the purpose of
providing rail access and enabling Dynaric, Incorporated, to
expand their industrial facility in Virginia Beach.
Adopted this 29 day of August 1988
City of Virginia Beach, Virginia
BY
MAYOR OF VIRGINIA BEACH
- 23 -
Item IV-G.3
CONSENT AGENDA ITEM # 29962
Councilman Baum expressed concern due to the voluminous paperwork and a
possible solution. All problems should be addressed. Councilman Baum requested
the City Staff devise a system to notify Members which documents are important.
Councilman Moss recommended the investigation of the alternative to become more
computer literate, thus eliminating some of this voluminous paperwork. The
Renovation to Council's and City Manager's Administrative Offices also handles
the issue of security by narrowing the access points to the rear of the Council
Chambers.
Vice Mayor Fentress and Councilwoman Henley noted the Asbestos Removal which
entails almost one-half of the total cost.
Councilman Heischober expressed concern relative the door to the Citizen
Council Meeting Rooms. The City Manager advised this door would only be used as
an exit in case of Emergencies.
Councilman Perry expressed concern reiative the location of the Mayor's
Secretary. The City Manager advised the Secretary would be located in the
COMBINED RECEPTION AREA. Mayor Oberndorf advised for the record the Mayor's
Secretary had registered a compliant relative size, location and amount of
privacy.
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council
ADOPTED:
Resolution authorizing renovations to the Council's
and City Manager's Administrative Offices
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
A RESOLUTION TO AUTHORIZE RENOVATIONS
TO THE COUNCIL'S AND CITY MANAGER'S ADMINISTRATIVE OFFICES
WHEREAS, one of the main responsibilities of City Council members is to
meet with individual citizens and groups to discuss issues of significance to
them, and
WHEREAS, the need for space to conduct such meetings is quite limited,
particularly at City Hall, and
WHEREAS, there are scheduled renovations on the second floor, east wing of
the City Hall Building to accommodate the needs of various departments, and
WHEIZEAS, funds are available in the Department of General Services to
construct these and other renovations at the Municipal Center to accommodate
staff relocations within various departments.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, that in conjunction with the other scheduled renovations on the second
floor of the City Hall Building, the City 14anager is authorized to proceed with
renovations to the Council's and City Manager's administrative offices as shown
on the attached layout prepared by the architectural firm of Waller, Todd and
Sadler.
BE IT FURTHER RESOLVED that this work is authorized for the following
reasons:
1. To facilitate an area where Council members can meet with constituents
other than in their own homes or business offices to discuss matters of
significance to them.
2. To provide citizen/Council meeting areas with access to records and
documents housed at City Hall which may be needed during such meetings.
3. To provide a central reception area for the Council and the City
Manager which provides increased convenience for citizens dealing with these offices.
ADOPTED: August 29, 1988
- 24 -
Item IV-G.4.
CONSENT AGENDA ITEM # 29963
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia:
Section 2-106 re Reinstatement of City Employees
Section 2-105 re Reemployment of City Employees
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 2-106 OF THE CITY CODE OF
3 THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO
5 REINSTATEMENT
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 2-106 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended and reordained to read as
10 follows:
11 Section 2-106. Reinstatement.
12 (a) Reinstatement shall be
13 defined
14 as the employment of a former merit emplo@e with the merit
15 service of the city within thirty-+39+ three hundred and sixty-
16 five (365) consecutive calendar days from the date of the
17 employee's separation from the merit service. To be eligible for
18 reinstatement, the employee must have been in good standing at
19 the time of separation from the merit service. The--apprapriate
20 arniversary
21
22 The director of personnel shall determine
23 the appropriate anniversary date of the reinstated employee. The
24 department head shall determine the position of the reinstated
25 employee and the director of personnel shall determine the
26 appropriate pay step within the range of the position for the
27 reinstated emplo e. All time earmed-prier-te--reimstatement
28 that a former employee is employed with the merit service prior
29 to separation from the merit service shall be eeumted credited
30 towards the probationary period, annual leave, service awards,
31 ete sick leave, promotional policies, or other longevity-based
32 employment conditions or benefits subject to necessary
33 adjustments to account for the number of months of separation.
34
35 diseounted-frem--aetual---
36 peried7
(b) An EetUEMiRg employee who has been retired because
of a job related disability, although separated more than thirty
+391/2 three hundred and sixty-five (365) consecutive calendar
days, may be reinstated with time earned in previous city
employment counted toward the probationary period, annual leave,
service awards or other longevity-based employment conditions or
benefits, provided that the following criteria are met:
(1) The injury or disability which resulted in retirement
was incurred in the line of dutyl in-the-eeurse-ef-eity
eMP3:eYMeMt7
(2) The returming employee is certified by the a city7
approved physician as being physically able to perform
the duties fer of the position into which reempleyeelt
the employee is reinstated;
(3) The returning employee meets all other requirements for
the position te into which reempleyed he is reinstated;
and
(4) An opening for employment is available without the
establishment of a new position or the reassignment of
personnel to accommodate the returmimg employee.
This ordinance shall be effective retroactively to
June 30, 1988.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 29 day of August 1988.
RMB/epm
08/02/88
08/19/88
CA-02788
\ordin\proposed\02-106.pro @@@ITENTS
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 2-105 OF THE CITY CODE OF
3 THE CITIY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO
5 REEMPLOYMENT
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 2-105 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended and reordained to read as
10 follows:
11 Section 2-105. Reemployment.
12 Reemployment shall be the status of the returning
13 employee's employment period following a separation from city
14 employment of more than thirty-kgg+ three hundred and sixty-five
15 (365) consecutive calendar days from the date of separation. The
16 effective date of reemployment shall be the day the returning
17 employee reports for work. A new anniversary date shall be
18 effective six (6) months from the first day of the pay period
19 following the return to service. Such anniversary date shall be
20 the basis for computation of all merit increases and other
21 salary adjustments. A returning employee who is reemployed shall
22 usually be placed at the (A) step of the position's approved pay
23 range. occasionally, however, based on the returning employee's
24 prior proficiency and experience in the same or related capacity,
25 an acceleration of up to and including the (E) step of the
26 assigned range may be made upon recommendation by the employing
27 authority and approval of the director of personnel. All time
28 earned in previous employment shall not be counted towards the
29 probationary period, annual leave, service awards, or other
30 longevity-based employment conditions or benefits. Rather, only
31 that time earned following actual reemployment shall be counted.
32 This ordinance shall be effective retroactively to June
33 30, 1988.
3 5 Virginia on 29 day of August 1988.
36 RMB/lmt
37 8/22/88
38 CA-0 2901
39 \ordin\proposed\02-105.pro
- 25 -
Item IV-G.5
CONSENT AGENDA ITEM # 29964
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $15,366 within the FY 1988-89
Operating Budget to continue the rental agreement
for the Kempsville Mosquito Control Site and to
AUTHORIZE the City Manager to enter into a contract
for the lease of the property.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
THIS AGREEMENT OF LEASE, Made this day of
ig-, by and between FRANCES HUTCHISON, here-
inafter also called Owner or Lessor, party of the first part;
and CITY OF VIRGINIA BEACH, hereinafter called Lessee or
Tenant, party of the second part.
W I T N E S S E T H:
The said party of the first part does hereby let unto
the said party of the second part, the following described
property:
ALL THAT certain lot, piece or parcel of land, with
the improvements thereon and the appurtenances
thereunto belonging, lying, situate and being in the
Borough of Kempsville, City of Virginia Beach,
Virginia, and designated and described as Parcel Two
on a certain plat of survey entitled "Survey of
Property to be Leased by the City of Virginia Beach,
Virginia, Kempsville Borough, Virginia Beach,
Virginia: dated June, 1963 and made by Frank D.
Tarrail, Jr. and Associates, which plat is duly of
record in the Clerks Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 59
at Page 47.
For a term of five (5) years with no option to renew.
Lease must be renegotiated at the end of term. Lease to begin
on the first day of July, 1988, for an annual rental of Fifteen
Thousand Dollars ($15,000.00) per annum, payable in monthly
installments of one Thousand Two Hundred Fifty Dollars
($1,250.00), due on the first day of each month beginning on
July 1, 1988.
The above letting is on the following terms and
conditions:
1. The tenant will without any previous deinand
therefore pay the rent at the time and in the manner above
provided, and in case of non-payment of said rent, or in case
the leased premises shall be deserted or vacated, owner shall
have the right to enter the same at once either by force or
otherwise, without being liable to any prosecution therefore,
and to distrain for rent, and also to relet the said premises
as agent of tenant for an unexpired balance of the terni and
receive the rent therefore.
2. If tenant shall breach any covenant or agreement
herein contained on his part to be kept and performed, said
owner and/or assigns may re-enter the demised premises and
repossess and enjoy the same as of owner's former estate
therein; but before any such re-entry shall be made by the
owner or assigns by reason of any such default or breach, owner
shall notify tenant in writing of said default or breach
specifying the default or breach and demanding that it be
remedied; and the right of re-entry shall not accrue unless
tenant shall have failed to remedy the specified default or
breach within ninety (90) days after the receipt of said
notice.
3. The tenant shall pay all charges lawfully assessed
or imposed during the said terin for water and sewerage disposal
charges, and all other utility costs, and if not so paid, the
owner may, if she shall so elect, pay the same and the amount
so paid shall be considered as additional rent of said premises
and payable forthwith.
4 . It is inutually agreed and understood that the
Lessee, or its agents or assigns, will have the right to remove
any building or buildings, or the building improvements that
have been erected or made upon the premises by either the Cit@y
of Virginia Beach, Virginia, or the Kempsville-Bayside mosquito
Control Cominission, or their agents at any time after
September, 1963.
5. The tenant will not hold the owner, and/or agent
liable for any damage, vandalism or theft of any nature
whatsoever, to its property. Tenant also agrees to assume all
risks of every kind, whether relating either to property or
person in connection with his occupancy of the leased premises,
whether the same arise from defects latent or patent in
connection with the building or other parts of the leased
premises and whether or not the same were known by the owner at
the time of making this lease and were not disclosed by the
owner at that time, or at any subsequent time.
6. Owner covenants that Lessee, upon performing its
obligations hereunder, shall have and enjoy quiet and peaceable
possession of the demised premises during the term hereof, and
any and all renewals and extensions of said term hereof.
7. All rights and liabilities herein given to or
imposed upon either of the parties hereto shall extend to the
heirs, executors, administrators, and to the assigns of such
parties.
8 Lessee covenants that it will not assign this
lease or subject the demised premises, in whole or in part,
without the prior written consent of the owner.
9. Owner agrees that Lessee may self insure risk inr
lieu of commercial insurance.
10. Lessee agrees to maintain in good condition and
make all repairs, at its own cost, to the buildings and
improvements on the premises.
11. Lessee agrees to maintain the premises in
accordance with the laws of the City, State, and United States.
12. The failure by either party to act upon or enforce
any breach of any covenant, condition, agreement or provision
herein contained will not be construed to be a waiver of that
covenant, condition, agreement or provision of any subsequest
breach thereof.
13. This lease contains the entire agreement between
the parties hereto and it cannot be altered or modified in any
way, except in writing, signed by the parties hereto, or their
heirs, or assigns.
14. Every pronoun used in this Lease shall be
coxistrued to be of such number and gender as the context may
require and the duties of the owner shall also be the duties of
all heirs, and assigns of the said owner and the duties of the
Lessee shall include all sub-leases or sub-tenants.
15. This lease is to be construed in accordance with
the laws of the State of Virginia.
16. Tenant covenants and agrees to pay all real estate
taxes during tlie five (5) year lease period.
17. Lessee represents that it intends to maintain this
Lease Agreement in effect for the full period set forth herein
and to continue to use its best efforts to seek appropriation
of sufficient funds to make all payinents hereunder. Lessee may
terminate this Lease Agreeinent in the event that the City
Council of Virginia Beach does not appropriate sufficient funds
for the premises represented in this Lease Agreement. Lessee
shall exercise its best efforts to give Lessor written notice
of such termination. It is understood, however, that this does
not apply should the City decide to relocate the Municipal
agency occupying the above suite to any other private or
municipally-owned building.
WITNESS the following signatures and seals.
@PROVED T(,?, CONT@T- l(@EAL)
Fratices Hutchison (Owner)
DEPARTMENT CITY OF VIRGINIA BEACH
AP,IROVL.D A@, f@-I
(SEAL)
-vii u Aubrey V. Watts, Jr.
CITY ATTORNEY City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:,
I, a notary public in and
for the city aforesaid, do hereby certify that Frances
Hutchison, whose name as such is signed to the foregoing
writing, bearing date on the day of
1 19 has this day acknowledged the
same before me in my city and state aforesaid.
Given under my hand this day of
19
Notary
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 Aubrey
V. Watts, City Manager, whose naine as such is signed to the
foregoing writing, bearing date on the - day of
1 19 has this day acknowledged the
same before me in my city and state aforesaid.
Given under my hand this day of
19
Notary
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 Ruth
Hodges Smith, City Clerk, whose name as such is signed to the
foregoing writing, bearing date on the day of
19 has this day acknowledged the
same before me in my city and state aforesaid.
Given under my hand this day of
19
Notary
My Commission EXpires:
- 26 -
Item IV-G.6
CONSENT AGENDA ITEM # 29965
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
DEFERRED for one week until the City Council Meeting of September 6, 1988. This
DEFERRAL will allow the City Staff to prepare a Briefing for City Council
relative these clarifications.
AGREEMENTS AND CLARIFICATIONS to the January 22,
1986 AGREEMENT between the City and the School
Board:
To establish and operate a Joint Cable Center
AND
To create a Joint Cable Center Board
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 27 -
Item IV-G.7
CONSENT AGENDA ITEM # 29966
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
COST PARTICIPATION AGREEMENTS
Buyrn Farm South - Sewer $ 69,576.00
Hartford Glen - Water and Sewer (water) $ 31,900.00
(sewer) $164,873.50
Wimbledon on the Bay - Sewer $ 92,469.00
Glenwood, Phase 4 - Salem Pump Station $ 47,152.00
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
COST BENEFIT ANALYSIS
BUYRN FARM SOUTH SEWER COST PARTICIPATION AGREEMENT
(Il2-43)
This project is in the Christopher Farms Sewer Pump Station Service Area.
The cost benefit analysis for Christopher Farms did not include any additional
cost to provide sewer to the ultimate service area. Such cost could not be
determined in this instance because the City's cost is totally dependent upon
the plans of private developers.
The Christopher Farms Sewer Cost Participation Agreement was approved
by City Council on March 21, 1988. The Cost Benefit Analysis for the Christ-
opher Farms Sewer Cost Participation Agreernent is attached.
City cost per Buyrn Farm $ 69,576.00
South Agreement
City cost without the Agreement
Assumptions:
(1) Future yearly City maintenance on
1273' of parallel sewer at $361/1000 feet
-Maintenance cost increases 5% per year
-Time value of money:increases 8% per year
(2) Maintenance cost will begin in 2 years
(3) Present value of annuity
PV = (1 , i)n _ (A) i = 1.08
i 1 + i @05 1 2.86%
n = 28 years
A = $459.55/yr
(12731 * $361
1000,
PV = 19.09 A
PV = 19.09 ($459.55)
PV = $8,772.81
but cost will not be incurred for 2 years
pv = (1.08-2) $8,772.81
PV = $7,521.27
Net cost to City ($69,576.00 - $7,521.27) $ 62,054.73
Christopher Farms Cost Savings $239,387.64
Cumulative Christopher Farms Sewer $177,332.91
Pump Station Service Area
Cost Savings ($239,387.64 - $62,054.73)
SGM:rw
7/29/88
(112-43)
CHRISTOPHER FARM SEWER PARTICIPATION AGREEMENT
COST BEliEFIT AtiALYSIS
Sewer
City cost per agreement $291,700
Assumptions
1. flaintenance of 2 additional pump stations and 2800 ft- of force main
for a 30-year period.
Annual maintenance cost $361/1000' pipe
Annual maintenance cost currently $9279/pump station
Ilaintenance cost increase 5% per year
Time value of money 8% per year
2. Revenue from pro rata pump station fees will be realized in two years.
Ilaintenance cost savings will begin in two years.
3. Present value of annuity where n = 28 years
=(,+i)n-1 A -1 2.86%
PV 1 1+1 n 1.-05
PV =19.05 A
Revenue from pro rata pump station fees - 759 gpm
759 gpm x $325/gpm = $246,675
PV = (1.08)-2 ($246,675) = $211,484.05
Cost savings
@4aintenance cost
PV (pump station) = (1.08)-2 (2) ($9,279) (19.05)
pV = 303,094,90
PV (Force Main) = (1.08)-2 (2800') ($361/1000) (19.05)
PV = $16,508.69
Total PV of maintenance cost savings = $319,603.59
Total PV of maintenance cost savings and fee revenue
$'119,603.59+ $211,484.05 = $531,087.64
Cost savings to City
$531,084.64 - $291,700 = $239,387.64
IAIZEIJ
14RW:mrg
2/23/88
File: I 11-9
CASCADE
OFF-SITE SE M CE AREA
FOR CITY P@ STATION
Market #D
CHRISTOPHER F
BUYRN FARM SOUTH
149
tinicipal Centei
use ES
EXHTBIT SHOIQING BUYRN FAPJII SOIT'll
CIIRISTopliER FAJOIS, AND OIIF-SITE
SBXR SP.@A[ICE ARF-A
SGM
I12-43
8/1/88
CITY OF VIRGINIA BEACH
DEPAR'FMENT OF PUBLIC UTILITIES
cos,r PARTICIPATION @GREEMEMT (SEWCR@
THIS AGREEMENI', Made this _ day of 1980, by and
between S & S Associates, a Virginia General PartnershAR-einafter
referred t a as "Owner", aiid th P. CITY OF VIRGI@IIA BEACH, VIRGINIA,
hereitiafter referred to as thL "City".
W@IEREAS, Owiiet- is seized in fee simple of Buyrn Farm South
and
WHEREAS, Owner is desirous of impi-oving the ProjLct in accordance
with the terms and coiidiliuris of tlie City ordinances and agrees to conform
to said o,,diiiances; aiid
WHEREAS, in o%-der for Owtier to pruvide sewer service to this Pi-oject,
it is neces5ary fat- Owner to construct certain sewer facilities; and
WHEREAS, the Cit@, has i-equestcd tliat such construction bL greater in
scope than is necessary to provide service to this Pi-oject; and
WHEREAS, SULH catistruction is of value to thL- City in providing
service to custumlrs otlier than tliose within the Project limits;
NOW, TFIEIREFORE, iri coiisidci-ation of Llie (iiutual proniises and benefits
accruing her-eto, tlie parties agi-eE,. tliat:
1. Owinci- shall coii,3ti-uct a 5ewel- system (hereinafter tjie "System")
according to plans and splcificatioiis approved by tlie Department of Public
UtilitiE,s, a copy of whicti is on file with the Departinent.
2. l@he City shall ma@@e casli payment to Owner in the amount of
$6 9 , 5 7 6 after successful completion of the
System and acceptance thereof by tlie City iri accordance with the approved
plaiis. The Owner will submit pet-ludic requisitions for the quantity of the
1
@@ork completed wit@i p,li t@al pavme@it to .)e fi)adc@ by LhL@ City. Tet, p6,t-ceiit
(10@'.) c,,f ttie totil payfnviit @ill bc@ .; tl @llld ti,, t i I L,', L, System is accept;ed.
P,- ; o, t ci iny pavmp@t b, Ll,c! Ci ty , @l II Lt-,L@ ,PcE@,,3a, v ea,@cmL, iits and /o,- , ig ht
c)f ways must te dedic,3tcd t,) tl,c, City.
3. T@ie City @hili @,,4ve ttl,! @-igl,t aL ally tife to ff,ake, corinec:t, or
peraiit tlie connecticii of any othl@r Feviel- fac;iity to the SystE@m. Any such
cgiinE@tic)n m@y bL at ai-,,y point, ii@fj tl,(2 City s@ial I @iave t@ie @ight 3t any
time to use the 5ystem t@ C) , e 1- ve p L i- , 0 ri s . i L h i n a r,d w i t h o u t t h r, P r o i ec t
1 i m. i t 5 .
4 . Up o,i s u c c e s,@ fu I ( o tnp I L@ t i o i i o f L 1, e S y 5 t c-,m a,id acceptarice thErLof
til[-' City, O@,,@er V,L-r,Lbv agrees tll,3t t[le SY5tPal, itil:luding bi,t not limited
to 5evie, coiiriections, 5e@qe, ma i Idt@) -31s, pipl@s, and a I I othlt-
facilities, stiall be dep@med tJeJic-ated t(i tl,c City )f Virgii-iia BLach al, of
L@ie datl c)@ the Cit@y's written -acceota,-,ce tliL,,,20f.
OwnLr shdll iridem,iify diid hold t@ie CiLy hai-mless ff-an, ally and
,3 1 1 1 iib i I i t@, of whatevei 11-3tul-c@ al i@,ir)g out of ttic- desi(@n, approval,
c:c,,ist,-uctioi-i a,id/or iii5t,,Ilatio,i of 'tic@ Systc?,T@. In ttic, c?vcnt any claim is
m3de agiiiist tlie C4 ty, eithF-,i- i,idept?ridLi@t;ly or joii,tly with Oner, le5see,
o r pur cha.3E,)- on ac c akin t @iL rc!o f , 'c hL@ O.nt-@r a t i t s so I c, c o,,; t s@ia 1 1 dL'fP-nd tlie
Cit,,, a(jainst suc[i clai(fts.
t,. Ttiis AgreL@mLiit stiall iiiu@e to t.lic@ benefit of and bL- tiindivig upon
ttiL, paT-tiLs herpt(i @and ttici, rL,@pc-ctive hpir@@, @,,jccL@5,@ots 3rid aesigns.
7. 1.1po'l executioii of ttilb Og'eE2alE@Ilt, it stia I I be rpcoi-dld by i;he
f- i ty iii the CILY@,'5 Off ice .)f thL C i r cj i t Coui-t )f the City of Vii-ginia
Beach, at Owiier's expetise.
IN WITI,IESS W@FEREOF, tlic., pai-tie.@ lierplo have executed aiid S2ated
this Ogrec,,mLnt iis of the day and ye@3i- f irst above wi-itterl.
CTTY OF VIRGI[QIA BEAC[D, VIRGINIA
BY
(City M,3n@iqL,-)
DOTE
ATTEST:
SE@4L-)
City Clerk
BY
DATE_
(@TTEST
--(SEAL)
APPROVED AS TO CONTEKITS:
L
APF@ROVED AS TO FORM:
Cily At'arney's Office
(-'-RTIFIED @)5 rO f)VAIL()BILITY OF FUNDS:
Departmeiit of Fi,i,3i@c(@
SFATE OF
3
CITY C)F (A
('Io tai y Pub I ic i i, 3nd f or the C i ty
and State 3foregaid, do hli-eby Lel-tify tilat
aiid i-espectively, C)f
.1@c)5e i,in,c?g a, (2 s i ci nf@d to the vi-itiriq above,
bearinq clate of LA t,a,,c, a(-k,lo@,irdg(?d th(, safne bEfur2 fne in my
City and State aforlsaid.
Giveri utider n,y iiarid thi,:, v of 19BO.
i------- dii,
My Commission E@@pire,@
SToTE OF VIRGINIO
J-1-iY OF VIRt3lNl@) BEACII, to-wit:
Fl,c@ forlgoiiig itistrume,it via-- aL[@novipdgLd Upfore nie t)y
@iicj R,jtti lic)does Smitl), Lhe City Maiiager
@,-,d Cit,/ Clc@l@, -espt-@ctively, of thL- Cit@y of Virgir,ia Beach, thi@
day ol 1980 .
Notaiy Public
My Co!nmissiori Expl:-LS:
CIT
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS
WHEREAS, Thomas R. Gallagher and Joel S. Coplon are
desirous of developing land located in the Princess Anne Borough
in accordance with the terms and conditions of the city
ordinances, and
WHEREAS, the city desires to enter into cost
participation agreements requesting the developer to engage in
construction greater in scope than is necessary for the project
in order to provide water and sewer services to customers outside
the project limits, and
WHEREAS, the city's share of costs is estimated at
$31,900 for water improvements, and $164,874 for sewer
improvements with such costs to be charged to project #5-304
Small Line Improvements and #6-316 Various Sewer Projects,
respectively, and
WHEREAS, such construction at this time will provide
for future needs and prevent the city from having to incur
additional operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
and directed to execute cost participation agreements with Thomas
R. Gallagher and Joel S. Coplon for construction of water and
sewer facilities. Said proposed agreements are hereby attached
and approved.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on
the 29 day of August 19 88
HARTFORD GLEN WATER COST PARTICIPATION AGREEMENT
Cost Benefit Analysis
H 10-27
Water
City cost per agreement $31 900.00
City cost savings
Assumptions
1. City construction of 3190' of 12-inch parallel line in accordance with the
Public Utilities Department's long-range plan to be equivalent to a 16 inch
diameter water line.
Construction of parallel water line in Holland Road in five years.
Maintenance cost on the parallel line begins in five years.
Con5truction cost is $25 per foot and increases 5% per year
Annual maintenance cost is $3e5/1000' pipe
Maintenance cost increases 5% per yeal-
Time value of money 8% per yeai-
2. Future value (FV) of construction cost
FV = P(l+i)' i = 5%
n = 5 years
P = (3190')(25)
P = $79,750
FV = ($79,750)(1.05@')
FV = $101,783.45
PV = ($101,783.45)(1.08-7@)
PV = $69,272.11
3. Present value (PV) of annuity
PV = (I+i)@,-I(A) i 1.08-1 = 2.86%
i(l+i)n 1.05
N 25 years
PV = 17.69 A
PV (maintenance) = 17.69 (3190')($385/1000')(1.08--@)
PV (maintenance) = $14,786.33
Total PV = $69,272.11 + $14,786.33 = $84,058.44
Cost savings to City
$84,058.44 - $31,900.00 = $52,158.44
,T,r
@'lloq@,
HARTFORD GLEN SEWER COST PARTICIPATION AGREEMENT
Cost Benefit Analysis
H 10-27
Sewer
City cost per agreement $164,873.50
City cost without the agreement
Assumptions
1. Maintenance of one additional pump station and 2800 feet of force main for a
30-year period.
Annual maintenance cost currently $9,279/pump station
Annual maintenance cost of force main currently $361/1000 feet
Maiiitenance co5t increases 5% per year
Time value of money 8% pei- year
zli, Revellue fi-am pi-c, i-ata pump station fees will be realized in two years.
Maintenance cost savings will begin iii two years
3. Preseiit value (PV) of anriuity
pv (I+i)n-l (A) i 1.08-1 = 2.86%
i(l+i)n 1.05
n 28 years
PV 19.09 A
Revenue from pro i-ata pump station fees (329 gpm peak)
(329 gpm peak)($325/gpm peak) = $106,925.00
PV (pro rata) = (I.OB)--2($106,925.00) = $91,670.95
PV (pump station) = (1.08)-2($9,279)(19.09)
PV (pump station) = $151,865.66
PV (force main) = (1.08)--@(2800')($361/1000')(19.09)
PV (force main) = $16,543.36
Total PV of maint2nance cost savings = $168,409.02
Total PV of maintenance cost savings and pro rata fee revenue
$160,409.02 + $91,670.95 = $260,079.97
Co5t savings to City
$260,079.97 - $164,673.50 = $95,206.47
NotL-s:
1. Additional City costs, if any, for extending sewer to the ultimate service
area have not been included. Such costs, if any, could not be determin2d in
this instance because the City's costs are totally dependent upoll the plan5
Of priVat2 deV21opers.
2. Future cdnstruction in existing Holland Road witli disruption to traffic and
citizens would bL avoided.
,iv
sfft41/2 mc
8/2/88
H 10-27
HARTFIORD GLEN
HLON
'aliliei's Marke
CB0@,US
OFrl'-SI'FE S@,R B@f,'IT
P6
pal Ceiiter
FXHIBTT SHOWING HARTFORD GLEN
AND OFF'-SITE SEWER BENEFIT
AREA
------- SGM
8/2/88
H10-27
CT
EXISTING 16" WATER LINE
PROPOSED 16" WATER LINE
ot Y,
HLON
rke
I-IARTFORD GLEN
EXHIBIT SHOWING HARTFORD GLEN AND
PROPOSED 16" WATER LINE EXTENSION
SGM
8/4/88
HIO-27
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 4th- day of Auqust 198B, by and
between Thomas R. Gallaqher coplon
hereinaft2r referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "City.
WHEREAS, Owner is seized in fee simpl, f Hartford Glen
and
WHEREAS, Owner is desirous of improving the Project in accordance with
the terms and conditions of the City ordinances and agrees to conform to
said ordinance5; and
WHEREAS, in order for Owner to provide water service to thi5 Project,
it is necessary for Owner to construct certain water facilities; and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, sucli construction is of value to the City in providing se,vice
to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of th2 mutual promises and benefits
accruing hereto, thL parties agree that;
1. Owner shall construct a water system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on filc, with the Department.
2. The City shall make casti payment to Owner iii the amount of
-@-ii gno-oo after successful completion of the System
and acceptanC2 thereof by the City in accordance with the approved plans.
3. ThL- City shall have the right at any time to make, connect, or
p2rmit the connection of any othlr water falility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve per5ons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof by
thL City, Owner hereby agrees that the System, including but not limited to
water connections, water mains, valves, fittings and all other facilities,
shall be deemed d2dicated to the City of Virginia Beach as of the datl of
the City's written aLceptancL thereof.
5. Owner shall indemnify and hold the City harmless from any and all
liability of whatever nature arisirig out of the desigil, approval,
construction, and/or installation of the system. In the event any claim is
made against thE? City, eith2r independently or jointly witli Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall deflnd the
City against such claim.
6. This Agreement shall inure to tlie benefit c)f and be binding upon
the parties her2tO and th2ir respective heirs, successors, and assigns.
7. Upon execution of this AgreLmLnt, it stiall b2 rlcorded by th2 City
in the Clerk's Office of the Circuit Court of th2 City of Virginia 92ach,
Virginia, at Owner's 2Xp2nse.
2
IN WITNESS WHEREOF, the parties hereto have? executed and sealed
this Agreement a5 of the day and year fi@st above written.
CITY OF VIRGINIA BEACH, VIRGINIA
Manager)
DATE
ATTEST:
(SEAL)
City Clerk
B)
Pr
DATE Li
(SEAL)
sel:@ tary I
APPROVED AS TD CONTENTS:
Depifrtment of Public UCilities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
6epartment of Finance
3
STATE OF V IfL (PI Pi 14
CITY OF UI(L(,INIA @PACH
I, @r) k). t-4AItiEfl_, a Notary Public in and for the City
and State aforesaid, do hereby certify that -i@o@ A17 R. (-.ALL.4L-)44A,
.nd @of-L c,. c-o President and Secretary, respectively, of
11,LL&j hose names are 5igned to the writing above,
bearing date of ALAL-. Li@ 1917 have acknowledged the saml before me in my
City and Stat2 aforesaid.
Given under my hand this day of (pLt V -F 19B8.
My Commission Expires '-t/ 57- -A )III
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1988.
Notary Public
My Commi5sion Expires:
3/88
4
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWE9@
THIS AGREEMENT, Made this 4th - day of ugust ige8, by and
between Thomas R. Gallaqher and Joel S. Coplon hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simpl@ f Hartford Glen
and
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms and conditions of the City ordinances and agrees to conform
to said ordinances; and
WHEREAS, in order for Owner to provide 5ewer service to this Project,
it is necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and bp-nefits
accruing hereto, the parties agree that:
1. Owner shall construct a sewer 5ystem (hei-einafter the "SystL-m")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of
$164,873.50 after succe5sful completion of the
System and acceptancl- thereof by the City in accordance with thL approved
plans. The Owner will submit p2riodic requisitions for the quantity of th2
I
work completed with partial payment to be made by the City. Ten perC2nt
(10%) of the total payment will be withheld until the System is accepted.
Prior to any payment by the City, all thL necessary easements and/or right
of ways must be dedicated to the City.
3. The City shall have the right at ariy time to make, connect, or
permit the connection of any other sewer facility to the System. Any slich
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the Sy5t2m and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
faCiliti2S, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written alceptance thereuf.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever naturl- arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against tlie City, E-,ittier iridependently or joiitly ith Owner, lessee,
or purchaser an account hereof, the Owner at its 5ale cost shall defend the
City against sulh claims.
6. This Agreement shall inure to tV)L, benefit of and be binding upori
thL parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, at Own2r'5 expense.
2
IN WITNESS WHEREOF, the parties hereto have executed and 5ealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
@y
(City Manager)
DATE
ATTEST:
(SEAL)
City Clerk
Eq
DATE L4 11819
ATTEST:
L
SeClary
APPROVED AS TD CONTENTS:
., -@ o,,@
c @ @, , -
DepA tment of Public Utilities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
3
STATE OF Ui&(,itvlA
CITY OF I)IYI-t, IFVIA tb 4(
I , ZL) W. md7tiF-@ a Notary Public in and for the City
and State aforesaid, do hereby certify that 7116MA5 R. ("A " A @H 4, tz-
.nd aO E L, C-oPLt)t,) President and Secretary, respectively, of
oLt- whose names are signed to the writing above,
bearing date of /914@. Lil 19@l - have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this 4 day of Aii t@ti S7- 1988.
My Commi5sion Expi,es; 'gli tu sT 16 i i9l)
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodg2s Smith, th2 City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1988.
Notary Public
My Commission Expires:
4
s 'o AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Wimbledon-On-The-Bay, Inc. is developing
ccrtain property in the Lynnhaven Borough in accordance with the
tcrms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WHEREAS, the city has requested that the system be
developed in such a way as to expand the system to the
surrounding area and allow a singlc pump station to serve the
area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$92,469 with such costs to be chargcd to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to entcr into a cost participation
agreement with Wimbledon-On-The-Bay, Inc. for construction of
certain sewer facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 29 day of August 1988.
WIMBLEDON ON THE BAY SEWER COST PARTICIPATION AGREEMENT
COST BENEFIT ANALYSIS
Sewer
City cost per agreement $92,469
Assumptions
1) Economic life of sewerage pumping station is 30 years for analysis.
2) Equal trade-off insofar as force main pipe length and maintenance
costs are concerned.
3) a. Annual pumping station maintenance costs currently $9,279/P.S.
b. Maintenance costs increase 5% annually.
c. Time value of money 8% annually.
4) The Cox-Dey pumping station will be abandoned within the year making
the present value of the work its current anticipated cost.
5) Will use present worth analysis:
(1 + i )n _,
PV 11 A where n = 30 years
1 = 1.08 1 = 2.86%
1.05
PV = 19.96 A
Present value of maintenance of a single pumping station: for 30 yr.
life of station
PV = (1.08)-2(9279) (19.96)
= 158,468.52
Cost to extend sewer main from end of expanded project area to existing
pumping station:
400 LF 8" D.I. sewer line @ $35.00/LF = $14,000
Cost to abandon existing pumping station:
Lump Sum = $15,000
- 2 -
Total cost to city for maintaining two separate sewerage pumping stations.
Annual maintenance for P.S. (30 years) $158,468.52 X 2 = $316,937.04
Total cost to city for participation with developer, gravity line extension,
abandonment of existing station and maintenance for a single sewerage pumping
station:
Cost participation $ 92,469.00
Gravity line extension 14,000.00
Abandon pumping station 15,000.00
Maintenance of pumping station (30 years) 158,468.52
$279,937.52
Cost savings to city:
$316,937.04 - $279,937.52 = $36,999.52
,mH-R:mrg
5/27/88
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FIT ARF-A
FIDIP STATION TO BE ABANDONED
NEW PU
Co@e
---------- ARFA
---------- ORIGINAL SERVICI
WjlvBLEMN ON @ BAY
!/25/8
(I3-23) MHR
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this day of
1988 by and between WIMBLEDON ON-THE-BAY, INCORPORATED
hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of Winibledon On-The-
Bay
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutal promises
and benefits accruing hereto, the parties agree that;
1 of 5
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The city shall make total cash payment to owner in the
amount of $92,469.00 after successful completion of the System
and acceptance thereof by the City in accordance with the
approved plans. The Owner will submit periodic requisitions for
the quantity of the work completed with payment made by the City
within thirty (30) days after receipt of the requisition. Ten
percent (10%) of the total payment will be withheld until the
system is accepted by the City. Prior to any payment by the
City, all necessary easements and/or rights-of-way must be
dedicated to the City.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any -such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that tbe System,
including but not limited to sewer connections, sewer mains, and
all other facilities, shall be deemed dedicated to the City of
virginia Beach as of the date of the City's written acceptance
thereof.
2 of 5
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with owner, lessee, or purchaser on
account hereof, the Owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at the City's expense.
3 of 5
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day firs@- above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
6@ City Manager
DATE
ATTEST:
(Seal)
City Clerk
By
Wimble @@6--Bay, inc.
DATE
ATTEST:
(Seal)
APPROVED AS TO CONTENTS:
'Ddpartmdnt of,@blic Utilities
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
4 of 5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
i N.t.ly P.bli,- i. ..d
for the City and State aforesaid, do hereby certify that
-jahn Wallace Summs I President of , Wimbledon
On-The-Bay, Incorporated whose name is signed to the writing
above, bearing date of has acknowledged
the same before me in my City and State aforesaid.
Given under my hand this 25th day of
January 1988.
Notary Public
my Commission Expires: aAu 14 lqq()
,7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the City
Clerk, respectively, of the City of Virginia Beach, this
day of 1988.
Notary Public
My Commission Expires:
@IZOT AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, R. G. Moore Buil.ding Corp. is developing
certain property in the Kempsville Borough in accordance with the
terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WHEREAS, the city has requested that the developer
oversize the sewer system to serve the surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$47,152 with such costs to be charged to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with R. G. Moore Building Corp. for construction of
certain sewer facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effcctive from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 29 day of Augsut 1 988 .
GLENWOOD, PHASE 4 - SALEM PUMP STATION
SEWER COST PARTICIPATION COST BENEFIT ANALYSIS
(FIO-43)
city Cost Per Agreement $47,152.00
Savings/Revenue
Assumptions
* 2 additional Pump stations needed to serve benefit area
* Maintenance on pump station is for 30 years.
* Maintenance costs increase 5%/year.
* Time value of money is 8%/year.
* Current annual pump station cost is $9,729/station.
* Maintenance savings begin in 2 years.
* Revenue from pro rata pump station fees will be realized in 2 years.
Savings
Present Worth: PW A (1 + i)n
1 , i n
A Annual Cost = 9,729 x 2 = 19,458.00
n 28 years
i 1.08 - 1 = 2.86%
1.05
PW 19,418 !IUZ@.TI281)28 - 1 = 371,441.33
1 @ u6oo),8
Maintenance Savings begin in 2 years.
PW (Maintenance) = (1-08)-2 (371,441.38) = 318,451.07
Cost Savings - 318,451.07
Revenue
Pro Rata Pump Station Fees
56 gpm x $325/gpm = $18,200.00
PW (Pump Station Fees) = (1.08) -2 18,200 = $15,603.57
Total PW Maintenance Cost Savings and Fee Revenue
$318,451.07 + $15,603.57 = $334,054.64
Cost Savings to the City
$334,054.64 - $47,152.00 = $286,902.64
JB:mrg
8/3/88
(FlO-43)
os@ c,6 r
WGGI)BMDGT 1
CT OFF-SITE SEWER
BENEFIT AREJ
!C
;p
FALL MMDW (;T
BURWILLOW DR
MILTON C7
C,
P STATIO
ORIGINAL SERVICE AREA
GLENWOOD PHASE 4
DC
OFF-SITE SEWER
BENEFIT AREA
EXHIBIT SHOWING SALEM PUMP STATIO
AND OFF-SITE SEWER BENEFIT AREA
7/8/
Fl0-
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this I Ct day of 19 @9,
by and between R.G. MOORE BUILDING CORPORATION hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the "Cityll.
WHEREAS, Owner is seized in fee simple of GLENWOOD, PHASE 4
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms and conditions of the City ordinances and agrees to
conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be greater
in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that;
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with the
Department.
2. The City shall make total cash payment to Owner in the
amount of $47,152.00 after successful completion of the System and
acceptance thereof by the City in accordance with the approved plans.
1 of 4
The owner will submit periodic requisitions for the quantity of the
work completed@with payment made by the City within thirty (30) days
after receipt of the requisition. Ten percent (10%) of the total
payment will be withheld until the system is accepted by the City.
Prior to any payment by the City, all necessary easements and/or
rights-of-way must be dedicated to the City.
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any
such connection may be at any point, and the City shall have the
right at any time to use the System to serve persons within and
without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System, including
but not limited to sewer connections, sewer mains, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach
as of the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction, and/or installation of the System. In the event any
claim is made against the City, either independently or jointly with
owner, lessee, or purchaser on account hereof, the Owner at its sole
cost shall defend the City against such claim.
6. This Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, successors and
assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's office of the Circuit Court of the City of
Virginia Beach, virginia, at the City's expense.
2 of 4
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
City M..ager
DATE
ATTEST:
(Seal)
Ci.ty Clerk
BY
-moo@
e Building Corp-
DATE
ATTE@
(Seal)
APPROVED AS TO CONTENTS:
@epartment of Public Utilities
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
3 of 4
STATE OF
CITY OF
a Notary Public in and
for th@ity.and State aforesaid, do h:7@tcertify that
and
President and Secretary, respectively, of R.G. Moore Building
Corporation whose names are signed to the writing above,
bearing date of@ have acknowledged the same
u
before me in my City and State aforesaid.
Given under my hand this day of 1988
My Commission Expires
UU(,)
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the
City Clerk, respectively, of the City of Virginia Beach, this
day of 1985.
Notary Public
My Commission Expires:
4 of 4
- 32 -
Item IV-G.12
CONSENT AGENDA ITEi4 # 29971
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $60,980.73 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
FORM NO. C.' 8 REI au
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Independent Lighting Corp.
1209 Baker Road
Virginia Beach, vA 23455 Audit 1983-85 432.01 432.01
Miracote of VA Inc.
3324 Virginia Beach Blvd. s-103 32.68 32.68
Virginia Beach, VA 23452 Audit 1985-86
Rita A. Meeks, M.D., Ltd.
T/A Rita A. Meeks, M.D.
913 First Colonial Road 435.84 435.84
Virginia Beach, vA 23454 Audit 1986-87
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
@/C;ity Atiorney on
This ordinance shall be effective from date of
adoption.
The above abatement($) totaling $ 9 00. 53 were approved by the Council
of the City of Virginia Beach on the 29 day of August .19 88
Ruth Hodges Smith
City Clerk
FOR. @0, C.@. 8 FiE@ 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
sun up, Inc.
T/A The Roast Beef Place
701 Lynnhaven Mall #2028 1984-86 145.21 145.21
virginia Beach, vA 23452 Audit
Certified as to Payment:
Commissioner of the Revenue
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 14 5. 2 1were approved by the Council
29 August 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.., B REV @86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Broad Bay Builders, Inc.
2400 Haversham Close
virginia Beach, VA 23464 Audit 1986-87 234.32 234.32
E. maintenance Service Inc.
1645 Brockie Circle
Virginia Beach, VA 23464 Audit 1985-86 6.65 6.65
Fathers Records, Inc.
4612 Glanmire Drive
virginia Beach, VA 23464 Audit 1986-87 41.39 41.39
Certified as to Payment:
Commissioner of the Revenue
m:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling - were approved by the Council
of the City of Virginia Beach on the 29 day of Augsut '19 89
Ruth Hodges Smith
City Clerk
FOR. @O C.@@ 8 REV 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Family Skating Center, Inc.
T/A Kempsville Fainily Skating Center
5351 Lila Lane
Virginia Beach, VA 23464 Audit 1986-87 434.44 434.44
Hertiage Savings & Loan Assoc.
T/A Heritage Savings & Loan Mortage
4452 Corporation Lane #3, Suite 118
Virginia Beach, VA 23462 Audit 1985-87 4,694.88 4,694.88
Hospitality Service Of Oregon
T/A Pavilion Tower/Chatneys/Wraves
18017 S. Skyline Circle
Lake oswega, OR 97034 Audit 1986-87 158.06 158.06
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
;o
ale Bim n
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $5 , 287 38 were approved by the Council
of the City of Virginia Beach on the 29 day of Aupust 19 89
Ruth Hodges Smith
City Clerk
DATE: August 23, 1988
TO-. GARY FENTRESS DEPT: CITY ATTORNEY
FROM: JUDY BRAUN DEPT: COMMISSIONER OF REVENUE
x BUSINESS LICENSE
RE: ORDINANCE AUTHORIZING LICENSE REFUNDS IN THE AMOUNT OF
$48,281.79
Please note that the attached ordinance is for a single
refund in the amount of $48,281.79. The refund represents an
over payment of license taxes for four (4) Safeway stores which
have gone out of business.
RPV/wn
Enclosure
FORM NO. C@ 8 REV. 3u
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Safeway Stores, Inc.
T/A Safeway Stores
1301 West Hundred Road
Chester, VA 23832 Audit 1985-87 48,281.79 48,281.79
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 4 8 , 2 81-. 7 9 ere approved by the Council
of the City of Virginia Beach on the- 29 day of August 119 89
Ruth Hodges Smith
City Clerk
FOFA. .0 C@A 8 REV 3'ft
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cerlification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Newtown Associates Mortage Co.
160 Newtown Road, Suite 104
Virginia Beach, VA 23462 Audit 1986-87 871.68 871.68
Thomas Selden
T/A BDS Enterprises
1105 Birnam Woods Drive
Virginia Beach, VA 23464 Audit 1984-85 36.00 36.00
Shipmates Ltd.
T/A Grand Rental Station
9801 Nokesville Road
Manassas, VA 22110 License 1988 267.16 267.16
Certified as to Payment:
Wobert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Dai7e-Bimson
ty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 81 .1 74 8 4 were approved by the Council
29 August 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
F@M .0 C .@ 8 REV
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Dennis E. Barkley
T/A Avero Contractors
3816 Piping Rock Lane
Virginia Beach, VA 23452 Audit 1987 35.92 35.92
Leslie E. Bristow
T/A Bristows Builders
640 Newtown Road
virginia Beach, VA 23462 Audit 1986-87 150.00 150.00
William & Ronald Carlile
T/A Precision Graphics
4912 Shell Road, Suite 101
Virginia Beach, VA 23455 Audit 1986-87 395.42 395.42
Certified as to Payment:
o@b rt P. Vaughan
Commissioner of the Revenue
Approved as to form:
Bims6n
C,ty Attorney
This ordinance shall be elective from date of
adoption.
The above abatement(s) totaling $58 134 were approved by the Council
of the City of Virginia Beach on the 29 day of August '19 88
Ruth Hodges Smith
City Clerk
FORM .0. C.A 8 REI
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Vivian Carrouthers
T/A i C's Janitorial Service
811 Grosvenor Court, South
Virginia Beach, VA 23462 Audit 1986-87 80.40 80.40
Continental Fed. Savings Ba@k
T/A Continental Fed. Loan Center
296 Constitution Drive
Virginia Beach, VA 23462 Audit 1986-87 580.00 580.00
Lynnhaven Associates, Inc.
615 Lynnhaven Parkway
Virginia Beach, VA 23452 Audit 1986-87 3,666.88 3,666.88
Certified as to Payment:
rt P V..gh.,,
Commissioner of the Revenue
Approved as t% form:
This ordinance shall be effective from date of Vity Attorney
adoption.
The above abatement(s) totaling $4 , 327. 28 were approved by the Council
of the City c)f Virginia Beach on the 29 day of August ig 88
Ruth Hodges Smith
City Clerk
- 33 -
Item IV-H.I.
APPOINTMENTS ITEM # 29972
Upon NOMINATION by Councilman Moss, City Council APPOINTED to the TIDEWATER
TRANSPORTATION DISTRICT COMMISSION:
Vice Mayor Robert E. Fentress
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D.. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Robert E. Fentress,
Council Members Absent:
Reba S. McClanan and John L. Perry
- 34 -
Item IV-J.1
NEW BUSINESS ITEM # 29973
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to Amend and Reordain the Code of the
City of Virginia Beach, Virginia, By adding Section
2-6 Pertaining to the Resort Area Advisory
Commission.
AND, APPROVED:
The Resort Area Advisory Commission BY LAWS
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING SECTION
4 2-6 PERTAINING TO THE RESORT AREA
5 ADVISORY COMMISSION
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That the Code of the City of Virginia Beach is hereby
11 amended and reordained by adding Section 2-6 to read as follows:
12
13
14 Section 2-6. Resort Area Advisory Commission.
15
16 (a) There is hereby created the Resort Area Advisory
17 Commission which shall consist of at least eleven (11) but not
18 more than fifteen (15) members. The members of the Commission
19 shall be appointed by the city council to serve terms of three
20 (3) years; however, the initial terms of several members shall be
21 made for lesser terms in order to provide for staggered
22 expirations thereof. A chairman and a vice-chairman shall be
23 elected from the Commission by its members. All members shall be
24 residents of the
25 (b) The governance and administration of the
26 Commission shall be in accordance with its by-laws, incorporated
27 by reference herein, terms and conditions of which shall not be
28 amended without the prior consent of city council.
29 (c) The Resolution adopted by city council on April 2-,
30 1984, which established and appointed a Resort Area Advi@r
31 Commission, is repealed upon appointment of a new Commission.
3 2
33 Adopted by the Council of the City of Virginia Beach,
3 4 Virginia, on the 29 day of Aupust 1988.
3 5
36 RMB/epm
37 10/26/87
38 11/20/87
39 02/02/88
40 08/26/88
41 CA-02384
42 \ordin\proposed\02-006.pro
RESORT AREA ADVISORY COMMISSION
BYLAWS
ARTICLE I
PURPOSE
The general purpose of the Resort Area Advisory Commission
shall be to study the Resort Area of the City and to make
recommendations and proposals to City Council the implementation
of which the Commission feels will serve to enhance the
attractiveness of, and improve the image of, the Resort Area to
tourists, residents, and private investors. To that end, the
Commission shall develop, for presentation to and review by the
City Manager, feasible and appropriate plans for the overall
improvement and enhancement of the Resort Area, shall revise and
refine such plans as necessary, and shall have a continued
advisory involvement in the implementation of these plans and
projects that City Council chooses to endorse. For purposes of
the Commission's charge, the Resort Area shall be defined as that
area north and east of Broad Bay, Linkhorn Bay, and Birdneck
Road, from Great Neck Road (at its intersection with Shore Drive)
to Camp Pendleton, and shall include all City gateways and all
public beachfront areas located both within and outside of the
above-defined area.
Specifically, the Commission is charged to engage in studies
and to make recommendations regarding, but not necessarily
limited to, the following areas of concern:
*architecture
*boardwalk and adjacent green belt
*community perception
*cultural attractions
*enforcement of beach-related ordinances
*entrance corridors (City gateways)
*landscaping
*parking
*pedestrian accommodation (i.e., sidewalks, street
furniture, crosswalks, etc.)
*police presence
*public maintenance
*recreational facilities
*traffic/transportation/access
*zoning and land use (recommendations to Planning
Commission)
ORM NO. C.A. 7 8/11/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. P id
Crestar Mortgage Corp 88 RE(1/2) 83871-7 11/23/87 63.56
Crestar Mortgage Corp 88 RE(2/2) 83871-7 6/5/88 63.56
Investors Savings Bank 87 RE(2/2) 51373-8 6/5/87 38.88
E Joseph & Joan L Nusbaum 88 RE(1/2) 80579-8 11/18/87 149.46
E Joseph & Joan L Nusbaum 88 RE(2/2) 80579-8 6/1/88 149.46
Total 464.92
This ordinance shall be effective from date of adoption.
The apX@.t@tement(s) totaling as to eayrpent;
were approved by
the Council of t 0
Beach on the h'-'-"'y Y-i',@-nita, 19.8
-'day of n $kt@inso !Treasurer
Approved as t
Ruth Hodges Smith
City Clerk
V@-Bimsdn, 6ity Attorney
ARTICLE II
MEKBERS
Section 1. Number. The Commission shall consist of at least
eleven (11) but not mare than fifteen (15) members. All members
shall be appointed by City Council.
Section 2. Term. Of the initial appointments, five (5) shall be
.for a term of three (3) years, five (5) for a term of two (2)
years, and five (5) for a term of one (1) year. Thereafter, all
members shall be appointed for a term of three (3) years. In
accordance with S 2-3 of the City Code, no member shall be
appointed to serve more than three (3) consecutive three (3) year
terms. All initial appointments shall cofftmence on the same date.
Section 3. Qualifications. All members shall be residents of
the City. The overall membership should reflect knowledge in the
areas of accounting, architecture, business administration and
management, engineering, law, and any other area that would
render a member uniquely qualified and experienced to study and
make recommendations on the issues referenced herein. The
membership of the Commission should also reflect broad
geographical representation.
Section 4. Chairman and Vice-Chairman. A Chairman (or Vice-
Chairman in the Chairman's absence) shall preside over the
meetings of the Commission. The first Chairman and Vice-Chairmall
shall be designated by City Council and shall serve until June
30, 1989. Thereafter, the Chairman and Vice-Chairman shall be
appointed by a majority vote of the Commission and shall serve
for a term of one (1) year. The Chairman and Vice-Chairman may
be re-elected for additional terms.
Section 5. Attendance. Attendance records shall be kept at each
meeting of the Commission and an annual report of the attendance
of the members shall be filed with the City Clerk by June 30 of
each year for review by City Council. No member shall accumulate
an annual total of more than three (3) absences (not to exceed
one-fourth of the total number of nieetings). If this limitation
is exceeded for reasons other than personal illness, death or
other unusual purposes, the appointment shall be terminated
automatically, or as otherwise prescribed by law.
Section 6. Vacancies. A vacancy caused by death, resignation,
termination, expiration, or otherwise shall be filled by City
Council for the unexpired term thereof, or in the case of an
expiration, for three (3) years, within thirty (30) days of said
vacancy. Notwithstanding the above, if, immediately prior to a
vacancy, the Commission consists of more than eleven (11)
members, City Council shall not have to fill the vacancy.
2
ARTICLE Ill
MEETINGS
Section 1. Regular meetings. The Commission shall meet at
least once a month at a time and location to be determined by the
Chairman upon consultation and coordination with the other
members.
Section 2. Special meetings. A special meeting may be called by
the Chairman or five (5) members of the Commission, or may be
convetied by City Council, to consider any matter that, in the
determination of the Chairman, the members, or City Council,
needs to be addressed prior to a regular meeting.
Section 3. Requirements. A majority of Commission members shall
be present in order for any meeting to be held. All actions of
the Commission shall be conducted at a regular or special ineeting
and, with the exception of reports as indicated iii Article IV
below, shall require a majority vote of those members preselit.
ARTICLE IV
REPORTS
Within forty-five (45) days of the eiid of the fiscal year,
the Commission shall prepare and submit aii annual report of its
activities, recommendations and proposals, including a financial
statement, if applicable, to the City Manager who shall transmit
same to City Council. Interim reports to City Council nlay be
provided when deemed appropriate or necessary by the Commission,
City Council, or the City Manager. All reports shall be approved
by a majority of the members of the Commission. In any report to
the Council, the Commission shall identify any conflicts that its
report may have with the opinions of other City agencies.
ARTICLE V
COORDINATION
The Commission shall work with and through the Resort
Programs office which shall be responsible for coordinating the
efEorts of the Commission with other City departments, boards,
and commissions (1) to ensure that there is no unnecessary
duplication of efforts, (2) to enable the Cofftmission to review
the recommendations and proposals of other City agencies for
compatibility (or incompatibility) with Commission objectives,
and (3) to ensure timely implementation of projects and programs.
The Resort Programs Office shall be responsible to the Office of
the City Manager.
3
ARTICLE VI
SUBC014MITTEES
The Chairman of the Commission shall have the authority to
appoint subcommittees, comprised of members of the Commission,
to study and review specific areas of concern and to report back
to the full Commission for such action as the Commission shall
deem appropriate.
ARTICLE VII
A14ENDMENTS
No alteration, amendment, or repeal of these Bylaws or ariy
section thereof shall be effective without the prior consent of
City Council.
ARTICLE VIII
TERMINATION
The Resort Area Advisory Commission shall terminate
automatically at midnight on August 31, 1989 unless terminated
by City Council prior to that date.
These Bylaws are hereby adopted this ZY7,ylday of
@6,@7- , 1988, by the Council of the City of Virginia Beach,
Virginia.
RMB/dga
10/26/87
12/4/87
2/3/88
3/3/88
8/30/88
4
- 35 -
Item IV-J.2
NEW BUSINESS ITEM # 29974
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of September 6, 1988:
Consideration of the City's Health Care Benefit
Package for City Employees
City Council will consider an ordinance to increase the City's health care
contribution from $60 to $75 per employee per month. This will provide each
eligible employee an additional $180 annually, or a total City contribution of
$900 annually.
To pay for this increase, two major cost-saving measures were suggested:
1. Effective this year, service awards maximums will
be reduced by $50 for each service level category.
Also, employees will be recognized for actual
months of service earned as of November 30, 1988,
therby eliminating the maximum five-month grace
period allowed in past years. These reductions in
the program will save approximately $120,000.
2. Freeze hiring for various city positions for up to
90 days effective September 1, 1988, or until an
amount of $430,000 has been saved. (Excludes the
needed positions in Police and Fire).
These two measures, along with deleting/deferring $50,000 in planned capital
expenditures, will pay for the increase in the City's contribution this fiscal
year.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry* and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
"Verbal Aye
- 36 -
Item IV-K.l.
ADJOURNMENT ITF14 # 29975
Upon motion by Vice Mayor Fentress and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 4:55 P.M-
Be rl O@.k@
Chief Deputy City Clerk
,/Ruth Hodfes Smith, CMC Meye'ra Oberndort
City Clerk Mayor
City of Virginia Beach
Virginia
- 28 -
Item IV-G.8
CONSENT AGENDA ITEM # 29967
Councilman Perry advised during the past two months, two contractors of a
similar nature as the acceptor of the LOW BID have declared bankruptcy. The
City Attorney advised the City's interest is secured by performance bonds.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED:
L.OW BID to Asphalt Roads & Materials Company, Inc.
for the 1988-89 Various Roads Contract in the
amount of $343,382.50 to provide minor city-wide
construction projects for various city agencies.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 29 -
Item IV-G.9
CONSENT AGENDA ITEM # 29968
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
LOW BID to Contractors Paving Company, Inc. in the
amount of $3,569,812.30 for:
Lynnhaven Parkway Phase v (CIP 2-935)
$2,273,759.37
Recreation Drive Bridge (CIP 2-823)
$1,296,052.91
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. fienley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 30 -
Item IV-G.10
CONSENT AGENDA ITEM # 29969
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
RAFFLE PERMITS
liUMANA HOSPITAL BAYSIDE
LADIES AUXILIARY, KNIGHTS OF COLUMBUS #4632
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 31 -
Item IV-G.11
CONSENT AGENDA ITEM # 29970
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$784.27 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
RM NO. C.A. 7 8/1 5/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Curtis M Hall 87 RE(1/2) 41834-2 11/17/86 6.00
Curtis M Hall 87 RE(2/2) 41834-2 5/28/87 6.00
Curtis M Hall 87 RE(1/2) 41833-3 11/17/86 50.00
Curtis M Hall 87 RE(2/2) 41833-3 5/28/87 50.00
Curtis M Hall 86 RE(1/2) 39880-0 11/5/85 6.00
Curtis M Hall 86 RE(2/2) 39880-0 6/5/86 6.00
Curtis M Hall 86 RE(1/2) 39879-3 11/8/85 10.00
Curtis M Hall 86 RE(2/2) 39879-3 6/5/86 10.00
Curtis M Hall 85 RE(1/2) 37716-5 12/5/84 6.00
Curtis M Hall 85 RE(2/2) 37716-5 5/9/85 6.00
Curtis M Hall 85 RE(1/2) 37716-5 12/5/84 2.00
Curtis M Hall 85 RE(2/2) 37715-6 6/5/85 2.00
Thomasine Jones 88 RE(2/2) 55036-7 6/5/88 159.35
Total 319.35
This ordinance shall be effective from date of adoption.
The$l@g!S,Abateme.nt(s) totaling Ce
ere approved by
the C ounci I City of yir@.in@a
o"96 s 1988
Beach on the- day of
Jot
Approved as to form:
Ruth Hodges Smith
City Clerk
9i - ttorney
- 32 -
Item IV-G.12
CONSENT AGENDA ITFi'4 # 29971
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $60,980.73 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan