HomeMy WebLinkAboutSEPTEMBER 21, 1987 MINUTES
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281 C17Y HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINRA 23456-9002
[8041427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
21, 1987
ITEM I. C3:P P - oonfererx3e Rocm - 10:30 AM
ITIN ii. SESSION - oonference 12
A. CrrY
ITEM III. INFO@ SESSION - @erence 12:30 PM
A. CRLL TO CRDER - Mayor Rcbert G. Jones
B. CALL CE @IL
C. TO SESSION
ITIM IV. FO@ SESSION - @il 2:00 FM
A. INVOCATICN: Reverend Paul- F. @ard
Knotts Island Baptist Cnurch
B. PLEDGE OF ALLBGIANCE TO TBE FLAG CF TBE UNITED STATES OF PMERICA
C. ELBCTRONIC MEL CAILL CE CITY C@IL
D. ION aF ITEMS FOR THE FO@ AGENDA
E.
1. INFO@ & FO@ SESSIONS - Septffnber 14, 1987
F. P IONS
1. MARCH CP DIMES WEEK - Octc)ber 5-11, 1987
2. SPINA, BIFIDA MONTE[ - Octcber, 1987
G. PUBLIC @
1. PRD@ iN TfiE OPERATim BUDGET FOR Fy 87@:
a. Purcbase Ccnmitments made in FY 1987 that have ridt been
delivered or invoiced $10,228,271.
b. @hool- Textbook Fund $1, 348, 801
c . @@ol Grants Fund - $B, 211, 255
d. @hool Cafeteria Fur)d - $9,708,873
H. PUBLIC
1.
a. Ppplication of Mitchell E. fc)r the discontinu-ance,
closure and abando@t of a portion of Maynard Street
begim@ at the intersection of Maynard and Cleveland Streets
and rlnning in a S:)uth@sterly direction a distance of 180.01
feet along the Northern proper-ty line and 210.29 feet along @
SDuthern rroperty line, containing 6,361 square feet
(I<mpsville Borough) .
Rec ation: FIML AP
b. @ ication of Bayville Farms Associates for the
discontinu,ance, closure and abandoment of a portion of Five
Fcrks PDad located on @, SDuth @e of Shcre Llrive, 517.21
feet Vbst of Baylake Llrive as shovm on the Dlat entitled "MaLp
of Parcels C an-I D, Proper-ty of Bayville Farm, Inc., BeLyside
BDrough, Virginia Beach, Virginia!', and variable in w-idth frcm
30 to 41.26 feet, odntaining 16,945 square feet mcre or less
(Bayside Ebrough) .
ReccFrmendation: FINAL APP@
c. Ppplication of @ Martin for a Cbnditional Use Permit ibr a
hcme occupation (dir@t mail busimss) on Iot 77, Section 3,
TAblfsnare Plantation (2304 North TAblfsnare Llrive) , containing
27,800 square feet (Lynnhaven @ugh).
Rec@ndation: AP@
d. Ppplication o@- Michael S. Malbcn for a odnditional Use Permit
for a day care center located on the a)uch side of Culver Lane,
345.34 feet @st of Ashuare Drive, containing 1 acre (Princess
BoroLigh) .
ation:
e. Tpplication of Wayne Beagle for a Change of 7onirig frcm R-6
@si.denti@ District to A-2 ApartTkent District located on @e
@st side of PleasLice Fouse lbad, 75 feet SDuth of Machen
Avenue, containing 1.38 acres (Bayside BDrough).
Recannen-lation: APP
f. Ppplication of Virginia Plan Administrators, Inc. for a Change
of Zoning frcm A-1 Apartnent District to 0-1 Office Dis-trict
located at the Southeast and Northeast OC)rners of CbnStitUtiOn
Drive and Hinsdale &reet, containing 31,872.85 square feet
(Bayside Borough).
Rec ation: APPROVAL
g. Pp@ication of Mugaret A. James R. & ite D.
for a Chamje of Zonla fron AG-2 Aqricultural District
to B-2 CciTmunity-Business District on the South side of Shipps
oc)rner Fbad, 440 feet more or less East of Holland lbad on LDts
8 and 11, Saipps Bridge, containing 8.4 acres (Princess Anne
Borough).
Pec ation:
h. ALternatives fx)r the ultirnate transportation plan of the Indian
River @, FlerreU Par@y and Indian lakes Boulevard
corridor:
Fiver IV CIP 2-065, Ferrell Par@y IC
CIP 2-063)
Alternative 1: FoLx Imes divided on Indian Faver lbad
Ebur lanes divided on Irdian Lakes Boulevard
SLx lanes divided on Etrrell Par@y
Al.terriative 2: @ lams on Irdian River lbad
six lanes on divided on L-idian @kes 13oulevard
Eight lanes divided on Ferrell Par@y
Alternative 4: 'Ihree lanes on Indian @ver lbad
Six lanes divided on Indian Lakes Ebulevard
Seven Imes divided on Ebrrell Parkvay
@erxiation: APP OF ALTEMA@ 4
i. Ppplication of the City of Virginia @ach to AMEM the
Street and Hi@ Plan regard@ @ Genera]L Corridcr Cbnoept
Plan Map El@t:
1. Chaige Indian @ver PDad fran a 4-lane divided highvay %ith
bikevay major arterial to 4-lane urdivided major collector.
This item %as DEFERRED on higust 10, 1987.
Reccmue@ation of City Staff: DEFEPPAL
rec ation of Plwming ssion:
I. CRD
1. Crdinance upon EMING to adopt the FY 1987-88/FY 1991-92
Capital Progrm and to amept and appropriate
$107,077,790 for the EY 1987-88 Capital Budget stbject to f@s
being prcyided frcinvarious sdurces.
2. Crdinance upon FOODE authorizing the issuance of Vater
@ System Revemie of @ Cityof Virginia Beach, Virg2.nia,
in the maximun anount of $5,500,000.
3. Crdinance upon SECCND READIN3 authorizing the issuance of General.
Cbl.igati,an of @ City of Virginia Beach, Viiginia, in the
maximm anomt of $24,BDO,000 for various pblic faci-lities md
general imprcwements.
4. Crdinance uuon FIRST @IM to accept &id aprrorriate $10,228,271
for FY 88 for the payaent of purchase o@s brought forward frcrn
Fy 87.
5. Crdinances upon FIRST @IW. to accept and appror-riate a total of
$19,268,929 fcr FY 87@ Board Grarits and Enterprise Funds:
a. @xtbook Ibntal @ @dget - $1,348,801
b. @hool Prograns furded by @ial CategcricaLl Grants -
$8, 211, 255
c. School @feteria Ehterprisa @ Budget - $9,708,873
6. Ordinarr-e to AMEND and @IN SeLtion 5-9 of @ Code of the City
of Virginia lbach, Virginia, pertaining tc) vicious animals.
7. Ordinarr-e to AMEND and REORDAIN n 37-47 of the Oode of the
City of Virginia Beach, Virginia, @taining to vater rates.
J. RESCELlTIOLiS
1. RESOLLJTION - INDEJSRRIAL BOND
PesoILTtion apprcking the issuance of Industrial Develo@t @enue
Bond:
Ocean @ch @tel ODrroration $4,500,000
2. lbsolution by the Cbuncil of the City of Virginia Beach expressing
its avareness of md adricern for the AIDS z)rcblem and its suppc)rt
for the fo@tion of a Reg AIDS Task Fbroe.
3. Pesolution authori7-ing md directing the City Manager to execute a
prirne lease, lease agre@t and trust agre@t in cx)nnection with
the financing of @sition of property surro@ing the municipal
Center Ccmplex.
K. CONSENT AGENDA
All mtters listed unaer the Cbnsent @enda are considered ixi the
ordixiary course of business by City ODurr-il and will be enacted by om
in the fonn listed. If an item is remcved frcm the odnsent
Agenda, it will be discussed and voted upc)n separately.
1. Crdinence upon READING to accept md appropriate $20,694 in
State Grants into @ FY 87-88 Budget of the Library
Depart-ent.
2. Crdinance to authorize a ternpc)rary into a portion of
the right-of@y of the City's property known as the waters of
Broad Bay Man Made Canals, alsc) @wn as Tr@e , to oliver
and Myra Farinholt, their heirs, assigns @ suocessors in title.
3. Crdin&ice appointing vi@s in the petition of Sigriet ises,
Ltd. for the closure of a portion of Tane, (KEmpsville
BC)rough) .
4. ordinances appointing viewers in the petition of City
Associates f-or the closures, (Bayside Borough):
a. @rtion of Street
b. portion of Jersey Avenue
5. Crdinance appointing viewers in the petition of Sol W. Cbben for
the closure of a portion of Croatan @, (Lynnhaven Borough).
6. Ordinance aluthorizing tax refunds in the anomt of $7,020.61.
7. Ordinarr-e authcrizing license refunds in tbe anomt of $3,332.28.
B. PAFFLE PERUT:
Cape Henry @an's Club
L. UNFINISEIED BUSINESS
1. @tension of AcireEment of Sale of Purchase of Ooeanfroat Park Site
- 24th Street until DecErrber 31, 1987.
M. NEW BUSINESS
1. CONCEM
@ererid George T. Stallings, 9h.D
P,everend Ihnny Hampton
(Spc)nscred by @yc)r Pcbert G. Jones)
2. MMTER MR THE
Nb. Mary 'Ihurston - @thers, Irr-.
(Sponsored by (bmcil@ Albert %Iko)
N. ADJ
VIRG@ BEAM CITY COUWIL
ALL SESSIONS
SCHEDULED FOR
SEPTEMBER 28.- 1987
HA,VE BEEN CANCELLED
Item III-E.1
MINUTES ITE@L # 28099
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
AMENDED the MINUTES of the INFORMAL & FORMAL SESSIONS of September 21, 10,87.
Page 26, ITEM # 28053
ORDINANCE UPON APPLICATION OF MARGARET A. DRUMMOND,
JAMES R. & 14ARGUERITE D. JOHNSON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Z09871182
6. There shall be one major curb cut as exists for the
shopping center on Holland Road (for ingress only),
@i-will correspoiad @o t',-le mai@-, entra-,Ice ol- @@he
@@cd -apart@-,ent--prGj-eet-i and only two other curb
cuts will be allowed on Shipps Corner Road, one of
which will correspond to the main entrance of the
proposed apartment project across Ships Corner
Road.
7. Impervious parking surface for shopping center
shall be maintained. Landscaping shall be
generously distributed throughout the parking lot
to protect view of cars and from sun. This shall
not be as shown on plan but as discussed in City
Council Meeting of September 21, 1987, to be
included in the center dividers for each parking
area.
14. Recordation of a deed restriction committing the
developer to the site plan titled "Shipps Corner
Market-Concept Plan", as amended, drawn by Talbot
and Associates, as Project 871224 dated June 25,
1987, and revised June 30, 1987. Except said deed
restriction shall also encompass the amended
conditions stated above and shall be filed within
ten (10) days which shall take precedent over
Market-Concept Plan.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Mayor Robert G. Jones, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 -
CITY 14ANAGERIS BRIEFING
INDIAN RIVER ROAD
MASTER STREET AND HIGHWAY PLAN
ITEM # 28584
The City t@lanager introduced City Engineer Donald Trueblood, who presented
information relative the three (3) ALTERNATIVES for the ultimate
transportation plan of Indian River Road, Ferrell Parkway and Indian Lakes
Boulevard Corridor.
On Septembei, 21, 1987, @'he aforementioned three (3) Alternatives were presented
to City Council (Indian River Road Phase IV CIP 2-065, Ferrell Parkway Phase IC
CIP 2-063). Two of those alternatives (Alternatives 1 and 2) involved four (4)
lanes divided on Indian River Road. Alternative 3 had been dropped previously.
Alternative 4 involved a three-lane section of Indian River Road. After
considerable discussion at the INFORMAL SESSION, it was the CONSENSUS of the
City Council to have four (4) lanes undivided on lndiaii River Road between
Ferrell Parkway and Indian Lakes Boulevard and four (4) lanes divided at Indian
River Road I-rom Indian Lakes Boulevard on easterly to Lynnhaven Parkway with
the next section there right-of-way for an ultimate six (6) lane.
In thc, FORMAL SESSION, the City Manager articulated the MOTION in which he
attempted to relate the INFORMAL SESSION discussion. Shortly thereafter, the
Mayor requested a MOTION and Vice Mayor Oberndorf stated so MOVED.
Therefore, the MINUTES of Septe,@nber 21, 1987 should be CORRECTED. The City's
Consultant has be--n directed to design Indian R'@ver Road Phase IV CIP 2-065,
Ferrell Parlcway Phase IC CIP 2-063 exactly as reiterated by City Engineer
Trueblood.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 21, 1987
The FY 1987-87/FY 1991-92 CAPITAL IMPROVEMENT PROGRAM WORKSHOP was called to
order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on
Monday, September 21, 1987, at 10:30 A.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
Vice Mayor Meyera E. Oberndorf ENTERED: 11:10 A.M.
John L. Perry ENTERED: 11:50 A.M.
John A. Baum ENTERED: 12:18 P.M.
Harold Heischober ENTERED: 12:18 P.M.
- 2 -
ITEM # 28020
The COUNCIL CONCERNS SESSION of the VIRGINIA BFACH CITY COUNCIL was called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, September 21, 1987, at 12:00 NOON.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Absent:
John A. Baum and Harold Heischober
- 3 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28021
Mayor Jones referenced the NEPTUNE PRAYER BREAKFAST on September 22, 1987, and
requested all who wished to attend please inform the City Clerk.
ITEM # 28022
Mayor Jones advised the dates of Congressman Pickett's Breakfast have not met
with sufficient consensus to schedule same. Congressman Pickett's office has
proposed other possible dates: Friday, October 9, 1987; Monday, October 12,
1987; and, Friday, October 16, 1987.
BY CONSENSUS, City Council TENTATIVELY agreed to Friday, October 16, 1987, to
be held at the PAVILION TOWER at 7:30 A.M.
ITEM # 28023
Mayor Robert Jones advised, in an attempt to abbreviate the Council Meetings,
during COUNCIL CONCERNS he will request whether any Member of Council wishes to
pull an Item on the Consent Agenda, or inquire relative a Planning Item, so
City Staff may respond to City Council's questions prior to Formal Session.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28024
Councilman Balko referenced an Ordinance upon FIRST READING to accept and
appropriate $10,228,271 for FY 188 for the payment of purchase orders brought
forward from FY 187. (See IV-I-4 of Ordinances). Councilman Balko inquired
relative the Item of $1,130,070.17 Vendor: (Unknown) Contract Memo, listed on
the SUMKARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR accompanying the
agenda request. The City Manager will advise Councilman Balko concerning same.
The City Manager advised the $175,188.00 for Thomas H. Muehlenbeck listed on
the SUM14ARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR was for the
balance of his contract.
The City 14anager advised Councilwoman McClanan he will respond to the reasons
for listing so many factors as Unknown on the SUMMARY OF OUTSTANDING PURCHASE
ORDERS BY FUND AND VENDOR.
ITEM # 28025
Vice Mayor Oberndorf and Councilwoman Henley advised they had attended the
VIRGINIA TRANSPORTATION CONFERENCE at Virginia Military Institute previously.
ITEM # 28026
Councilman Moss advised he had spoken to Garland Isdell, Chairman of the Board
of Zoning Appeals, relative concerns which should be addressed as City Council
is examining the COMPREHFNSIVE ZONING ORDINANCE. The Board of Zoning Appeals is
concerned relative the setbacks existing at the Ranch Hotel which are five-
foot. The Board of Zoning Appeals is receiving requests for variances from the
five-foot setback. If they maintain them, it only leaves a ten-foot alley,
five-foot on each side at the Ocean front area, which even the fire trucks
cannot get through. Mr. Isdell believes that the City should make it ten-foot
on either side, do away with the requirement altogether, or devise another
plan for these alleyways.
The City Manager advised the reason for appealing to the Board of Zoning
Appeals was also to fully enforce the Landscaping Ordinance which was going to
require reduction of some of the parking spaces.
Councilman Fentress further referenced this Thirty-fifth Street variance. In
the parking Ordinance, landscaping the Oceanfront had never been addressed.
There is a large green belt there that should be utilized. The other concern
was relative the zero lot line to the north, they did not have any idea what
would happen to the future property.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28027
Councilman Moss advised the City Council shall receive fairly soon from the
Planning Commission, the five volumes dealing with this COMPREHENSIVE LAND USE
PLAN for perusal. Councilman Moss advised as to the time and effort it may be
beneficial to receive another prospective. If this CZO were ADOPTED what type
of City would exist in the future by adhering to the guidelines of said ADOPTED
plan. Councilman Moss believed there might be merit in receiving outside
technical assistance and an outside prospective.
Councilman Moss advised there are architectural firms and even Universities who
perform this type of survey.
Councilwoman Henley advised the Planning Commission developed this
COMPREHENSIVE ZONING ORDINANCE with the assistance of small committees and
then spent many months just reconciling the CZO. Councilwoman Henley expressed
concern relative decisions being reached shortly, particularly regarding
Watersheds/Management areas. At the same time, however, City Council cannot
afford to adopt same if they are not comfortable with the finished product.
The City Manager had contacted the firm that is performing consultant services
for Chesapeake and their concern was relative the Land Use around the military
facilities. The City Manager advised he was in a position to arrange a meeting
with this firm next week and could also broach the subject regarding the cost
for a second opinion concerning the CZO.
Councilwoman Henley advised Dr. Buchanan through his work with VIRGINIA BF.ACH
TOMORROW was very much impressed with this firm.
ITEM # 28028
Councilman Moss and Councilman Fentress had been meeting with Economic
Development and will be briefing City Council in October, or perhaps later.
ITEM # 28029
Councilwoman Henley advised a representative group would be leaving for the
VIRGINIA MUNICIPAL LFAGUE from the Municipal Center before 5:00 A.M., Saturday
Morning September 26, 1987, and invited members of the Press, if they wish to
accompany them. Saturday is the NATIONAL LFAGUE SEMINAR of the Council/Manager
form of Government. During the session, there will be many Seminars with the
final Legislative Package adopted. A very important part of same will be the
election of the people serving in various capacities for the Virginia
Municipal League for next year. As some of the localities have ADOPTED
Resolutions supporting individuals in their localities, Councilwoman Henley
requested the support of the re-election of Vice Mayor Oberndorf as Chairman of
the Urban Section of the VIRGINIA MUNICIPAL LFAGUE. Mayor Jones requested
support of Mayor Leafe for the EXECUTIVE COMMITTEE and Mayor Hartz of Waverly
for Fourth Vice President of VIRGINIA MUNICIPAL LFAGUE. Mayor Hartz had
indicated considerable concurrence of this City's views toward water.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N 8
ITF14 # 28030
Councilman Fentress referenced open spaces and believes the City has an
abundance of little parcels not being used, which no one wishes to have as a
Park. The authority to waive open space requirements is not being utilized.
Councilman Fentress believed it inappropriate for the City to take a dedication
from the site for fifteen (15%) per cent when it is less than 5,000 square feet
and to use same just for a place that grows up with weeds. A minimum size site
should be determined. The Ordinance states the Director of Planning may waive
the open space requirements and Councilman Fentress did not believe this to
have occurred.
Relative Councilman Fentress's concerns, a joint summary relative same between
the City Attorney and City Manager's staff regarding the actual law and
practice concerning these small parcels shall be presented to City Council.
ITEM # 28031
Councilman Perry expressed concern relative Ordinances upon FIRST READING to
accept and appropriate a total of $19,268,929 for YY 187-88 School Board Grants
and Enterprise Funds: a. Textbook Rental Fund Budget - $1,348,801, b. School
Programs funded by Special Categorical Grants - $8,211,255, C. School
Cafeteria Enterprise Fund Budget - $9,708,873. (See Ttem IV-I-5- Ordinances).
Councilman Perry inquired as to "Tnterest on Deposit $23,500". Councilman Perry
referenced the School Textbook Fund in the amount of $1,343,801. Councilman
Perry has a grandson in Junior High and three of his books the pages are
missing. Councilman Perry's grandson referenced one of the books only cost
$12.00, but his grandson rented same for $6.00 and same had previously been
rented six (6) different times. Tf this surplus is available, why cannot they
buy books to insure decent books. Councilman Perry requested someone
investigate book rentals. Councilman Perry also expressed concern relative
School Meals. The interest on Deposit from tlle Meal Fund is $120,000.
Miscellaneous Revenues is $1,144,735. Councilman Perry requested this
"Miscellaneous" be itemized.
ITEM # 28032
Councilman Perry further referenced the building of a 16-foot wide house - 35
feet long on a lot that is 30 x 120 and has no windows on one side on Lynnhaven
Boulevard. This building did receive permits from Permits and Inspections. The
City Manager will advise.
ITEM # 28033
Councilman Perry also expressed concern relative the Department of Permits and
Inspections and its administration of the law. Councilman Perry advised there
should be some place within the law that if only a two-foot variance is needed,
it can be automatically approved by Permits and Inspections rather than liaving
to go before the Board of Zoning Appeals.
A house over 5-years old should be inspected if renovations are to be allowed
on same.
- 7 -
CON C E R N S OF T HE VI C E MAYOR
ITEM # 28034
Vice Mayor Oberndorf referenced her attendance at the Steering Committee on
Energy, Environment and Natural Resources for the NATIONAL LFAGUE OF CITIES in
California. Congressman James J. Florio of New Jersey has most horrendous
problems with the disposal of garbage. The Congressman is encouraging
legislation through Congress dealing with the incineration of garbage which
would also apply to "waste-to-steam" plants. The concern was relative the ash
from the "waste-to-steam" plants. They want to be assured wherever the ash is
deposited, appropriate procedures are taken and it does not leach into the
groundwater, et cetera. Burning newspapers is the greatest cause of the
hazardous waste problem. The ink in newspapers emulates lead and cadmium.
Perhaps, the newspapers might be willing to eliminate the hazardous products
from their inks. Rhode Island is going to garbage separation and doing away
with the automated trucks. A certain amount of garbage is needed in the
"waste-to-steam" plant to even generate the power that is necessary. This will
be Federal Law, but close contact will be maintained with the localities and
any suggestions relative the improvement of this law will be beneficial. Vice
Mayor Oberndorf advised she had briefed Congressman Owen Pickett on the
proposed Bills and made copies of the aforementioned. for his utilization. This
is an alert as to how same may possibly impact the Southeastern Public Service
Authority and the City of Virginia Beach.
ITEM # 28035
EXXON agreed to allow the NLC delegates to tour the off-shore drilling
facilities for oil. The representative from Exxon advised they still own the
oil rights off the coast of Virginia Beach and the Eastern Shore. The gentleman
advised these will be utilized but no definite time had been established. There
have been no major spills and they have done an abundance of land use. EXXON
has purchased 600 acres of land in the canyon. Any refining of the oil will be
far removed from the Coast.
ITEM # 28036
The NATIONAL LEAGUE OF CITIES found that in California, because of the
congestion on the freeways, the Governor is suggesting they become toll roads
to enable individuals to utilize the other roads. The restrooms in California
are all metered.
- 8 -
ITEM # 28037
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
September 21, 1987,at 1:40 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 9 -
ITEM # 28038
Mayor Robert G. Jones 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, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD 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 affect 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.
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 21, 1987
2:00 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, September
21, 1987, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Paul F. Menard
Knotts Island Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 11 -
APPROVAL OF ITEMS FOR THE FOR14AL AGENDA
Item TV-D.1 ITEM # 28039
Councilwoman Henley requested an ADD-ON Resolution urging support of Vice Mayor
Meyera E. Oberndorf for re-election to the Chairman of the Urban Section of the
VIRGINIA MUNICIPAL LFAGUE.
This item will be ADDED-ON as the fourth item under RESOLUTIONS.
Item IV-D.2 ITEM # 28040
The City Clerk referenced an Ordinance appointing viewers in the petition of
Signet Enterprises, Ltd. for the closure of a portion of THOMPKINS LANE.
(Kempsville Borough). (See Item IV-K-3 of the CONSENT AGENDA).
This item has a speaker registered in OPPOSITION
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITE14S FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
- 12 -
Item IV-E.1
MIN[JTES ITEM # 28041
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
AMENDED the MINUTES of the INFORMAL & FORMAL SESSIONS of September 14, 1987-
Page 38, ITEM # 27990
ORDINANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND
POWER COMPANY FOR A CONDITIONAL USE PERMIT FOR A
SUBSTATION (PUBLIC UTILITY TRANSFORMER STATION)
R09871080
The following verbiage shall be added to the Second
Condition
2. The transformer station shall be surrounded by a
wall, except for entrances and exits, or by a fence
with a screening hedge five (5) to six (6) feet in
height. Landscaping outside the fence and also
along Landstown Road shall be in accordance wit@
the best professionai landscaping practices. The
Landscaping shall be maintained in the e@s t
possible condition.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Mayor Robert G. Jones, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
Item IV-F.l.
PROCLAMATIONS ITEM # 28042
Mayor Robert G. Jones PROCLAIMED the week of October 5-11, 1987:
MARCH OF DIMES WEEK
This PROCLAMATION acknowledged the efforts of the March of Dimes in helping to
reduce birth defects in children throughout Virginia Beach and the Commonwealth
of Virginia.
PROCLAMATION
WHEREAS the March of Dimes is a non-.profit foundation
established to prevent birth defects; and
WHEREAS each year the Tidewater Chapter of the March of
Dimes solicits funds from the Virginia Beach business community by
asking prominent leaders of the community to donate one hour of
their time at a makeshift jail to solicit contributions in the
form of bail; and
WHEREAS this event annually raises thousands of dollars
used to reduce the threat of birth defects in children in Virginia
Beach and throughout Virginia; and
WHEREAS this year's Jail and Bail event will take place
on October 6 and 7, 1987 at Lynnhaven Mall.
NOW, THEREFORE, the City of Virginia Beach wishes to
acknowledge the efforts of the March of Dimes in helping to reduce
birth defects in children throughout Virginia Beach and the
Commonwealth of Virginia, and further declares the week of
October 5, 1987 to be March of Dimes Week in the City of Virginia
Beach.
Robert G. Jones, Mayor
- 14 -
Item IV-F.2.
PROCLAMATION TTEM # 28043
Mayor Robert G. Jones PROCLAIMED the month of October, 1987:
SPINA BIFIDA MONTH
This PROCLAMATION recognized Spina Bifida as a defect in the spinal column in
which the spine fails to close properly during prenatal development and occurs
more frequently than Muscular Dystrophy, Multiple Sclerosis, Polio or Cystic
Fibrosis combined. This PROCLAMATION urged the citizens to support the efforts
of the SPINA BIFIDA ASSOCIATION OF AMMICA in its battle against this crippling
disease.
WHEREAS, Spina Bifida is the number one disabler of newborns; and
WHEREAS, Spina Bifida is a defect in the spinal column in which
the spine fails to close properly during prenatal development; and
WHEREAS, Spina Bifida occurs more frequently than Muscular
Dystrophy, Multiple Sclerosis, Polio, or Cystic Fibrosis combined; and
WHEREAS, every hour . . . 24 hours a day . . . somewhere in the
United States . . . a child is born with Spina Bifida; and
WHEREAS, 30 years ago 80 percent of the children born with Spina
Bifida died; today, through aggressive, modern medical intervention, 90
percent survive to live full lives; and
WHEREAS, the Spina Bifida Association of Ainerica is the sole
organization dedicated to representing those with Spina Bifida, their
families and friends; and
WHEREAS, the Spina Bifida Association of Arnerica is actively
engaged in funding research on the medical causes and treatment of
Spina Bifida; and
WHEREAS, those born with Spina Bifida or other handicaps are
entitled to the same opportunities available to other citizens of the
United States.
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia
Beach, do hereby proclaim the month of October, 1987 as
SPINA BIFIDA MONTH
in Virginia Beach and urge citizens to support the efforts of the Spina
Bifida Association of America in its battle against this crippling
disease.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the City of Virginia Beach, Virginia, to be affixed this
twenty-first day of September, nineteen hundred and eighty-seven.
ol Robert G. Jones
Mayor
1 5
Item IV-F.3.
PROCLA14ATIONS ITEM #28044
The City Clerk reiterated the PROCLAMATIONS issued by Mayor Robert G. Jones
during the month of September 1987 which were not listed on the City Council's
AGENDA:
PTA MEMBERSHIP MONTH September 1987
NATIONAL SICKLE CELL ANEMIA MONTH September 1987
CERTIFIED PUBLIC ACCOUNTANTS WEEK September 20-26 1987
FLEET RESERVE ASSOCIATION WEEK September 21-26, 1987
LADIES AUXILIARY FLEET RESERVE September 21-26, 1987
ASSOCIATION WEEK
- 16 -
Item IV-G.1
PUBLIC HEARING ITEM # 28045
Mayor Robert G. Jones DECLARED a PUBLIC HEARING:
PROPOSED INCRFASES IN THE OPERATING BUDGET FOR FY 187-188:
a. Purchase Commitments made in FY 1987 that have not
been delivered or invoiced - $10,228,271.
b. School Textbook Fund $1,348,801
c. School Grants Fund - $8,211,255
d. School Cafeteria Fund $9,708,873
There being no speakers, the Mayor CLOSED THE PUBLIC HF.ARING.
.THE BEACON SEPREMBER 8/9, 1987 9
PUBLIC NOTICE
CITY OF VIRGINIA BEACH, VIRGINIA
PROPOSED BUDGETARY INCREASES
FOR THE 1987-1988 FISCAL YEAR
Pursuant to Chapter 2, SeGtion 2-187.1 of the City Code, a public hearing will be held by the City
Council in Council Chambers in the City Hall Building on Monday, September 21, 1987, at 2:00
p.m., to discuss proposed increases in the Operating Budget for FY 1987-88 as follows:
1. To carry forward funds from FY 1987 to FY 1988 to provide for purchase commitments made
in FY 1987 that have not been delivered or invoiced. Purchases will be charged to the follow-
ing funds and financed from the fund balan.ces of the respective funds:
General 5,927,296 Print Shop - 35,543
School Operating 2,765,558 Pendieton Child ServicE! Center 19,937
Water and Sew6r 982,535 Golf Courses 119,251
City Garage 111,007 Tidewater Virginia ASAFI 6,217
Telecommunications 42,513 Law Libr@ 810
Risk Management 4,074 Automated Fingerprint ID 14,767
E911 Communications System 198,610 Marine Science Museum Gift Shop 153
TOTAL PURCHASE COMMITMENTS -10,228,271
2. To appropriate the FY 1987-88 budget for the School Te>ctbook Fund in the amount of
11,348,801,Theappropriationwill befinancedfromthefollowt'ngsources:
Book Rentals '1,098,500
Book Purchases 181,200
Interest on Deposft 23,500
Retained Earnings 45,601
TOTALTEXTBOOK RENTAL FUND 11,348,801
3. To appropriate the FY 1987-88 budget for the School Grants Fund in the amount of
18,211,255 for instructional activities to supplement regular programs. The appropriations will
be financed from the following sources:
Revenue from the Commonwealth -311,000
Revenue from the Federal Government 7,900,255
TOTAL SCHOOL CATEGORICAL GRANTS FUND - 8,211,255
4. To appropriate the FY 1987-88 budget for the School Cafeteria Fund in the amount of
19,708,873. The appropriations will be financed ftom the following sources:
Meal Sales - 5,971,824
Revenue from the Commonwealth 368,191
Revenue from the Federal Government 2,104,123
Interest on Deposits - 120,000
Miscellaneous Revenues 1,144,735
TOTAL SCHOOL CAFETERIA ENTERPRISE FUND 9,708,873
Individuals desiring to provide oral or written comments may do so by contacting the City
Clerk's Office at 427-4303 or by registe(ing in the Clerk's Office on the second floor of the City
Hall Building before the hearing begins.
-Ruth Hodges-Smith, CMC, City Clerk --
I ... I @." . . ;....... "@ I @. "@
- 17 -
Item IV-H.l.
PUBLIC HEARING
PLANNING ITEM # 28046
PLANNING
a. MITCHELL E. DUNBAR STREET CLOSURE
b. BAYVILLE FARMS ASSOCIATES STREET CLOSURE
c. HENRY MARTIN CONDITIONAL USE PERMIT
d. MICHAEL S. MALBON CONDITIONAL USE PERMIT
e. WAYNE BF.AGLE CHANGE OF ZONING
f. VIRGINIA PLAN ADMINISTRATORS, INC. CHANGE OF ZONING
g. MARGARET A. DRUMMOND, JAMES R. & MARGUERITE CHANGE OF ZONING
JOHNSON
h. ALTERNATIVES INDIAN RIVER ROAD, FERRELL PARKWAY INDIAN RIVER ROAD PHASE IV
AND INDIAN LAKES BOULKVARD CORRIDOR AND PERRELL PARKWAY PIIASE
ic
i. MASTER STREET AND HIGHWAY PLAN AMaPiDi@T/Indian River Road
- 18 -
Item IV-H.l.a.
PUBLIC HEARING
PLANNING ITEM # 28047
Samuel Kroll, Clark & Stant, P.C., Sovran Building, One Columbus Center, Phone:
499-8800, represented the applicant
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
AUTHORIZED FINAL APPROVAL for the discontinuance, closure and abandonment of a
portion of Maynard Street in the application of MITCHELL E. DUNBAR.
Application of Mitchell E. Dunbar for the
discontinuance, closure and abandonment of a
portion of Maynard Street beginning at the
intersection of Maynard Street and Cleveland Street
and running in a southwesterly direction a distance
of 180.01 feet along the northern property line and
210.29 feet along the southern property line. Said
parcel contains 6,361 square feet. K34PSVILLE
BOROUGH.
The following condition will be adhered to:
In the event the City needs thirty feet (30') of
their property on the northeast end for road
expansion, same will be deeded back to the City;
however, this need must be evidenced within five
(5) years of the date of FINAL APPROVAL.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
18a
ORDINANCE NO.
VACATING, AND
IN THE MATTER OF CLOSING
DISCONTINUING A PORTION OF THAT CERTAIN STREET
OF VARIABLE WIDTH KNOWN AS MAYNARD AVENUE,
LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION
OF MAYNARD AVENUE TO BE CLOSED, BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT
IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that proper notice
has been given by Mitchell L. Dunbar and Linda S. Dunbar, that
they would make application to the Council of the City of Virgin-
ia Beach, virginia, on November 5, 1984 to have the hereinafter
described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacatecl;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be discon-
tinued, closed and vacated:
Beginning at a point on the North right-of-way
of Maynard Avenue at the dividing line between
lots 10 and 11 "Plat of Euclid Place - Suburb
of Norfolk, Virginia", recorded in the Clerk's
Office of the Circuit Court of the City of
Virginia Beach, in Map Book 4, at pages 62 and
6 3 ;thence running along the North line of
Maynard Avenue North 75' 24' 28" East a
k STAN I. P.C. distance of 189.01 feet to a point; and thence
running south 31@ 39' 54" East a distance of
18b -
31.38 feet; and thence South on Maynard Avenue
South 751 241 28" West a distance of 210.29
feet; and thence North 7@ 19' 711 East a dis-
tance of 32.34 feet to the point of beginning.
said parcel of land being a portion of Maynard Avenue as
indicated on that certain plat of property to be vacated along
existing riaynard Avenue for tiitchell L. Dunbar and Linda S. Dun-
bar, which plat is recorded in the Clerk s office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book
at Page and which is made a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in the
office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
This Ordinance shall be effective sixty (60) days fro.
the date of its adoption.
gs.a
on.mld.c
FINAL APROVAL: September 21, 1987
%RK SFAN'I', P.C.
2
- 19 -
Item IV-H.l.b.
PUBLIC HEARING
PLANNING ITEM # 28048
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of BAYVILLE
FARMS ASSOCIATES for the discontinuance, closure and abandonment of a portion
of Five Forks Road.
Application of Bayville Farms Associates for the
discontinuance, closure and abandonment of a
portion of Five Forks Road located on the South
side of Shore Drive, 517.21 feet west of Baylake
Drive as shown on the plat entitled "Map of Parcels
0 & D, Property of Bayville Farms, Inc., Bayside
Borough, Virginia Beach, Virginia." Said parcel is
variable in width from 30 feet to 41.26 feet and
contains 16,945 square feet more or less. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Condition No. 3: The ultimate disposition of this
right-of-way shall be by purchase rather than
direct conveyance, subject to determination by the
City Attorney's Office.
This Condition has been substituted by the
fulfillment of the following:
The applicant is dedicating a new bicycle and
pedestrian access easement that is equal in size to
the area being closed.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
lga -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATINO AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET KNOWN AS FIVE FORKS ROAD, LC)CATED IN BAYSIDE
BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT
CERTAIN PLAT ENTITLFD "MAP OF PARCELS C AND D, PROPERTY OF
BAYVILI,E FARMS, INC., BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA,"
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by Bayville Farms Associates, a Virginia Limited
Partnership, that it would make application to the Councii of the
City of Virginia Beach, Virginia, on 1 1987, to have the
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it is the judgment o'@ the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT OBTAINED by the Council of the City of virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
Beginning at a point in the southern right-of-way
line of Shore Drive (Virginia Route 60), where the same
is intersected by the eastern right-of-way line of the
street to be vacated hereby (commonly known as Five
Forks Road) which point is S 7413214911 W a distance of
517.21 feet from the intersection of the southern
right-of-way line of Shore Drive and the western
right-of-way line of Baylake Drive, the Point of
Beginning; thence from such Point of Beginning along
the eastern right-of-way line of Five Forks Road, S
27'54'17" W a distance of 579.35 feet to a point;
thence turning and running N 6015910411 W a distance of
30.01 feet to a point in the western right@-of-way line
of 'Five Forks Road; thence along said western
right-of-way line of Five Forks Road N 27*54'171' E a
distance of 550.44 feet to a point located in the
southern right-of-way line of Shore Drive; thence along
said southern right-of-way line of ShorE@ Drive N
74@32'49" E a distance of 41.26 feet to a point in the
eastern right-of-way line of Five Forks Road, the Point
of Beginning. (Portion to be vacated is @iesignated as
0.389 acres of Five Forks Road.)
All as more particularly shown on that certain
plat entitled "Map of Parcels C & D, Property of
Bayville Farms, Inc.", Bayside Borough, December 1,
1986, prepared by Baldwin & Gregg, Engineers,
Surveyors, Planners.
- 19b -
Said parcel of land being a portion of Five Forks Road
as indicated on the attached plat.
SECTION II
A certified copy of this Ordinance shall be filed
in the Clerk's office of the Circuit Court of the City
of Virginia Beach, indexed in the name of the City of
Virginia Beach, as grantor.
FINAL APPROVAL: September 21, 1987
2
- 20 -
Item IV-H.I.c.
PUBLIC HEARING
PLANNING ITEM # 28049
Henry Martin, T/A Tidewater Presort Bureau, 2304 North Wolfsnare Drive, Phone:
481-4489, the applicant, represented himself and requested DEFERRAL to move
his present operation out of his home.
The City Clerk referenced letter of September 11, 1987 from Henry Martin
requesting DEFERRAL
Ron Makela, 2225 Wake Forest Street, Phone: 481-3183, registered in OPPOSITION,
but was not in OPPOSITION to the DEFERRAL.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council DEFERRED for sixty (60) days until the City Council Meeting of November
23, 1987, an Ordinance upon application of HENRY MARTIN for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF HENRY MARTIN FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(DIRECT MAIL BUSINESS)
Ordinance upon application of Henry Martin for a
Conditional Use Permit for a home occupation
(direct mail businesst on Lot 77, Section 3,
Wolfsnare Plantation. Said parcel is located at
2304 North Wolfsnare Drive and contains 27,800
square feet. LYNNHAVEN BOROUGH
The applicant shall not continue the activities of a direct mail business
within his home until this application has been heard by City Council on
November 23, 1987.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item IV-H.l.d.
PUBLIC HEARING
PLANNING ITEM # 28050
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Sandra Tainter, 2140 Kenwood Drive, represented the Courthouse Sandbridge Civic
Coalition, and requested this area remain residential development
A MOTION was made by Councilwoman McClanan, seconded by Councilman Moss, to
DENY an Ordinance upon application of Michael S. Malbon for a Conditional Use
Permit for a day care center located on the South side of Culver Lane, 345-34
feet East of Ashmore Drive, containing 1 acre (Princess Anne Borough).
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman
Perry, to ADOPT an Ordinance upon application of Michael S. Malbon for a
Conditional Use Permit for a day care center located on the South side of
Culver Lane, 345-34 feet East of Ashmore Drive, containing 1 acre (Princess
Anne Borough). Councilman Heischober initially requested the Conditional Use
Permit be for a period of one-year, but WITHDREW this Condition.
Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober
Mayor Robert G. Jones and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
None
- 22 -
Item IV-H.l.d.
PUBLIC HEARING
PLANNING ITEM # 28050 (Continued)
Councilman Perry had requested a DEFERRAL of this application to permit precise
information concerning enrollment and a plan illustrating the building. Said
MOTION was not in order according to the City Attorney.
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of MICHAEL S. MALBON for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MICHAEL S. MALBON FOR
A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER
Ordinance upon application of Michael S. Malbon for
a Conditional Use Permit for a day care center on
certain property loca e@d on the south side of
Culver Lane, 345-34 feet east of Ashmore Drive.
Said parcel contains I acre. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones and John L. Perry
Council Members Absent;
None
- 23 -
Item IV-H.l.e.
PUBLIC HFARING
PLANNING ITEM # 28051
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised this project will consist of three-story condominiums
for sale and the only method of ingress and egress would be through Pleasure
House Road.
Wayne Beagle, Contract Purchaser, advised this application would consist of 22
two-bedroom units and comprise 1100 square feet.
Carol Gallagher, 4959 Athens Boulevard, Phone: 460-0262, represented the
Chesapeake Beach residents and spoke in OPPOSITION presenting a petition
containing 115 signatures. (Said petition is herby made a part of the record).
Upon motion by Councilman Perry, seconded by Councilman Moss, City @@ouncil
DENIED an Ordinance upon application of WAYNE BEAGLE for a Change of Zoning
District Classification:
ORDINANCE UPON APPLICATTON OF WAYNE BEAGLE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO A-2
Ordinance upon application of Wayne Beagle for a
Change of Zoning District Classification from R-6
Residential District to A-2 Apartment District on
certain property located on the west side of
Pleasure House Road, 75 feet south of Machen
Avenue. Said parcel contains 1.38 acres. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Robert E. Fentress
Council Members Absent:
None
Councilman Moss referenced his desire for applications of this nature to
address the water consumption and the impacts on the Lake Gaston water source.
- 24 -
Item IV-H.I.f.
PUBLIC HEARING
PLANNING ITEM # 28052
Wayne Wilson, 4452 Corporation Lane, Phone: 4?3-1815, represented the applicant
and advised their company handled medical insurance claims and advised of the
intention of refurbishing the Pembroke Manor Home to its original historical
nature. Under the contract with the Princess Anne Historical Society, the
applicant would be governed by a rehabilitation agreement for consistency in
said rehabilitation.
Judge J. Davis Reed, II, 1930 Lynn Cove Lane, Phone: 42?-4391, President of the
Princess Anne County/Virginia Beach Historical Society, present owner of the
affected property, spoke in support of said application. The Historical
Society has decided to sell the property as it was their intention to restore
Pembroke Manor to its 18th Century condition. Unfortunately, it has not been
financially feasible for them to accomplish this restoration. The applicant
has agreed to preserve the historic integrity of the house. The Historical
Society has granted a deed of easement to the Virginia Historic Landmark
Commission which prohibits any structural changes or improvements or additions
to the property without the approval of the Virginia Historic Landmark
Commission.
Upon motion by Councilman Perry, seconded by Councilwoman Parker, City Council
ADOPTED an Ordinance upon application of VIRGINIA PLAN ADMINISTRATORS, INC.
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF VIRGINIA PLAN
ADMINISTRATORS, INC. FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1 TO 0-1 (PEMBROKE
MANOR) Z09871181
BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Plan
Administrators, Inc., for a Change of Zoning
District Classification from A-1 Apartment District
to 0-1 Office District on certain property located
at the southeast and northeast corners of
Constitution Drive and Hinsdale Street. Said
Parcels contains 31,872-85 square feet. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
1. A deed restriction shall be recorded limiting any
new construction on Parcel P, (or Y as shown on
some documents), to two (2) stories.
2. Prohibition of any structure from being constructed
on Parcel A.
3. City Attorney's review and approval of proffer
being consistent with City Council's deliberation
September 21, 1987.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of September, Nineteen Hundred and Eighty-seven.
- 25 -
Item IV-H.l.f.
PUBLIC HEARING
PLANNING ITEM # 28052 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentresg,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 26 -
Item IV-H.l.g.
PUBLIC HEARING
PLANNING ITEM # 28053
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised of the submission of proffers including no more than one
curb cut shall be installed on Holland Road, for the purpose of ingress only
and no more than 2 curb cuts on Shipps Corner Road. Attorney Cromwell advised
the value of the property is $1.49-MILLION.
Ben Burton, registered Professional Engineer with Talbot and Associates,
explained the site plan and accommodation of drainage and employment of best
management practices. Ben Burton further advised relative the impervious
parking lot.
Sam Scott, proposed develoder, advised the agreements with the Drummond's and
Johnson would have to be @ODIFIED. If there is a requirement that the Shopping
Center not be opened for three years, Mr. Scott must renegotiate.
Attorney W. Edward Hudgins, Jr., 4536 Bonney Road, represented the owner and
advised there has been no finalization of Texaco plans and they have a portion
of the property under long term lease.
Jack Bagley, Professional Engineer with Kimly Horn and Associates, Inc., 5505
Indian River Road, Suite 201, Phone: 523-1439, performed a traffic impact
study of the development and proposed recommendations for additional roadway
improvements which would mitigate those impacts.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of MARGARET A. DRUMMOND, JAMES &
MARGUERITE D. JOHNSON for a Change of Zoning:
ORDINANCE UPON APPLICATION OF MARGARET A. DRUMMOND,
JAMES R. & MARGUERITE D. JOHNSON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Z09871182
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Margaret A. Drummond,
James R. & Marguerite D. Johnson for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Community-Business
District on the south side of Shipps Corner Road,
440 feet more or less east of Holland Road on Lots
8 & 1 1 Shipps Bridge. Said parcel contains 8.4
acres. PRINCESS ANNE BOROUGH.
- 27 -
Item IV-H.l.g.
PUBLIC HEARING
PLANNING ITF14 # 28053 (Continued)
The following conditions shall be required:
1. Acceleration and deceleration lanes to be built by
the developer on Holland Road and Shipps Corner
Road in addition to the existing roads.
2. No activity on the site until the portion of
property related to the application for a Texaco
Gas Station is resolved with City Council.
3. Perimeter landscaping, low type (Category I),
around Shipps Corner and Holland Roads, indicated
on the "Shipps Corner Market-Concept Plan".
Category III Landscaping shall be utilized around
the eastern and northern perimeters (back and
side). As feasible, the back of the shopping
center will be bermed or landscaped to protect the
public's view.
4. The two large trees on the site shall remain, if
possible.
5. Material for the buildings will be as indicated on
the "Shipps Corner Market - Concept Plan",
consisting of brick, tile and stucco and the same
general appearance throughout.
6. There shall be one major curb cut for the shopping
center on Holland Road (for ingress only), which
will correspond to the main entrance of the
proposed apartment project, and only two other curb
cuts will be allowed on Shipps Corner Road.
7. Impervious parking surface for shopping center
shall be maintained. Landscaping shall be
generously distributed throughout the parking lot
to protect view of cars and from sun. This shall
not be as shown on plan but as discussed in City
Council Meeting of September 21, 1987, to be
included in center dividers for parking area.
8. Oil/water separators shall be used.
9. Utilization . of Best Management Practices for
controlling stormwater runoff which are reasonable
applications to the development for this site and
in keeping with recommendations for the proposed
Back Bay/North Landing River Management District.
10. The shopping center will not open until July, 1990.
11. Garbage and trash receptacles shall be placed out
of sight and landscaped with height of planting to
protect public's view.
Prior to the changing of the official zoning maps:
12. A temporary construction easement and a variable
width right-of-way dedication along Shipps Corner
Road, 33 feet from the construction centerline as
per the Shipps Corner Road and Bridge Project plan
on file with the City Engineer's Office.
13. Appropriately sized drainage easement along the
southern boundary line to accommodate upstream
drainage.
- 28 -
Item IV-H.l.g.
PUBLIC HEARING ITF14 # 28053 (Continued)
PLANNING
14. Recordation of a deed restriction committing the
developer to the site plan titled "Shipps Corner
Market-Concept Plan", as amended, drawn by Talbot
and Associates, as Project 871224 dated June 25,
1987, and revised June 30, 1987. Said deed
restriction shall also encompass the amended
conditions stated above and shall be filed within
ten (10) days.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of September, Nineteen Hundred and Eighty-seven.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Councilwoman McClanan requested and the applicant concurred, if necessary,
they would assist in the cost of a traffic light at the shopping center.
- 29 -
Item IV-H.l.h./i.
PUBLIC HEARING
PLANNING ITEM # 28054
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
APPROVED ALTERNATIVE l.a. for the ultimate transportation plan of the Indian
River Road, Ferrell Parkway and Indian Lakes Boulevard Corridor:
(Indian River Road Phase IV CIP 2-065, Ferrell Parkway Phase IC CIP 2-o63)
Four (4) Lanes divided on Indian River
Road.
Six (6) lanes divided on Indian Lakes
Boulevard. (No construction at this time.)
Seven (7) lanes divided on Ferrell
Parkway. (Four lanes to be constructed
now.)
The aforementioned is a combination of
Alternatives 1 and 4.
AND MODIFIED the Application of the City of Virginia Beach to AMEND the Master
Street and Highway Plan regarding the General Corridor Concept Plan Map Element
accordingly.
To permit the eventual improvements on Indian Lakes
Boulevard and the intersection with Ferrell
Parkway, the City shall move ahead with the
intersection of Ferrell Parkway and Indian Lakes
Boulevard for right-of-way acquisition.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
ITEMS IV-H.l.h and IV-H.l.i. were related and therefore voted upon together.
- 29a -
I AN ORDINANCE TO AMEND
2 THE MASTER STREET AND HIGHWAY PLAN
3 DATED DECEMBER 16, 1974
4
5
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That the General Corridor concept Plan Map Element of
10 the Master Street and Highway Plan shall be amended as follows:
11 1. Four (4) lanes on Indian River Road.
12 2. Six (6) lanes of right-of-way on Indian Lakes
13 Boulevard (no construction at this time).
14 3. Seven (7) lanes of right-of-way on Ferrell Parkway.
15 (Four [41 lanes constructed now.)
16 4. To permit the eventual improvements on Indian Lakes
17 Boulevard and the intersection with Ferrell Parkway, the City
18 shall move ahead with the intersection of Ferrell Parkway and
19 Indian Lakes Boulevard for right-of-way acquisition.
20
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, this 21st day of September, 1987.
23
- 30 -
Item IV-I.l.
ORDINANCES ITEM # 28055
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED, UPON SECOND READING, AS AMENDED*
Ordinance to adopt the FY 1987-88/yy 1991-92
Capital Improvement Program and to accept and
appropriate $107,077,790 for the FY 1987-88 Capital
Budget subject to funds being provided from various
sources.
*BUILDING PROJECTS: Project # 3-967 Correction
Center Addition is hereby AMENDED from $ 400,000 to
$2,200,000. TOTAL BUILDING PROJECTS increases from
$5,311,726 to $7,111,726.
PARKS AND RECREATION PROJECTS: Project #4-939
Neighborhood park Acquisition and Development is
hereby AMENDED from $3,150,000 to $1,350,000. TOTAL
PARKS AND RECREATION decreases from $37,985,223 to
$36,185,233.
The following items have been added on the last
page under BUILDING PROJECTS:
TRANSFER TO:
3-967 Correction Genter Addition $ioo,ooo
TRANSFER FROM:
4-933 Virginia Beach Community Center -
Master Plan $ioo,ooo
- 31 -
Item IV-I.1
ORDINANCES ITEM # 28055 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober," Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Councilman Harold Heischober VERBALLY ABSTAINED on
Project #2-007 CONSTITUTION DRIVE AND AYE ON ALL
OTHER PROJECTS.
Council Members Absent:
None
- 31a -
AN ORDINANCE TO ADOPT THE As Revised in Council
FY 1987-88/yy 1991-92 CAPITAL Workshop 09-21-87
IMPROVEMENT PROGRAM AND TO
APPROPRIATE $107,077,790 FOR
THE FY 1987-88 GAPITAL BUDGET
SUBJECT TO FUNDS BEIM PROVIDED
FROM VARIOUS SOURCES SET FORTH HEREIN
WHEREAS, the City Manager, on August 24, 1987, presented to City
Council the Capital Improvement Program for fiscal years 1988-92, and
WHEREAS, City Council held public hearings on the program to provide
for public comment, and
WHEREAS, based on public comment, City Council has determined the need
for the projects in the Capital Improvement Program, and
WHEREAS, it is necessary to appropriate funds for the projects underway
of beginning in the 1987-1988 fiscal year as set forth in said Capital Improve-
ment Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1: That the program for the construction of, or addition to
capital facilities identified for fiscal years 1987-1988 through 1991-92 is
hereby adopted and that projects listed herein are approved as capital projects.
Section 2: That tbe projects shall be financed from funds to be
appropriated periodically by City Council, and until funds are so provided, the
projects are for planning purposes only and may be deleted, altered, or resched-
uled in any manner at any time by City Council.
Section 3: That funds in the amounts aggregating $107,077,790 for
capital projects underway or beginning in the 1987-88 fiscal year as set forth in
said Capital Improvement Program are hereby appropriated, subject to the condi-
tions hereafter set forth, as follows:
CAPITAL PROJECT APPROPRIATION
SCHOOL PROJECTS:
1-963 Various Schools Air Conditioning-Phase I $ 1,844,000
1-964 Various Schools Air Conditioning-Phase II 2,415,000
1-937 Salem Junior High School 128,000
1-962 Parkway Elementary School 159,539
1-951 Salem High School 5,200,000
1-955 Salem Elementary School 2,194,000
1-970 School Bus Maintenance Facility 250,000
1-928 Kellam High School Roofing 400,000
1-959 Various Schools Roofing-Phase I 625,000
1-972 Running Tracks Conversion 165,000
1-974 Williams Elementary School Renovation 425,000
1-973 Various Schools Roofing-Phase II 500,000
1-945 Elementary Schools Physical Education Rooms 600,000
TOTAL SCHOOL PROJECTS 05 539
ENGINEERING AND HIGHWAY PROJECTS:
Roadways:
2-021 Rural Roads Improvement $ 300,000
2-072 Birdneck Road and Southern Boulevard 325,200
2-075 Rosemont Road-Phase IV 2,766,250
2-079 International Parkway Improvements 170,000
2-036 Roadway Advanced Land Acquisition 2,332,549
2-816 Highway Safety Improvement 200,000
2-833 First Colonial Road-Phase III 17,000
2-837 Various Cost Participation 125,000
2-903 Rudee Inlet Bridge 1,100,000
2-962 Pungo Ferry Road Bridge 3,665,881
2-006 Baxter Road-Widening 600,000
2-039 Dam Neck Road-Phase I 733,069
2-055 London Bridge Road-Phase I 806,706
2-081 TCC Offsite Access Improvements 50,000
2-600 Virginia Beach Boulevard-Phase II 746,250
2-820 Princess Anne Road-Phase III 69,452
2-831 Independence Boulevard-Phase III 3,070,886
2-925 Northampton Boulevard-Phase I 526,800
2-936 Ferrell Parkway-Phase IB 4,312,775
2-989 Rosemont Road-Phase III 1,574,984
2-007 Constitution Drive 213,798
2-037 Landstown Road 15,000
2-083 Independence Boulevard-Phase IIA-1 214,737
2-810 Centerville Turnpike Phase I 387,136
2-929 Virginia Beach Boulevard-Phase III 71,600
2-983 Reedtown Streets 8,233
2-946 Gracetown Streets 25,800
2-980 Seatack Streets-Pbase IIA 420,991
2-984 Seatack Streets-Phase IIB 753,125
2-945 Newsome Farms Streets 2,750,000
Total Roadways 53 222
Stormwater:
2-020 Various Drainage Improvements 200,000
2-077 Resort Area Sand Project 2,000,000
2-035 Back Bay Salt Water Project 96,900
2-823 Salem Canal Improvements 600,000
2-902 North Beach Storm Drainage-Phase III 75,000
2-830 Rudee Inlet Dredging 460,000
2-712 Dredging Eastern Branch Lynnhaven River 91,685
2-800 Lynnhaven Colony Drainage 68,281
Total Stomwater 91 866
Bikeways:
2-068 Bayfront Bikeway $ 223,576
Total Bikeways 23 576
Resort Area Improvements:
2-048 Boardwalk Revitalization $ 300,000
2-067 Resort Streetscape Demonstration Project 402,891
2-054 City Gateway Project 553,604
Total Resort Area 56 495
TOTAL ENG AND HIGRWAYS 25 159
BUILDTNG PROJECTS:
3-938 Human Resources Building Renovation $ 90,000
3-973 Percent for Arts Program 69,189
3-979 Municipal Facilities Site Acquisition 1,600,000
3-980 Farmers' Market Parking Lot 87,000
3-981 Landstown Yard Expansion 100,000
3-912 Fire Station #21-Stumpy Lake 690,213
3-942 Fire Station #1-North End 256,380
3-910 Kempsville Public Safety and Library 2,018,944
3-967 Correction Center Addition 2,200,000
TOTAL BUILD]-NG PROJECTS 7,111,726
PARKS AND RECREATION PROJECTS:
4-939 Neighborhood Park Acquisition and Development $ 1,350,000
4-919 Birchwood, Malibu, Carolanne Farms 310,525
4-940 Lynnhaven Municipal Marina Renovation 1,275,000
4-935 Princess Anne Park Expansion 399,708
4-801 Virginia Beach Community Center/Great Neck 9,500,000
4-944 Virginia Beach Community Center/Southeast 10,000,000
4-945 Virginia Beach Community Center/Bayside 10,000,000
4-926 Virginia Beach Community Center/Bow Creek 3,350,000
TOTAL PARKS AND RECREATION 36,185,233
TOTAL GENERAL @OVEMENT $ 91,627 6@57
WATER UTILITY PROJECTS:
5-025 Alanton-51% Type $ 1,848,250
5-026 Bellamy Manor-51% Type 349,700
5-027 Bells Road-51% Type 45,250
5-832 Comprehensive Water Study 50,000
5-028 Dwyer Road-51% Type 33,300
5-010 Great Neck Estates-51% Type 33,000
5-022 Great Neck Point-51% Type 35,000
5-007 Kempsville Colony-51% Type 15,000
5-836 Landstown Yard Improvements 50,000
5-013 Larkspur-51% Type 70,000
5-029 Linkhorn Point-51% Type 137,250
5-030 River Road-51% Type 182,250
5-031 Shorehaven-51% Type 266,800
5-304 Small Line Improvements 100,000
5-032 Stewart Drive-51% Type 85,750
5-008 Trantwood Shores-51% Type 55,000
5-833 Various Highway Projects 50,000
5-306 Water Request and Agreement 200,000
5-033 Weaverville-51% Type 129,450
5-009 Wolfsnare Plantation-51% Type 40,000
5-967 Cavalier Park/Linkhorn Park Area 360,000
5-966 Atlantic Avenue Improvements 114,000
5-973 First Colonial Road-Pbase III 19,650
5-977 Kempsville Pump Station Modification 110,000
5-979 Newtown Road 20,000
5-713 Landstown Suction 910,000
5-953 Great Neck Road-Phase II 40,000
5-985 Shore Drive 80,000
5-817 East Cape Henry Drive 50,000
5-820 Plaza Park Tank 1,000,000
5-982 Parliament Drive 85,000
5-622 Shipps Corner Road 155,000
5-617 Queen City 158,000
5-001 Virginia Beach Boulevard-Phase III 20,000
5-997 Credle Road 7,000
5-004 Dam Neck Tank 165,000
5-987 Alabwna Road 76,000
5-034 London Bridge Road-Phase IA 120,000
5-971 Lynnhaven Parkway-Phase VII 7,500
5-036 Ferrell Parkway-Phase IC 7,000
5-037 Indian River Road-Phase IV 10,000
TOTAL WATER UTILITY 90 150
SWM UTILITY PROJECTS:
6-815 Infiltration, Inflow and Rehabilitation $ 300,000
6-828 Landstown Yard Improvements 50,000
6-605 Pump Station Modifications 300,000
6-824 Various Highway Projects 10,000
6-316 Various Sewer Projects 362,000
6-932 Lakeview Park 174,000
6-928 Cavalier/North Linkhorn Park 688,000
6-929 Elizabeth River Shores 357,000
6-315 Queen City 559,683
6-934 Bay Colony 357,000
6-935 Broad Bay Colony 1,369,300
6-942 Great Neck Point 233,000
6-945 Larkspur 1,020,000
6-925 Atlantic Avenue Improvements 600,000
6-937 Aragona Rehabilitation 367,000
6-952 Lakeside Drive and Poplar Point Drive 197,000
SEWER UTILITY PROJECTS: (concluded)
6-938 Princess Anne Plaza Rehabilitation 150,000
6-970 Virginia Beach Boulevard-Phase,III 20,000
6-939 Comprehensive Sewer Study 200,000
6-964 Baxter Road 590,000
6-975 Deerwood Trace Force Main 160,000
6-977 Haygood Road 86,000
6-978 Indian River Road-Phase IV 10,000
TOTAL SEWER UTILITY 59 133
TOTAL WATER AND SEWER 50 133
TOTAL APPROPRIATIONS 77 790
To be funded from the following sources:
Source
General Appropriations 23,663,045
Lease Purchase Financing 690,213
SPSA Contribution 2,866,250
1987 Charter Bonds 24,800,000
1987 Referendum Bonds - Recreation Centers 32,850,000
1988 FY Revenue Sharing 4,000,000
Federal Contribution 2,758,149
Water and Sewer Fund 9,950,133
Revenue Bonds 5,500,000
TOTAL
Amounts appropriated above amend any 1987 1988 fiscal years alloca-
tions previously authorized in the FY 1987 - FY 1988 Operating Budget adopted by
the City Council on May 14, 1987. The appropriations which are supported by 1987
referendum bonds are subject to voter approval prior to final appropriation.
Section 4. The capital project funds appropriated in prior fiscal
years are to be reallocated in accordance with said Capital Improvement Program
as follows:
ROADWAYS AND STOIMATER PROJECTS:
TRANSFER TO-.
2-034 Pavilion Drive South $ 17,463
2-036 Roadway Advanced Land Acquisition 956,973
2-064 Independence Boulevard-Phase IIA 792,790
2-070 Northampton Boulevard-Phase II 77,490
2-082 Independence Boulevard-Pbase IIA-1 850,000
3-933 Landfill #2-Expansion 33,553
TOTAL TRANSFERS TO: 28 269
TRANSFER FROM:
2-061 Lynnhaven Parkway-Phase VII 151,181
2-063 Ferrell Parkway-Phase IC 870,280
2-406 Diamond Springs Road 47,746
2-804 North Beach Storm Drainage-Phase II 850,000
2-834 Princess Anne/Kempsville Intersection 739,910
2-937 Hilltop Loop (Southwest) 69,152
TOTAL TRANSFER FROM: 28 269
RESORT PROGRAMS:
TRANSFER TO:
2-049 Resort Streetscape Improvements $ 60,000
TOTAL TRANSFERS TO: 60 000
TRANSFERS FROM:
2-057 Ocean Walk $ 40,000
2-058 Rudee Walk 20,000
TOTAL TRANSFERS FROM: 60 000
BUILDING PROJECTS:
TRANSFER TO:
3-967 Correction Center Addition $ 100,000
TOTAL TRANSFERS TO: 00 000
TRANSFER FROM:
4-933 Virginia Beach Connnunity Center-Master Plan $ 100,000
TOTAL TRANSFERS FROM: 00 000
WATER AND SEWER PROJECTS:
TRANSFER TO:
5-966 Atlantic Avenue Improvements $ 386,000
6-316 Various Sewer Projects 308,132
6-930 Lynnhaven Acres 50,000
6-937 Princess Anne Plaza Rehabilitation 200,000
TOTAL TRANSFERS TO: 44 132
TRANSFER FROM:
5-837 Recreation Drive/South Lynnhaven Parkway 158,000
5-950 Virginia Beach Boulevard-Phase I 220,000
5-990 Virginia Beach Boulevard-Phase II 38,000
6-807 Old Dam Neck Road 100,000
6-809 Salem Road 100,000
6-825 Virginia Beach Boulevard-Phase I 198,132
6-917 Holland Road-Phase IV 130,000
TOTAL TRANSFERS FROM: 44 132
Section 5. That additional appropriations and the addition of capital
projects sball not be initiated except with the consent and approval of the City
Council first being obtained.
Section 6. That the restriction with respect to the expenditure of
funds appropriated shall apply only to the totals for each project class.
All contracts awarded for approved and appropriated capital projects,
exclusive of school projects, must be certified as to the availability of funds
by the Director of Finance prior to the initiation of work on the contract.
Section 7. That this ordinance shall be in effect from and after the
date of its adoption.
Section 8. That if any part or parts, section or sections, sentences,
clauses, phrases of this ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
FIRST READING: September 14, 1987
SECOND RF-ADING: September 21, 1987
Adopted by Council of the City of Virginia Beach, Virginia on the
21 day of September , 1987.
- 32 -
Item IV-I.2.
ORDINANCES ITEM # 28056
Upon motion by Councilman Fentress, seconded by Councilman Balko, City
Council ADOPTED upon SECOND RFADING:
Ordinance authorizing the issuance of Water and
Sewer System Revenue Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of
$5,500,000.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
kN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER
A.ND SEWER SYSTEM REVENUE BONDS OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
OF $5,500,000
BE IT ORDAINED 9Y THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of virginia Beach, Virginia (the City), to continue
its program of improving and extending its water aiid sewer system
(the System) which will promote the public welfare of the City
and its inhabitants and will facilitate the orderly growth,
development and general welfare of the City, and to finar,e the
costs thereof through the borrowing of $5,500,OCO and isstiing the
City's revenue bonds therefor.
2. Pursuant to the City Charter and the Public Finance
Act, there are hereby authorized to be issued we.ter and sewer
system revenue bonds of the City in the maximum amount of 1
$5,500,000 to provide funds, together with other available funds
for financing the costs of improvements to the System.
3. The bonds shall bear such date or dates, mature at
such time or times not exceeding 40 years from their dates, bear
interest at such rate or rates not to exceed 10% per year, be in
such denominations and form, be executed in sucil manner and be
sold at such time or times and in such manner as the Council may
hereaafter provide by appropriate resolution or resolutions.
4. The System is an undertaking from which the City may
derive a revenue. The Bonds shall be limited obligations of the
City, payable as to principal, premium, if any, and interest
solely from the revenues derived by the City from the System, and
shall not be included within t'lle otherwise authorized indebted-
ness of the City. The bonds shall not be deemed to create or
constitute an indebtedness of or a pledge of the faith and credit
of the Commonwealth of Virginia or of any county, cit,/, town or
other political subdivision of the Commonwealth, including the
City, and shall so state on their face. The issuance of the
bonds and the undertaking of the covenants, conditions and agree-
ments to be contained in resolutions to be adopted or agreements
to be entered into hereafter shall not directly, indirect y or
contingently obligate the Commonwealth, the City or any other po-
litical subdivision of the CoiTLnionwealth to levy an,J collect any
taxes whatsoever or mak( any appropriation therefor, except from
the revenues pledged to the payment of the princip,al of and pre-
mium, if any, and interest on the bonds.
5. Such resolutions to be adopted and agr(@ements to be
entered into hereafter authorizing the issuance of the bonds and
providing the details thereof shall contain appropriate covenants
requiring the City to fix, charge and collect such rates, fees
and other charges for the use of and the services furnished by
the System and to revise the same from time to time and as often
-2-
as shall be necessary so as to produce sufficient net revenues to
pay pi-inc;pal. of and premium, if any, and interest on the bonds
as thf, sanie become due and to provide a margin of safety there-
for. Such resolutions and agreements shall also include such ad-
ditional covenants, agreements and other terms as are customary
for the protection of the holders of water and sewer revenue ob-
ligations.
6. This ordinance shall be in full force and ef@-ect from
its passage.
ADOPTED by the Council of the City of Virginia Beach,
21
Virginia, this day of September, 1987.
(SEAL) APPROVED:
Mayor
ATTEST:
City Clerk
ApPf'OVE- @..S TO CONTENT
5 IGNp,-@ Ul.' C
DEPARTIV@ENT
FIRST READING: September 14, 1987 -3-
SECOND READING: September 21, 1987
1
- 33 -
Item IV-I-3-
ORDINANCES ITEM # 28057
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
ADOPTED, UPON SECOND READING:
Ordinance authorizing the issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $24,800,000 for
various public facilities and general improvements.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 33a -
AN ORDINANCE AUTHORIZING THE ISSUANC:E OF
GENERAL OBLIGATION BONDS OF THE CIT@' OF
VIRGINIA BEACH, VIRGINIA, IN THE MA;K:IMUM
AMOUNT OF $24,800,000 FOR VARIOUS PLFBLIC
FACILITIES AND GENERAL IMPROVEMENTS
WHEREAS, the City desires to authorize tLe issuance of gen-
eral obligation public improvement bonds for various purposes in
the maximum amount of $24,800,000 without submitting the question
of their issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY (DF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessar-Y and expedient
for the City of Virginia Beach, Virginia (the City), to construct
and improve various public faclities and general improvements,
all of which will promote the public welfare of the City and its
inhabitants and will facilitate the orderly growth, development
and general welfare of the City, and to finance the costs thereof
through the borrowing of $24,800,000 and issuing the City's gen-
eral obligations bonds therefor.
2. Pursuant to the the City Charter and the Public Finance
Act, there are hereby authorized to be issued public improvement
bonds of the City in the maximum amount of $24,800,000, to pro-
vide funds, together with other funds that may h,e available, for
the following purposes:
School projects, including site acquisition
and improvements, planning, design, construction,
renovation, expansion, equipping and furnishing
of schools and related facilities $9,015,000
Engineering and highway projects, including
site acquisition and improvements, design, planning,
construction, improvement, replacement,
expansion and extension of streets, highways
and bridges 12,618,283
Drainage projects, including dredging the
Eastern Branch of the Lynnhaven River 91,685
Building projects, including site acquisition and
improvements, design, planning, constructi,:,n,
improvement, renovation, expansion, equipping
and furnishing of the Kemp,lville Public Saifety and
Library Services facilities, Fire Station
#1-North End and the Correction Center 2,675,324
Parks and recreation projects, including
design, planning, construction, improvement,
expansion, equildping and furnishing of the
Princess Anne Park recreation facilities 399,708
$24,800,000
Any amount not needed for any of such purposes may be used for
any other of such purposes. The bonds may be issued as a sepa-
rate issue or combined with bonds authorized for other purposes
and sold as part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding 40 years from their dates, bear in-
terest at such rate or rates not to exceed the maximum rate au-
thorized by law at the time the bonds are sold, be in such denom-
inations and form, be executed in such manner and be sold at such
time or times and in such manner as the Council may hereafter
provide by appropriate resolution or resolutions.
-2-
4. The bonds shall be general obligations of the City for
the payment of principal of and interest on whi(,,h its full faith
and credit shall be irrevocably pledged.
5. This ordinance shall be in full force iind effect from
its passage.
Adopted by the Council of the City of virginia Beach, Vir-
21 .
ginia, on the day of September, 1987.
Approved:
Mayor, City of @'irginia
Beach, Virginia
FIRST READING: September 14, 1987
SECOND RFADING: September 21, 1987
@5 -0 CONTENT
@cl,,AYURE
D"PARTMENT
s
-3-
- 34 -
Item IV-I-5-
ORDINANCES ITEM # 28058
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $10,228,271 for
YY 188 for the payment of purchase orders brought
forward from YY 187.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
34a -
AN ORDINANCE TO APPROPRTATE $10,228,271
FOR FISCAL YEAR 1988 FOR THE PAYMENT OF
PURCRASE ORDERS BROUGHT FORWARD FROM
FISCAL YFAR 1987
WHEREAS, during the course of business in fiscal year 1987, purchase
orders or contracts were issued committing the city to purchases of materials,
supplies, equipment or services for use by several departments, divisions, or
bureaus, and
WHEREAS, these purchase orders or contracts were charged to appropriations
previously authorized for the fiscal year ended June 30, 1987 so as to reduce the
unencumbered balance of those appropriations, and
WHEREAS, on June 30, 1987 there were purchase orders or contracts
totalling $10,228,271 for which materials, supplies, equipment or services had not
been delivered or invoiced.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA
BFACH, that the funds totalling $10,228,271 unexpended and represented by purchase
orders outstanding on June 30, 1987 be reappropriated as additions to fiscal 1988
appropriations to the respective departments, divisions, or bureaus of the city so
that upon delivery of the materials, supplies, equipment or services, there shall be
sufficient funds to make payment. Tbese funds shall be appropriated from the
following respective fund balances:
General $ 5,927,296
School Operating 2,765,558
Water and Sewer 982,535
E-911 Communication System 198,610
Golf Course 119,251
City Garage 111,007
Telecom 42,513
Print Shop 35,543
Pendleton Child Service Center 19,937
Automated Finger Print ID 14,767
Tidewater Virginia ASAP 6,217
Risk Management 4,074
Law Library 810
Marine Science Museum Gift Shop 153
Total Outstanding $10,228,271
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
day of 1987.
PUBLIC HEARING: --- S ep t emb er -21,- -1-9 87
FIRST RF-ADING: --- September -21,--1987
SECOND READING: -----------------------
CITY OF- VIRGINIA BEACH FINANCE DEPARTMENT PAGE 24
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUND VENDOR ENCUMBRANCE
2 4115 ABBEY, THE 39.52
2 4115 ABC PRINTING COMPANY 828.63
2 4115 ABC SCHOOL SUPPLY INC lp722.68
2 4115 ABRAMS INC, HARRY 112.00
2 4115 ACE CLEANERS &
2 ltlO7.03
4115 ADAMS BOOK COMPANY 201.45
2 4115 ADVERTISING MANAGER AATG 150.00
2 4115 ALL AMERICAN COMPANY 1,015-55
2 4115 AMERICAN GUIDANCE SERVICE 73.50
2 4115 AMERICAN PHYSICAL THERAPY 163-00
2 4115 AMERICAN SCIENTIFIC PROD 282.17
2 4115 AMERICAN VOCATIONAL ASSOC 15.00
2 4115 ANDERSON NIEBUHR & ASSOC 22.45
2 4115 ARTCO-BELL CORPORATION 33t645.17
2 4115 ASPHALT ROADS & MATERIALS
2 .00
4115 ATLANTIC ELECTRIC CORP 226.32
2 4115 AUDIO FIDELITY CORP 7vl97.09
2 4115 AVANTE GARDE PUBL CORP 34.95
2 4115 B & B SHEETMETAL HEATING 159000.00
2 4115 BAKER & TAYLOR CO, THE 56.81
2 4115 BARNES & NOBLE 99.91
2 4115 BEACH ATHLETICS 1,930.10
2 4115 BELLAMY'S VIOLIN SHOP 2t450.61
2 4115 BENNETTE PAINT MFG CO INC 835.00
2 4115 BEYOND EXHIBITS 9r727.30
2 4115 BILL BRUCE FORD 789.72
2 4115 BINSWANGER GLASS COMPANY 490.10
2 4115 BLACK & DECKER US INC
2 4115 BLACKWELLT .00
BASIL E) 44.90
2 4115 BLAINE WINDOW HAR WARE
2 - 625.50
4115 BLUE CROSS - BLUE SHIELD 432,280.OC)
2 4115 BOOK FORUM INC 130.55
2 4115 BOOKSEND LABORATORIES 812.00
2 4115 BOYD-BLUFORD INC 36.50
2 4115 BDZARTH INTERIOR SYSTEMS li350.00
2 4115 BREEDEN & COLLIER CO INC 29583.10
2 4115 BRODHEAD-GARRETT COMPANY 1,471.48
2 4115 BROWNSON EQUIPMENT CO INC 2,899.69
2 4115 BRYAN ELECTRIC COMPANY lt9l3.20
2 4115 BUDGET SEPTIC TANK
2 4115 BUREAU OF .00
BUSINESS 56.76
2 4115 BURGESS SNYDER WINDOW CO 9i620.00---@@-
2 4115 CALIGARI & SON INC, E 35,725.oo
2 4115 CAMBRIDGE BOOK COMPANY 289.93
2 4115 CAPITAL GMC TRUCKS INC 617,800-40
2 4115 CAREERTRACK PUB 52.95
2 4115 CAROLINA DOOR CONTROLS 150.60
CITY oF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 25
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY- OUTSTANDING
SCHOOL FUNO VENDOR ENCUMBRANCE
2 4115 CENTER FOR CREATIVE 249.00
2 4115 CHAMPION PRODUCTS INC 325.65
2 4115 CHASELLE INC 9,208.09
2 4115 CHESAPEAKE RIM & WHEEL 717.30
2 4115 CHILDCRAFT EDUCATION CORP 150.75
2 4115 CLASSIC BOOKSHOPS 19.95-,
2 4115 COLE SUPPLY 57.00
2 4115 COLLEGE BOARD PUBL 26.95
2 4115 COLONIAL CHEVROLET .00
z 4115 COLONIAL TRUCK SALES INC ltl23.37
2 4115 COLORCRAFT CORPORATION 740.32
2 4115 COLUMBIA SUPPLY CORP 22i670.00
2 4115 COMM SKILL BUILOERS 898.68
2 4115 COMMONWEALTH PAPER CO .00
2 4115 TOMPUTER DYNAMICS INC .00
2 4115 COMPUTER SERVICE .00
2 4115 COMPUTERLAND OF VA BCH 2,854.20
2 4115 CONSTRUCTION FASTENERS 234.75
2 4115 CONTRACTORS PAVING CO 58,305.00
2 4115 CORMAX CONSULTANTS 38.50
2 4115 CREATIVE MAINTENANCE SYS 5,125.00
2 4115 CREATIVE PUBLICATIONS . 160.53
2 4115 CREEF PAINT, R E 23,573.00
2 4115 CREST RESTAURANT 375.60
2 4115 CROWN PUBLISHERS INC .00
2 4115 CTR FOR APPLIC-D RESEARCH 52.40
2 4115 CUISENAIRE CO OF AMERICA 23.85
2 4115 CURRICULUM ASSOCIATES INC 297.95
2 4115 CURRIE, WILLIAM M .00
2 4115 DELTA EDUCATION INC .654.85
2 4115 DELTA GRAPHIC INC 6,358.00
2 4115 DELTA SYSTEMS COMPANY INC 75.00
2 4115 DESKS INC 8,718.00
2 4115 DEVOKE COMPANY 19444.00
2 4115 DEWS SCREEN PRINTERS 3,308.50
2 4115 DICK COMPANY, A B 5,133.00
2 4115 DILLARD PAPER COMPANY 206,662.00
2 4115 DLM TEACHING RESOURCES 356.40
2 4115 DOOR ENGINEERING CORP 2,831.00
2 4115 DUPLI-CARE INC 2,119.80
2 4115 DUVAL CHEMICAL INC 2,708.00
2 4115 DVF SPORTS 5,838.21
2 4115 DYNAMIT NOBLEL 74,000.00
2 4115 EAST COAST CORPORATION 34,517.00
2 4115 ECK SUPPLY COMPANY 1,518.00
2 4115 EDUC TESTING SERVICE 50.00
2 4115 EDUCATION CENTER, THE 24.85
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 26
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUNO VENOOR ENCUMBRANCE
2 4115 EDUCATIONAL RECORD CENTER .00
2 4115 EOUCATIONAL SPECIALTIES 79.15
2 4115 EFFECTIVE SCHOOLS 99.00
2 4115 ELECTRICAL SUPPLIERS INC 1,859-02
2 4115 ELECTRONIC ENGINEERING CO 720.00
2 4lL5 ELECTRONIC SYSTEMS 635.00
2 4115 EMPIRE MACH & SUPPLY CORP 1,035.79
2 4115 ENCYCLOPAEDIA BRITANNICA 11.00
2 4115 ENGINEERED SALES AND 89176.33
2 4115 ENVIRONMENTS INC 56.66
2 4115 EQUIPMENT SHOP 485.65
2 4115 EXECUTIVE SPEECHWRITER 75.00
2 4115 EXPRESSWAY PRINTING 35.00
2 4115 FACTS ON FILE INC 145.00
2 4115 FAIRFAX COUNTY 18.00
2 4115 FIRESTONE STORES .00
2 4115 FLAGHOUSE INC 149.65
2 4115 FLOWERS SCHOOL EQUIPMENT 80,615.00
2 4115 FOSSLER CO INC, STEPHEN 194.00
2 4115 FRENCH RIVER EDUC CENTER 15.00
2 4115 GASKINS CO INC, F H .00
2 4115 GCS SERVICE INC 150.00
2 4115 GINN & COMPANY 41,741.00
2 4115 GLOBE BOOK COMPANY 1PO53.67
2 4115 GRAPHICO INC .,O@o_,._
2 4115 GRAVES-HUMPHREYS CO 5,160-15
2 4115 GREGORYIS FLEET SUPL CORP lp370.00
2 4115 G;R[)LIER EDUCATIONAL CORP 98.45
2 4115 GUIDANCE ASSOCIATES 109.00
2 4115 GULF SHORE MAYFLOWER 4t@00.00
2 4115 H & P HARDWARE AND 146.50
2 4115 HAMMETT COMPANY, J L 1YO37.83
2 4115 HAMPTON ROADS .00
2 4115 HAMPTON ROADS WELDERS .00
2 4115 HARVARD UNIV PRESS 38.90
2 4115 HEAVY DUTY PARTS INC 393.68
2 4115 HERCULES FENCE DIVISION 13,848.00
2 4115 HERFF JONES 2tBO4.50
2 4115 HEWLETT PACKARD 218.00
2 4115 HIGHSMITH CO INC, THE 25-75
2 4115 HILTS & CO, E L 190.00
2 4115 HOLLAND CORPP J HENRY .00
2 4115 HONEYWELL .00
2 4115 HYDRAULIC SERVICE CO INC 1,020.00
2 4115 IBM C.ORPORATION 19,099.45
2 4115 IDEAL SCHOOL SUPPLY CO 75.02
2 4115 IMAGE MAKER CO INC, THE .00
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 2 7
SUMMARY OF OUTSTANDING PURCHASE OROERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUND VENDOR ENCUMBRANCE
2 4115 IRELAND ELECTRIC COMPANY 112.50
2 4115 JONES & FRANK 15,558.00
2 4115 KAPLAN'S SCHOOL SUPL CORP 1,167.90
2 4115 KELLOGG CO 28.00
2 4115 KEMPSVILLE BUILDING 280.74
2 4115 KESSLER ATHLETIC SUPL INC 199.15
2 4115 KEYSTONE VIEW 252.00
2 4115 KRAMER TIRE & AUTO 224.52
2 4115 LAND & COATES 1,379.26
2 4115 LANIER BUSINESS PROD INC .00
2 4115 LAURENCE CO, C R 26.60
2 4115 LAWRENCE ERLBAUM 55.00
2 4115 LIFEWORKS 40.00
2 4115 LISTENING LIBRARY INC ltO89.00
2 4115 LITTLE BROWN AND COMPANY 56.85
2 4115 LONGMAN INC .00
2 4115 M CLAY EQUIPMENT CO INC 1,935.96
2 4115 MACMILLAN BOOK CLUBS INC 24.45
2 4115 MACMILLAN INSTRUCTIONAL 142.35
2 4li5 MACMILLAN PUBLISHING CO 611.72
2 4115 MAGIC IN MOTION 4t290.48
2 4115 MCGRAW-HILL BOOK COMPANY 386.10
2 4115 MEMORY BANK, THE 2tO2O.8O
2 4115 METROPOLITAN AUDIO VISUAL 185.89
2 4115 MICHEL COMPANY INC, R E .00
2 4115 MICROSOFT CORP 625.00
2 4115 MILLIKEN PUBLISHING CO 125.98
2 4115 MIT PRESS 34.90
2 4115 MITCHELL & NESS USA @.1,90.00
2 4il5 MONITOR INC
2 .00
4115 MOORE BUSINESS FORMS INC 210.00
2 4115 MOORE CORP, STEINER B 65.00
2 4115 MOTOROLA INC 13,937.00
2 4115 MULTIGRAPHICS
2 .00
4115 NAEYC 71.50
2 4115 NASCO 514.65
2 4115 NAT GEOGRAPHIC SOCIETY 81.30
2 4115 NAT INSTITUTE OF BUS MANG 23.05
2 4115 NATIONAL COMPUTER SYSTEMS .00
2 4115 NATIONAL TEXTBOOK COMPANY ltl85.00
2 4115 NCR CORPORATION
2 .00
4115 NEW AGE SOCIETY, THE 18.00
2 4115 NEWS CURRENTS 199.00
2 4115 NOLAND COMPANY 4,787.90
2 4115 NORFOLK TRUCK CENTER INC 268.60
2 4115 NORFOLK WELDERS SUPL INC .00
2 4115 OLD DOMINION PAINTING CO 12,000.oo
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 2@
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTANDRNG
SCHOOL FUND VENDOR ENCUMBRANCE
2 4115 OLD DOMINION SERVICES 474.00
2 4115 OPP FOR LEARNING INC 497.45
2 4115 OT WEEK 470.00
2 4115 OVERHEAD DOOR COMPANY 245.00
2 4115 PENCE COMPANY, J H 612.50
@2 4115 PEPPER & SON rNC, J W 119.56
2 4115 PHYSICAL OCCUP THERAPY 280.00
-2- 4115 PHYSICAL THERAPY FORUM lt296.00
2 4115 PITNEY BOWES .00
2 4115 POLK & COMPANYP R L 85.00
2 4115 PPG .00
2 4115 PRENTICE-HALL INC 948-30
2 4115 PRESS DOCTORS OF VA INC .00
2 4115 PRESTON CORPORATION, J A 1,020.80
2 4115 PRINCESS ANNE EQUIP CORP 870.17
2 4115 PRO-ED 45-i-O@
2 4115 PUBLICATIONS DEPARTMENT 20.00
2 4115 PUBLISHERS CENTRAL BUREAU 104.82
2 4115 R & M SUPPLY COMPANY 36.50
2 4115 RED HILL DISTRIBUTORS 20,342.00
2 4115 REID INCORPORATED, KEN .00
2 4115 RHYTHM BAND INC .00
4115 RIFTON EQUIPMENT 268.40
2 4115 ROOFS BY ROBERT .00
2 4115 SAGE PUBLICATIONs rNC 17.95
2 4115 SALEM QUALITY EQUIP & INC 271,012.00
2 4115 SCHELL SUPPLY CORPORATION 332.56
2 4115 SCHOLAR'S BOOKSHELF 275.60
2 4115 SCHOLASTIC INC - 45.00
2 4115 SCOTT FORESMAN C COMPANY 384.80
2 4115 SEABOARD BUILDING SUPL CO 778.33
2 4115 SEAPORT PLYWOOD .00
2 4115 SEARS
.00
2 4115 SEARS ROEBUCK & COMPANY .00
2 4115 SEWING MACHRNE SALES .00
2 4115 SHELTON PRINTING & RUBBER .00
2 4115 SILVER BURDETT COMPANY .00
2 4115 SIMON & SCHUSTER INC 35.59
2 4115 SKINNER FRAMES, RAY 729.00
2 4115 SOCIAL STUDIES SCH SERV 195.00
2 4115 SOMERVILLE CO, THOS 931.29
2 4115 SONY CORP OF AMERICA lt820.00
2 4115 SORBUS .00
2 4115 STATE PRQDUCTS CORP 460.88
2 4115 STEBBINS LAWN EQUIPT INC 356.89
2 4115 STECK-VAUGHN COMPANY 134.07
2 4115 STERLING SUPPLY CORP 4,585.00
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 2
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUND VENDOR ENCUMBRANCE
2 4115 STEVENSON FORD TRACTOR 441.80
2 4115 STRAUSS PHOTD .00
2 4115 SUNBURST COMMUNICATIONS 113.88
2 4115 TAYLOR-PARKER COMPANY rNC 205.70
2 4115 TIDEWATER BATTERY CO INC 34.50
2 4115 TIOEWATER CALCULATOR .00
2 4115 TIDEWATER DODGE INC .00
2 4115 TIDEWATER INDUSTRIAL .00
2 4115 TWEEDS LOCKSMITHS INC 951.45
2 4115 TYPEWRITER SALES .00
2 4115 U S TOY COMPANY INC 218.69
2 4115 UNITED EDUC SERVICES INC. 99.00
2 4115 UNITED MEDICAL PLAN 380,164.oo
2 4115 UNIV MICROFILMS INTERNAT 603.16
2 4115 UNIV OF WISCONSIN PRESS 140.00
2 4115 V & H SAW AND VAC INC 191160.00
2 4115 VA SCHOOL EQUIPMENT CO 444.35
2 4115 VAN PELT ASSOCIATES 237.00
2 4115 VELISSARIOS PAINT CO 75,450.00
2 4115 VIEWTRONICS SERV CO INC .00
2 4115 VIRCO MFG CORPORATION 14,006.80
2 4115 VIRGINIA STORAGE SYSTiiMS 17,000.00
2 4115 VULCAN MATERIALS COMPANY .00
2 4115 WALKER & LABERGE CO INC 3p235.00
2 4115 WASHINGTON P'OST, THE 846.00
2 4115 WESTERN BRANCH DIESEL INC .00
2 4115 WHITE INCT GROVER L 337.68
2- 4115 WHOLESALE PARTS .00
2 4115 WILSONP EMORY L 574.35
2 4115 WOMACK CONTRACTORS INC 4,720.00
2 4115 WOMEN@S SPORTS OF VA 681.10
2 4115 WORLD BOOK 21.95
2 4115 WORLD BOOK DISCOVERY 39.95
2 4115 WORLD BOOK INC 43.90
2 4115 XEROX CORPORATIO,,Q 14,765.00
FUND TOTAL FOR SCHOOL OPERATING 2r7657556.09--
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE
SUMMARY OF OU.TSTANDI NG PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUND VENDOR ENCUMBRANCE
11 4002 (UNKNOWN) CONTRACT MEMO 1,130,070 .17
I 40OZ A T & T INFORMATION 3,463.20
1 4002 A T & T PHONE CFNTER 109.95
1 4002 AAM INC
6 41!F. 0
25.45
@l 4002 AASLM ORDER DEPARTMENT
1 4002 ABBEY- OFFICE SUPPLY7 THE 3,764.03
1 4002 ABEL FRAME F. ART SUPPLY 161.37
1 4002 ACADEMIC PRESS INC 105.a3
1 4002 ACCENT KITCHENS 3,750.00
1 4002 ACREDALE SADDLERY lv352-50.
1 4002 ACS CONSTRUCTION SERVICES 2,189-41
1 4002 ACTIVE MARKETING 666.20
1 4002 AD SPEC 3,682.00
1 4002 ADAMS & ASSOC INCY FLOYD 137-49
1 40OZ ADMINISTRATIVE a 67500.00
1 4002 ADT.CORPORATION 150.00
1 4002 AERO 1,026.57
1. 4002 AFI COMMUNICATIONS GROUP 49.95
1 4002 ALA GRAPHICS A L A 304.20
1 4002 ALASKA'SEA GRANT 28-00
1 4002 ALCOSWITCHI AUGAT 187.80
1 4002 ALEXANDRIA DRAFTING CO 20,213.78
1 4002 ALLIED HEATING AND .5,059.56
1 4002 ALLSAFE FIRE EQUIPMENT 8,435.93
1 4002 ALLSAFE SERVICES CORP 191500.00
1 4002 ALTUF CGRPORATION 651-71
1 4002 AMERICAN BUSINESS SYSTEMS 195.00
1 4002 'AMERICAN FIRE EQUIPMENT 1,231.50
1 4002 AMERICAN INSTITUTIONAL 133.87
1 4002 AMERICAN NATIONAL 12.00
1 4002 AMERICAN PRINTING HOUSE .00
1 4002 AMERICAN'SCIENTIFIC 238.58
1 4002 ANDERSONT JOHN H 75.00
1 4002 ANSELL-YODER ASSOCIATES 6,377.32
1 4002 ARBILL INCORPORATED 1,67t.79
1 4002 ARCHITECTURAL INDUSTRIAL 520.00
1 4002 ARMCO INCORPORATED 1,663.20
1 4002 ARNOLD CORPORATION 1,374.62
1 4002 ASP.HALT ROADS & MATERIALS l7O6Ot991.17
1 4002 ATLANTIC BUSINESS 839.86
1 4002 ATLANT .IC SHIPPING & .00
.1 4002 ATLANTIC TECH@ICAL SALES 2,237.00
1 4002 ATLANTIC X-RAY SERVICES 221.01
l' 4002 ATLANTIS PHOTO PROCESSING 187.15
1 40OZ ATRONICS INTERNATIONAL 595.00
1 4002 ATTRONICA 79735.00
1 4002 AUDIO FIDELITY 1,577.40
CITY OF VIRGINIA BEACH FINANCE DEPARTME14T PAGE 2
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUND VENDOR ENCUMBRANCE
1 46o;' AVEC ELECTRONICS CORP 6tlO9.74
1 4002 AVNET COMPUTER lt455.00
1 4002 BAKER & TAYLOR COMPANY 68,624.;38
I 4002 BAKER EQUIPMENT 5,949.00-
1 4002- BALL HBPPER PRODUCTS INC 360,.00
1 4002 BALLINGER L49.78
1 4002 BALLOON CITY 85-00
1 40OZ BARKER COMPANY, BOB 3t932.75
1 4002 BARRONS EDUCATIONAL .00
1 4002 BASE TWO COMPUTER CENTER l9v2lO.OO
1 4002 BAY JEWELERS INC 2,083.50
1 4002 BEACH ATHLETICS 152.00
1 4002 BEACH LANDSCAPE & GRADING 3,100.00
1 4002 BECKLEY-CARDY 880.47
1 4002 BEISEL, ALMA R 375.00
-1- 4002 BELL & HOWELL 59.00
1 4002 BELL ATLANTIC BUSINESS 93.20
1 4002 BENDERIS VENETIAN BLIND 1,068.10
1 4002 BEST UNIFORM CO INC 29070.80
1 4002 BETE CO INC, CHANNING L 89.70
1 4002 BINSWANGER GLASS CO 87.75
1 4002 BIONETICS CORP 13,136.65
1 4002 BIRSCH CHEMICALS LTD 194.20
1 4002 BODNER ASSOCIATES 907..-77-,
1 4002 BONUTTI COt LORENZO .00
1 4002 BOOTH REFRIGERATION 612.10
1 4002 BOSTOi4 WHALER INC 14,670.00
1 4002 BOWKER CO, R R 59.00
1 4002 BRAND SHOWROOMS 1,004.67
1 4002 BRODART INC 17,263.99'
1 4002 BURCO DISTRIBUTORS 14.01
1 4002 BURROUGHS cbRP 360.00
1 4002 BURTON LUMBER CORPORATION 388.27
1 4002 BUSINESS FORMS 3,,336.45
1 4002 CADDYLAK SYSTEMS INC 353.90
1 40OZ CALIGARI & SON INC, E 195.60
1 4002 CANON U S A INC 749.25
1 4002 CAPITAL EQUIPMENT CO INC 16SP330.00
1 4002 CAPITOL FOUNDRY SALES CO 14,564.05
1 4002 CAPITOL TECHNIGRAPHICS 995.00
1 4002 CARDINAL SIGN CORP 175.00
1 4002 CAROLINA & NORTHWESTERN 337.50
1 4002 CAROLINA FIRST AID 31.80
1 4002 CAVALIER SPORTSWEAR-INC 19327.50
1 4002 CAVENDISH, MARSHALL 2t274.65
.1 4002 CENTRAL SERVICE 179.00
1 4002 CHAMAR iNC 219512.32
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 3
SUMMARY OF. OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
CITY OUTSTA.NDING
SCHOOL FUND VENDOR ENCUMBRANCE
I 4002 CHARNSTROM COMPANYP W A
1 4002 CHARTS INTORPORATED 167.50
1 4002 CHASELLE ARTS & CRAFTS 130.22
1 4002 CHASELLE SCHOOL SUPPLY .00
1. 4002 CHEERFUL EARFULS 542.34
1 4002 CHILDRENIS BD(3K COUNCIL 75.00
1 4002 CHILDRENS PRESS- 769.67
1 4002- CHILTON BOOK CO 1,442.71
1 4002, COLONY 345.00
1 4002 COLORCRAFT CORP 270.09
1 4002 COMB 6,288.00
4002 COMMERCIAL ART SERVICES 6to85.00
4002 COMMONWEALTH OF VIRGINIA 2t941.48
1 4oO2 COMMUNITY ALTERNATIVES 8,039.41
1 4002 COMPTRAIN INCORPORATED 190.00
1 4002 COMPUTER MANIA 229.00
1 4002 COMPUTER RESOURCES 131.70
1 4002 COKPUTERLAND OF HAMPTON 2illO.45
1 4002 COMPUTERLAND OF NORFOLK 432.50
1 4002 COMPUTUTOR 199.90
1 4002 CONSTRUCTIVE PLAYTHINGS 61.22
1 4002 CONTROL TECHNOLOGIES OF 21,533.40
4002 COOPERS, I 158.74
4002 COPELAND, HUGH 125.oo
4002 CORNERSTONE BOOKS 47.98
1 4002 COTT CORPORATION 800.00
1 4002 COUNTS RESCUE EQUIPMENT 35.34
1 4002 cox CABLE TV 7,500.00
1 4002 CPCB 5.00
1 4002 CREATIVE CRAFTS 1,026.86
1 4002 CROWN ZELLER6ACH 455.06
1 4002 CULLINET SOFTWARE INC 11159.17
1 4002 CULLIPHER, LOUIS E .00
1 4002 CURLEY & ASSOC I@C, JOHN .00
1 4002 CURTIN MATHESON 412.90
1 4002 CUSSONS MAY & COMPANY INC 169.50
1 4002 DAMUTH TRANE COMPANY 28,708.00
1 4002 - DARLEY & CO, W S 520.10
1 4002 DATA COMPOSITION INC 19704-96
1 4002 DATA GENERAL CORPORATION .00
1 4002 DAY-TIMERS INC 112.00
1 4002 DELTA PRODUCTS INC 224.24
1 .4002 DEMCO 468.51
1 4002 DICTAPHONE 517.60
I 4002 DILLARD P.APER COMPANY 3t674.90
1 4002 DOMINION SIGN & STAMPING 313.00
1 4002 DONNING COMPANY 507.65
CITY OF VIRGINIA BEACH FINANCE DEPARTMENT PAGE 4
SUMMARY OF OUTSTANDING PURCHA.SE ORDERS BY FUND AND VENDOR
CITY OUTSTANDING
SCHOOL FUND VEND OR ENCUMBRANCE
1 4002 boOR ENGINEERING CORP 2t464.00
1 4002 DOYLE BRICK CO INC 1,100.00
1 4002 DRAWING BOARD, THE 25.75
1 4002 DUNCKLEET RON 150.00
104-00
J-. 4002. OUVAL CHEMICALS INC
1 4002 E LETTERS 135t8L6.28
1 4002 'EAGLETONIS INC 1,668.96
1 4002 EARLY DISTRIBUTING 1,494.39
1 4002, EAST COAST CORPORATION 77,770.28
1 4002 EAST COAST SCREEN 250.00
1 4002 EASTERN BURLAP AND 64.31
1 4002 ECK suPPLY COMPANY 860-41
1 4002 ECONOMY HANDICRAFTS @ @-,_oo_
1 4002 EDMUND SCIENTIFIC CO 45.85
1 40OZ ELECTRICAL SUPPLIERS INC 1,160.37
1 ELECTRONIC SYSTEMS INC 148.96
1 4002 ELECTRONICS WAREHOUSE 41.30
L 400;i ELLIOTT AND ASSOCIATES .00
1 4002 EMPIRE MACHINERY & 3,662.49
1 4002 ENCYCLOPAEDIA BRITANNICA 65.25
1 40OZ ENDERST JOHN L 166.07
1 4002 ENNIS PAINT.& 338.02
1 4002 ENTERPRISE ART 166.10
1 4002 ENTERPRISE FORD TRACTOR 21,995.00
1 4002 ENTRE COMPUTER CENTER 79.00
1 4002 EPSON AMERICAN INC 13.53
1 4002 EXPO COMMUNICATIONS INC 1,857.00
1 4002 FABRIC MARKET, THE 40.83
1 4002 FACTS ON FILE 439.46
1 4002 FAMILY RESOURCES INC 1,000.00
1 4002 FEDERAL SIGNAL CORP. lYS54.88
1 4002 FERRELL LLNOLEUM 372.00
1 4002 FINE PETROLEUM COMPANY 632.50
1 4002 FIRE BRANO INC 4,744.84.
1 4002 FIRE-X CORPORATION 624.00
1 4002 FLAGHOUSE INC 2,801.69
1 4002 FLIGHT SUITS LTD 197.00
1 4002 FOLCK AIA, SCOTT P 8,065.95
1 4002 FOLEY-BELSAW COMPANY .00
1 4002 FORESTRY SUPPLIERS INC 316.11
1 4002 FPIS 2,300.00
1 4002 G & A DISTRIBUTORS .00
1 4002 G & L MARKETING 10,450.38
1 4002 GALE RESEARCH COMPANY -53.78
1 4002 GASKINS, C L 16,296.00
1 4002 GAYLORD 811.52
1 4002 GENERAL ELECTRIC SUPPLY 368.31
OUTSTANDING.
CITY VENDOR ENCUMBRANCE
SCHOOL FUND
1 4002 GENERAL EQUIPMENT CO .60
1 4002 GENERAL NEON EQUI.PMENT CO 1,425.00
1 4002 GIBSON EQUIPMENT CO INC 6,69.100
L 4002 GLAROS, PAUL C 15O..Oo
.00
1 4007 GLIDDEN,COMPANYP THE
72.22
4002 GLOBAL COMPUTER SUPPLIES 2
L 4002 GOOO-PRODUCTS SALES INC .00
RKETING 1,966.40
1 400?- GOVERNMENT MA -
1 4002 -GOVERNMENT TECHNOLOGY 2,931.00
1 4002 GRANGER, LINDA 0 962.50
749.59
1 4002 GRAYBAR ELECTRIC CO INC .00
4002 GREEN RUN ACE HARDWARE 555.00
4002 GREENJEANS, MR ;' 3,400.00
4002 GRIFFITH AND ASSOCI DAVID
4002 -GRUMMAN EMERGENCY 173,166.45
1,985.00
1 4002 GUARANTEED HAWAIIAN FISH
1 4002 GUERNSEY OFFICE PRODUCTS 201.92
1 4002 GUNTER & SON INCP 'M M 650.00
269.55
1 4002 HAJOCA CORP
1 4002 HALE & HINES NURSERY CO 2,500-00
1 4002 HALL & CO, G K .00
1 4002- HAMPTON ROAD HARLEY- .00
1 4002 HAROLD & SON INC, A E 9v335.00
1 4002 HARRIS COMPANY 751-00
1 4002 HARRIS/LANIER 360.00
1 4002 HARTMAN t SONS, L.EE 397.00
1 4002 HASLEY ASSOC, LARRY 2,648.57
1 4002 HECKLER KOCH INC 232.00
1 .4002 HEILIG COMPANY 1,920.00
1 4002 HERALD PRINTING7 THE 11000.00
I 40OZ HERBERT III CO INC, J 0 120,434.30.
1 4002 HIGHSMITH COMPANY INC 1,592.89
1 4002 HIGHWAY TECHNICAL SALES 590.00
1 .4002 HOAG MEMORIAL HOSPITAL 97.50
1 4002 HUB STINNETTE 2,098.08
1 4002 HUDGINS CARPETS 5,553.00
1 4002 HUMAN SCIENCES PRESS 29.95
1 4002 IBM CORPORATION 5,076.15
1 4002 ICMA ' 95.00
1 4002 IMAGINATION SOFTWARE INC 341590.30
1 4002 IMAGINATION SYSTEMS INC 1,174;.90
4002 INDEECO 2,733.64
4002 INDEPENDENCE 140.00
4002 INFORMATION PRocESSING 3,740.00
4602 INGRAM AUDIC) 376.99
1 4002 INTERGRAPH CORPORATION 103,733.00
1 4002 INTERNATIONAL ASSOCIATION - 885.00
SUMMARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
OUTSTANDING
CITY
SCHOOL FUND VENDOR ENCUMBRANCE
4002 INTERNATIONAL CITY
.00
1 4002 INTERNATIONAL MUNI.CIPAL 3,440.00
2,238.00
1 4002 INTERNATIONAL SEABOARD 34.86
1 4002 INTERNATIONAL SOCIETY OF
1 4002 INTERTEC PUBLISHING CORP 354.26
1 4002 INTOXIMETERS INC 120.70
1 4002 ISFSI. 87.20
1 4002 JOHNSON OUTBOARD 4, 4 93-- b O'
1 4002 JONES SAFETY SUPPLY INC :00
1 4002 JONESP HERFF 3,120.00
40.00
1 4002 JONES, TEDDY
1 4002 JWJ ENTERPRISES INC 1,135.00
.428.00
1 4002 , K-MART I
1 4002 KANOK PHDI STEVEN 98.00
1 4002 KAPLAN SCHOOL SUPPLY CORP 108.75
1 4002 KAY UNIFORMS 2,471.00
1 4002 KELLAM & ASSOCIATES 135.00
1 4002 KELLAM a EATON INC 33.75
1 4002 KELLO, GEORGE 300.00
1 4002 KEMPSVILLE BUILDING ..149.89
1 4o67- KEMPSVILLE ROOFING 8,900.00
1 4002 KEYLINE CO INC 2v232..OO
1 4002 KING WIRE & CABLE 2,370-00
1 4002 KLEINY JEAN H ..00
1 4002 KNOWLEDGE INDUSTRY 43.50
1 4002 KORMAN SIGNS INC 33,946.00
1 4002 LAND &.COMMUNITY 1,405.00
1 4002 LAw ENFORCEMENT 175.00
1 4002 LAW 111, CARPETS BY J C 3,413.22
1 4002 LAWN MEDLC TIDEWATER .00
1 4002 LAWRRNCE SANITARY CO INC 579.50
1 4002 LAWS, RICHARD 31.00
1 4002 LESCO INC 234.60
1 4002 LUSTRE LAWN LTD 1,325.00
l' 4002 LUXOR LIGHTING 23,881.5o
1 4002 LYNNHAVEN DIVE CENTER 95.70
1 4002 M & D,MUNITIONS LTD 8,235.00
1 4002 M & N INTERNATIONAL INC 384.36
1 4002 M & W PRINTERS INC 30,835.00
1 4002 M BUSINESS PRODUCTS, 3 2,968.10
1 4002 MAC MANNES INC .00
1 4002 MACMILLAN PUBLISH.ING CO -1,337.18
4002 MACTHRIFT OFFICE 5,394.00
4002 MADDUX SUPPLY CO. 1,.497.50
1 4002 MADISON PUBLISHING INC 179.70
1 4002 MAGNA CARTA BOOK CO .00
1 4002 MAGUIRE INC, C E 40YO00.00
@U14MARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
OUTSTANDING
CITY
SCHOOL FUND VENDOR ENCUMBRANCE.
4,764.34
1 4002 MAIN LINE BOOK COMPANY .172,.50.
1 4002 MANBECK NURSERIES INC
4002 MAKINE RESCUE CONSULTANTS 1,946.49
MARTIN, PENELOPE T 1,500.00
1 4002 VICES 5,706.00
4002 MARVA DATA SER 3,760.60
4002. MCBROOM POOL PRODUCTS
4002 MCGRAW HILL INC
1 4002 MECKLEP PUBLISHING 29.96
4002. MICHIE CO, THE 40.00
4002 MICRO SPEED 169-00
4002 MICRO-MAGNETIC SYSTEMS 169.3@
70.40
4002 MICROCON
4002 MID-STATES ENGINEERING 412,363.63
4002 MIDDLETONI E G 11,876-00
4002 MIDWEST COM,4UNICATIONS 15,854.26
4002 MOORE BUSINESS FORMS 1,414.20
4002 MOTOROLA INC .171,994.55
4002 MSC-EQUIPMENT 175,188.00
4002 MUEHLENBECKI THOMAS H 172,500.00
MULTISONICS INCORPORATED 13,500.00
400;' NATIONAL CAR RENTAL 7,800.00
4002 NATIONAL MICROGRAPHICS 459-10
COMPANY 26.40
4002 NESSON SALES .00
4002 NEW ERA GRAPHICS. 59.33
4002 NEWARK ELECTRONICS
4002 NOBLIT BROTHERS AND CO .00
1 4002 NOLAND COMPANY 5,960.31
1 4002 NORFOLK BEARINGS &SUPPLY 50.34
1 4002 NORFOLK PAINT CO 34.78
1 4002 NORFOLK STATIONERY CO INC 1 1 0 1
1 4002 NORFOLK, TREASURER OF 12,376.95
1 4002 NORSHIPCD- 37v377.40
1 4002 NORTH LA.4DING LINE 4,910-00
1 4002 NOYTS, JOHN C' 1,948.70
1 4002 OHIO SEA GRANT 8.50
1 40C)Z OLD DOMINION ENGINEERING 2,636.12
OLD DOMINION UNIVERSITY 963.00
1 4002 9,421.00
1 40OZ OZALID CORPORATION 791.00
1 4002 P C CONNECTION 4,940-00',
1 4002 P C SOURCE ;00
1 4002 PANASONIC INDUSTRIAL CO 798.34
1 4002 PAPERBACK BOOKS INC
1 4002 PARKER POOLS INCORPORATED .00
1 4007 PARKING CONSULTANTS 15,427.96
1 4002 PAXTON CO 231.75
.00
4002 PEAVEY COY LYNN .00
1 4002 PELTZ BROTHERS INC
.@14MARY OF OUTST4NDING PURCHASE ORDERS BY FUND AND VENDOR
ITY OUTSTANDING
CHOO@ FUND ENCUMBRANCE
VENDOR
SC
245.5 0
4002 PERRY MINNOW FARM
4002 OERSONNEL,PERFORMANCE INC 3,500.00
ODFING cb 930.00
4002 PETE BLOCK R 20.23
.4002 PHAROS BOOKS
4002 PHOTO LABORATORY, THE 308.76
PHYSICI4NS DESK 52.90
PIERCE MFG INC 258,000-00
4002
4002- PIONEER-DRAMA SERVICE 85.00
4002 PLANTSCAPES LTD 375.00
4oO2 POLK & CO, R L 135.00
1 4002 POTOMAC CHEMICALS 50-15
1 4002 POTTERY ART STUDIO INC 22.16
1 4002 POWELL MCCLELLAN LUMBER 2,555.89
1 400@ POWEP UP 79.90
1 4002 PRENTICE-HALL INC 385.04
1 4002 PRIEST ELECTRONICS INC. 47.97
1 4002 PRINCESS ANNE PILE a .00
1 4002 PRO-BLUE INC 221.70
1 4002 PROFESSIONAL DIRECTORIES 104.00
1 4002 PROFESSIONAL PRODUCTS INC .275.00
1 4002 PROGRESSIVE GRAPHICS INC 588.00
1 4002 PUBLISHING GROUP 1,366.20
1 4002 PYRAMID FILM AND VIDEO 523.00
1 4002 QUALITY BOOKS INC 364.59
1 4002 R & K COATES 5,022.50
1 4002 R K CHEVROLET INC 37,412.82
1 4002 RADIO SHACK 39.95
1 4002 RAHM, JERRY 75.00
1 4002 REA CONSTRUCTION COMPANY .00
4002 REAMS COMPUTER 4,498.00
-1 4002 RECORDED BOOKS INC 125.24
1 4002 REED iR MD, ERNEST C 2,080-90
1 4002 REGENCY, THE NEW 72,382.10
1 4002 RGA INC 1,304.00
1 4002 RICHARDSONT KEVIN 250.00
1 4002 RICHMOND POWER EQUIP CO 1B,704.00
1 4002 ROSEN PUBLISHING GROUP 384.97
1 4002 ROURKE PUBLISHING GROUP 133.00
1 4002 RUBIN BROTHERS 7 5, 6 1'9 wO@
1 4002 RUSH ELECTRONICS 1,407.00
1 4002 S & S ARTS & CRAFTS 181-66
1 4002 SALEM CONCRETE PRODUCTS 4t885.69
1 4002 SALEM PRESS 1,465-00
1 400@ SANCO TORPORATION .00
1 4002 SCAMMON JR, HOWARD M 1,500.00
1 4002 SCARECROW PRESS 54.50
1 4002 SCHOLASTIC INC 16.00
L)'-mi4ARY OF OUTSTANDING PURCHASE ORL)TK@ t5Y T-UNU 104U vc:xuum
OUTSTANDING
/CITY ENCUMBRANCE
SCHOOL- FUND VENDOR
8,684.00
PBRATION
SCOTT DATA COR
4002 251.73
SEA CHALLENGERS
4002 5, 6 4ft@-5
4ooZ SEARS 555.20
SELECT TEMPORARY SERVICES
'326.75
4002, SILVEK BURDETT CO 21
4002 7,230.00
4002 SIRINE AND, JOH@ E @230.79
SMITHSONIAN BOOKS
4002 AL is -.86
SOFTWARE CENTR 2,96
4002- 9.45
4002 SOUTHEASTERN B60K CO- 191037.41
4002 soUTHEASTERN LIBRARY 150-00
4002 SOUTHERN POLICE 34,000-00
4002 SPENCE AIA, MELVIN M 27,527-55
4002 SOERRY CORPORATION
4002 SPESSARD, MAJOR & NAN 1,337.50
4002 SPORTIME INCORPORATED 578.45
4002 STANDARD FORMS INC 650.00
STANDA,RD OFFICE SUPPLY 32,801-09
4002 .00
4002 STANDAGD THEATRE
346.40
4062 STEEL SERVICES 3,000-00
.4002 STEVENS, JOSEPH K 24,019.64
4002 STEVENSON FORD
STRAZZULLO, ALFONSO J 20,651.00
1 4002 1,651.70
1 4002 SUFFOLK SANITARY
SUNLAND.BC)OKS INC 169..08
1 4002 PICTURES INC .00
1 4002 SWANK MOTION 135-00
1 4002 SWIM TIME .00
1 4002 TALENT CONNECTION
4002 TANK4RD NURSERIES, THE .00
1 4,410-00
1 4002 TARMAC-LONESTAR INC
1 4002 TAYLOR-PARKER COMPANY INC 701-59
1. 4002 TEAGLE & LITTLE INC 10,929.02
1 4002 TELE-COMMUNICATIONS 7,765.00
4002 THOMAS SCIENTIFIC 266.32
1 10,439-66
4002 THOMPSON FORD INC. .00
4002 THORNDIKE PRESS
1 4002 TIDEWATER ADVERTISING 3,875-00
1 4002 TIDEWATER AIR FILTER 2,816.SO
4002 TIDEWATER EMBLEMS 312.00
4002 TIDEWATER POLICE 822.60
4002 TOMLINSC)N CO INC 49.03
4002 TOP QUALITY SEAFOOD 1,950.00
4002 TOTAL CONCEPT INC 1,.152.80
TOTAL SPORTS INC 274.90
1 4002 TOWN HALL PAINTING CORP 7,600.00
1 400?- GINEERS SUPPLY 5,213.75
1 4002 TRAFFIC EN TA SYSTEMS 14.00
4002 TRISTAR DA 107,465.00
4002 TRUCK CENTER OF
PURCHASE ORDERS BY FUND AND VENDOR
,@ARY OF OUTSTANDING
OUTSTANDING
CITY ENCUMBRANCE
SCHOOL FUND VENDOR
.198.49
4002 TRUE VALUE HOME CENTE,RS
532.50
4002 TURF C GARDEN ...00
4002 TURNER & VALENTINE P-C- 596.00
4002 U s comPUTER PRODUCTS 469.77
S FLAG & SIGNAL CO INC
1 .4662 U I 5,018 44
1 .4002 UARCO INCORPORATE.D 443:11
1 4002 ULVERSCROFT ARGE PRINT 118.69
1 4002 ULVERSCROFT L 13,949.87
4002 UNIJAX INCORPORATED
ICROFILMS 5,533.29
4002 UNIVERSITY MPLATFOPMS 5,765.00
4oo2 UP-RIGHT WORK 40..00
4002 VAULT, THE 54,000-00
4002 VIRGINIA BEACH NEPTUNE . .00
4002 VIRGINIA BEACH PATROL INC 937.28
4002 VIRGINIA. IMPRESSION
1 36,240.00
1 4002 VIRGINIA INSTITUTE OF 190.00
1 4002 VIRGINIA POLICE EQUIPMENT 85.06
1 4002 VISUALON -EWC)RKS DISPLAY 36,000-00
1 400> VITALE FIR & STAMPING 2,830.00
1 .4002 VULCAN SIGNS F, ASSOCIATES 1,365.50
1 WARNER-BOYD
4002 WASHINGTON BOOK TRADING 112.68
1 WAVE RIDING VEHICLES 490.00
1 4002 .00
1 4002 WEBB DISTRIBUTING INC 494.00
1 4002 WGH 250.00
4002 WHITET TEDDY
WHITTAKER GENERAL MEDICAL 817.88
4002 WILEY & SONS INC, JOHN 53.85
1 4002 2,557-19
1 40OZ WILLIAMS, DONALD T l2t768.00
1 4002 WINN NURSERY INC 500-00
1 4002 WINSLOW, JUDY 429-02
1 4002 WOC)I)HOUSE ELECTRIC SUPPLY 3,22-3 -.-07
1 4002 XEROX CORPORATION
1 4002 YATES BUSINESS SYSTEMS 1,271.56
1 4002 ZAMBELLI INTERNATIONALE 8,000.00
1 4002 ZAYREIS DEPARTMENT STORE 455.83
1 4002 47TH STRE-CT COMPUTER 312.00
FUND TOTAL GENERAL FUND 5,927,283.53
"RY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDO.IT
.A
OUTSTANDING.
CIT'r
iC;HOOL FUND VENDOR' ENCUMBRANCE
1 4130 ASPEN PUBLISHERS INC 305.00
1 4130 BENDER, MATTHEW 288.00,
1 4130 WTST PUBLISHING C() 217.00'.
FUND TOTAL LAW LIBRARY FUN6 810.00
i. 4131 (UNKNOWN) CONTRACT MEMO 4,004.21
1 4131 AVEC ELECTPONICS CORP 2,873.50
1 413i EASTERN COMPUTERS INC 7,559.72
1 4131 FLAGHOUSE-INC 36.89
1 4131 G & L MARKETING 4,252.75'
1 4131 K-MART 221.02
1 4131 SEARS 89.91
1 97.39
4131 STANDARD OFFICE SUPPLY a
1 4131 TIDEWATER BUILDERS .00
FUND TOTAL PENDLETON CHILD SERVICE CENTER FUND l9t935.39
1 4132' EXPRESSWAY PRINTERS 971.00
l' 4132 MARVA DATA SERVICES 951.00
1 4132 MICRO MARKETING INTERNIL liOO5.33
1 4132 MILLS, JACK 3,000.00
1 4132 TREND FORMS INC 268.00
1 4132 VIRGINIA IMPRESSION 22-00
FUND TOTAL TIDEWATER VIRGINIA ASAP FUND 6, 217.33
1 4133 FRISBIE, DOUGLAS W 14,767.00
RJND TOTAL AUTOMATED FINGER PRINT ID FUND 14,767.00
1 41@4 (UNKNOWN), CONTRACT MEMO 188,609.98
1 4134 MOTOROLA INC 10,000.00
FUND TOTAL E-911 COMMUNICATION SYSTEM FUND 19-0,609.98
1 4241 (UNKNOWN) CONTRACT MEMO 15,923.78
1 4241 ADVANCED GRAPHICS 345.00
1 4241 ALVORD BURDICK & HOWSON llt427.29
1 4241 AUDIO FIDELITY 2P'080.10
4241 BROOKS TRANSFER a 0,000.00
1 4241 BRUCE FORD, BILL 1,083.75
1 4241 BUCK SEIFERT & JOST INC 97000.00
1 4241 CAMP DRESSER & MCKEE 117,910.00
1 4241 CAPITOL TECHNIGRAPHICS 282.00
1 4241 CIVIL ENGINEERING 825.00
1 4241 COMMONWEALTH TRACTOR AND 700.00
14ARY OF OUTSTANDING PURCHASE ORDERS BY FUND AND VENDOR
@ITY OUTSTANDING
cHOOL FUND VENDOR ENCUMBRANCE
1 4241 COM.PUTERLAND OF HAMPTON 141.80
1 4241 COMPUTERLAND OF VA.BEACH 390.00
DICTAPHONE 40.00
1 4241.
1 4241 E LEFTERS 11,500.00
177.30
-1- 4241 EAGLETONIS INC
1 4241 EAST COAST CORPORATION 26,623.22
1 4241 EASTERN BUSINESS FORMS 760.50
1 4241 EMPIRE MACHINERY & .00
1 4241 FEDERAL MICRO SYSTEMS 533.00
1 4241 G & A DISTRIBUTORS 460.00
1 4241 G & L MARKETING 339.45
1 4241 GERAGHTY & MILLER 3,371.44
1 4241 GOVERNMENT MARKETING 1, 209, -@00'-
1 4241 GOVERNMENT TECHNOLOGY 282.00
1 4241 IMAGINATION SYSTEMS INC 156.oo,
1 4241 INMAC 58.50
1 4241 INTERGRAPH CORPORATION .00
1 4241 KENMORE ENVELOPE COMPANY -.00
1 4241 LANGLEY & MCDONALD PC 2,033.75
1 4241 MACTHRIFT OFFICE .00
L 424L MICKIEWICZ-ROBERTSON 79,968.13
1 4241 MOTOROLA INC 320,391.50
1 42-41 ON.LINE COMPUTERS PLUS 810.00
1 4241 PARKCON INCORPORATED 295.00
1 4241 REGENCY, THE NEW 36,971.69
1 4241 RIDGWAYS .00
1 4241 STANDARD OFFICE SUPPLY 1,500.78
1 4241 TOTAL CONCEPT INC 576.40
1 4241 TRISTAR DATA SYSTEMS 115.00
.1 4241 TRUCK CENTER OF 111,668.66
1 424i TURBITROL COMPANY 303,719.00
1 4241 VERSATEC CORPORATION 71.00
1 4241 VIRGINIA IMPRESSION 870.00
1 4241 VIRGINIA PUBLIC WORKS 6,050.00
1 4241 WACO EQUIPMENT CO INC 11,011.00
1 4241 WILEY .& SONS INC, JOHN .00
1 4241 WILSON ASSOCIATES, JOHN J 570.00
1 4241 47TH STREET COMPUTER 301.00
FUND TOTAL 982,536.04
1 4243 (UNKNOWN) CONTRACT MEMO 75,000.00
1 4243 ARBILL INCORPORATED 143.88
1 4243 ASSOCIATED PRINTING CO 1,150.20
1 4243 BURTON LUMBER CORPORATION 70.60
1 4243 G & S EQUIPMENT CO INC 8,895.00
4243 GOOD, JACK .00
4243 LESCO INC 17140.35
,;ITY OUTSTANDING
SCHOOL FUND VENDOR ENCUMBRANCE
1 4243 NATIONAL WELDERS SUPPLY 202.00
1 4243 PRO-LAWN PRODUCTS 914.28
1 4243 RICHMOND POWER EQUIP CO 5,022.90
1 4243 SEARS 42.28
1 4243 STEVENSON FORD 15,458.58
1 4243 TODD FARM EQUIPM@NT INC 7,700.00
1 4243 UNITED TURF INC 3,510.00
FUND TOTAL GOLF COURSE ENTERPRISE FUND 119, 250 -;07,-
4251 DILLARD PAPER COMPANY 153 .25
FUND TOTAL MARINE SCIENCE MUSEUM GIFT FUND 153 .25
CITY OUTSTANDING
SCHODL FUND- VENDDR
ENCUABRANCE
4504 DI CK COMPANY, A-B 545.12
4504 FRANKLIN ESTIMATING
725.00
4504 G,& L MARKETING 301.20
1 4504 GRAPHICO .INC 1,187.8 .I
1 4504 P C SOURCE 380.00
I 4504 PITNEY@ BOWES. 19158.40
4504 PRINTERS SUPPLY CO INC
2,057.47
4504' RIS PAPER COMPANY 2t884.03
4504 RDYAL BUSINESS MACHINES 2,OA4 55
I 4504 RUSH ELECTRONICS 469.00
1 4504 STANDARD OFFICE SUPPLY
205.00
1 4504 UNIJAX INCORPORATEO 17881.62
4504 VIRGINIA GRAPHIC 1,515.06
I 4504 V.IRGINIA PAPER CO 179489.40
4504 WILCOX WALTER FURLONG 2,044.32.
1 4504, XEROX CORPBRATION 520.54
1 4504 47TH STREET COMPUTER 145.00
FUND TOTAL PRINT SHOP INTERNAL SERVICE FUND 35,543.46
1 4506 BATTERY OUTLET INC 29,557.54
1 4506 BIG A AUTO PARTS 668.45
1 4506 CLAY EQUIPMENT CO INC,M 3,150'.00'
1 4506 EMPIRE MACHINERY & 648.09
1 4506 G & L MARKETING .00
4506 KORMAN SIGNS INC 3,150.00.
4506, MCKENZIE CONSTRUCTION 34,788.00
1 4506 MILLER COMPANY., THE 30,000.00
1 4506 MOTOROLA INC
780.06
1 4506 NATIONAL WELDERS SUPPLY, 1,723.57
1 4506 SPENCE AIA, MELVIN M 650.00
1 4506 STANDARD FORMS INC .00
1 4506 TRI-CITY HYDKAULIC CO
I 5,600-00
4506 VIRGINIA IMPPESsrON 289.90
FUND TOTAL CITY GARAGE INTERNAL SERVICE FUND 111, 005 -55
1 4507 G .9 A DISTRIBUTORS 674-10
1 4507 GAB BUSINESS SERVICES INC 3,400.02
1 4507 STANOARD BFFICE SUPPLY' .00
FUND TOTAL RISK MANAGEMENT INTEn'AL SERVI.CE FUND 4YO74.12
4508 , (UNKNOWN) CONTRACT MEMO, 25,000,..00-,
4508 ACME VISIBLE RECORDS 127.22
I
4508 COMMUNICATIONS .00
4508 CONTEL
7,361.01
L 4508 CUSTOM BUSINESS GRAPHICS 51O.'96
1 4508 GRIFFIN P C, FREDEKICKG
7,580.00
1 4508 VIRGINIA TELEPHONE
FUND TOTAL 1,9@4.00
TELECOM. INTERNAL SERVICE FUND 42v5l3.19
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- 35 -
Item IV-I-5
ORDINANCES ITEM # 28059
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED upon FIRST READING:
Ordinances to accept and appropriate a total of
$19,268,929 for FY 187-188 School Board Grants and
Enterprise Funds:
a. Textbook Rental Fund Budget - $1,348,801
b. School Programs funded by Special
Categorical Grants - $8,211,255
c. School Cafeteria Enterprise
Fund Budget - $9,708,873
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Prior to the vote, in accordance with the CONFLICT OF INTEREST LAW, Councilman
Moss, acknowledged his wife is employed by the Virginia Beach School System. As
this has no material bearing on the vote cast, Councilman Moss may vote on this
particular item.
Councilman Perry requested assurance regarding further information relative
BOOK RENTALS, BOOK PURCHASES AND INTEREST ON DEPOSIT.
z
r
z
0
v I .1
0
AN ORDINANCE TO APPROPRIATE FUNDS OF
$1,348,801 FOR THE FY 1987-88 SCHOOL
TEXTBOOK RENTAL FUND BUDGET
0
WHEREAS, the Attorney General of Virginia has opined that School
Board expenditures of funds generated by the rental of textbooks require an
appropriation of the local governing body, and
WHERF-AS, the Virginia Beach School Board has a textbook rental
plan whereby rental income is deposited in a textbook rental fund and purchases
of textbooks and other related expenses are paid from this fund, and
WHEREAS, the School Board has submitted a Textbook Rental Fund
budget for FY 1987-88 in order to comply with the Attorney General's opinion, and
WHERFAS, the Textbook Rental budget approved by the School Board
included total revenues of $1,348,801 and total disbursements of $1,348,801 for
fiscal year 1987-88.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $1,348,801 be appropriated for a School
Textbook Rental Fund budget in the manner approved by the School Board.
BE IT FURTHER ORDAINED that this appropriation be financed by
Estimated Revenues of $1,348,801 in the School Textbook Rental Fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1987.
FIRST READING: September 21, 1987
SECOND READING:
PWC WP2/SCHLS117
AN ORDINANCE TO APPROPRIATE FUNDS OF
$8,211,255 FOR CITY OF VIRGINIA BEACH
SCHOOL PROGRAMS FUNDED BY SPECIAL
CATEGORICAL GRANTS FOR SCHOOL YEAR 1987-88
WHEREAS, the Virginia Beach School Board has been notified that it
will receive funds of $8,211,255 through special state and federal categorical
grants for the school year 1987-88, and
WHEREAS, these funds were not included in the FY 1987-88 School
Operating Budget approved by City Council, and
WHEREAS, the School Board approved this funding and requests that
City Council appropriate these funds, and
WHEREAS, it is desirable and necessary for the City Council to
appropriate these funds prior to the expenditure itself.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $8,211,255 be appropriated for school
purposes for FY 1987-88.
BE IT FURTHER ORDAINED that this appropriation be financed by
$311,000 estimated revenue from the Commonwealth and $7,900,255 estimated revenue
from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local match.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1987.
FIRST READING: September 21, 1987
SECOND READING:
PWC WP2/SCHLS116
AN ORDINANCE TO APPROPRIATE FUNDS O'F
$9,708,873 FOR THE FY 1987-88 SCHOOL
CAFETERIA ENTERPRISE FUND BUDGET
WHEREAS, the Attorney General of Virginia has opined that School
Board expenditures of funds generated by the sale of cafeteria meals require an
appropriation of the local governing body, and
WHERF-AS, the Virginia Beach School Board has a cafeteria meal
program whereby meal income is deposited in a cafeteria enterprise fund and
purchases of food and other related expenses are paid from this fund, and
WHEREAS, the School Board has submitted a Cafeteria Enterprise
Fund budget for FY 1987-88 in order to comply with the Attorney General's
opinion, and
WHEREAS, the Cafeteria Enterprise Fund budget approved by the
School Board included total revenues of $9,708,873 and total disbursements of
$9,708,873 for fiscal year 1987-88.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA that funds of $9,708,873 be appropriated for a School
Cafeteria Enterprise Fund budget in tbe manner approved by the School Board.
BE IT FURTHER ORDAINED that this appropriation be financed by
Estimated Revenues of $9,708,873 in the School Cafeteria Enterprise Fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1987.
FIRST READING: September 21, 1987
SECOND READING:
PWC WP2/SCHLS250
VIRGINIA BEACH CITY PUBLIC SCHOOLS
STATE AND FEDERAL CATEGORICAL GRANTS
AND THE
TEXTBOOK RENTAL FUND
1987-88
Financial Services
July 15, 1987
STATE AND FEDERAL CATEGORICAL GRANTS
Several instructional activities supplement the regular program and are funded
by special state or federal grants. These grants cannot be used to supplant local
funding for current programs.
The fund sources, titles, and accounts of grants anticipated for 1987-88 are
shown below. Subsequent pages contain the budgets for those grants.
Fund Source Category Grant Amount Pages
Federal 4116 12015 Chapter I 87-88 $2,870,970.00 2-3
Federal 4116 12028 Drug Free Schools & Comm. 120,820.00
Federal 4116 12016 Chapter I C/0 86-87 2,213,136.00, 4-5
Federal 4116, 12029 Drop Out Prevention 8,210.00
Federal 4116 12026 Preschool Incentive 33,132.00 6-7
State 4116 12045 Remedial Education 300,000.00 8-9
Federal 4116 12051 Chapter II C/0 86-87 14,089.oo 10-11
Federal 4116 12052 Chapter II 87-88 355,944.00 12-13
Federal 4116 12055 Title VIB P.L. 94-142 1,540,351.00 14-15
Federal 4116 12056 Title VIB P.L. 94-142 656,886.00 16-17
C/0 86787
Federal 4116 12065 Title VIC P.L. 89-@313 3,661.00 18-19
Federal 4116 12074 A.B.E. Grant P.L. 91-230 15,775.00 20-21
310 87-88
Federal 4116 12075 Transition Program for 16,685-00 22-23
Refugee Children
Federal 4116 12076 A.B.E. Grant P.L. 91-230 11,788.00 24-25
310 C/0 86-87
State 4116 12077 Graduation Requirement 5,000.00 26-27
Program
State 4116 12078 Retention Pilot Program 6,000.00 28-29
Federal 4116 12079 Title II EESA C/0 86-87 29,804.00 30-31
Teacher Instruction
Federal 4116 12080 Title II EESA C/0 86-87 9,004,oo 32-33
Student Participation
Total Federal and State Categorical Grants $8,211,255f)O
TEXTBOOK RENTAL FUND
The Textbook Rental Fund is an enterprise fund with a total budget for
1987-88 of $1,348,801.00. Budgeted expenditures and sources of revenue are
shown on pages 34, 35, and 36.
2
VIRGINIA BEACH CITY PUBLIC SCHOOLS
CHAPTER I
Line
Item Description
The basic purpose of this program is to provide personnel and materials
for children who need reinforcement in reading and math. There are 23
schools participating in the program.
Administration
108 Staff Positions - 2 - Coordinator & Program Evaluator
110 Clerical Positions - 2
220 In-city Travel for Coordinator & Program Evaluator
319 Paper and printing costs for office of coordinator, membership in EFRC
(Educational Funding Research Council)
Instruction
135 Full-time Teachers 40; Instructional Specialists - 2; Substitutes' pay
150 Supervisors - 2
Other Instructional Costs
136 Instructional Aides - 56 full-time
220 In-city Travel for Eligible Instructional Personnel and Evaluator
236 Teacher Instructional Conferences & Workshops
299 Costs Related to Evaluation and Testing of Student.s & Parent Advisory Councils
305 Instructional Supplies for Classro6ms
Maintenance of School Plant
215 -Operation of School Plant-
290 Maintenance Service on Machines and Rental of Systems 80 Machines
Fixed Charges
295 Employer's Share of Social Security, State Retirement, State Employee
Insurance, and Hospitalization
Capital Outlay
403 Instructional Equipment as Needed
1987-88 FEDERAL PROJECTS
4116 12015 Chapter 1 128-88-1 (87-88)
01080-0000 Comp. Coordinator $ 83,600.00
01100-0000 Comp. Clerical Personnel 32,400.00
01350-0000 Comp. Teachers 1,170,97n.oo
01360-QOOO Comp. Teacher Aides 540,000.00
01500-0000 Comp. Supervisors 80,000.00
02150-0000 Operation of Plant 15,000.00
02200-0001 Travel/Administration 3,000.00
02200-0002 Travel/Instruction 3,000.00
02360-0000 Professional Improvement 15,000.00
02900-0000 Contract Maintenance Services 15,000.00
02950-0000 Emp. Contr. Fringe Benefits 518,000.00
02990-0001 Evaluation/Instruction 35,000.00
02990-0002 Community Services 30,000.00
03050-0000 Instructional Supplies 250,000.00
03190-0000 Office Supplies 5,000.00
.04030-0000 Furniture & Equipment 75,000.00
Total $2,870,970.00
1987-88 FEDERAL PROJECTS
4116 12016 Chapter 1 128-87-3 (Carry-Over 1986-87)
01080-0000 Comp. Coordinator $ 73,600.00
01100-0000 Comp. Clerical Personnel 26,400.00
01350-0000 Comp. Teachers 940,000.00
01360-0000 Comp. Teacher Aides 325,000.00
01500-0000 Comp. Supervisors 80,000.00
02150-0000 Operation of Plant 5,000.00
02200-0001 Travel/Administration 1,000.00
02200-0002 Travel/Instruction 11000.00
02360-0000 Professional Improvement 5,000.00
02900-0000 Contract Maintenance Service 5,000.00
02950-0000 Emp. Contr. Fringe Benefits 407,635.77
02990-0001 Evaluation/Instruction 30,000.00
02990-0002 Community Services 10,000.00
03050-0000 Instructional Supplies 200,000.00
03190-0000 Office Supplies 3,000.00
04030-0000 Furniture & Equipment 100,500.00
Total $2,213,135.77
1987-88 FEDERAL PROJECTS
4116 12026 Preschool Incentive Grant
01050-0000 Consultants $ 300.00
01350-0000 Comp. Teachers 2,750.00
02360-0000 Professional Improvement 689.00
02990-0000 Other Instr. Costs 4,750.00
03050-0000 Instructional Supplies 18,451.00
04030-0000 Furniture & Equipment 6,192.00
Total $33,132.00
1987-88 FEDERAL PROJECTS
4116 12028 Drug-Free School & Communities Act (87-88)
01050-0000 Consultants $ 3,000.00
01110-0000 Comp. Teacher Workshops 2,800.00
01350-0000 Comp. Teachers 30,500.00
02360-0000 Professional Improvement 3,726.00
02950-0000 Emp. Contr. Fringe Benefits 81577.00
02290-0000 Other Instructional Costs 22,000.00
03050-0000 Instructional Supplies 42,905.00
03260-0000 Public Relations 3,000.00
04030-0000 Furniture & Equipment 4,312.00
Total $120,820.00
1987-88 FEDERAL PROJECTS
4116 12029 Drop-Out Prevention (87-88)
01050-0000 Consultants $ 500.00
01110-0000 Comp. Teacher/Cnslr. Workshops 51010.00
02360-0000 Professional Improvement 500.00
03050-0000 Instructional Supplies 1,075.00
04030-0000 Equipment 1,125.00
Total $8,210.00
1987-88 FEDERAL PROJECTS
4116 12045 Remedial Education
01350-0000 Comp. Instructional Personnel $160,000.00
01360-0000 Comp. Teacher Aides 90,000.00
02950-0000 Emp. Contr. Fringe Benefits -50,000.00
Total $300,000.00
1987-88 FEDERAL PROJECTS
4116 12051 Chapter II 128-C2-87 (Carry-Over 1986-87)
01350-0009 Comp. Teachers/Foreign Language $11,975.00
02990-0003 Other Instr. Costs/Art Education 11519.00
03050-0009 Instr. Supplies/Foreign Language 380.00
03050-0010 Instr. Supplies/Private School 215.00
Total $14,089.00
1987-88 FEDERAL PROJECTS
4116 12052 Chapter II 128-C2-88 (87-88)
01050-0004 Consultants/Music Appreciation $ 22,000.00
01050-0010 Consultants/Authors in Schools 11,280.00
01080-0002 Comp. Professional Personnel/ 51,003.00
Community Relations
01080-0008 Comp. Professional Personnel/ 47,980.00
Gifted and Talented
01100-0002 Comp. Clerical Personnel/ 33,144.00
Community Relations
01100-0009 Comp. Clerical Personnel/ 58.00
Proficiency Standards
011,10-0003 Teacher Workshop/Architecture 400.00
in Virginia Beach
01350-0007 Comp. Teachers/Education for 31,135.00
Employment
01350-0011 Comp. Teachers/Promoting Positive 7,040.00
Self-Concept
01360-0001 Comp. Teacher Aides/Writing to Read 7,384.00
01990-0002 Comp. Other Personnel/ 45,744.00
Community Relations
02200-0007 Travel/Educ. for Employment 650.00
02360-0003 Professional Improvement/ 600.00
Architecture in Virginia Beach
02360-0007 Professional Improvement/ 100.00
Education for Employment
02950-0002 Fringe Benefits/Comm. Relations 34,836.00
02950-0007 Fringe Benefits/Education for 8,503.00
Employment
02950-0008 Fringe Benefits/Gifted & Talented 12,951.00
4116 12052 Chapter II 128-C2-88 (87-88) Continued
02990-0005 Other Instructional Costs/ 17,000.00
Shakespeare Performance
02990-0006 Other Instructional Costs/ 8,000.00
Creative Adventures
03050-0001 Instructional Supplies/ 11500.00
Writing to Read
03050-0003 Instructional Supplies/ 550.00
Architecture in Virginia Beach
03050-0007 Instructional Supplies/Education 1,612.00
for Employment
03050-0009 Instructional Supplies/ 446.00
Proficiency Standards
03050-0010 Instructional Supplies/Authors 11000.00
in Schools
03050-0011 Instructional Supplies/Promoting 200.00
Positive Self-Concept
03050-0012 Instructional Supplies/ 4,861.45
Private Schools
04030-0013 Equipment/Private Schools 5,966.55
Total $355,944.00
1987-88 FEDERAL PROJECTS
4116 12055 Title VI-8, P.L. 94-142
01100-0000 Comp. Clerical Services $ 14,500.00
01130-0000 Comp. Psychologists, etc. 205,000.00
01350-0000 Comp. Teachers 645,000.00
01360-0000 Instructional Aides 85,000.00
01400-0000 Comp. Teachers 128,000.00
01500-0000 Comp. Instr. Specialists 84,136.00
01830-0000 Comp. Bus Drivers 75,273.00
02950-0000 Emp. Contr. Fringe Benefits -303,442.00
Total $1,540,351.00
1987-88 FEDERAL PROJECTS
4116 12056 Title VI-B, P.L. 94-142 (Carry-Over 1986-87)
01100-0000 Comp. Clerical Services s 8,000.00
01130-0000 Comp. Psychologists, etc. 54,000.00
01350-0000 Comp. Teachers 286,000.00
01360-0000 Instructional Aides 45,000.00
01400-0000 Comp. Teachers 75,000.00
01500-0000 Comp. Instr. Specialists 35,000.00
01830-0000 Comp. Bus Drivers 30,000.00
02950-0000 Emp. Contr. Fringe Benefits 123,886.05
04010-0000 School Buses - 0 -
04030-0000 Furniture & Equipment - 0 -
Total $656,886.05
1987-88 FEDERAL PROJECTS
4116 12065 Title VI-C, P.L. 89-313
03050-0000 Instructional Supplies $3,361.00
04030-0000 Furniture & Equipment 300.00
Total $3,661.00
1987-88 FEDERAL PROJECTS
4116 12074 Adult Basic Education - 91-230-310
01050-0000 Consultants $ 120.00
01100-0000 Comp. Clerical 500.00
01350-0000 Comp. Teachers lOi650.00
02360-0000 Professional Improvement 550.00
02950-0000 Fringe Benefiis 793.65
03050-0000 Instructional Supplies -3,161.09
Total $15,774.74
1987-88 FEDERAL PROJECTS
4116 12075 Transition Program For Refugee Children
01080-0000 Comp. Coordinator $ 900.00
01100-0000 Comp. Clerical Personnel 350.00
01350-0000 Comp. Instructional Personnel 7,000.00
01840-0000 Comp. Custodian 225.00
02950-0000 Emp. Contr. Fringe Benefits 610.00
03050-0000 Instructional Materials 7,599.59
Total $16,684.59
1987-88 FEDERAL PROJECTS
4116 12076 Adult Basic Education - 91-230-310 (Carry-Over 1986-87)
01050-0000 Consultants $ 180.00
01100-0000 Comp. Clerical 1,040.00
01350-0000 Comp. Teachers 6,843.33
02360-0000 Professional Improvement 449.56
02950-0000 Emp. Contr. Fringe Benefits 563.30
03050-0000 Instructional Supplies -2,711.95
Total $11,788.14
1987-88 FEDERAL PROJECTS
4116 12077 Graduation Requirement Program
01050-0000 Consultants $ 500.00
02990-0000 Other Instr. Costs 500.00
03050-0000 Instructional Supplies 2,000.00
04030-0000 Furniture & Equipment 2,000.00
Total $5,000.00
1987-88 FEDERAL PROJECTS
4116 12078 Retention Pilot Program
01100-0000 Comp. Clerical Personnel $2,000.00
02990-0000 Other Instr. Costs 2,000.00
03050-0000 Instructional Supplies 2,000.00
Total $6,000.00
1987-88 FEDERAL PROJECTS
4116 12079 Title II E.E.S.A. - P.L. 98-377 (Carry-Over 1986-87)
02360-0000 Professional Improvement $29,804.28
Total $29,804.28
1987-88 FEDERAL PROJECTS
4116 12080 Title II E.E.S.A. - P.L. 98-377 (Carry-Over 1986-87)
01050-0000 Consultants $ 500.00
01080-0000 Comp. Other Prof. Personnel 1,460.00
01350-0000 Comp. Teachers 2,856.00
01700-0000 Comp. Substitute Teachers 720.00
02360-0000 Professional Improvement 1,322.34
02950-0000 Fringe Benefits 576.00
02990-0000 Other Instr. Costs 360.00
03050-0000 Instructional Supplies 1,210.00
Total $9,004.34
FEDERAL PROGRAM
-1987-88
REVENUE
Fund 4116
12015 Chapter 1 87-88 3116-3-4-22-18
12016 Chapter I C/0 86-87 3116-3-4-22-24
12026 Preschool Incentive 87-88 3116-3-4-22-22
12045 Remedial Education 87-88 3116-2-4-22-20
12051 Chapter II C/0 86-87 3116-3-4-22-25
12052 Chapter II 87-88 3116-3-4-22-17
12055 Title VIB 94-142 87-88 3116-3-4-22-16
12056 Title VIB 94-142 C/0 86-87 3116-3-4-22-26
12065 Title VIC PL 89-313 87-88 3116-3-4-22-11
12074 A.B.E. Grant - 310 87-88 3116-3-4-22-02
12075 Transition Program for Refugee Children 3116-3-4-22-12
12076 A.B.E. Grant - 310 C/0 86-87 3116-3-4-22-28
12077 Graduation Requirement Program 3116-2-4-22-32
12078 Retention-Pilot Program 3116-2-4-22-33
12079 Title II EESA C/0 86-87 (Teachers) 3116-3-4-22-23
12080 Title II EESA C/0 86-87 (Students) 3116-3-4-22-27
FOOD SERVICE BUDGET
1987-88 SCHOOL YEAR
JUNE 1987
PREPARED BY
FOOD SERVICE SECTION
UNDER THE DIRECTION OF THE DEPARTMENT OF
SUPPORTIVE SERVICES
I
The Virginia Beach City Public Schools' Food Service operation in
accounting terms is considered an enterprise fund. The operation
functions with income received from students, faculty and staff,
federal and state subsidies for meals served, interest earned on
reserve funds and donated United States Department of Agriculture food
commodities. The Virginia Beach City Public Schools served over six
mil.lion student lunches in the 1986-87 school year. This figure is
approximately 6,000 a day more than the 1984-85 school year and 3,000
a day more than the 1985-86 school year. The total food service
operation is self-supporting and central office control is exercised
to maintain a soun(i financial stability. Your staff in our Food
Service operation employs the same business techniques that any food
service business would use that must survive on sales. we are
strengthening our market position by continuously evaluating the
students' preference of new products and ideas. It is our belief that
there is no substitute for quality when you are dealing with food. It
is also our belief, that the nutritional 'needs of the students can be
maintained and at the same tinie we can have a program that has the
students fully participating in.
The school system operates under the National School Lunch
Program as prescribed by the United States Departnent of Agriculture.
The regulations established by the federal government set nutritional
standards for all students that must be maintained, and guidelines
that must be followed to feed economically needy families in our
coLnmunity.
As you know, the School System was reviewed in February by the
State Administrative Review Team. The Food Service operation was one
of the areas reviewed for compliance with state and federal
regulations. The results of this review pointed out that there were
no areas of noncompliance, as well as no citation in the exception
category. The Virginia Beach City Public Schools, as well as the Food
Service section, should be proud of the results of the Administrative
Review.
The magnitude of the Food Service operation cannot be fully
realized until some product usage is given. The cafeterias use
monthly 7,200 heads of lettuce and 27,000 fresh oranges. Over 800,000
1/2 pints of milk are served during a month's time. In an average
month, over 133,000 servings of pizza are used, as well as 182,000
servings of chicken patties. The kitchens cook and serve over 92,000
pounds of french fries per month. As you can see this operation is a
considerabl-- size business and we do not foresee any change that will
affect the growth in the future.
Over the last five or six years, the current administration has
proposed major cutbacks in federal subsidies to the child nutrition
programs. We have seen that year after year the congress decided that
tbese cuts were not in the best iriterest of people of the United
States. It is our belief that, recognizing the support in which th--
federal Drograms received this year from congress, we will continue to
receive federal support at present levels for the next school year.
The Virginia Beach City Puolic SchoOls' Food Service Budg--t
recommendation for 1987-88 is $9,708,873.68, which is a seven percent
increase froin the 1986-87 Food service operating Budget. The budget
being proposed today recommends that all present prices for student
meals for the 1987-88 school year remain at the same level as 1986-87.
The following is a chart showing the cost of school lunches beginning
with the -974-75 school year.
ET.FMF.NTARY SECONDARY ADULT
1974-75 .35 .40 .50
1975-76 .40 .45 .50
1976-77 .40 .45 .50
1977-78 .40 .45 .50
1978-79 .40 .45 .75
1979-80 .45 .50 1.00
1980-81 .55 .60 1.00
1981-82 .65 .75 1.00
1982-83 .65 .75 1.00
1983-84 .60 .70 1.00
1984-85 .60 .70 1.00
1985-86 .65 .75 1.20
1986-87 .65 .75 1.20
It is a proven fact that nutrition plays an integral part in the
learning process. It has been and will always be an important aspect
of the school day in the Virginia Beach City Public Schools.
ESTIMATED REVENUE
1987-88 SCHOOL YEAR
Student Meals 3,543,809.55
Federal & State Reimbursements 2,472,313.48
Donated U.S.D.A. C(Infnodities 793,735.71
A La Carts and Adult Sales 2,428,014.94
Revenue From Other Sources 471,000.00
TOTAL REVENUE 9,708,873.68
ESTIMATED REVENUE
A la Carte & Adult Sa es
2 5 %
Federal @ State Reirftbursemen
2 S . 4 %
s
Student Meals
3 6 . 5 %
DONATED U.S.D.A. COMMODITIES
Total Projected Levcl of AsSistance Value
For School Year 1987-88 in U.S.D.A. Donated
Commodities and Anticipated Bonus Iterns As
Specified by the State Department of
Agriculture 793,735.71
A LA CARTE & ADULT SALES
Projected A La Carte Sales 1987-88: 1,969,253.74
Projected Adult Meals 1987-88: 382,301
Adult Meal Price: 1.20
Total Projected Adult Sales: 458,761.20
PROJECTED TOTAL A LA CARTE & ADULT SALES: 2,428,014.94
REVENUE FROM OTHER SOURCES
Projected Interest Income: 120,000.00
Projected U.S.D.A. Commodity Refunds: 290,000.00
Projected Revenue from Special Events: 61,000.00
PROJECTED TOTAL REVENUE FROM OTHER SOURCES: 471,000.00
TOTAL PROJECTED INCOME FOR 1987-88: 9,708,873.68
SCHOOL YEAR 1987-88
FOOD SERVICE OPERATING BUDGET
ESTIMATED EXPENDITURES
12 0 5 0
LOCAL STATE ITEM APPRC)PRIATION
8 12060-123 Supervisor 169,096.00
10 12060-123 Office Personnel 80,078.00
9 12060-123 Cafeteria Managers 867,529.00
11 12060-123 Staff 2,033,150.00
15 12 0 6 0 -12 3Substitutes 7 0 , 46 4 . 7 7
207 12060-207 Utilities 26,258.13
218 12060-218 Postage & Phone 14,298.67
220 12060-220 Travel 250.00
236 12060-236 Professional Improvement 5,000.00
299 12060-299 Other Expenses 216,725.00
1. Audit 6,725.00
2. Storage 40,000.00
3. Other 170,000.00
306 12060-306 Cleaning Supplies 62,000.00
319 12060-319 Office Supplies 4,000.00
399 12060-399 Foods 5,210,673.71
1. Purchased 4,416,938.00
2. U.S.D.A. 793,735.71
215 12061-2@5 Repair & Replacement 165,000.00
1. Repair 65,000.00
2. Replacernent 100,000.00
295 12070-295 Employee Benefits 758,989.47
1. V.S.R.S. 296,400.15
2. State Life Insurance 31,575.35
3. Social Security 234,613.97
4. Hospitalization 176,400.00
5. Workman's Compensation 20,000.00
403 12090-403 Furniture & Equipment 25,360.93
TOTAL 9,708,873.68
ESTII'ATED EXPENDITURES
Furiiiture
. 0 0 2 3 %
Repair &
Replacemen
.0169%
Employee Personnel Services Cleanin
Benefits .3317% Supplie
7 8 2 6@@%
D.A. Commodities
.0817%
Purchased Food
4 5 5 0 %
ce
utiliti lies
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.0016'@, Improvement
.OOOS%
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34
1EXTBOOK RENTAL FUND
On May 30, 1973, the Virginia Beach City School Board instituted a
textbook rental plan for elementary school students. Rental income was
deposited in a textbook rental fund and purchases of textbooks and other
related expenses were paid from this fund. In 1980-81, as the solvency
of the fund was assured, the rental plan was expanded to include junior
high school students. Beginning with the 1982-83 school year, the
rental plan was again expanded to include senior high school students.
With the latest expansion, the textbook rental fund was converted to an
enterprise fund. Basically, this fund derives its income from the
rental of textbooks and from funds on deposit with the City Treasurer.
All expenses directly related to the program are paid from the fund.
The fund must be operated so as to remain self sufficient.
Ouring the fall of 1982, the Attorney General opined that local
governing bodies should appropriate textbook rental funds, whether or
not local taxes are not required to sustain the operation. This budget
is submitted in compliance with the Attorney General's opinion. Public
tax monies are utilized ($128,000) in this budget.
The rate for students in grades one and two is $13.00 per year; for
grades three, four, and five $14.00 per year; for grade six $15.00 per
year. Seventh grade students in elementary schools pay $19.00 per year.
Junior and senior high school students will pay $6.25 per course, up to
a maximum of $31.00.
The cost of new textbooks has increased significantly in recent
years, and cash reserves and School Board support will be needed to
balance this budget. New adoptions in future years could further
deplete the reserve and necessitate either further increases in rental
fees or increased subsidy from the school operating budget.
35
VIRGINIA BEACH CITY PUBLIC SCHOOLS
TEXTBOOK RENTAL FUND
Line
Item Description
Revenue
I Receipts from elementary rental fees
2. Receipts from junior high rental fees
3 Receipts from senior high rental fees
4 Receipts from textbooks purchased from depository
5 Interest earned on funds on deposit
6 Amount from reserve needed to replace textbooks because of depreciation
and other losses
7 Transferred from school operating fund
Disbursements
110 Clerical position - 1
199 Textbook clerk and deliveryman
215 Reserve for depreciation and replacement of textbooks
295 Employer's cost for fringe benefits--retirement, life insurance, social
security, and hospitalization
299 Cost for auditing and preparing reports on textbook fund
304 Cost of all non-consigned textbooks bought from publisher
305 Cost of all consigned textbooks bought from publisher
319 Cost for materials related to textbooks
398 Cost of oil, gas, electricity, freight, telephones, etc.
36
VIRGINIA BEACH CITY PUBLIC SCHOOLS
PROJECTED EXPENDITURES
1987-88
TEXTBOOK RENTAL FUND
Line 1985-86 1986-87 1987-88
Item Title Budget Budget Budget
Revenue -- 3117
1 Elementary Rental - 150259 $ 420,500.00 $ 464,750.00 $ 436,500.00
2 Junior High Rental - 150260 213,600.00 225,500.00 310,000.00
3 Senior High Rental - 150261 285,500.00 322,500.00 352,000.00
4 Purchases - 162202 40,500.00 50,000.00 53,200.00
5 Interest Earned - 150101 95,000.00 60,250.00 23,500.00
6 Prior Years Reserved 840,209.00 1,465,040.00 45,601.00
Retained Earnings
7 Transfers, Operating Budget - -0- -0- 128,000.00
162202
TOTAL REVENUE $1,895,309.00 $2,588,040.00 $1,348,801.00
Disbursements - 4117-12099
110 Comp. Clerical $ 12,312.00 $ 13,584.00 $ 14,500.00
199 Comp. Textbook Clerks 33,552.00 36,456.00 38,300.00
215 Reserve to Replace Textbooks 955,480.00 375,000.00 382,221.00
295 Fringe Benefits 13,265.00 14,500.00 15,375.00
299 Audit Services 4,000.00 4,000.00 3,500.00
304 Non-consigned Publishers 51,000.00 35,500.00 30,650.00
305 Consigned Publishers 813,000.00 2,100,000.00 855,000.00
319 Printing and Paper Goods 3,200.00 1,500.00 1,200.00
398 Operation of Textbook Fund 9,500.00 7,500.00 8,055.00
TOTAL DISBURSEMENTS AND
TRANSFERS TO RESERVE $1,895,309.00 $2,588,040.00 $1,348,801.00
- 36 -
Item IV-I.6.
ORDINANCES ITEM # 28060
William Clark, Superintendent of Animal Control, advised Vice Mayor Oberndorf
this Ordinance would reflect a discretionary call. The City is averaging
approximately 800 dog bites a year. This Ordinance would represent 1% of all
the dog bites inflicted. The animal control officer would have to get
permission from Mr. Clark or his supervisor before the dog is picked up and
the people are charged to go to court. The people in the neighborhood would
have to come to Court and testify as to the problems in relation to the dog.
Assistant City Attorney Bill Byman advised the basic purpose of the Ordinance
was to bring biting or attacking a person without provocation up to the level
so far as action that could be taken with continuous or untimely barking or
molesting passersby In other words, this befitted actually a more serious
type of incidence.
Vice Mayor Oberndorf read into the record the letter from Elizabeth Sills in
support of said Ordinance. Elizabeth Sills advised she had faith in William
Clark's and William Byman's judgment.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 5-9 of the
Code of the City of Virginia Beach, Virginia,
pertaining to vicious animals.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Ileischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Baum believed the City Staff should review the possibility of making
the accusers' names public relative complaints to Permits and Inspections and
various departments concerning other citizens.
36a -
APPROVED AS TO LEGAL
gull ANDFORM
till i-c
Y ATT6@Ey-
AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 5-9 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO VICIOUS ANIMALS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5-9 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 5-9. Nuisance animals generally.
13 (a) No owner shall fail to exercise proper care and
14 control of his animals to prevent them from becoming a public
15 nuisance. Excessive, continuous or untimely barking, molesting
16 passersby, biting or attacking any person without provocation on
17 one or more occasions, chasing vehicles, habitually attacking
18 other domestic animals, trespassing upon school grounds or
19 trespassing upon private property in such manner as to damage
20 property, shall be deemed a nuisance. Repeated running at large
21 after citation of an animal's owner or custodian by any animal
22 control officer or police officer shall also be deemed a
23 nuisance.
24 (b) Any person owning or having in his possession or
25 under his control any animal constituting a nuisance shall be
26 summoned before the general district court of the city to show
27 cause why such animal should not be confined, disposed of or
28 removed or the nuisance otherwise abated and, upon proof that the
29 animal constitutes a public nuisance, the animal in question
30 shall, by order of the general district court of the city, either
31 be confined, disposed of or removed or the nuisance otherwise
32 abated as such court shall order. It shall be unlawful and shall
33 constitute contempt of court for any person to harbor or conceal
34 any animal which has been ordered disposed of or removed by the
35 general district courtt, or to fail to confine or restrain an
36 animal when such an order has been entered by the court.
37 (c) If the animal control warden or his duly
38 authorized agent has reason to believe that any animal has,
- 36b -
39 without provocation, attacked or bitten any person, said animal
40 may be taken into custody and confined by the bureau of animal
41 control pending determination by the courts pursuant to this
42 section.
43 fet (d) Any person who owns any dog, cat or other
44 animal that has been adjudged a nuisance pursuant to this
45 section by the general district court and who appeals that
46 decision to the circuit court shall be responsible for the fees
47 connected with the impounding of the animal by the bureau of
48 animal control. If on appeal the circuit court determines that
49 the dog, cat or other animal is not a nuisance, no such fees for
50 the impounding of the animal shall be imposed.
51
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the 21st day of September 1987.
54
55 WEB/epm
56 0 8/26/8 7
57 0 8/28/87
58 CA-02406
59 \ordin\proposed\05-009.pro
60
61
2
- 37 -
Item IV-I.7.
ORDINANGFIS ITEI,4 # 28o6i
The City Manager advised according to an Agreement in 1987 between Virginia
Beach and the City of Norfolk, anytime the City of Norfolk raises their rates
they have the right to pass along the rate increase up to that amount. The
City Manager had provided City Council with a comparison for Fiscal Year 1988
and Fiscal Year 1989 as to the average water consumption and what the average
increase would be for both the average water bill, the mean water bill and, of
course, the retail water rate.
The City Manager further advised with the average water consumption of 6,000
gallons per month, the difference would be a $1.08 increase, which is a 7.6%
increase, based on the August 1, 1987, water rates.
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED,
Ordinance to AMEND and REORDAIN Section 37-47 of
the Code of the City of Virginia Beach, Virginia,
pertaining to water rates.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
37a
z
0
z
<
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 37-47 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO WATER RATES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 37-47 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 37-47. Water usage rates prescribed.
13 In addition to the charges provided for in section 37-
14 46, each consumer shall pay for water usage the rate of one
15 dollar and eigi%lcy@ ninety-nine cents f$i:781-t ($1.99) per
16 thousand (1,000) gallons for 1987-1988, effective as of Attgttst
17 October 1, 1987 and two dollars and eighteen cents f$-2-.00t
18 ($2.18) per thousand (1,000) gallons for 1988-1989, effective
19 July 1, 1988.
20 This ordinance shall become effective on October 1,
21 1987.
22
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia, on the 21st day of September 1987.
25
26 KJC/epm
27 09/15/87
28 CA-02441
29 \ordin\proposed\37-047.pro
30
- 38 -
Item IV-J.1.
RESOLUTIONS ITEM # 28o62
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED Resolution approving the Refunding Issuance of Industrial Development
Revenue Bonds:
OCEAN RANCH MOTEL CORPORATION $ 4,500,000
Voting; 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
38a
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Ocean Ranch Motel Corporation
2. LOCATION: 3107 Atlantic Avenue
Virginia Beach, Virginia 23451
3. DESCRIPTION OF PROJECT: Motel
4. AMOUNT OF BOND ISSUE:
$4,500,000
5. PRINCIPALS: Sylvia Greenspoon
Jack Greenspoon
Lori Greenspoon
6. ZONING CLASSIFICATION:
a. Present zoning
classifiCation of the
Property H-2
b. Is rez
oning proposed? Yes No X-
C. If SO, to what zoning
classification? N/A
CitY Council of Virginia Beach, Virginia
municipal Center
Virginia ]3each, Virginia
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
August KL, 1987
Ocean Ranch Motel Corporation
Refundincj Bonds - Motel Facility
1. Maximum amount of financing sought $4,500,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $6,000,000
3. Estimated real property tax per year
using present tax rates $ 48,600
4. Estimated personal property tax per
year usinq present tax rates s 10,000
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates unknown
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 49,000
7. Estimated number of regular employees
on year round basis 30
8. Average annual salary per employee $ 10,000
The information contained in this statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACTI
DEVELOPMENT AUTHOR-'
By-
ECONOMIC IMPACT STATEMENT
1. Amount of investment 6,000,000
2 . Amount\of industrial revenue bond fiiiancing 6 0 0 0 010 0
sought $
3 . Estimated taxable value of the facility's real
property to be constructed in the City of
Virginia Beach $ 6 , 000 , 0 0 0
4. Estimated real property tax per year using
present tax rate $ 4 8 , 6 0 0
91000
5. Estimated personal proper"y tax $
6. Economic impact statement demonstiating the
overall return to the city:
A. Number of new jobs 30 possible
B. Payroll geneiated $ 30 0 , 0 00 Av. Wage 10,000
C. Number of j&s retained
D. Payroll retai,ned $ Av. Wage $
E. Estimate of the value of goods and services purchased
within the "geographic boundary of Virginia Beach by
type (inventory, machinery, professi6nal services,
insurance, motor vehicles, etc.):
Type value
Insurance 20,000
Accounting & Legal $ 5,000
Automobile $ 12,000
Repair Services 12,000
TOTAL 49,Ooo
F. Estimated building @ermit fee and other municipal
fees $ 1 30 , 4 20.
G. Estimated construction payroll $ 2 , 0 0 0 , 0 0 0
H Estimated value of construction material to
be purchased within the City of Virginia
Virginia Beach .1 $ 1 5 0 0000
1. Es timated number of construction jobs 85
J. Any other items which the applicant feels
the Authority should be made awarql@fuin
evaluating the project _Project wi pgrade faciliti!es along
Atlantic Avenue and support tourist industry
7. Is the site currently zoned for the-specific use being proposed.for
industrial revenue bond financing? Yes x No
B. lias a bond purchase agreement/commitment been accepted by the
applicant? (attach a copy) Yes No X
9. Will tlie bond financing close wi"hin 90 days from the date of adoption
of the the inducement resolution? Yes x No
10. Location of project (attach location map)
3107 Atlantilc Avenue, va. Beach, VA
11. Explanation of. alternative financing that has been r6viewed for
project Nonp
I hereby certify that the information stated in the above Economic
Impact Statement is accurate and true in all respects.
(Applicant)
1985. Subscr ibed and sworn to before me this day of
Notary Public
My Commission Expires:
9
g,d Se@k Poi@t
G.Id S---
-T
PROJECT NAME: Ocean Ranch Motel Corporation
PROJECT ADDRESS: 3107 Atlantic Avenue
Virginia Beach, VA 23451
TYPE OF PROJECT: Motel
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 21 day of September 1987.
On motion by Councliman Fentress
and seconded by (,ni,npilmnn the follow-
ing Resolution was adopted.
RESOLUTION APPROVING THE REFUNDING ISSUANCE OF
INDUSTRIAL DEVELOPIIENT REVENUE BONDS FOR OCEAN
RANCH MOTEL CORPORATION
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the request of Ocean Ranch
Motel Corporation, a Virginia corporation (the Company), for
the issuance of the Authority's industrial development
revenue refunding bonds in an amount not to exceed $4,500,000
(the Bonds) but equal to the outstanding principal amount of
the Authority's $4,500,000 Industrial Development Revenue
Bonds (Ocean Ranch Motel Corporation Project), Series of 1986
(the Original Bonds), to assist the Company in redeeming in
full the Original Bonds which were issued to finance the
expansion, renovation and equipping of a motel facility (the
Project) located at 3107 Atlantic Avenue in the City of
Virginia Beach, Virginia, and owned by the Company, and
has held a public hearing thereon on September 15, 1987; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 147(f) of the Internal Revenue Code of 1986, as
amended, and Section 15.1-1378.1 6f the Code of Virginia of
1950, as amended.
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a state-
ment in the form prescribed by Section 15.1-1378.2 of the
Code of Virginia of 1950, as amended, have been filed with
the Clerk of the Council;
BE IT RESOLVED BY TUE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the redemption of
the Original Bonds for the benefit of the Company, to the
extent of and as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended.
3. The approval of the issuance of the Bonds, as
required by such Sections 147(f) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the creditworthi-
ness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to
pay the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor,
and neither the faith or credit nor the taxing power of the
Commonwealth, the City, or the Authority shall be pledged
thereto.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on September 21 -, 1987.
2
- 39 -
Item IV-J.2.
RESOLUTIONS ITEM # 28063
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED:
Resolution by the Council of the City of Virginia
Beach expressing its awareness of and concern for
the AIDS problem and its support for the formation
of a Regional AIDS Task Force.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 39a -
A RESOLUTION BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH
EXPRESSING ITS AWARENESS OF AND CONCERN FOR THE AIDS PROBLEM
AND ITS SUPPORT FOR THE FORMATION OF A REGIONAL AIDS TASK
FORCE.
WHEREAS, acquired immune deficiency syndrome (AIDS) is a
fatal disease for which no known cure exists; and
WHEREAS, AIDS has become omnipresent, affecting all
segments of society and spreading at an alarming rate; and
WHEREAS, AIDS presents special problems in types of
services traditionally provided by municipal governments,
such, fire and police protection, emergency medical services
and correctional facilities; and
WHEREAS, the Surgeon General of the United States has
indicated that the best precaution against AIDS is education;
and
WHEREAS, planning, not panic, is the answer in the
battle against this deadly disease; and
WHEREAS, AIDS does not respect political boundaries; and
WHEREAS, a regional AIDS Task Force, comprised of
representatives from the various Tidewater area cities, is
being formed in an effort to find meaningful answers and
workable solutions to this tremendous problem; and
WHEREAS, the Council of the City of Virginia Beach,
Virginia wishes to join in the formation of a Regional AIDS
Task Force.
BE IT RESOLVED by the Council of the City of Virginia
Beach:
1. That it does hereby express its awareness of and
concern for the tremendous problems that acquired immune
deficiency syndrome presents for our nation, for our state,
and for our city.
2. That it does hereby support and join in the
formation of a Regional AIDS Task Force.
ADOPTED; September 21, 1987
- 40 -
Item IV-J-3-
RESOLUTIONS ITEM # 28064
In response to Councilman Moss's inquiries, Giles Dodd provided MIBIT 0,
SCHEDULE OF BASE PAYMENTS, which equal the amount of principal and interest on
the Certificates. (Said EXHIBIT is hereby made a part of the record).
Suzanne Young, represented Wheat First Securities, Underwriters on the
CERTIFICATES, and distributed documentation relative PRICING INFORMATION
PREPARED FOR THE CITY OF VIRGINIA BEACH, VIRGINIA,CERTIFICATES OF PARTICIPATION
($7,080,000). Said booklet is hereby made a part of the record. The funds under
Debt Service Reserve Fund are held in trust by the Trustee and invested and
those earnings are offsetting debt service for lease payments. The interest
accrues back to the City. In Cost Schedule B under Underwriter's Discount the
amount of $99,828 reflects the payment of the entire Underwriter's Discount for
the selling of the securities, the structuring of the financing and expenses
associated with same. The Other Issuance Costs of $100,000 are legal fees which
are itemized on the following page.
Mary Jo White, Bond Counsellor with Hunton & Williams and Stephen Lewis,
Financial Advisor, were also in attendance to respond to City Council
inquiries.
Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution authorizing and directing the City
Manager to execute a prime lease, lease agreement
and trust agreement in connection with the
financing of acquisition of property surrounding
the Municipal Center Complex.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 40a -
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A PRIME LEASE, LEASE
AGREEMENT AND TRUST AGREEMENT IN CONNECTION
WITH THE FINANCING OF ACQUISITION OF PROPERTY
SURROUNDING THE MUNICIPAL CENTER COMPLEX
WHEREAS, the City of Virginia Beach, Virginia (the
City), has determined to undertake the acquisition of certain
real property surrounding the municipal center complex (the Prop-
erty) and to finance such acquisition through a plan of
lease-purchase financing with First Union Commerical Corporation
(the Leasing Company) and the issuance by Signet Trust Company
(the Trustee) of $7,080,000 Certificates of Participation (the
Certificates), which will be sold to wheat, First Securities,
Inc. for public offering pursuant to an Offering Statement, the
preliminary form of which has been presented to members Of the
City Council; and
WHEREAS, the Certificates will represent direct and
proportionate interests of the holders of the Certificates in
lease payments to be made by the City pursuant to a Real Property
Lease Agreement dated as of October 1, 1987, between the Leasing
Company and the City (the Lease Agreement), the amount of which
payments will be subject to annual appropriations by the City
Council; and
WHEREAS, there have been presented to this meeting
drafts of the following documents (the Documents), proposed in
connection with the issuance and sale of the Certificates:
- 2 -
(a) A Prime Lease dated as of October 1, 1987 (the
Prime Lease), between the City and the Leasing Company conveying
to the Leasing Company a leasehold estate in the Property;
(b) The Lease Agreement providing for the lease of the
Property by the Leasing Company to the City for a term ending on
September 1, 1994, and setting forth on Exhibit C thereto the
principal and interest components of the lease payments;
(c) A Trust Agreement dated as of October 1, 1987 (the
Trust Agreement), between the City, the Leasing Company and the
Trustee providing for the issuance, security and form of the Cer-
tificates;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR-
GINIA BEACH, VIRGINIA:
1. The City manager is authorized and directed to execute
the Documents and deliver them to the other parties thereto. The
City Manager is further authorized to cause the Prime Lease and
the Lease Agreement to be recorded in the Clerk's Office of the
Circuit Court of the City of virginia Beach.
2. The Documents shall be in substantially the form sub-
mitted to this meeting, which are hereby approved, with such com-
pletions, omissions, insertions and changes as may be approved by
the City Manager, the execution by the City Manager to constitute
conclusive evidence of the approval of any such completions,
omissions, insertions and changes.
- 3 -
3. The principal and interest components of the lease pay-
ments as shown on Exhibit C to the Lease Agreement are hereby ap-
proved.
4. The acquisition of the Property is hereby declared to be
essential to the efficient operation of the City, and the City
anticipates that the Property will continue to be essential to
the operation of the City during the term of the Lease Agreement.
The City Council, while recognizing that it is not empowered to
make any binding commitment to make appropriations beyond the
current fiscal year, hereby states its interest to make annual
appropriations in future fiscal years in amounts sufficient to
make all loan payments under the Lease Agreement and hereby rec-
ommends that future City Councils do likewise during the term of
the Lease Agreement.
5. The City ratifies and consents to the distribution of
the information concerning the City contained in the Preliminary
Offering Statement dated September 8, 1987, and the Offering
Statement dated September 21, 1987, used by the Underwriter in
the offering and sale of the Certificates.
6. The City hereby covenants that it shall not take or omit
to take any action the taking or omission of which would cause
the Certificates to be "arbitrage borids" within the meaning of
Section 148 of the Internal Revenue Code of 1986, including regu-
lations issued pursuant thereto (the Code), or otherwise cause
interest on the Certificates to be includable in the gross income
of the registered owners thereof under existing law. Without
4
limiting the generality of the foregoing, the City shall comply
with any provision of law that may require the City at any time
to rebate to the United States any part of the earnings derived
from the investment of the gross proceeds of the Certificates.
7. Such officers of the City as may be requested are hereby
authorized and directed to execute an appropriate certificate
setting forth the expected use and investment of the proceeds of
the Certificates in order to show that such expected use and in-
vestment will not violate the provisions of Section 148 of the
Code. Such certificate shall be in such form as may be requested
by bond counsel for the City.
B. The City shall not permit the gross proceeds of the Cer-
tificates to be used in any manner that would result in either
(a) 10% or more of such proceeds being considered as having been
used directly or indirectly in any trade or business carried on
by any person other than a governmental unit as provided in Sec-
tion 141(b) of the Code, or (b) 5% or more of such proceeds being
considered as having been used directly or indirectly to make or
finance loans to any person other than a governmental unit as
provided in Section 141(c) of the Code; provided, however, that
if the City receives an opinion of nationally recognized bond
counsel that any such restriction is not required to prevent the
interest on the Certificates from being includable in the gross
income of the registered owners thereof under existing statutes,
the City need not comply with such restriction.
- 5 - 1
9. All other actions of the officers of the City in confor-
mity with the purpose and intent of this resolution and in fur-
therance of the issuance and sale of the Certificates are hereby
approved and confirmed. The officers of the City are hereby au-
thorized and directed to execute and deliver all certificates and
instruments and to take all such further action as may be consid-
ered necessary or desirable in connection with the execution and
delivery of the Documents, the issuance and sale of the Certifi-
cates and the acquisition of the Property.
10. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
11. This resolution shall take effect immediately.
ADOPTED; September 21, 1987
6 PF:VaBeTrAqre
! Draft of 8@131/87 5:5o cin
3
9
0
1
1 2
1 3
1 3
1 3
1 3
1 3
1 3
1 3
1 3
15 TRUST AGREEMENT
1 6
17 among
1 8
19 THE CITY OF VIRGINIA BEACH, VIRGINIA,
2 0
21
2 2
2 3
2 4
25 and
2 6
2 7
28
29 as Trustee
3 0
31
3 2
33 Dated as of September 1, 1987
3 4
3 5
36 Relating to
37 Certificates of Participation
3 8
3 9
4 0
41
4 2
4 3
4 4
4 5
4 6
4 0-
4 6
4 6
4 6
4 6
4 6
4 6
4 6
4 6
4 6
4 6
u @
6 1
6 1
6 1
63 TABLE OF CONTENTS
6 4
66 Page
6 7
68 Parties ........................................................ 1
6 9
6 9
71 ARTICLE I
7 2
74 RECITALS AND REPRESENTATIONS
7 5
76 Section 101. Lease Agreement .................................. 1
77 Section 102. Base Payments .................................... 1
78 Section 103. Assignment Agreement ............................. 1
79 Section 104. Assignment by City of Right to Elect
80 Possession ....................................... 2
81 Section 105. Conditions Precedent Satisfied ................... 2
82
82
84 ARTICLE II
85
87 DEFINITIONS AND RULES OF CONSTRUCTION
88
89 Section 201. Definitions ...................................... 2
90 Section 202. Rules of Construction ............................ 5
91
91
93 ARTICLE III
94
96 AUTHENTICATION, REGISTRATION AND TERMS OF CERTIFICATES
97
98 Section 301. Issuance of Series of 1987 Certificates .......... 6
9 9 Section 3 0 2 . Form; Denominations; Medium of Payment; Dating ... 6
10 0 Section 30 3 . Execution .........................................7
101 Section 3 0 4 . Delivery of Series of 1987 Certificates .......... 7
1 0 2 Section 305. Proceeds of Series of 1987 Certificates .......... 8
103 Section 306. Registration and Exchange of Certificates;
104 Persons Treated as Owners ........................ 8
10 5 Section 3 0 7 . Charges for Exchange of Certificates ............. 9
1 C, 6 Section 308. Temporary Certificates ........................... q
1 0 7 Section 3 0 9 . Mutilated, Lost or Destroyed Certificates ........ 9
108 Section 310. Cancellation and Disposition of Certificates ..... 9
109
109
ill ARTICLE IV
'@12
114 ADDITIONAL CERTIFICATES
115
116 Section 401. Issuance of Additional Certificates .............. 10
117 Section 402. Purposes of Additional Certificates .............. 10
@- 6
57
58
5 0
5 1
5 3
118 Section 403. Execution and Delivery of Additional
119 Certificates .... ........ :': ........... 10
"f n 1 C tlfl tes
120 Section 404. Use of Proceeds . Additi. a .r ca
121 for a Project ................................... 12
122 Section 405. Use of Proceeds of Additional Certificates for
123 Refundinq ........................................ 12
1 2 4
1 2 4
126 ARTICLE V
1 2 7
129 REDEMPTION OF CERTIFICATES
1 3 0
131 Section 501. Redemption ....................................... 13
132 Section 502. Notice of Redemption ............................. 14
1 3 3
1 3 3
135 ARTICLE VI
1 3 6
138 ACQUISITION AND CONSTRUCTION FUND
1 3 9
140 Section 601. Creation of Acquisition Construction Fund ........ 15
141 Section 602. Cost or Cost of Project .......................... 15
142 Section 603. PaymentS from Acquisition Construction Fund ...... 15
143 Section 604. DiSposition of Balance in Acquisition
144 Construction Fund ................................ 16
1 4 5
1 4 5
147 ARTICLE VII
148
149 CERTIFICATE FUND
150
151 Section 701. Creation of Certificate Fund ..................... 17
152 Section 702. Application of Certificate Fund .................. 17
153
1 5 3
155 ARTICLE VIII
1 56
157 DEBT SERVICE RESERVE FUND
1 58
159 Section 801. Creation of Debt Service Reserve Fund ............ 19
160 Section 802. AppliCation of Debt Service Reserve Fund ......... 19
161
i t-) 1
163 ARTICLE IX
1- t-D 4
165 INVESTMENT OF FUNDS
16 6
16 7 Section 901. Investment of Moneys in Funds .................... 20
ic-8
168
168
168
56
57
58
5 3
170 ARTICLE X
171
172 PARTICULAR COVENANTS
1 7 3
174 Section 1001. Covenants, Representations and Warranties ..... 23
175 Section 1002. Notice of Non-Payment ......................... 23
176 Section 1003. No Obligation to Owners for Base Payment ...... 23
177 Section 1004. No Responsibility for Sufficiency ............. 23
179 Section 1005. Further Assurances ............................ 23
180
1 8 0
182 ARTICLE XI
183
184 EVENTS OF DEFAULT AND REMEDIES
185
186 Section 1101. Events of Default ............................... 24
187 Section 1102. Acceleration .... ............................... 25
188 Section 1103. Other Remedies; @ight , of Certificate Holders ... 25
189 Section 1104. Right of Certificate Holders to Direct
190 Proceedings ..................................... 26
191 Section 1105. Application of Moneys ........................... 26
192 Section 1106. Remedies Vested in Trustee ...................... 28
193 Section 1107. Limitation on Suits ............................. 28
194 Section 1108. Termination of Proceedings ...................... 29
195 Section 1109. Waivers of Events of Default .................... 29
1 9 6
196
198 ARTICLE XII
199
200 THE TRUSTEE
20 1
202 Section 1201. Acceptance of Trusts and Obligations ............. 30
203 Section 1202. Fees, Charges and Expenses of Trustee ............ 33
204 Section 1203. Merger or Consolidation of Trustee ............... 33
205 Section 1204. Resignation by Trustee ........................... 33
206 Section 1205. Removal of Trustee ............................... 34
207 Section 1206. Appointment of Successor Trustee by Certificate
208 Holders; Temporary Trustee ....................... 34
209 Section 1207. Concerning any Successor Trustee ................. 34
210 Section 1208. Trustee Protected in Relying on Resolutions,
211 etc .............................................. 35
212 Section 1209. Successor Trustee as Daying Agent, Registrar
213 and Custodian of Funds ........................... 35
2 1 4
2 1 4
216 ARTICLE xiii
21'@
218 @MENDMENTS kND DEFEASANCE
2 1 9
220 Section 1301. Amendments ....................................... 35
221 Section 1302. Defeasance ....................................... 37
1-22
--122
2 2 2
@, 6
57
2
3
224 ARTICLE XIV
2 2 5
226 ARBITRAGE REBATE
2 27
228 Section 1401. Arbitrage Rebate Fund ............................ 38
229 Section 1402. Calculation and Report of Rebate Amount .......... 38
230 Section 1403. Payment of Rebate of Amount ...................... 38
231 Section 1404. Bona Fide Debt Service Fund Election ............. 39
2 3 2
2 3 2
234 ARTICLE XV
2 3 5
236 MISCELLANEOUS
2 3 7
238 Section 1501. Limitation on Use of Series of 1987
239 Certificate Proceeds ............................. 39
240 Section 1502. Trustee To Keep Records .......................... 40
241 Section 1503. Notices .......................................... 40
242 Section 1504. Severability ..................................... 41
243 Section 1505. Successors and Assigns ........................... 41
244 Section 1506. Applicable Law ................................... 41
245 Section i5O7. Counterparts ..................................... 41
2 4 6
247 Testimonium .................................................... 41
248 Signatures ..................................................... 41
249 Exhibit A Form of Certificate
2 54
2 54
2 54
2 54
2 54
2 54
2 54
-@54
2 54
2 54
2 54
2 5 4
2 54
2 54
2 5 4
2 5 4
2 5 4
2@-4
2 54
2 54
2 5 4
2 5 4
2 54
2 54
2 54
2@14
6
7
58 (iv)
2 7 0
2 7 0
0
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272 TRUST AGREEMENT
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275 THIS TRUST AGREEMENT, dated as of September 1, 1987 (the
276 Agreement), by and among the CITY OF VIRGINIA BEACH, VIRGINIA, a
278 Virginia municipal corporation (the City), FIRST UNION LEASING
279 GROUP, a Virginia corporation (the Leasing Company), and
282 a
283 organized under
284 the laws of the Commonwealth of Virginia and having its principal
285 corporate trust office in Richmond, Virginia (in such capacity,
286 together with any successor in such capacity, herein called the
287 Trustee);
2 88
288
290 W I T N E S S E T H:
291
2 9 1
292 For and in consideration of the mutual covenants herein-
292 after contained and for other valuable consideration, the parties
294 hereto do hereby agree as follows:
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297 ARTICLE I
2 98
299 RECITALS AND REPRESENTATIONS
3 0 0
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301 Section 101. Lease Agreement. The City and the Leasing
301 Company @ave entered into aReal Property Lease Agreement dated
303 as of September 1, 1987 (the Lease Agreement), for the purpose of
306 financing the acquisition from time to time of -certain real es-
307 tate (the Property), and simultaneously therewith, the Leasing
309 Company acquired a leasehold estate in the Property as it may
311 exist from time to time. Under the -cease Agreement, the Leasing
315 Company has agreed to lease the @roperty to the City and the City
316 has agreed to lease the same from the Leasing CO-mpany, in the
317 manner and on the terms set forth in such Agreement.
3 1 9
320 Section 102. Base Payments. Under the Lease Agreement,
321 the City is obligated to TDay to the Leasing Comp-any or its as-
322 signee Base Payinents, asInereinafter defined, as rental for the
325 Property. A portion of each Base Payment is designated -as and
326 represents interest.
3 2 7
328 Section 103. Assignment Agreement. The parties are en-
329 tering into this Agreement to set forth (a) the conditions for
330 the issuance of the Certificates which evidence undivided be.Qefi-
331 c@@al interests in and to 3ase Payments to be received from the
333 City, (b) the rights of the holders of the Certificates, as , nere-
334 inafter defined, and (c) aupointment of a trustee for such
5 9
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336 holders. The Leasing Company has assigned and transferred its
338 right, title and interest in the Lease Agreement to the Trustee
339 pursuant to the Assignment Agreement, as hereinafter defined.
340 The Trustee @as accepted such assignment for the purpose of
341 securing the payment of the Base Payments and other riqhts of the
343 Certificate holders, subject to the provisions of this Agreement.
3 4 4
345 Section 104. Assignment by City of Right To Elect
346 Possession. The City hereby assigns to the Trustee its right
347 pursuant to Section 365(h)(1) of the United States Bankruptcy
348 Code, as amended, to remain in possession of its leasehold estate
349 in the Property created pursuant to the Lease Agreement in the
350 event of the bankruptcy of the Leasing Company.
3 5 2
353 Section 105. Conditions Precedent Satisfied. All acts,
354 conditions and thinqs required by law to happen, exist and Se
355 performed precedent to and in connection with the execution of
356 and entering into this Agreement have happened, exist and have
357 been performed in regular and due time, form and manner as re-
358 quired by law, and the parties hereto are now duly empowered to
359 execute and enter into this Agreement.
3 60
3 60
362 ARTICLE II
3 6 3
364 DEFINITIONS AND RULES OF CONSTRUCTION
3 65
3 6 5
366 Section 201. Definitions. The following words as used
367 in this Agreement shall have the following meanings unless the
368 context otherwise requires. Unless otherwise defined in this
370 Agreement, all terms used herein shall have the meanin-gs assigned
371 to such terms in the Lease Aqreement.
3 7 2
373 "Acquisition and Construction Fund" shall mean the
374 Acquisition and Construction Fund established in Section 601.
3 7 7
378 "Additional Certificates" shall mean any registered
379 certificates of participation evidencinq the undivided beneficial
380 interests of the Certificate holders in the Base Payments issued
382 pursuant to Article IV and secured on a parity with the Series of
383 1987 certificates.
38 4
385 "Assignment Agreement" shall mean the Assignment
386 Agreement dated as of September 1, 1987, between t@e Leasing Com-
387 pany and the Trustee, relating to the assignment by the Leasing
388 Comi -Dany to the Trustee of its rights under the Lease Agreement,
392 and any and all amendments thereto.
3 9 3
394 "Authorized Cit,7 Representative" sha'Ll meari such per-
395 son or persons as may be designated to act on behalf of @he Cil.y
-,65
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396 by a certificate signed by the City Manager and filed with the
397 Trustee.
3 98
399 "Base Payments" shall mean the payments payable by
400 the City pursuant to the Lease Agreement in the amounts and at
401 the times set forth in Section 302 and Exhibit C to the Eease
402 Agreement, as it may be amended from time to time.
403
404 "Business Day" shall mean a day on which banking
405 business is transacted, but not including a Saturday, Sunday or
406 legal holiday, or any day on which banking institutions are au-
407 thorized by law to close in the city in which the Trustee has its
408 principal corporate trust office.
409
410 "Certificate Fund" shall mean the Certificate Fund
411 established in Section 701.
4 1 2
413 "Certificates" shall mean the Series of 1987 Certifi-
414 cates and any Additional Certificates.
4 1 5
416 "Closing Date" shall mean the date of delivery of the
417 Certificates by the Trustee to the Underwriters.
419
420 "Code" shall mean the Internal Revenue Code of 1986,
421 as amended, including applicable regulations, rulings and r-evenue
422 procedures promulgated thereunder or under the Internal Re-venue
423 Code of 1954, as amended.
4 2 4
425 "Cost" or "Cost of a Project" shall mean the cost of
426 the Project as set forth in Section 603.
4 2 7
428 "Costs of Issuance" shall mean all items of expense
429 in connection with the issuance of the Certificates and payable
431 from the proceeds of the Certificates, including without limita-
432 tion filing and recording fees, settlement costs, printing costs,
433 fees and charges of the Trustee, underwriters' comrnission or dis-
435 count in connection with the issuance or marketing of any ger-tif-
436 icates, premiums for title insurance, premiums for lease payment
438 and other insurance, if anv, leqal fees and chargesl- financial
441 and other professional consultants' fees and costs, a-nd fees of
442 rating agencies for current ratings.
44 4
445 'City Council" shall mean the Council of the City, as
446 the governing body thereof.
44 7
448 "Debt Service Reserve Requirement" shall mean the
449 maximum amount payable on account of principal of and interest on
450 the Certificates on any March I or September 1, to be deposited-
451 and maintained in the Debt Service Reserve Fund as provided in
452 Section 305(b).
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454 "Debt Service Reserve Fund" shall mean the Debt Ser-
455 vice Reserve Fund established in Section 801.
4 5 6
457 "Event of Default" shall mean any of the events de-
458 scribed in Section 1101.
4 5 9
460 "Fiscal Year" shall mean the twelve-month period be-
461 ginning on July 1 of each year and ending on June 30 of the fol-
462 lowing year or such other fiscal year of twelve months as may be
463 selected by the City.
464
465 "Furnishings" shall mean the furnishings and e
quip-
466 ment for any improvements financed with proceeds of any Addition-
468 al Certificates.
4 69
470 "Gross Proceeds" shall mean for the Series of 1987
471 Certificates (a) receipts derived from the sale of such Certifi-
472 cates, (b) investment earnings on Certificate proceeds i-n the Ac-
473 quisition and Construction Fund or other fund in which such re-
474 ceipts are deposited until used for the purpose for which such
476 Certicates were issued, (c) transferred proceeds of such Certifi-
477 cates within the meaning of Treasury Regulations Section
478 1.103-14(e)(2)(ii) or successor regulation, (d) any @mount in a
480 sinking fund with respect to such Certificates within the meaning
481 of Treasury Regulations Section 1.103-13(g) or successor regula-
482 tion, (e) any amounts in a reserve fund with respect to such Cer-
483 tificates, (f) amounts pledged as security for payment of debt
484 service or used to pay debt service on such Certificates, (g) any
485 other amounts deemed Gross Proceeds under the Code, and (h) other
487 amounts received as a result of investing any amounts described
488 in this paragraph.
4 8 9
4 90 "Nonpurpose Obligations" shall mean any investment,
491 other than an obligation described in Section 103(a) of the Code,
493 acquired with the Gross Proceeds of the Series of 1987 CertiTi-
494 cates that is not acquired in order to carry out the governmental
496 purpose of the issuance of the Series of 1987 Certificates.
4 99
50 0 "Opinion of Counsel" shall mean an opinion of any at-
501 torney or firm of attorneys acceptable to the Trustee, who may be
502 counsel for the City or the Trustee but shall not be a full time
503 employee of either the City or the Trustee.
50 4
50 5 "Cutstanding" shall mean, when used with reference to
506 the Certificates and as of any particular date, all Certificates
507 theretofore delivered except (a) any Certificate cancelled by the
508 Trustee at or before such date and (b) any Certificate in lieu of
509 or in substitution for which another Certificate shall have been
510 delivered pursuant to this Agreement.
512
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513 "Payment Dates" shall itiean the dates, as set forth in
514 Section 302 and Exhibit C to the Lease Agreement, upon which pay-
516 ments are due ani payable on the Certificates in accordance with
517 their terms.
518
519 "Project" shall mean the construction or placing of
519 any improvements on the Property.
5 2 1
522 "Property" shall mean the property described in Ex-
523 hibit A to t@e Lease Agreement, as such description may be -
524 amended from time to time to add additional real property de-
525 scribed in Exhibit B to the Lease Agreement to this Agreement or,
527 in the event the Series of 1987 Certificates are no longer out-
529 standing, to remove any or all of such real 12roperty on which no
532 improvements have been placed which were financed by the issuance
533 of Additional Certificates, and any improvements which may be
534 constructed or placed thereon from time to time.
5 3 6
537 "Rebate Amount" shall mean (a) the excess of (1) the
540 aggregate amount earned on all Nonpurpose !2bligations related to
541 the Series of 1987 Certificates over (2) the amount which would
542 have been earned if all such Nonpurpose Obligations bore a rate
543 equal to the Yield on such Certificates, ]21us (b) any income at-
547 tributable to investment of such excess.
54 8
549 "Series of 1987 Certificates" shall mean the regis-
550 tered certif@icates of participation evidencing the undivided ben-
551 eficial interests of the holders thereof in the Bas-e Payments.
5 5 3
554 "Yield" shall mean "yield" within the meaning of
554 Treasury @egulations Section 1.103-13(c) or any successor regula-
555 tion, determined on the basis of the initial offering price paid
556 by the public, excluding underwriters, bond houses, brokers and
558 other intermediaries.
5 5 9
559
560 Section 202. Rules of Construction. Unless the context
561 clearly indicates to the contrary, the following rules shall
562 apply to the construction of this Agreement:
564
565 (a) words importing the singular number shall include
566 the plural number and vice versa.
5 6 7
568 (b) Words importing the redemption or calling for re-
569 demption of Certificates shall not be deemed to refer to or-con-
570 note the payment of Certificates at their stated maturity.
571
572 (c) Unless otherwise indicated, all references herein to
5 7 3 particular articles or sections are references to articles or
574 sections of this Agreement.
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576 (d) The headings and Table of Contents herein are solely
577 for convenience of reference and shall not constitute a par@ of
578 this Agreement nor shall they affect its meanings, construction
579 or effect.
58 0
581 (e) All references herein to the payment of Certificates
582 are references to payment of principal and ]2remium, if any, and
583 interest on Certificates.
58 4
585 (f) All references herein to the Mayor, the Clerk, the
586 City Manager, the Assistant City Manager for Administration -and
587 any other officers are references to officers of the city.
589
58 9
591 ARTICLE III
5 9 2
593 AUTHENTICATION, REGISTRATION AND TERMS OF CERTIFICATES
594
5 94
595 Section 301. Issuance of Series of 1987 Certificates.
596 There are hereby authorized to be issued Series of i987 Certifi-
597 cates in an aggregate principal amount of- Million
598 Dollars ($ ) evidencing
601 undivided beneficial interests in the Bas-e Payments to be paid by
602 the City under the Lease Agreement. The Trustee shall not, at
603 any time while any of the Series of l@87 Certificates are Out-
605 standing, issue additional certificates payable from the Base
606 Payments and entitled to the lien and charge securing the Out-
607 standinq Series of 1987 Certificates issued hereinunder except in
609 accordance with Article IV.
61 0
,ail Section 302. Form; Denominations; medium of Payment.
0-12 The Series of 1987 Certificates authorized by Section 301 shall
613 be dated September f, 1987, shall be issuable only in fully Eeg-
616 istered form in the denomination of $5,000 or any integral multi-
617 ple thereof, shall be numbered from R-1 upward, shall be substan-
618 tially in the form set forth in Exhibit A hereto, and shall bear
620 interest payable semiannually on March 1 and September I begin-
621 ninq March 1, 1988, until payment, and shall mature on March 1
623 and September 1 in years and amounts as follows:
6 2 4
626 Principal Interest Principal Interest
627 Maturitv Amount Rate Amount Rate
628
629 % $ %
630
631
6 32
633
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637
639 Each Certificate shall bear interest (a) from its date,
640 if such Certificate is executed and delivered prior to the first
642 interest payment date, or (b) otherwise from the interest payment
643 date that is, or immediately precedes, the date on which such
645 Certificate is executed and delivered; provided, how-ever, that if
646 at the time of execution and delivery of any Certificate payment
648 of interest is in default, such Certificate shall bear interest
649 from the date to which interest has been paid.
6 50
651 gpon maturity, principal of and, premium, if any, on the
652 Certificates shall be payable to the registered owners upon the
654 surrender of such Certificates at the principal corporate trust
655 office of the Trustee. Interest shall be payable by check or
659 draft mailed to the registered owners at their addresses as they
660 appear on the 15th day of the month preceding the interest pay-
661 ment date on the registration books kept by the Trustee. Princi-
664 pal, premium, if any, and interest shall be payable in law@ul
666 money of the United States of America.
668
669 If any principal of or interest on any Certificate is not
669 paid when due (whether at maturity, by sinking fund redemption,
671 upon acceleration or call for redemption or otherwise), then the
672 overdue installments of principal shall bear interest until paid
674 at the same rate set forth in such Certi@icate.
67 5
676 Section 303. Execution. The Certificates shall be exe-
677 cuted by a duly authorized officer or employee of the Truste-e.
6 7 9
680 Section 304. Delivery of Series of 1987 Certificates.
680 The Trustee shall execute and deliver the Series of 1987 Certifi-
681 cates when teere have been filed with it the following:
6 8 3
684 (a) A certified copy of a resolution adopted by the City
685 Council authorizing the execution, performance and delivery of
686 the Prime Lease, the Lease Agreement, this Agreement, related
687 certificates and documents referred to in the Lease Agreement and
688 any certificate or document necessary to effectuate the forego-
689 ing;
690
691 (b) A certified copy of a resolution adopted by the City
692 Council stating that the leasing of the Property is presently es-
693 sential to the City and that the City anticipates it will contin-
694 ue to be essential;
69 5
696 (c) Original executed counterparts of (1) the Prime
697 Lease, (f) the Lease Agreement, (3) the Ass'@gnment Agreement, (4)
699 the Deed of Trust and (5) this Agreement;
701
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702 (d) A mortgagee title insurance policy on the Property
703 in the face amount of $ naming the Trustee as the in-
704 sured and issued by a company duly authorized to issue the same;
7 0 6
707 (e) An Opinion of Counsel to the Leasing Company as to
708 the due authorization, execution, delivery and enforceability of
710 the documents required to be executed by the Leasing Company;
7 1 2
713 (f) An opinion of the City Attorney as to the due autho-
714 rization, execution, delivery and enforceability of the documents
716 required to be executed by the City; and
7 1 7
718 (g) An opinion of Hunton & Williams, Special Counsel, as
719 to the validity of the Series of 1987 Certificates and the due
720 authorization, execution, delivery and enforceability of the
721 Eease Agreement and this Agreement as to the City. Such opinion
721 shall also state that to the extent that interest payable to own-
722 ers of Series of 1987 Certificates is derived from the Dortion of
724 Base Payments designated as interest, such interest will be
727 excludable from gross income for Federal income tax purposes and
728 will be exempt from taxation by the Commonwealth of Virginia
731 under existing statutes, regulations and rulings.
7 3 3
734 Section 305. Proceeds of Series of 1987 Certificates.
734 The Trustee shall apply the net proceeds from the sale of the Se-
735 ries of 1987 Certificates as follows:
7 38
739 (a) Accrued interest on the Series of 1987 Certificates
740 from their date to the date of their aelivery shall be deposited
741 in the Interest Account in the Certificate Fund.
7 4 3
744 (b) The sum of $ shall be deposited in the Debt
745 Service keserve Fund.
7 4 6
747 (c) The balance of the proceeds shall be deposited in
747 the Acquisition and Construction Fund.
74 9
750 Section 306. Registration and Exchange of Certificates;
751 Persons @reated as owners. The Trustee shall maintain registra-
753 tion books for the registration and exchange of Certificates.
754 Upon surrender of any Certificate at the principal corporate
755 trust office of the Trustee, together with an assignment duly ex-
756 ecuted by the registered owner or his duly authorized attorney or
-7 5 7 legal representative in such form as shall be satisfactorv to the
759 Trustee, such Certificate may be exchanged for an equal a-ggregate
760 principal amount of Certificates, in authorized denominations, of
7 6 0 the same ser-ies, form and maturity, bearinq interest at the same
762 rate as the Certificate surrendered, and registered in rhe name
762 or names as requested by the then registered owner thereof or his
7 6 4 duly author4@zed attorney or legal representative. The Trustee
765 shall execute any certificates necessary to provide for exchange
7 6 6 of Certificates pursuant to this section.
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768 The Trustee shall treat the registered owner as the per-
770 son exclusively entitled to payment of principal, premium, if
771 any, and interest and the exercise of all other rights and powers
773 of the owner, except that interest payments shall be made to the
774 person shown as owner on the 15th day of the month preceding each
775 interest payment date.
7 7 7
778 Section 307. Charges for Exchange of Certificates. Any
779 exchange of Certificates shall be at the expense of the City, ex-
782 cept that the Trustee may charge the person requesting such ex-
784 change the amount of any tax or other governmental charge re-
785 quired to be paid with respect thereto.
78 7
788 Section 308. Temporary Certificates. Prior to the prep-
788 aration of Certificates in definitive form the Trustee may issue
790 temporary Certificates in such denominations as the Trustee and
792 the Underwriters may determine, but otherwise in substantially
792 the form of Exhibit C with appropriate variations, omissions and
795 insertions. The Underwriters shall promptly have prepared and
796 delivered to the Trustee before the first interest payment date
798 Certificates in definitive form, and thereupon, upon surrender of
799 Certificates in temporary form, the Trustee shall complete, exe-
800 cute and deliver in exchange therefor Certificates in definitive
801 form of the same maturity having an equal aggregate principal
802 amount. Until exchanged for Certificates in definitive form,
803 Certificates in temporary form shall be entityed to the lien and
804 benefit of this Agreement.
8 0 5
806 Section 309. Mutilated, Lost or Destroyed Certificates.
807 If any Certificate has been mutilated, lost or destroyed, the
809 Trus-tee shall execute and deliver a new Certificate of lik-e date
810 and tenor in exchange and substitution for, and upon cancellation
811 of, such mutilated Certificate or in lieu of and in substitution
813 for such lost or destroyed Certificate; provided, however, that
815 the Trustee shall so execute and deliver such new Certificates
818 only if the holder has paid the reasonable expenses and charges
819 of the Trustee in connection therewith and, in the case of a lost
820 or destroyed Certificate, has filed with the Trustee evidence
822 satisfactory to it that such Certificate was lost or destroyed
824 and has furnishea to the Trustee indemnity satisfactory to it.
825 Yf any such Certificate ha-s matured, instead of issuing a new
826 Certificate the Trustee may pay the same without surrender there-
8 2 7 of.
8 2 8
329 Section 310. Cancellation and Disposition of
829 Certif;cates. All Certificates that have been surrendered for
830 transfer or exchanqe pursuant to Section 306, paid (whether at
332 maturity, by sinking fund redemption, acceleration or call for
333 redemption or otherwise), purchased pursuant to Section 604 or
834 702 or delivered to the Trustee by the City for cancellation
836 shall not be reissued, and the Trustee shall cremate, shred or
338 otherwise dispose of such Cert'@ficates.
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841 ARTICLE IV
84 2
843 ADDITIONAL CERTIFICATES
8 4 4
8 4 4
845 Section 401. Issuance of Additional Certificates. Sub-
846 ject to receipt by the Trustee of the documents listed below,
847 there may be issued one or more series of Additional Certificates
849 for the purposes set forth in Section 402. Each such series of
850 Additional Certificates shall be issued pursuant to a supplement
851 to this Agreement and shall be equally and ratably secured under
852 this Agreement with the Series of 1987 Certificates and any Addi-
853 tional Certificates issued pursuant to @his Article, without
856 preference, priority or distinction of any Certificates over any
857 other Certificates. Unless provided otherwise in a supplement to
858 this Agreement, all such Additional Certificates shall be in sub-
859 stantially the same form as the Certificates, but shall bear such
861 date or dates, bear interest at such rate or rates, have such ma-
862 @urity date or dates, redemption dates and redemption ]2remiums,
863 contain an appropriate series designation, and be issued at such
864 prices as shall be approved by the City.
8 6 5
866 Section 402. Purposes of Additional Certificates. Addi-
866 tional Certificates may be issued (a) to pay the Cost of a Proj-
867 ect, (bT to refund any of the Certificates, or (c) for a combina-
868 tion of such purposes.
87 0
871 Section 403. Execution and Delivery of Additional
872 Certificates. The Trustee shall execute and deliver Additional
874 Certificates, but only upon receipt of the following:
8 7 5
876 (a) A certificate of the City dated as of the date of
877 delivery of such Additional Certificates and signed by the City
877 Manager, stating that the amount of Base Payments due with re-
878 spect to the Additional Certificates during the Fiscal Year of
879 their issuance has been appropriated by the City and that either
881 (1) as of the date of such certificate to the best of his inowl-
882 edge no event or condition is happening or existing which consti-
884 tutes, or whicii, with notice or lapse of time or both, would con-
885 stitute, an Event of Default or (2) if any such event or
886 condition is happening or existinq, specifyinq such event or con-
887 dition and stating in detail reasonably acceptable to the Trustee
888 that such event or condition will be corrected oromptlv after the
890 issuance of such Additional Certificates.
891
892 (b) A certified cooy of a resolution or resolutions of
893 the City (1) authorizing the execution and delivery of a supple-
394 ment to this Agreement, (2) approving the interest rate or rates,
895 maturity date or dates, amounts i-naturing on such date or dates
897 and redemption provisions for the Additional Certificates, and
898 T3) stating:
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refunded, the 0
900 (A) the redemption Price of any Certificates t xbed
902 interest accrued thereon to the datedefmip--
for redemption, the expenses to such re
902 tion and any other ap incidental e
ID lications of the proc eds of Addi-
903 tional Certificates issued for the purpose of refunding;
90 5
906 (B) the amount required to be on deposit at all
907 times in the Debt Service Reserve Fund; and
9 0 9
910 (C) the Cost of each Project for which the Addition-
911 al Certificates are to be iss-ued and the amount o-f capi-
912 talized interest, if any, during construction.
91 3
914 (c) An original executed counterpart of a.supplement to
915 this Agreement authorizing the issuance and providing for the de-
916 tails of such Additional Certificates of any such Project.
918
919 (d) If such Additional Certificates are issued for the
920 purpose of paying the Cost of a Project, (1) a modification
921 agreement to the Lease Agreement @mending such Lease Agreement,
922 (2) a written statement of the architect selected to supervise
924 the construction of the Project setting forth such architect's
927 estimate of the cost of constructing the Pro
ject (including all
928 financing and related costs) and the date or dates on which the
929 Project will be completed, and (3) opinion that the proceeds of
931 such Additional Certificates, together with any other moneys
931 available for such purpose, will be sufficient to pay the cost of
932 such Proj.ect.
9 34
935 (e) If such Additional Certificates are issued to refund
935 any of t@e Certificates, either the consent of the holders of
936 two-thirds in aqqregate principai amount of the Certificates then
937 outstanding or
9 3 9
940 (1) Evidence satisfactory tO the Trustee that the
941 City has made provision as required by this Agreement for
942 the payment or redemption of all Certificates to be re--
942 funded; @nd
94 4
945 (2) A written determination by the Trustee that the
946 proceeds (excluding accrued interest) of such -Addition-al
947 Certificates, together with any other monevs deposited
947 with the Trustee for such purpose a nd the investment in-
948 come to be earned on funds held for the payment or re-
949 demption of Certificates, will be sufficient to pay,
950 whether at redempt@on or maturity, @he principal of and
951 premium, if any, and iriterest ori the Certificates to be
952 refunded and the esti,,nated expenses ilic'.dent to such re-
952 funding.
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954 (f) An opinion of an attorney or firm of attorneys rec-
955 ognized on the subject of municipal bonds that the issuance of
956 such Additional Certificates is permitted under the terms of this
957 Agreement and has been duly authorized.
958
959 Section 404. Use of Proceeds of Additional Certificates
959 for a Project. The proceeds of Additional Certificates,
961 including accrued interest, issued for the purpose of paying the
962 @ost of a Project shall be applied by the Trustee simultaneously
963 with the delivery of such Additional Certificates as follows:
9 6 5
966 -(a) If so provided by the resolution required by Section
967 403(b), for deposit in the Interest Account in the Certificate
967 @und an amount to be used to pay the interest on such Additional
968 Certificates (1) w@ich will accrue from the date of delivery of
969 such Additional Certificates to any date on or before the esti-
970 mated date of completion of such Project and (2) for a period not
972 exceeding one year after the date of completion of such Project,
973 as estimated by the architect providing the Certificate required
974 by Section 403(d)(2);
97 5
976 (b) For deposit in the Debt Service Reserve Fund an
977 amount w@ich, together with the amount then on deposit in the
978 bebt Service Reserve Fund, will equal the Debt Service Reserve
979 Requirement; and
98 0
981 (c) For deposit in the Acquisition and Construction Fund
981 the balance of such proceeds for the purpose of paying the Cost
985 of such Project.
98 6
987 Section 405. Use of Proceeds of Additional Certificates
987 for Refu@ding. The proceeds of Additional Certif@cates,
988 including accrued interest, issued for the purpose of refunding
989 any Certificates shall be applied by the Trustee simultaneously
990 with the delivery of such Additional Certificates as follows:
992
993 (a) For deposit in a special checking account an amount
995 specifiej in a certificate of the City signed by an Authorized
997 Representative of the City and filed with the Trustee to be used
1000 for the payment of expenses incident to such refunding;
1 0 0 2
1003 (b) For deposit in the Interest Account in the Certifi-
1003 cate Funa an amount equal to the accrued interest, if any, re-
1004 ceived as part of the proceeds of such Additionai Certificates;
1005 and
1 0 0 6
1 0 0 7 (c) For deposit :n an escrow account held by the Trustee
1008 either (1) an amount which, toqether with any other moneys on de-
1010 posit in such escrow account and the investment income to be -
1011 earned on moneys therein, will be sufficient to pay the principal
1012 of and premium, if any, and interest on the Certificates to be
2 6 5
2 6 6
2 67 -12-
2 5 8
2 5 9
2 6 0
@- 6 1
2 6 2
1013 refunded, to be used for the sole 2urpose of paying such princi-
1015 pal, premium and interest, or (2) an amount which, together with
1016 any other moneys on deposit in such escrow account and the in@
1017 vestment income to be earned thereon, will be sufficient to pay
1018 the installments of principal of and interest on such Certifi-
1019 cates, for a period of time set forth in a suppiement to this
1021 Agreement.
10 2 2
1023 Moneys held by the Trustee as set forth in subsection (c) of this
1024 section shall be, as nearly as may be practicable, invested and
1025 reinvested by the Trustee in investments authorized under Sec-
1026 tions 901(a) or (c) which shall mature or be subject to redemp-
f the
1028 tion at the option o holder thereof not later than the re-
1029 spective dates on which such moneys will be requirei for the
1030 payment or redemption of Certificates. Any balance in the ac-
1031 counts set forth in subsections (a) and (c) of this section re-
1032 maining after the payment of expenses and the refunding of Cer-
1033 tificates shall be deposited in the Debt Service Reserve Fund if
1034 the amount on deposit therein is less than the Debt Service Re-
1035 serve and then deposited in the Interest Account in the Certifi-
1036 cate Fund.
10 38
10 38
1040 ARTICLE V
1041
1042 REDEMPTION OF CERTIFICATES
1043
1 04 3
1044 Section 501. Redemption. The Certificates may not be
1045 called for redemption except as provided below:
1046
'@047 (a) The Certificates are required to be redeemed prior to
1048 maturity ' in whoye at any time to the extent moneys are available
1051 therefor, upon payment of a redemption price of 100% of the prin-
1052 cipal amount thereof to be redeemed plus interest accrued to the
1053 redemption date, upon occurrence of either of the following:
10 5 5
1056 (1) Failure of the City to appropriate funds for the
1057 payment of Base Pavments under the circumstances and upon
1058 the terms describe@ in the Lease Agreement.
10 5 9
1060 (2) An event of default under the Lease Agreement.
1 0 6 3
1064 (b) The Certificates are required to be redeemed prior to
1065 maturity, in whole at any time or in part on any interest payment
1066 date, upon payment of a redemption price of 100@.- of the principal
1067 amount thereof to be redeemed plus interest accrued to the re-
1068 demption date, from and only to the extent of funds deposited
1069 with the Trustee and available for such purpose, in the event
1071 that the City elects not to use proceeds from any insurance re-
1072 covery or condemnation award under the Lease Agreement to repair,
2 6 5
2 66
2 6 7 -13-
2 5 9
6 0
--16 1
2 6 2
1073 reconstruct or restore the Property or any portion thereof under
1074 circumstances involving (1) loss of titye to the Property or (2)
1078 condemnation of the Property or sale in lieu thereof.
1080
1081 (c) Series of 1987 Certificates maturing on or after
1082 September 1, 19_, are subject to redemption prior to maturity at
1083 the option of the City on or after September 1, 19_, in whole at
1084 any time or in part on any interest payment date, upon payment of
1085 the following redemption prices (expressed as a percentage of
1087 principal amount of Certificates to be redeemed) plus interest
1087 accrued to the redemption date:
1089
1091 102% if redeemed 19_, through lg_, inclusive;
1092 101% if redeemed 19_, through 19_, inclusive;
1093 100% if redeemed 19-, or thereafter.
1095
1097 If less than all of the Series of 1987 Certificates are
1098 called for redemption, the Series of 1987 Certi@icates to be re-
1099 deemed shall be selected by the chief financial officer of the
1100 City in such manner as he may determine to be in the best inter-
1101 est of the City. If less than all the Certificates of any matur-
1103 ity are calfed for redemption, the Certificates to be redeemed
1105 shall be selected by lot by the Trustee in such manner as the
1106 @rustee in its discretion may determine, each portion of $5,000
1107 principal amount being counted as one Certificate for this ]2ur-
1108 pose. If a portion of a Certificate shall be called for redemp-
1109 tion, a new Certificate in principal amount equal to the
1110 unredeemed portion thereof shall be issued to the registered
1111 owner upon surrender thereof.
1112
1113 Section 502. Notice of Redemption. The Trustee, upon
1114 being satisfactorily indemnified with respect to expenses, shall
1115 send notice of the call for redemption, identifying @he Certifi-
1116 cates or portions thereof to be redeemed, by reqistered or certi-
1119 fied mail not less than 30 nor more than 6d days prior to the re-
1120 demption date to the owner of each Certificate to be redeemed at
1121 his address as it @pears on the registration books kept by the
1122 Trustee. Failure to give such notice, or any defect therein,
1124 shall not affect the validity of any proceedinqs for the redemp-
1125 tion of any Certificate with respect to which no such failure or
1126 defect has occurred.
1127
1128 On or before the date fixed for redemotion funds shall be
1129 deposited with the Trustee to pay the princip@l, premium, if any,
1130 and interest accrued thereon to the redemption date on the cer-
1131 tificates called for redepiption. Upon the happening of the con-
1132 ditions of this section, the Certificates or portions thereof
1134 thus calied for redemption shall cease to bear interest from and
1136 after the redemption date, shall no longer be entitled to the
1137 benefits provided by this Agreement and shall not be deemed to be
1138 outstanding under the provisions of this Agreemen,@.
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2 6 6
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2 5 9
-13 0
6 1
6 2
1141 ARTICLE VI
1142
1143 ACQUISITION AND CONSTRUCTION FUND
1144
1145 Section 601. Creation of ACquiSition and Construction
1145 Fund. The City of Virginia Beach, Virginia, 1987 Real EState
1147 Lease Acquisition and Construction Fund, to be held by the Trus-
1148 tee, is hereby established. After complying with the require-
1150 ments of sections 305(a) and Tb), the Trustee shall deposit the
1152 balance of the proceeds of the Certificates in the Acquisition
1153 and Construction Fund.
1154
'1155 Section 602. Cost or Cost of Project. Cost or the Cost
1156 of a Project shall include the cost of improvements, the cost of
1159 construction or reconstruction, the cost of all labor, materials,
1160 machinery, equipment and furnishings, the cost of all lands,
1161 property, rights, easements and franchises acquired, financing
1162 charges, interest prior to and durinq construction and for one
1163 year after completion of construction, costs of plans and speci-
1164 fications, surveys and estimates of cost, cost of engineering and
1166 legal services, and all other expenses necessary or incident to
1167 determining the feasibility or practicability of such acquisi-
1168 tion, construction, reccnstruction, furnishing and equipping, ad-
1169 ministrative expenses, Costs of Issuance and such other expenses
1171 as may be necessary or incident to the financing of the acquisi-
1172 tion of the Property or the financing, construction, furnishing
1173 or equipping of a Project. Any obligation or expense incurred by
1174 the City, as agent for the Leasing Company, in ccnnection with
1176 any of the foregoing items of cost may be regaraed as a Cost.
1178
1179 Secton 603. Payments from Acquisition and Construction
1179 Fund. TiTe Trustee shall use moneys in the Acquisition and Con-
1182 struction Fund to pay the Cost of acquisition of the Property or
1183 the Cost of a Project. Before any payment shall be made from the
1185 Acquisition and Construction Fund, there shall be filed with the
1186 Trustee:
1187
1188 (a) A requisition, signed by an Authorized City Repre-
1189 sentative as aqent for the Leasing Company, statinq:
1190
1191 (1) the name of the person, @irm or corporation to
1192 whom the payment is due;
1193
1194 (2) the amount to be paid; and
1195
1196 (3) the purpose in reasonable detail for which the
1197 obligation to be paid was incurred.
1198
1199 (b) Except in the case of payment of Costs of Issuance,
1201 a certificate attached to such requisition, signed by a-n Autho-
1202 rized City Representative as agent for the Leasing Company,
1203 statinq that:
2 65
2 6 6
2 6 7 -15-
@@ :) b
2 5 9
2 6 0
6 1
2 6 2
1205 (1) there has been received no written notice (A) of
1206 any lien, right to lien or attachment upon, or clai-m af-
1207 fectin(g the right of the payee to receive payment of, any
1208 of the moneys payable under suc@ requisition to any of
1209 the persons, firms or corporations- named therein and (B)
1210 that any materials, supplies or equipment c-overed by such
1211 requisition are subject to any lien or security interest,
1213 or if any notice of any such lien, attachment, claim or
1214 security interest has been received, such lien, attach-
1215 ment, claim or security interest has been released or
1216 discharged or will be released or discharged upon payment
1218 of such requisition;
1219
1220 (2) such requisition contains no items representing
1221 payment on account of any percentage entitlej to be re-
1222 tained at the date of the certificate;
1 2 2 3
1224 (3) the obligation stated on the requisition has
1225 been incurred in or about the acquisition of the Property
1226 or as a Cost of a Project, each item is a proper -charge
1228 against the Acquisition and Construction Fund, and the
1229 obligation has not been the basis for a 0-rior requisition
1230 which has been paid;
1231
1232 (4) at the date of such certificate, no Event of De-
1233 fault has occurred which has not been cured o-r waived,
1234 and no event exists which, with notice or lapse of time
1235 or both, would constitute an Event of Default; and
1 2 3 6
1237 (5) the City has (A) provided to the company
1238 providing the title insurance required by Section 304(b)
1239 all certificates, waivers and other documentation re-
1240 quired to be delivered at the date of such requisition to
1241 such insurance company by the terms under w@ich such
1 24 2 title insurance company was provided, or (B) inf-ormed
1242 such insurance company in reasonable detail that the City
1243 is unable to provide all such certificates, waivers or
1244 documents.
1245
1 2 4 6 (c) An invoice, a copy of an invoice or other appropri-
1246 ate evidence of the obligation described in the requisition re-
1247 quired by subsection (a) above.
1249
1250 Upon receipt of the foregoing, the Trustee shali make
1251 payment Trom the Acquisition and Construction Fund in accordance
1252 with suc@ requisition.
1253
1 2 54 Section 604. Disposition of Balance in Acguisition and
1254 Construction Fund. When the Trustee shall have received a cer-
1255 tificate, signed by an Authorized City Representative as agent
1256 for the Leasing Company, stating what items of the Cost of any
2 6 5
2 6 6
2 67 -16-
-1 @ 6
2 5 9
2 6 0
?- 6 1
2 6 2
1257 Project, if any, have not been paid and for the payment of which
1258 moneys should be reserved in the Acquisition and Construction
1259 Fund, the balance of any moneys remaining in the Acquisition and
1260 Construction Fund in excess of the amount to be reserved for pay-
1262 ment of unpaid items of the Cost of any Project shall b,e (a)
1263 transferred to the Debt Service Reserve Fund if the amount on de-
1266 posit therein is less than the Debt Service Reserve Requirement,
1268 and then (b) transferred to the Certificate Fund to be applied to
1270 the payment of principal or interest on the Certificates. If a-ny
1271 such moneys remain in the Certificate Fund for a period in excess
1272 of 12 months, such moneys shall be used at the end of such 12
1274 month period to redeem Certificates pursuant to any mandatory
1275 sinking fund requirements, if such option is available, or to
1277 purchase Certificates for cancellation at a purchase price of not
1278 more than 100% of the principal amount thereof, or the moneys
1280 shall be invested in investments, the yield on w@ich is not mate-
1281 rially higher than the yield on the Certificates within the mean-
1282 ing of Section 148 of the Internal Revenue Code of 1986, as
1283 amended, and the regulations thereunder, to the extent required
1285 by such Section 148 and such regulations.
1286
1286
1288 ARTICLE VII
1289
1290 CERTIFICATE FUND
1291
1292 Section 701. Creation of Certificate Fund. The City of
1293 Virginia Beach, Virginia, 1987 Real Estate Lease Certificate
1294 Tund, to be held by the Trustee, is hereby establ-ished. The
1296 Trustee shall deposit in the Interest Account in the Certificate
1297 Fund (a) from the proceeds of the Series of 19@7 Certificates the
1299 amount specified in Section 305(a) or (b) from the proceeds of
1300 any Additional Certificates the amount specified in Section
1301 404(a).
1 3 0 2
1303 Section 702. Application of Certificate Fund. (a) All
1304 Base Payments received by the Trustee from the City shall be de-
1305 posited in the Certificate Fund. Such fund shall be maintained
1306 by the Trustee until the Base Payments are paid in full pursuant
1307 to the terms of the Lease Agreement and the payment of the prin-
1309 cipal of and premium, if any, and interest on the Cutstanding
1310 Certificates has been duly made or provided for. Within the Cer-
1312 tificate Fund, there shall be separate irterest ani principal ac-
1314 counts (the Interest Account and the Principal kccount). Prior
1315 to payment by the Trustee to the Certificate holders of principal
1316 and interest payments due with respect to the Certificates, the
1317 Trustee shall transfer amounts equal to the orincipal and inter-
1318 est components of each payment to the Principal Account and the
1320 Interest Account, respectively. Any moneys remaining in the Cer-
1321 tificate Fund after payment of interest or principal and interest
1321 on any Payment Date shall be transferred to the Debt Service
2 6 5
2 6 6
2 67 -17-
2'5 9
2 6 0
2 6 1
2 6 2
1323 Reserve Fund if the amount on deposit therein is less than the
1324 Debt Service Reserve Requirement, and then paid to the-City so
1326 long as no Event of Default has occurred and is c-ontinu-ing. Upon
1328 the final maturity of all of the Certificates, any amount re-
1329 maining on deposit in the @ertificate Fund in excess of the prin-
1330 cipal of and interest on t@e Outstanding Certificates shall be
1331 paid to the City.
1 3 3 2
1333 (b) The Trustee shall withdraw from the Interest Ac-
1334 count and the Principal Account, on each Payment Date, amounts
1335 equal to the amounts of interest and principal, if any, due with
1336 respect to the Certificates on such Payment Date, and shall cause
1337 the same to be applied to the payment of interest and principal,
1338 if any, due on such Payment Date. In the event there are insuf-
1340 ficient funds in the Interest Account or the Principal Account on
1343 any Payment Date to pay interest and principal, if any, due on
1344 any Payment Date, the Trustee shall, in accordance with
1346 Section 802, transfer funds in the amount of such deficiencies
1347 from the Debt Service Reserve Fund first to the Interest Account
1349 and then to the Principal Account on such Payment Date, and shall
1351 cause the same to be applied to the payment of interest and orin-
1352 cipal, if any, due on such Payment Date.
1 3 54
1355 (c) The Trustee shall provide for redemption of any Cer-
1356 tificates subject to a sinking fund requirement in accord-ance
1357 with the requirements set forth in a supplement hereto; provided,
1359 however, that on or before the 70th day next preceding any such
1360 sinking fund payment date, the City may:
1 3 6 2
1 3 6 3 (1) pay to the Trustee for deposit in the Principal
1364 Account on or before such 70th day such amount as specified in a
1365 certificate of the City signed by @n Authorized City Representa-
1368 tive directing the @rustee to apply such amount to the purchase
1369 of Certificates required to be redeemed on such sinking fund pay-
1370 ment date, and the Trustee shall thereupon use all reasonable ef-
1371 forts to expend suc@ funds as nearly as may be practicable in the
1372 purchase of such Certificates at a price not exceeding the prin-
1374 cipal amount thereof plus accrued interest to such sinking fund
1375 redemption date;
1 3 7 6
1 3 7 7 (2) deliver to the Trustee for cancellation Certifi-
1 3 78 cates required to be redeemed on such sinking fund paymen-t d-ate
1380 in any aggregate principal amount desired; or
1382
1383 (3) instruct the Trustee in a certificate of the
1384 City signed by an Authorized City Representative to apply a cred-
1385 it against the City's sinking fund redemption obligation for anv
1387 such Certificates that previousiy tave been redeemed (other than
1388 through the operation of the sinking fund) and canceled by the
1389 Trustee but not theretofore applied as a credit aqainst any sink-
1390 ing fund redemption obliqation.
2 6 5
2 6 6
267 -18-
5 9
0
2 6 2
1393 Each Certificate so purchased, delivered or previously redeemed
1393 shall be credited by the Trustee at 100% of the principal amount
1395 thereof against amounts required to be delivered by the City to
1396 the Trustee for deposit in the Principal Account on account of
1397 such Certificates. Upon the occurrence of any of the events de-
1398 scribed in subsections (1), (2) or (3) of this Section, the Trus-
1400 tee shall credit against the City's sinking fund redemption o-bli-
1401 gation on the next sinking fund payment date the amount of s-uch
1.402 Certificates so purchased, delivered or previously redeemed-. Any
1403 principal amount of such Certificates in excess of the principal
1404 amount required to be redeemed on such sinking fund payment date
1405 shall be similarly credited in chronological order against future
1407 Base Payments to be deposited in the Principal Account and shall
1408 similarly reduce the principal amount of the Certificates to- be
1409 redeemed on the next sinking fund payment date.
1410
1410
1412 ARTICLE VIII
1413
1414 DEBT SERVICE RESERVE FUND
1415
1416 Section 801. Creation of Debt Service Reserve Fund. The
1417 City of @irginia Beach, Virginia, 1987 Real Estate Lease Debt
1418 Service Reserve Fund, to be held by the Trustee, is hereby estab-
1421 lished. The Trustee shalf deposit in the Debt Se-rvice Reserve
1422 Fund (a) from the proceeds of the Series of 1987 Certificates the
1423 amount specified in Section 305(b) or (b) from the proceeds of
1424 anv Additional Certificates the amount specified in section
1425 40i(E).
1 4 2 6
1427 Section 802. Application of Debt Service Reserve Fund.
1428 (a) The Trustee shall transfer funds from the Debt Service Re-
1429 serve Fund to the Certificate Fund on any Payment Date on which
1431 there are insufficient funds to pay the interest and principal,
1432 if any, due with respect to the Certificates, and shall apply
1433 such funds as provided in Section 702. Notwithstanding the fore-
1435 going, in the event the Debt Service Reserve Fund is liquidated
1436 in whole or in part, the City, as Lessee under the Lease Agree-
1437 ment, shall restore such fund, subject to Section 4.6 of the
1439 Lease Xgreement, to the amount of the Debt Service-Reserve Re-
1441 quirement within Y2 months from the first available funds. Upon
1442 the final maturity of all of the Certificates, any amount re-
1443 maining on deposit in the Debt Service Reserve Fund in excess of
1444 the principal of and interest on the Outsranding Certificates
1446 shall be paid to the Citv.
1448
1450 (b) Upon receipt by the Trustee of any delinquent
1451 Base Payment in respect Df which a transfer shail have been made
1452 Trom the Debt Service Reserve Fund to the Certificate Fund, 'he
1452 Trustee shall deposit such delinquent 3ase Payment in the Debt
1453 Service @eserve Fund.
1 4 5 4
1454
2 6 5
'.166
-467 -19-
2 t)d
l@ 59
2 6 0
2 6 1
2 6 2
14 5 5
14 5 5
1457 ARTICLE IX
1 4 58
1459 INVESTMENT OF FUNDS
1 4 60
1461 Section 901. Investme Any moneys
1461 held in the funds created by th S Agreement may be separately in-
1462 vested and reinvested by the Trustee, as directed by an Autho-
1464 rized City iiepresentative, in-obligations listed below:
1467
1468 (a) bonds, notes and other evidences of indebtedness of
1470 the United States of America, securities uncondit-ionally quaran-
1472 teed as to the timely payment of principal and interest by the
1473 United States of America and certificates representing ownership
1474 of either Treasury bond principal at maturity or its coupons for
1475 accrued periods, providing that the underlying Treasury bond or
1476 coupons are held by an independent third party;
14 78
14 7 9 (b) bonds, notes and other evidences of indebtedness of
1480 the Federal Land Banks, Federal Home Loan Banks, Federal Farm
1481 Credit Banks, Federal National Mortgage Association, Federal In-
1482 termediate Creait Banks and Federal Banks for Cooperatives;
1484
1485 (c) bonds, notes and other evidences of indebtedness of
1486 the Commonwealth of Virginia and securities unconditionally quar-
1487 anteed as to the timely payment of principal and interest by the
1488 Commonwealth of virginia, provided such obligations are rated Aa
1489 or better by Moody's Investors Service, Inc. and AA or better by
14 90 @tandard & Poor's Corporation;
1491
1492 (d) bonds, notes and other evidences of indebtedness that
1493 are direct general obligations of any county, city, town, dis-
14 94 trict, authority or other public body of the Commonwealth -of Vir-
1495 ginia upon which there is no default, and revenue bonds issued by
1496 agencies or authorizes of the Commonwealth or its politi-cal sub-
1497 divisions upon which there is no default which in any case are
1498 rated Aa or better by moody's Investors Service, Inc. and AA or
1499 better by Standard & Poor's Corporation;
1501
1502 (e) bonds, notes and other evidences of indebtedness of
1 5 0 3 any state of the United States of kmerica upon which there is no
1 5 0 4 aefault and which comply with the requirements of Virginia Cod-e
1 5 0 5 Section 26-40(3) or any successor provision of law which ar-e
11506 rated Aa or better by Moody's Investors Service, Inc. and AA or
1507 better by @tandard & Poor's Corporation;
'@509
'@510 (f) bonds, notes and other eviderices of indebtedness of
1511 any city, county, town or district situated in any one of the
1512 states of the United States upon which there is no default which
'-513 are rated Aa or better by moody's Investors Service, Inc. a-nd AA
1.515 or better by @tandard & Poor's Corporation;
2 6 5
2 6 6
2 6 7 -20-
5 9
2 6 0
2 6 1
2 6 2
1518 (-g) conimercial paper with a maturity of.270 days or less
1518 rated by Aoody's Investors Service, Inc. within its ratings of
1519 prime 1 or prime 2, or by standard & Poor's Corporation within
1520 its ratings of A-1 or A-2, or by Fitch Investors Service within
1521 its ratings of F-1 or F-2;
1523
1524 (h).time deposits, certificates of deposit or other in-
1525 terest bearing accounts of arly commercial bank within the Common-
1526 wealth that is approved for the deposit of funds of the Con-mon-
i 0
1527 wealth or any Political subdiv si n thereof, provided that (a)
1528 such investments are secured in the manner required by the Vir-
1529 ginia Security for Public Deposits Act or any successor 2rovision
1530 of law, or (b) such investments are fully insured by the Federal
1531 Deposit Insurance Corporation or any successor Federal Agency,
1532 and (c) no such investments shall be made for a-period in excess
1533 of five years; and
1534
1535 (i) savings accounts and certificates of savings a nd loan
1536 associations which are under the supervision of the Commonwealth
1537 and are approved for the deposit of funds of the Commonwealth or
1538 any political subdivision thereof, or Federal associations orga-
1539 nized under the laws of the United States and under Federal su-
1540 pervision that are approved for deposit of funds of the Common-
1541 wealth or any political subdiv'sion thereof, provided that (a)
1542 such investments are secured in the manner required by the Vir-
1543 ginia Security for Public Deposits Act or any successor provision
1544 of law, or (b) such investments are fully insured by the Federal
1545 Savings and Loan Insurance Cor 0
_ p ration or any successor Federal
1546 agency, and (c) no such investments shall be made for a period in
1547 excess of five years.
1 5 4 8
1549 Any investments described in subsections (a), (b) and (c) of this
1550 section may be purchased by the Trustee pursuant to a repurchase
1551 agreement with any bank, including an afiiliate of the Trustee,
1553 within or without the Commonwealth of virginia having a combined
1555 capital, surplus and undivided profits of not less than
1556 $50,000,000, 2rovided that the obligation of the bank to repur-
1558 chase is within 12 months. Suc@ repurchase agreement shall be
1561 considered a purchase of suc@ securities even if title-to and/or
1562 possession of such securities is not transferred to the Trustee,
1564 so long as (A) the repurchase obligation of the bank is collater-
1565 alized by the securities themselves, (B) such investments have on
1566 the date of the repurchase agreement and at all times thereafter
I-;68 a fair market value equal to at least 100% of the amount of the
l@@69 repurchase obligation of the bank, including principal and inter-
1571 est, and (C) such investments are held by a third party as agent
1572 for the benefit of the Trustee as fiduciary for the holders of
7 3the Certificates and not as agent for the bank serving as Trustee
7@574 in its commercial capacity or any other party and are segregated
1575 from securities owned generaily by such third party or the bank,
'@;77 or (iv) a perfected security i terest in suc
n h investments is
6 5
66
-21-
2 5 8
2 5 9
2 6 0
2 6 1
2 6 2
1578 created for the benefit of the holders of the Certificates under
1580 the Uniform Commercial Code of Virginia, or book entry proc-edures
1581 prescribed at 31 C.F.R. 306.1 et seq. or 31 C.F.R. 350.0 et seq.
1582
1583 In addition, investments in a money market or cther fund,
1584 investments of which fund are exclusively in obligations or secu-
1585 rities described in subsections (a), (b) and (c) of this section,
1586 shall be considered investments in obligations described in
1587 subsections (a), (b) and (c).
1588
1589 Any such investments shall be held by or under the con-
1589 trol of the Trustee and while so held shall be deemed a part of
1591 the fund in which such moneys were originally held. The interest
1592 accruing thereon and any profi@ realized therefrom shall be cred-
1593 ited to such funds, and any loss resulting from such investments
1595 shall be charged to such funds; provided, however, any such in-
1596 terest or profit earned on the Debt Service Reserve Fund shall be
1598 credited against amounts due as Base Payments on each March 1 and
1599 September 1 so long as there will remain on deposit in the Debt
1601 SService Reserve Fund the amount of the Debt Service Reserve Re-
1602 quirement after such credit and no Event of Default has occurred
1604 and is continuing. The Trustee shall sell and reduce to cash a
1607 sufficient amount of such investments whenever the cash balance
1608 in any fund is insufficient for the purposes thereof.
1609
1610 In computing the amount in any Fund, obligations pur-
1611 chased as an investment of moneys therein shall be valued at cost
1612 or the principal amount thereof, whichever is lower, exclusive of
1613 accrued interest, except that investments in the Debt Service Re-
1614 serve Fund shall be valued at the market value thereof, exclusive
1615 of accrued interest.
1616
1617 Moneys held in the following funds shall be invested in
1618 securities of the following maturities:
1 62 0
1621 (.i Acquisition and Construction Fund - not to
1621 exceed the dates on which such moneys will be needed to pay costs
1622 of acquisition of Property or Cost of a Project.
1 6 2 4
1625 ii) Certificate Fund - not to exceed the date
'@626 on which such moneys will be needed to pay principal of or inter-
'@627 est on the Certificates.
1628
'-629 (iii) Debt Service Reserve Fund - not @o exceed
1 6 3 0 _ years but in no event later than the last maturity date on
-@631 the Outstanding Certificates.
'-632
!'0-33 Base Payments received by the Trustee from the City 2ur-
1- 6 3 4 suant to Section 702 shall be invested exclusively in obligations
1635 described in subsections (a) and (c) until payment in Tull of the
@@@636 principal and interest due on the Payment Date with respect to
--637 which such Base Payments were made.
2 6 5
2 6 6
2 6 7 -22-
2 5 9
2 6 0
2 6 1
2 6 2
1640 ARTICLE X
1641
1642 PARTICULAR COVENANTS
1 64 3
1644 Section 1001. Covenants, Representations and Warranties.
1645 (a) The City covenants and agrees with the Trustee to perform
1646 all obligations and duties imposed on it under the Le-ase Agree-
1647 ment and this Agreement.
1649
1650 (b) The City represents and warrants to the Trustee
1651 that each representation and warranty made by the Cit-y in
1652 Section 2.2 of the Lease Agreement is true and correct as of the
1654 date of delivery of this Agreement. Each such representation and
1655 warranty is incorporated herein by reference as-if fully set
1656 forth herein and shall inure to and be for th-e benefit of the
1657 Trustee.
1658
1659 Section 1002. Notice of Non-Pavment. In the event of
1661 delinquency in the payment of any Base Payment due by the City
1662 pursuant to the Lease Agreement, the Trustee shall, after five
1663 days following the date upon which such delinquent Base Payment
1663 was due, immediately give notice of the delinquency and the
1665 amount thereof to the City. The failure to give such notice
1666 shall not affect the obligation of the City to pay any such Base
1667 Payment.
1668
1669 Section 1003. No Obligation to Owners for Base Payment.
1670 The Leasing Company shall have no obligation or liability to t-he
1671 Z!ertificate holders with respect to the payment of the Base Pay-
1672 ments by the City when due or with respect to the performance by
1673 the City of any other covenant made by it in the Lease Agreement.
1675
1676 Section 1004. No ResDonsibility for Sufficiency. -he
1677 Trustee shall not be responsible for the sufficiency of the Lease
1678 Agreement or of the assignment made to it of rights to receive
1679 moneys pursuant to the Lease Agreement, or the value of or title
1680 to the Property.
1681
1682 Section 1005. Further Assurances. The parties hereto
1683 shall ma@e, execute and deliver any and all such further docu-
1684 ments, instruments and assurances as may be reasonably necessary
1685 or proper to carry out the intention or to facilitate the perfor-
1686 mance of this Agreement and for the better assuring and con-
1687 firming unto the Trustee and the Certificate holders of their
1689 rights and benefits provided in this Agreement, the Assignment
1690 Agreement and the Lease Agreement.
10,91
1691
1691
1691
1691
2 6 5
2 66
2 67 -23-
-@o
,@ 5 9
2 6 0
2 6 1
2 6 2
1693 ARTICLE XI
1694
1695 EVENTS OF DEFAULT AND REMEDIES
1696
1697 Section 1101. Events of Default. Each of the followin(g
1698 events shall be an Event of Default:
1699
1700 (a) Failure of the City to make any payment when due
1701 under the Lease Agreement;
1702
1703 (b) Termination of the Lease Agreement pursuant to
1704 Section 7.1 of such Agreement;
1 7 0 5
1706 (c) An event of default under the Lease Agreement;
17 0 8
1709 (d) Failure of the City to observe and perform any
1709 of its covenants, conditions or aqreements under this Agreement
1711 for a period of 60 days after notice from the Trustee, @ecifyinq
1713 such failure and requesting that it be remedied, or in the case
1714 of any such default that cannot with due diligence be cured with-
1715 in such 60 day period, failure of the City to proce-id promptly to
1716 cure the same and thereafter prosecute the curing of such default
1717 with due diligence;
1718
1719 (e) (1) Commencement by the City of a voluntary case
1721 under the Feaeral ban@ruptcy laws, as now or hereafter constitut-
1722 ed, or any other applicable Federal or state bankruptcy, insol-
1723 vency or other similar law, (2) consent by the City to the ap-
1724 pointment of a receiver, liquidator, assignee, trustee,
1725 custodian, sequestrator or other similar official for the City or
1726 any substantial part of its property, or To the taking possession
1727 by any such official of any substantial part of the property of
1728 the City, (3) making by the City of any assignment for the bene-
1729 fit of creditors, or (4) taking of corporate action by the city
1730 in furtherance of any of the foregoing;
1 7 3 2
1733 (f) The entry of any (1) decree or order for relief
1734 by a court having jurisdiction over the City or its property in
1735 an involuntary case under the Federal bankruptcy laws, as now or
1736 hereafter constituted, or any other applicable Federal or state
1737 bankruptcy, insolvency or other similar law, (2) appointment of a
1738 receiver, liquidator, assignee, trustee, custodian, sequestrator
1739 or similar official for the City or any substantial part of its
1 7 4 0 property, or (3) order for the termination or liquidation of.the
1741 City or' its affairs; or
1 7 4 2
1 7 4 3 (g) Failure of the City within 60 days after the
1 7 4 4 coramencement of any proceedings against it under the Federal
1 7 4 5 bankruptcy laws or any other applicable Federal or state bank-
1746 ruptcy, insolvency or similar law, to have such proceedinqs dis-
1747 missed or stayed.
2 6 5
2 6 6
2 6 7 -24-
2 58
2 5 9
2 6 0
2 6 1
2 6 2
1749 The provisions of subsection (d) of this section are sub-
1751 ject to the limitation that if by reason of force majeure the
1752 City is unable in whole or in part to observe and perform any of
1753 its covenants, conditions or agreements hereunder, other than in
1754 Subsection (a) or (b) of this Section, the City shall not be
1755 deemed in default during the continuance of such disability. The
1756 term .'force majeure" as used herein shall include without limita-
1757 tion acts of God; strikes, lockouts or other industrial distur-
1759 bances; acts of public enemies; orders of any kind of the govern-
1760 ment of the United States or of the Commonwealth of Virginia or
1761 any of their departments, agencies, political subdivisions or of-
1763 ficials, or any civil or military authority; insurrections;
1764 riots; epidemics; landslides; lightning; earthquakes; fires; hur-
1765 ricanes; storms; floods; washouts; droughts; arrests; restraint
1766 of government and people; civil disturbances; explosions; break-
1767 age or accident to machinery, transmission pipes or canals; par-
1768 tial or entire failure of utilities; or any other cause or event
1769 not reasonably within the control of the City. The City shall,
1771 however, remedy with all reasonable dispatch the cause or causes
1773 preventing it from carrying out its agreements, provided that the
1774 settlement of strikes, lockouts and other industrial disturbances
1775 shall be entirely within the discretion of the City, and the City
1776 shall not be required to make settlement of strikes, lockouts and
1777 other industrial disturbances by acceding to the demands of the
1779 ppposing party or parties when such course is in the judgment of
1780 the City unfavorable to it.
1781
1782 Section 1102. Adceleration. Upon the occurrence and
1782 continuation of an Event of Default, the Trustee may, and if re-
1784 quested by the holders of 25% in aggregate principal amount of
1785 Certificates then outstanding shall, by notice to the City, de-
1787 clare the entire unpaid principal of and premium, if any, and in-
1788 terest on the Certificates due and payable and, thereupon, the
1789 entire unpaid principal of and premium, if any, and interest on
1790 the Certificates shall forthwith become due and payable. Upon
1791 such declaration of acceleration the Trustee as assignee of the
1792 Leasing Ccmpany shalt immediately exercise the option under
1793 Section 6.2(a) of the Eease Agreement to declare the whole prin-
1794 cipal balance of the Base Payments to be immediately due and pay-
1795 able.
1 7 9 7
1798 Section 1103. Other Remedies; Rights of Certificate
1798 Holders. Upon the occurrence and continuation of an Event of De-
1799 fault the Trustee may proceed to protect and enf,--rce its rights
1801 and the rights of the Certificate holders under the Deed of Trust
1803 by taking possession o@ the Property and causing the Property to
1804 Se leased or the leasehold estate in the Property to be sold.
1806 The Triistee may also protec'. and enforce its rights hereunder and
1807 under this Agreement, the Lease Agreement and the Assignment
1809 Agreement by mandamus or other suit, action or proceeding at law
1813 or in equity, including an action for specific performance of any
1815 agreement herein contained.
2 6 5
2 6 6
2 6 7 -25-
2@8
2 5 9
" 6 0
2 6 1
2 6 2
1817 !Ipon the occurrence and coritinuation of an Event of De-
1817 fault, if requested to do so by the holders of 25% in aggregate
1819 principal amount of Eertificates then outstanding and if indemni-
1821 fied as provided in @ection 1201(1), the Trustee shall exercise
1822 such one or more of the rights and powers conferred by,this arti-
1823 cle as the Trustee, @on being advised by counsel, shall deem
1824 most expedient in the interests of the Certificate holders.
1826
1827 No remedy conferred by this Agreement upon or reserved to
1828 the Trustee or to the Certificate holders is intended to be ex-
1828 clusive of any other remedy, but each such remedy shall be cumu-
1829 lative and shall be in addition to any other remedy given to the
1831 Trustee or to the Certificate holders hereunder or now or hereaf-
1831 Ter existing at law or in equity or by statute.
1833
1834 No delay or omission to exercise any right or power ac-
1835 cruing upon any Event of Default shall impair any such right or
1836 power or shall be construed to be a waiver of any such default or
1837 Event of Default or acquiescence therein, and every such right
1838 and power may be exercised from time to time and as often as may
1839 be deemed expedient.
1840
1841 Section 1104. Right of Certificate Holders To Direct
1841 Proceedi@gs. Anything in this Agreement to the contrary notwith-
1842 standing, the holders of a majority in aggregate principal amount
1844 of Certificates then outstanding shall have the right, at any
1845 time, by an instrument or instruments in writing executed and de-
1846 livered to t@e Trustee, to direct the method and place of con-
1847 ducting all proceedings to be taken in connection with the en-
1848 forcement of the terms and conditions of this Agreement or any
1849 other proceedings hereunder; provided, however, that such direc-
1850 tic)n shall not be otherwise than in accordance with the provi-
1851 sions of law and of this Agreement.
1852
1853 No waiver of any default or Event of Default hereunder,
1854 whether by the Trustee pursuant to Section 1009 or by the Certif-
1855 icate holders, shall extend to or shall affect any subsequent
1856 Event of Default or shall impair any rights or remedies conse-
1857 quent thereon.
1858
1859 Section 1105. Application of moneys. All moneys re-
1859 ceived by the Trustee pursuant to any right given or action taken
1861 under the provisions of this article shall, after payment of the
1862 cost and expenses of the proceedings resulting @@.Q the collection
1863 of such moneys, the expenses, liabilities and advances incurred
1864 or nade by the Trustee and its fees and the expenses of the City
1865 in carrying out this Agreement, be deposited in the Certificate
1866 Fund and applied as follows and for no other purpose:
1868
1868
1868
2 6 5
2 6 6
2 6 7 -26-
2 5 9
1- 6 t)
@61
2 6 2
1869 (a) Unless the principal of all the Certificates
1869 shall have b-ecome due or shall have been declared due and pay-
1870 able, all such moneys shall be applied:
1872
1873 First - To the payment to the persons entitled
1874 thereto of all installments of interest then due on
1875 @he Certificates, in the order of the maturity of the
18 7 5
installments of such interest and, if the amount
1876 available shall -not be sufficient to pay in ratably,
1877 full any
particular installment, then to the payment
1878 according to the amounts due on such installment, to
1879 the persons entitled thereto, without any discrimina-
1880 tion or preference except as to any difference in the
1881 respective rates of interest specified in the Certif-
1881 icates; and
18 8 2
1883 Second - To the payment to the persons entitled
1884 thereto of the unpaid principal of and premium, if
1884 any, on any of the Certificates which shall have be-
1886 come due (other than Certificates called for redemp-
1887 tion for the payment of which moneys are held pursu-
1888 ant to the provisions of this Agreement), in the
1888 order of their due dates, with interest on such Cer-
1889 tificates at the respective rates specified therein
1890 from the respective dates upon which they become due
1891 and, if the amount available shall not be sufficient
1892 to pa in full Certificates due on any par-
y ticular
1892 date, together with such interest, then first to the
1893 payment of such interest, ratably, according to the
1894 amount of such interest due on such date, and then to
1895 the payment of such principa-I and premium, if any,
1897 ratably, according to the amount of such principal
1897 due on such date, to the persons entitled thereto,
1898 without any discrimination or ]2reference except as to
1899 any difference in the respective rates of interest
1900 specified in the Certificates.
1901
1902 (b) If the principal of all the Certificates shall
1902 have become due, all such moneys shall be applied to the payment
1905 of the principal and interest then due and unpaid upon the Cer-
1906 ti; n -in
@icates, without preference or priority of pri cipal over -
1908 terest or oT interest over Principal, or of any installment of
1909 interest over any other installment of interest, or of any Cer-
1910 -ificate over any other Certificate, ratably, according to the
1912 amounts due respectively for principal and interest, to the per-
1913 sons entitled thereto, without any discrimination or preference
1914 except as to any difference in the resr)ective rates of interest
1915 specified in the Certificates.
1917
1917
1917
2 6 5
2 6 6
2 6 7 -27-
2 5 8
2 5 9
2 60
2 61
2 6 2
1918 (c) if the principal of all the Certificates shall
1918 have been declared due and payable and if such declaration shall
1920 thereafter have been rescinded and annulled under the provisions
1921 of this article, then, subject to the provisions of subsection
1922 (b) of this section in the event that the principal -of all the
1923 Certificates shall later become due or be declared due and pay-
1924 able, the moneys shall be applied in accordance with the provi-
1925 sions of subsection (a) of this section.
1 9 2 6
1927 Whenever moneys are to be applied pursuant to the provi-
1928 sions of this section, such moneys shall be applied at such times
1929 and from time to time as the Trustee shall determine, having due
1930 regard to the amount of such moneys available for application and
1931 the likelihood of additional moneys becominq available for such
1932 application in the future. Whenever the Trustee shall apply such
1933 moneys, it shall fix the date (which shalf be an interest payment
1934 date unless it shall deem another date more suitable) on which
1935 such application is to be made and on such date interest on the
1936 amounts of principal to be paid on such dates shall cease to ac-
1937 crue. The Trustee shall _qive such notice as it may deem appro-
1938 priate of the deposit with it of any such moneys and of the fix-
1939 ing of any such date.
194 0
1941 Whenever the principal of and premium, if any, and inter-
1941 est on all Certificates have been paid under the provisions of
1942 this section and all expenses and charqes of the Trustee have
1943 been paid, any balance remaining in the several funds created by
1945 this Agreement shall be paid to the City.
1 94 6
1947 Section 1106. Remedies Vested in Trustee. All rights of
1948 action (including the right to file proof of claims) under this
1949 Agreement or under any of the Certificates may be enforced by the
1950 Trustee without the possession of any of the Certificates or the
1951 production thereof in any trial or other proceeding relating
1952 thereto, and any such suit or proceeding instituted by the Trus-
1953 tee may be brought in its name as Trustee without the necessity
1954 of joining as plaintiffs or defendants any holders of the Certif-
1955 icates, and any recovery of judgment shall be for the equal bene-
1956 fit of the owners of the outstanding Certificates.
1958
1959 Section 1107. Limitation on Suits. No holder of any
1960 Certificate shall have any right to institute any action, suit or
1962 proceeding at law or in equity for the enforcement of this Agree-
1963 ment or for the execution of any trust thereof or any other reme-
1964 dy hereunder, unless (a) a default has occurred and is continuing
1964 of which the Trustee has been notified as @rovided in Section
1965 1201(h), or of which by such section it is deemed to have notice,
1966 (b) such default has become an Event of Default and the holders
1967 of 25% in aggregate principal amount of Certificates then out-
1968 standing @ave made written request to the Trustee and offered it
i971 reasonable opportinity either to proceed to exercise the powers
2 6 5
2 6 6
2 6 7 -28-
61
2 6 2
1972 hereinbefore granted or to institute such action, suit or pro-
1973 ceeding in its own name, (c) such requesting Certificate holders
1974 have offered to the Trustee indemnity as provided in Section
1975 1201(1), (d) the Trustee has thereafter failed or refused to ex-
1977 ercise the powers hereinbefore granted, or to institute such -ac-
1978 tion, suit or proceeding in its, his or their own name or names,
1979 (e) no direction inconsistent with such written request has been
1980 given to the Trustee by the holders of a majority in aggregate
1981 principal amount of Certificates then outstanding, and (f) notice
1982 of such ac@ion, suit or proceeding is given to the Trustee; it
1983 being unaerstood and intended that no one or more holders of the
1985 Certificates shall have any right in any manner whatsoever to af-
1986 fect, disturb or prejudice this Agreement by its- his or their
1987 action or to enforce any rights hereunder except in the manner
1988 herein provided, and that all proceedings at law or in equity
1989 shall be instituted and maintained in the manner herein provided
1990 and for the equal benefit of the holders o@ all Certificates then
1991 Outstanding. The notification, request and offer of indemnity
1992 set forth above, at the option of the Trustee, shall be condi-
1994 tions precedent to the execution of the powers and trusts of this
i995 Agreement and to any action or cause of action Tor the enforce-
1996 ment of this Agreement or for any other remedy hereunder.
1998
,@999 Section 1108. Termination of Proceedings. In case the
2000 Trustee shall have proceeded to enforce any right under this
2001 Agreement and such proceedings shall have been discontinued or
2002 abandoned for any reason or shall have been determined adversely
2003 to the Trustee, then and in every such case the city, tiie Trustee
2004 and the Certificate holders shall be restored to their former po-
2006 sitions and rights hereunder ' and all rights, remedies and powers
2007 of the Trustee shall continue as if no such proceedings had been
2008 taken.
2 0 0 9
2010 Section 1109. Waivers of Events of Default. The Trustee
2011 may in its discretion waive any Event of Default hereunder or any
2013 action taken pursuant to any Event of Default and shall do so -on
2015 the request of the holders of (a) a majority in aggregate princi-
2016 pal amount of Certificates then Outstanding in respect of which
2017 default in the payment of principal and/or premium, if any,
2018 and/or interest exists, or (b) a majority in aggregate principal
-,019 amount of Certificates then Outstanding in the case of any other
,020 default; provided, however, that there shall not be waived with-
2021 out the consent of the holders of all Certificates then outstand-
2022 @ng (1) any Event of Default in the payment of the principal of
2024 any outstanding Certificates Twhether at maturity or by sinking
2025 fund redemption) or (2) any default in the payment when due of
'@027 the interest on aDy such Certificates unless, prior to such waiv-
2028 er or rescission,
2 0 2 9
2 0 2 9
0 2 9
2 6 5
2 6 6
2 6 7 -29-
2 5 9
2 6 0
2 6 1
2 6 2
2030 (A) there shall have been paid or provided for
2031 all arrears of interest at the rate borne by the Certifi-
2032 cates on overdue installments of interest, all arrears of
2033 principal and loremium, if any, and all expenses of the
2034 Trustee in connecton with such default, and
2 0 3 6
2037 (B) in case of any such waiver or rescission or
2038 in the case of any discontinuance, abandonment or adverse
2039 determination of any proceeding taken by the Trustee on
2040 account of any such default, the City, the Trustee ana
2040 the Certificate holders shall be restored to their former
2041 positions and rights hereunder respectively.
20 4 3
2044 No such waiver cr rescission shall extend to any subsequent or
2045 other default or impair any right consequent thereon.
2 04 7
2 0 4 7
2049 ARTICLE XII
2 0 5 0
2051 THE TRUSTEE
2 0 5 2
2 0 5 2
2053 Section 1201. Acceptance of Trusts and obligations. The
2054 Trustee @ereby accepts the trusts and obligations imposed upon-it
2055 by this Agreement and agrees to perform such trusts and obliga-
2056 tions, but only upon and subject to the following express- terms
2057 and conditions, and no implied covenants or obligations sh-all be
2058 read into this Agreement against the Trustee:
2 0 5 9
2060 (a) The Trustee, prior to the occurrence of an Event
2061 of Default and after the curing of all Events of Default whi-ch
2062 may have occurred, undertakes to perform such duties and only
2063 such duties as are specifically set forth in this Agreement and
2064 as a corporate trustee ordinarily would perform such duties under
2065 a corporate indenture. upon the occurrence and continuation of
2066 an Event of Default (which has not been curei or waived), the
2067 Trustee shall exercise such of the rights and powers vested in it
2068 by this Agreement and use the same deqree of care and skill in
2069 their exercise as a prudent man ordinarily would exercise and use
2070 under the circumstances in the conduct of his own affairs.
2 0 7 2
2073 (b) The Trustee may execute any of the trusts or
2074 powers hereo-f and perform any of its duties by or throuch attor-
2075 neys, agents, receivers or emplovees but shall be answe@able for
2 0 7 6 the conduct of the same in accoraance with the sta-ndard specified
2 0 7 7 above, and shall be entitled to act upon the opinion or ad,,,ice of
2078 its counsel concerning all matters of trust hereof and the duties
2079 hereunder, and may in all cases pay Eeasonable compensation to
2080 all such attorneys, agents, receivers and employees as may rea-
2081 sonably be employed in connection with the trust hereof. -Ihe
2082 Trustee may act on an Opinion of Counsel and shall not .ne
2 6 5
2 6 6
2 6 7 -30-
2 5 9
2 6 0
,- 6 1
2 6 2
2083 responsible for any loss or damage resulting from any action or
2084 nonaction by it taken or omitted to be taken in good faith and in
2085 reliance on such Opinion of Counsel.
2 08 7
2088 (c) The Trustee shall not be responsible for any re-
2089 cital herein or in the Certificates or for the recording, re-
2091 recording, filing or re-filing of any financing or continuation
2093 statement or any other document or instrument, or for insuring
2094 the Project, or collecting any insurance moneys, or for the va-
2094 lidity of the execution by the City of this Agreement or of any
2096 supplements thereto or instruments of further assurance, or for
2097 the sufficiency of the security for the Certificates issued
2097 !Tereunder or intended to be secured hereby, and the Trustee shall
2098 not be bound to ascertain or inquire as to the observance or per-
2100 formance of any covenants, conditions or agreements on the part
2101 of the City except as hereinafter set forth. The Trustee shall
2103 not be responsible or liable for any loss suffered in connection
2104 with any investment of moneys made by it in accordance with Arti-
2105 cle VIII.
21 0 6
2107 (d) The Trustee shall not be accountable for the use
2108 of any Certificates executed or delivered hereunder. The bank or
2109 trust company acting as Trustee and its directors, officers, em-
2110 ployees or agents may in good faith buy, sell, own, hold and deal
2111 in the Certificates and may join in any action which any holder
2112 may be entitied to take with like effect as if such bank or trust
2113 company were not the Trustee. To the extent permitted by law,
2114 such bank or trust company may also receive tenders of and pur-
2115 chase in good faith Certificates from itself, including any de-
2116 partment, affiliate or subsidiary, with like effect as if it were
2117 not the Trustee.
2118
2119 (e) The Trustee shall be protected in actinq on any
2120 notice, request, consent, certificate, order, affidavit, letter,
2121 telegram or other paper or document reasonably believed by it to
2122 be genuine and correct and to have been signed or sent by the
2123 proper person or persons. Any action taken by the Trustee pursu-
2124 ant to this Agreement on the request or authority or consent of
2125 any person who at the time of making such request or giving such
2126 authority or consent is the owner of any Certificate shall be
2127 conclusive and binding upon all future owners of the same Certif-
2128 icate and upon Certificates issued in exchange therefor or in
2130 place thereof.
2131
2 1 3 2 (f) As to the existence or non-existence of any fact
2133 or as '@o the sufficiency or validity of any instrument, paper or
2134 proceedinq, the Trustee shall be entitled to rely on a certifi-
2135 cate signed on behalf of the City by its City Manager or such
2137 other person or persons as may be designated for such purposes by
2138 resolution of the City, as sufficient evidence of the facts
2139 therein contained, and prior to the occurrence of a detault of
2 6 5
2 6 6
2 6 7 -31-
-, @- 0
@' 5 9
2 6 0
2 61
2 62
2140 which the Trustee has been notified as provided in subsection (h)
2141 of this section, or of which by such subsection it -is deemed to
2142 have notice, may also accept a similar certifica-te to the effect
2143 that any particular dealing, transactio-n or action is necessary
2144 or expedient, but may at its discretion secure such further evi-
2145 dence deemed necessary or advisable, but shall in no case be
2146 bound to secure the same. The Trustee may accept a certificate
2147 of the City Clerk to the effect that a resolution in the form
2149 therein set forth @as been adopted by the City as conclusive evi-
2150 dence that such resolution has been duly adopted and is in full
2151 force and effect.
2 1 5 2
2153 (g) The permissive right of the Trustee to do things
2154 enumerated in this Agreement shall not be construed as a duty,
2155 and the Trustee shall not be answerable for other than its negli-
2156 gence or willful default.
2 1 5 7
2158 (h) The Trustee shall not be required to take notice
2159 or be deemed to have notice of any default, except failure by the
2160 City to cause to be made any of the payments to the Trustee pur-
2161 suant to the Assignment Agreement or the Lease Agreement or fail-
2162 ure by the City to file with the Trustee any document required by
2163 this Agreement to be filed, unless the Trustee shall be notified
2165 of such default by the City or by the holders of 25% in aggregate
2167 principal amount of Certificates then Outstanding.
2168
2169 (i) At any and all reasonable times the Trustee and
2170 its duly aut@orized agents, attorneys, experts, engineers, ac-
2171 countants and representatives shall have the right, but shall not
2172 be required, to inspect the Property and all books, papers and
2174 records of the City pertaining to the Property and the Certifi-
2175 cates, and to make such memoranda from and in regard thereto as
2176 may be desired.
2 1 7 7
2178 (j) The Trustee shall not be required to give any
2179 bond or surety with respect to the execution of its rights and
2180 obligations hereunder.
2181
2182 (k) Notwithstanding any other provision of this
2183 Agreement except for making payment pursuant to Section 602, the
2184 Trustee shall have the right, but shall not be required, to de-
2185 mand, as a condition of any action by the Trustee in respect of
2186 the execiition of any Certificates, the withdrawal of any cash,
2187 the release of any property, or any action whatsoever within the
2188 purview of this Aqreement, any showings, certificates, opinions,
2189 appraisals or other information, or corporate action or evidence
2190 thereof, in addition to that required by the terms hereof.
2 1 9 2
2193 (i) Before takilig any action under this Agreement
2193 the Trustee may require that satisfactory indemnity be furnished
2194 to it for the reimbursement of all expenses to which it may be
2 6 5
2 66
2 6 7 -32-
2 5 9
1- 6 0
2 6 1
2 6 2
2195 put and to protect it against all liability by reason of any ac-
2196 tion so taken, except liability which is adjudicated to have re-
2198 sulted from its negligence or willful default.
21 9 9
2200 (m) All moneys received by the Trustee shall, until
2201 used or applied or invested as herein provided, be held in trust
2202 in the manner and for the purposes for which they were received
2203 but need not be segregated from other funds except to t@e extent
2204 required by this Agreement or by law. The Trustee shall not be
2205 under any liability for interest on any moneys received hereunder
2206 except such as may be agreed upon.
2 2 0 7
2208 Section 1202. Fees, Charges and Expenses of Trustee.
2209 Absent a specific agreement as to payment of the Trustee's fees,
2210 charges and expenses, the Trustee shall be entitled to payment
2211 and reimbursement for reasonable fees for its services rendered
2212 itereunder and all advances, counsel fees and other expenses rea-
2213 sonably and necessarily made or incurred by the Trustee in con-
2214 nection with such services. Upon the occurrence and continuation
2215 of an Event of Default, the Trustee shall have a first lien with
2216 right of payment prior to payment on account of principal of and
2217 premium, if any, and interest on any Certificate upon the funds
2218 and property held hereunder for the foregoing fees, charges and
2219 expenses incurred by the Trustee. When the Trustee incurs
2220 expenses or renders services after the occurrence of an Event of
2221 Default specified in Section 1101(e), (f) or (g), the expenses
2222 and the compensation for the services are intended to constitute
2223 expenses of administration under any federal or sta@e bankruptcy,
2224 insolvencv, arrangement, moratorium, reorganization or other
2225 debtor relief law.
2 2 2 6
2227 Section 1203. Merger or Consolidation of Trustee. Any
2228 corporation or association into which the Trustee may be con-
2229 verted or merged, or with which it may be consolidated ' or to
2230 which it may sell or transfer its trust business and assets as a
2231 whole or substantially as a whole, or any corporation or associa-
2232 tion resulting from any such conversion, sale, merger, consolida-
2233 tion or transfer to which it is a party, shall be and become suc-
2234 cessor Trustee hereunder and vested with all the trusts, powers,
2235 discretion, immunities, privileges and all cther matters as was
2 2 3 6 its predecessor, without the execution C)r filing of any instru-
2237 ment or any further act, deed or conveyance on the part of anv of
2238 the parties hereto, anything herein to the ccntrary notwithstand-
2239 ing.
2 2 4 0
2 2 4 1 Section 1204. Resignation by Trustee. The Trustee may
2 2 4 2 at anv tiine resign from the trusts hereby created by givilig @O
2243 days' notice to the City, the Leasing Company and all Certificate
2 2 4 4 holders. Such resignation shall take effect upon the appointment
2246 of a successor or temporary Trustee, as set forth in Section
2247 1207, by the Certificate holders, the City or a c(Durt of
2248 competent @urisdiction.
2 6 5
2 66
2 6 7 -33-
2 5 6
2 5 9
6 1
2 6 2
2250 Section 1205. Removal of Trustee. The Trustee may be
2251 removed at any time by an instrument or concurrent instruments in
2252 writing delivered to the Trustee and the City and signed by the
2254 holders of a majority in aggregate principal amount of Certifi-
2255 cates then Outstanding, but such removal shall take effect upon
2256 the appointment of a successor Trustee or the earlier appointment
2257 of a temporary Trustee by the Certificate holders, the City or a
2258 court of competent jursidiction.
2 2 6 0
2261 Section 1206. Appointment of Successor Trustee by
2262 Certificate Holders; Temporary Trustee. In case the Trustee
2263 shall resign, be removed, be dissolved, be in course of dissolu-
2264 tion or liquidation or otherwise become incapable of acting
2265 hereunder, or in case it shall be taken under the control of any
2266 public officer or officers or of a receiver @pointed by a court,
2267 a successor may be appointed by the holders of a majority in ag-
2268 gregate principal amount of Certificates then Outstandinq, by an
2270 instrument or concurrent instruments in writing signed by such
2271 owners; provided, however, that in case of such vacancy the City,
2272 by an instrument signed by the City Manager, may @point a tempo-
2274 rary Trustee to fill such vacancy until a successor Trustee shail
2275 be appointed by the Certificate holders in the manner provided
2277 above; and any such temporary Trustee so appointed by the City
2278 shall irnmediately and without further act be superseded by the
2279 Trustee so appointed by such Certificate holders. Every such
2281 Trustee appointed pursuant to this section shall be, if there be
2282 such an institution willing, qualified and able to accept the
2283 trust upon reasonable or customary terms, (a) a bank or trust
2284 company in the Commonwealth of Virginia, in good standing and
2285 havinq a combined capital, surplus and undivided profits of not
2286 less than $50,000,000, or (b) a subsidiary trust company under
2287 the Trust Subsidiary Act, Article 3.1, Chapter 2, Title 6.1, Code
2288 of Virginia of 1950, as amended, whose parent Virginia bank or
2289 bank holding company has undertaken to be responsible for the
2290 acts of such subsidiary trust company pursuant to the provisions
2291 of Section 6.1-32.7(a) of the Trust Subsidiary Act, or any suc-
2292 cessor provision of law, and whose combined capital, surplus and
2293 undivided profits, together with that of its parent Virginia bank
2294 or bank holding company, as the case may be, is not less than
2296 150,000,000.
2 2 9 7
2298 Section 1207. Concerning any Successor Trustee. Every
2299 successor Trustee appointed hereunder shall execute, acknowledge
2300 and deliver to its predecessor and also to the City an instrument
2301 in writing accepting such appointment hereunder, and thereupon
2302 such successor, without any turther act or deed of conveyance,
2303 shall beccme fully vested with all the properties, Eights, pow-
2304 ers, trusts, duties and obligations of its predecessor; but such
2305 predecessor shall, nevertheless, on the request of the City or
2306 the Leasing Company, execute and deliver an instrument trans-
2307 ferring to such successor Trustee all the properties, rights,
2 6 5
2 66
2 6 7 -34-
2 sa
2 5 9
2 6 0
2 6 1
2 6 2
2308 powers and trusts of such predecessor hereunder; and every prede-
2309 cessor Trustee shall deliver all securities and moneys held by it
2310 as Trustee hereunder to its successor. Should any instrument in
2311 writing from the City or any other party hereto be required by
2313 any successor Trustee for more fully and certainiy vesting in
2314 such successor the properties, rights, powers and duties hereby
2315 vested or intended to be vested in the predecessor, any and all
2316 such instruments in writing shall, on request, be executed, ac-
2317 knowledged and delivered by the City or such other party.
2 3 1 9
2320 Section 1208. Trustee Protected in Relying on
2321 Resoluti@ns, etc. The resolutions, opinions, certificates and
2322 other instruments provided for in this Agreement may be accepted
2323 by the Trustee as conclusive evidence of the facts and conclu-
2324 sions stated therein and shall be full warrant, protect-ion and
2325 authority to the Trustee for the release of property and th-e
2326 withdrawal of cash hereunder or the taking of any other action by
2326 the Trustee as provided hereunder.
2 3 2 7
2328 Section 1209. Successor Trustee as Paying Agent,
2328 Registra@ and Custodian of Funds. In the event of a chancje in
2330 the office of Trustee, the predecessor Trustee which has resigned
2331 or been removed shall cease to be paying agent and registrar for
2332 the Certificates and custodian of the funds created hereunder,
2334 and the successor Trustee shall become such paying agent, regis-
2335 trar and custodian.
2 3 3 6
2 3 36
2338 ARTICLE XIII
2 3 3 9
2340 AMENDMENTS AND DEFEASKNCE
2 3 4 1
2 3 4 2 Section 1301. Amendments. (a) This Agreement and the
2343 rights and obligations of the City, the Leasing Company, the
2345 Trustee and the Certificate holders may be mod'@fied or amended
2346 from time to time and at any time by an agreement or agreements
2347 supplemental hereto, without the consent of any Certificate hold-
2349 ers, but only to the extent permitted by law and only for any one
2350 or more of the following purposes:
2 3 5 2
2 3 5 3 (1) to add to the covenants and agreements of
2 3 5 3 the Cl-,Y, the Leasing Company and the Trustee other
2355 covenants and agreements thereafter to be observed,
2356 to pledge or assign additional security for the Cer-
2357 tificates @or any portion thereof), or to surrender
2357 any right or power herein reserved to or conferred
2358 upon the City, provided that no such covenant, agree-
2159 ment, pledqe, assignment or surrender shall ,naterial-
2360 ly adverseiy affect the interests of the Certificate
2361 holders;
2 3 6 2
2 6 5
2 66
2 6 7 -35-
9
2 6 0
6 1
2 6 2
2363 (2) in the event that the Series of 1987 Cer-
2365 tificates are no longer outstanding, to remove Trom
2366 the terms of this Agreement any or all of the Proper-
2367 ty on which there are no improvements financed by the
2368 issuance of Certificates;
2 3 6 9
2370 (3) at any time when all Certificates of any
2371 series are no longer outstanding, to release-the
2372 Leasing Company for any such series of Certificates
2373 from the terms of this Agreement as a Leasing Compa-
2374 ny;
2 3 7 5
2376 (4) to make such provisions for the purpose of
2376 curing any Ambiguity, inconsistency or omission, or
2377 of curing or correcting any defective provision,
2378 contained in this Agreement, or in regard to matters
2379 or questions arising under this Agreement, as the
2380 City, the Leasing Company @nd the Trustee may deem
2382 necessary or desirable and not inconsistent with this
2383 Agreement, and which shall not materially adversely
2383 affect the interests of the Certificate holders; or
2 38 5
2386 (5) to modify, amend or supplement this Agree-
2386 ment in such manner as to permit the qualification
2387 hereof under @he Trust Indenture Act of 1939, as
2388 amended, or any similar-federal statute hereafter in
2389 effect, and to add such other te-rms, conditions and
2390 provisions as may be permitted by said act or similar
2391 federal statute, and which shall not materiall-y ad-
2392 versely affect the interests of the Certificate hold-
2392 ers; or
2 3 9 3
2394 (6) to authorize the issuance of and to secure
2395 one or more series of Additional Certificates as pro-
2396 vided in and upon compliance with Article IV to ldro-
2396 vide for (A) the deposit and disbursement of the pro-
2--,97 ceeds of such Additional Certificates, to pay the
2398 expenses of the issuance of such Additional Certifi-
2399 cates and to pay the cost of all or any part of any
2400 Project to be financed by means of such Additional
2400 @ertificates or to refund all or part of another se-
2401 ries of Certificates, as the case may be, (3) the
2402 oayment of the principal of and premium, if any, and
2403 inl.erest cn such Additional Certificates, (C) to add
2403 an additional Leasing company, @nd (D) such other
2405 changes necessary in connection with the issuance of
2406 such Additional Certificates as shall not, @n the
2 4 0 7 opinion of the Trustee, prejudice in any -nateriai re-
2408 spect the rights of the holders of the Certificates
2408 then outstanding.
2 41 0
2 6 5
2 6 6
2 6 7 -36-
5 9
6 0
(-D 1
2 6 2
2411 By execution hereof, the Leasing Company agrees that the execu-
2412 tion of any agreement pursuant to this subsection by the City
2413 shall be deemed to be executed by the Leasing Company as well and
2414 no further action by the Leasing Company is necessary.
2415
2416 (b) ThiS Agreement and the rights and obligations of
2417 the City, the Leasing Company, the Trustee and the Certificate
2418 holders may be modified or amended from time to time and at any
2419 time by an agreement or aqreements supplemental hereto, but no
2421 such amendment shall become effective until approved by the hold-
2423 ers of two-thirds in aggregate principal amount of Certificates
2424 then Outstanding; provided, however, that no such amendment shall
2425 impair the right of any Certificate holder to receive his payment
2428 in accordance with his Certificate.
2 4 2 9
2430 (c) The Trustee shall not execute any agreement sup-
2431 plemental to this Agreement unless there shall have been filei
2432 with the Trustee an opinion of Counsel stating that such supple-
2433 mental agreement is authorized or permitted by this Agreement and
2434 complies with its terms and that upon its execution it will be a
2435 valid and binding obligation of the City.
2 4 3 6
2437 Section 1302. Defeasance. If (a) all Certificates se-
2439 cured hereby shall have become due and payable in accordance with
2440 their terms or otherwise as provided in this Agreement or have
2441 been duly called for redemption or irrevocable instructions to
2442 call the Certificates or pay them at maturity have been given by
2444 the City to the Trustee and (b) the Trustee holds for such pay-
2445 ment cash or noncallable direct obligations of the United States
2447 of Lnerica, or noncallable obligations, timely payment C)f -which
2448 is quaranteed by the United States of America, the principal of
2450 and the interest on which at maturity will be sufficient (1) to
2452 redeem in accordance with the relevant section hereof all-Cer-tif-
2452 icates that have been called for redemption or for which irrevo-
2454 cable instructions for call for redemption have been given, on
2456 the date set for such redemption, (2) to pay at maturity all Cer-
2457 tificates not irrevocably called for redemption, (3) to pay in-
2460 terest accruing on all Certificates prior to their redemption or
2461 payment at maturity, (4) to make all required arbitrage rebate
2462 payments.to the United States of America, and (5) to pay to the
2464 Trustee its reasonable fees and expenses and any other fees and
2465 expenses for which the City is responsible, including the costs
2467 and expenses of cancelling and discharging t@is Aqreement, then
2468 the Trustee shall at the expense of the City cancel and discharge
2469 this Agreement and deliver to the City such instruments in writ-
2470 ing as shall be requisite to discharge the lease under the Lease
2472 Agreement, and assign and deliver to the City @nv pror)erty at the
24-/4 time subject to this Agreement that may then be in its posses-
2475 sion, except for the cash or obligations in which such funds are
2477 invested which are held by the Trustee for the payment of Certif-
2478 icates and other fees and expenses as provided above.
2 65
2 66
267
z Z) 0
2 5 9
2 6 0
2 6 1
2 6 2
2481 Certificates f or the payment or redemption of which cash
2483 or noncaflable direct obligations of the United States of
2484 America, or noncallable obligations, timely payme-nt of which is
2485 guaranteed by the United States of America, the principal of and
2486 interest on which will be sufficient therefor shall have been
2487 deposited with the Trustee (whether on or prior to the date of
2488 their maturity or their redemption date) shall be deemed to be
2490 paid and no longer Outstanding; provided, however, that if such
2491 Certificates are to be redeemed prior to the maturity thereof,
2492 notice of such redemption shail have been du I y given or arrange-
2493 ments satisfactory to the Trustee shall have been made for the
2494 giving thereof.
24 95
2 4 9 5
2497 ARTICLE XIV
24 98
2 4 99
2 500
2 5 0 1 Section 1401. ebate Fund. There is hereby
2 5 0 2established the City ot Virginia Beach, Vi @ginia, 1987 Real Es-
2 5 0 3tate Lease Arbitrage Rebate Fund. The City shail transfer f-
rom
2505 any available source to a separate subaccount for The Series of
2507 1987 Certificates in the Arbitrage Rebate Fund (a) the amount
2508 shown in any Rebate Amount Certificate, as hereinafter defined
2509 (the Rebate Amc)unt), and (b) all earnings on the investment of
2511 amounts in such subaccount. Notwithstanding anything in this
2512 Agreement to the contrary, the Arbitrage Rebate Fund is not
2514 pledged to the payment of Certificates and shall not be used to
2516 pay Certificates.
2 51 7
2518 Section 1402. alculation ort of Rebate Am
2 52 0The City shall cause the R ba be r@ uaily
2521 as of each anniversary of the date of lssuan ce of the Series of
2 5 2 21987 Certificates and again as of the date of f inal 12avment of
2 5 2 4the Seri es of 1987 Certif i cates, Lwhet her or not such C;rtif i cates
2526 are deemed paid pursuant to Section 1302 of this Agreement (a Re-
2 52 7Sate Amount Certificate). Such computations shall be prepared or
2 5 2 8approved in writing by an iitdependent certified pub I ic accountant
2 5 2 9or other person reasonably acceptable to the Trustee. The City
2531 shall retain the records of determination of the Rebate Amount
2 5 3 3until six years after the retirement or redemption of the last
2 5 3 4outstanding maturitv of the Series of 1987 Certif icates-. The
2 5 3 6City shall provide any Certificate holder ueon request a copy of
253i its Rebate Amount Certificate. The Trustee shall idrovide all in-
2539 formation to the C-ty relating to amounts on depos-it from t-ime to
2 54 0time in ail funds created hereunder and all investment earnings
21,41 and losses thereon.
-,54 2
@543 Section 1403. ment of Rebate Amount. Not later than
'544 30 days arter live years from t-he dat - nce of the Series
- If
-'/545 of 1987 Certificates, @he City shall pay to the United States Of
:5
-38-
-'56
'59
2 6 0
2 6 1
2 62
2547 kmerica 90% of the Rebate Amount as set forth in the Rebate
2548 kmount Certificate. At least once durinq each five years there-
2550 after w@ile any of th-e Series of 1987 Certificates remain out-
2552 standing, the City shall pay to the United States o-f America 90%
2554 of the Rebate Amount set fort@ in the Rebate A-mount Certificat-e.
2556 Upon payment of the Series of 1987 Certificates, the City shall
2557 pay to the United States of America the amount, if any, by which
2559 100% of the amount set forth in such Rebate Amount Certificate
2560 exceeds the aggreqate of all payments theretofore made pursuant
2561 to the preceding sentence. All such payments shall be made from
2563 the subaccount for the Series of 1987 Certificates in the Arbi-
2565 trage Rebate Fund. Any balance remaining in such s-ubaccount
2566 after such final payment shall be paid to the City.
2 5 68
2569 Notwithstanding anything herein to the contrary, no such
2570 payment shall be made if the City receives an opinion of Bond
2571 Counsel to the effect that such payment is not required under the
2572 Code in order to prevent the Series of 1987 C-ertificates-from
2574 becoming "arbitrage bonds."
2 57 5
2576 Section 1404. Bona Fide Debt Service Fund Election. The
2577 City hereby elects that any amounts earned on any "bona fide d-ebt
2578 service fund" with respect to the Series of 1987 Certificates,
2579 within the meaning of Section 148 of the Code, with gross earn-
2580 ings of less than $100,000 for any year while the Series of 1987
2581 Certificatets remain outstanding shall be taken into account for
2583 purposes of de@ermining the Rebate Amount.-
2 58 5
2585
2587 ARTICLE XV
2 58 8
2589 MISCELLKNEOUS
2 590
2 590
2592 Section 1501. Limitations on Use of 1987 Series
2593 Certificate Proceeds. Subject to Section 4.6 of the Lease
2594 Agreement, the City covenants with the holders of the 1987 Series
2595 Certificates as follows:
2 5 9 7
2598 (a) The City shall not take any action or approve
2600 the Trustee's taking any action or making any investment or use
2601 of the proceeds of any 1987 Series Certificates (including fail-
2602 ure to spend the same with due diligence) that would cause the
2603 1987 Series Certificates to be "arbitrage bonds" within the mean-
2606 ing of Section 103(b)(2) of the Code and the regulations and
2607 rulinqs thereunder then applicable to such Certif'cates,
2609 including without limitation participating in any issue of obii-
@@610 gations that would cause @he 1987 Series Certificates to be part
2611 of an "issue" of obligations that are arbitrage bonds, within the
2613 meaning of Treasury Requiations Section 1.103-13(b)(10) or suc-
2614 cessor regulation, or otherwise cause interest on the 1987 Series
2 6 5
2 66
2 6 7 -39-
2 5 8
2 5 9
2 6 0
2 6 1
2 62
2615 Certificates to be includable in the gross income of the regis-
2617 tered owners.
2618
2619 (b) The City shall comply with any provision of law
2620 that may require the City at any time to rebate to the United
2621 @tates any part of the earnings derived from the investment of
2622 gross proceeds of the 1987 Series certificates.
2 6 2 3
2624 (c) Barring unforeseen circumstances, the City shall
2625 not approve the use of the proceeds from the sale of any 1987 Se-
2626 ries Certificates otherwise than in accordance with the City's
2628 "arbitrage" certificate delivered immediately prior to the issu-
2629 ance of such Certificates.
2 63 0
2631 (d) The City shall not permit the gross proceeds of
2632 any 1987 Series Certificates to be used in any manner that would
2635 result in either (1) 10% or more of such proceeds being consid-
2636 ered as having been used directly or indirectly in any trade or
2637 business carried on Ey any person other than a qovernmental unit
2638 as provided in Section 141(b) of the Code, or (2) 5% or more of
2641 such proceeds being considered as having been used directly or
2642 indirectly to make or finance loans to any person other than a
2643 qovernmental unit as provided in Section 141(c) of the Code; pro-
2644 vided, however, that if the City receives an opinion of Bond
2646 Counsel that any such restriction is not required to prevent the
2647 interest on such Certificates from being includable in the qross
2648 income of the registered owners thereof under existing statutes,
2649 the City need not comply with such restriction.
2 651
2 652 (e) The City shall not take any other action that
2653 would adversely affect, and shall take all action within its
2654 power necessary to maintain, the exemption of interest on all
2655 1987 Series Certificates from Federal income taxation.
2 65 7
2 6 58 Section 1502. Trustee To Keep Records. The Trustee
2658 shall keep a copy of this Agreement and books and records of all
2660 moneys received and disbursed under this Agreement, which shall
2661 Ee available for inspection by the City and the Certificate hold-
2662 ers at any time during regular business hours.
2 6 6 3
2 664 Section 1503. Notices. Unless otherwise provided here-
2665 in, all @emands, notices, approvals, consents, requests, o inions
-P
2666 and other communications hereunder shall be in writing and shall
2667 be deemed to have been given when delivered in person or mailed
2668 bv first class registered or certified mail, postaqe prepaid, ad-
2 6 69 dressed (a) if to the City, at Muni(-ipal Center, Virqinia Beacti,
2 670 Virginia 234@6 (Attention: kssistant City Manager for Adminis-
2 671 tration), (b) if to the Leasinq Company, at P. 0. Box _,
2674 (Attention: (c)
2677 if to the Trustee, at Richmond, Virginia
2 6 7 8 (Attention: Corporate Trust Department). The City, the
26 5
2 66
2 6 7 -40-
2 58
2 5 9
2 60
2 6 1
2 6 2
2679 Leasing Company and the Trustee may, by notice given hereunder,
2680 designate any further or different addresses to which subsequent
2681 demands, notices, approvals, consents, requests, opinions or
2682 other communications shall be sent or persons to whose attention
2683 the same shall be directed.
2 68 5
2686 Section 1504. Severability. If any provision of this
2687 Agreement shall be held invalid by any court of competent juris-
2688 diction, such holdinq shall not invalidate any other provision
2689 hereof.
2 6 90
2691 Section 1505. Successors and Assigns. This Agreement
2692 shall be binding upon, inure to the benefit of and be enforceable
2693 by the parties and their respective successors and assigns.
2 6 96
2 697 Section 1506. Applicable Law. This Agreement shall be
2698 governed by the laws of the Commonwealth of Virginia.
2 7 0 1
2 7 0 2 Section 1507. Counterparts. This A(greement may be exe-
2703 cuted in several counterparts, each of which shall be an originai
2704 and all of which together shall constitute but one and the same
2705 instrument.
27 0 6
2707 IN WITNESS WHEREOF, the parties have caused this Agree-
2708 ment to Ee duly executed as of the date first written ahove.
2 7 1 2
27 1 2
2713 CITY OF VIRGINIA BEACH, VIRGINIA
2 7 1 4
2 7 1 4
2715 By
2716 City Manager
2 7 1 7
2 7 1 7
2718
2 7 1 9
2 7 1 9
2720 By
2 7 2 1 Its
2 7 2 2
2 7 2 2
2 7 2 3
2724 as Trustee
2 7 2 5
2 7 2 5
2 7 2 6 By
2727 Its
2 7 3 1
2 7 31
2 7 3 1
2 7 3 1
2 65
2 66
2 6 7 -41-
6 PF:'IaBeaLeAgr
7 Draft of 08/31/87 5:40 pm
8
8
8
10 REAL PROPERTY LEASE AGREEMENT
11
12
13
14 between
15
16
17
18
19
2 0
21
2 2
23 and
2 4
25
2 6
2 7
28 CITY OF VIRGINIA BEACH, VIRGINIA
2 9
2 9
2 9
2 9
29
29
29
2 9
2 9
2 9
31 Dated as of September 1, 1987
3 2
3 2
3 2
3 2
3 3
3 4
3 5
3 5
37 ALL RENTALS PAYABLE UNDER THIS LEASE HAVE BEEN ABSOLUTELY
37 @SSIGNED TO, AND ARE SUBJECT TO A SECURITY INTEREST IN
38 FAVOR OF - I TRUSTEE, UNDER A TRUST
39 AGREEMENT WITH FIRST UNION LEASIRG GROUP AND THE CITY
40 DATED AS OF SEPTEMBER 1, 1987, AS AMENDED OR @UPPLEMENTED
41 FROM TIME TO TIME. INFORMATION COMCERNING SUCH ASSIGN-
42 MENT AND SECURITY TNTEREST MAY BE OBTAINED FROM THE TRUS-
43 TEE AT RICHMOND, VIRGINIA.
45
45
4 5
4 5
4 5
b,'
6 2
6 2
6 2
6 2
6 2
6 2
6 2
64 TABLE OF CONTENTS
66
67 Page
69
70 Recitals ....................................................... 1
71
72 Granting Clauses ...............................................1
7 3
7 3
75 ARTICLE I
7 6
77 DEFINITIONS
78
79 1.1. Definitions ............................................ 1
80 1.2. Rules of Construction .................................. 4
81
81
83 ARTICLE II
84
85 REPRESENTATIONS
86
87 2.1. Representations by Leasing Company ..................... 4
88 2.2. Representations by City ................................ 5
89
89
91 ARTICLE III
9 2
93 ACQUISITION OF PROPERTY
9 4
95 3.1. Purpose of Lease ....................................... 6
96 3.2. Agreement To Acquire Property .......................... 6
9 7
97
99 ARTICLE IV
1 0 0
101 LEASE OF PROPERTY; PAYMENT OF RENTAL;
102 MAINTENKNCE; INSURKNCE; AND TAXES
1 0 3
104 4.1. Demise of Property ..................................... 7
105 4.2. Lease Term ............................................. 7
106 4.3. Rental Payments ........................................ 7
107 4.4. Prepayment of Rentals; Option To Purchase .............. 8
108 4.5. Debt Service Reserve Fund .............................. 8
109 4.6. Appropriations of Base Payments; Declaration
110 of Essentiality ........................................ 9
111 4.7. Insurance .............................................. 9
112 4.8. Expenses of Maintenance; Taxes ......................... 10
113 4.9. Net Lease .............................................. 10
5 7
58
59 (i)
4 9
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114 4.10. Proof of Payment of Taxes, etc ......................... 10
115 4.11. No Encumbrances ........................................ 11
116 4.12. Construction of Buildings .............................. 11
117 4.13. Transfer at End of Lease Term ............................ 11
118 4.14. Use of Proceeds ........................................ 11
119 4.15. Preservation of Tax Exempt Status of Interest .......... 11
1 2 0
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122 ARTICLE V
1 2 3
124 DAMAGE, DESTRUCTION OR CONDEMNATION
125
126 5.1. Damage or Destruction .................................. 12
127 5.2. Condemnation and Loss of Title ......................... 13
128 5.3. Application of Net Proceeds ............................ 15
1 2 9
129
131 ARTICLE VI
13 2
133 EVENTS OF DEFAULT AND REMEDIES
1 3 4
135 6.1. Events of Default ...................................... 15
136 6.2. Remedies ............................................... 16
137 6.3. Reinstatement after Event of Default ................... 17
138 6.4. No Remedy Exclusive .................................... 17
139 6.5. No Additional Waiver Implied by one Waiver ............. 18
140 6.6. Attorney's Fees and Other Expenses ..................... 18
141
141
143 ARTICLE VIT
1 4 4
145 TERMINATION OF LEASE
1 4 6
147 7.1. Right To Terminate ..................................... 18
148 7.2. Rights upon Termination ................................ 18
149 7.3. Reinstatement after Termination ........................ la
150
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152 ARTICLE VIII
1 53
154 TRUST AGREEMENT; ASSIGNMENT; AND AMENDMENTS
155
156 8.1. Trust Agreement ........................................ 19
157 8.2. Assignment ............................................. 19
158 8.3. Amendments ............................................. 20
159 8.4. No Merger .............................................. 21
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162 ARTICLE IX
163
164 MISCELLANEOUS
165
166 9.1. Notices ................................................ 21
167 9.2. Severability ........................................... 21
168 9.3. Successors and Assigns ................................. 22
169 9.4. Applicable Law ......................................... 22
170 9.5. Counterparts ........................................... 22
171 9.6. Entire Agreement ....................................... 22
172
173 Testimonium .................................................... 22
174 Signatures ..................................................... 22
175 Acknowledgements ............................................... 23
176 Receipt ........................................................ 24
177
178 Exhibit A - Description of Property
179 Exhibit B - Description of Property To Be Acquired
180 Exhibit C - Schedule of Base Payments
183
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184
192 THIS REAL PROPERTY LSASE AGREEMEXT, dated as of
193 September 1, 1987, between FIRST UNION LEASING GROUP,-A North
194 Carolina corporation (the Leasing Company), and the CITY OF VIR-
195 GINIA BEACH, VIRGINIA, a virginia municipal corporation (the
197 City);
198
198
200 W I T N E S S E T H:
20 1
202 WHEREAS, the Leasing Company is acquiring simultaneously
202 with the execution hereof a leasehold interest in the real prop-
204 erty jescribed in Exhibit A (the Property); and-
207
208 WHEREAS, the Leasing Company has agreed to lease the
208 Property to the City, and the City has agreed to lease the same
210 from the Leasing Company;
211
212 NOW, THEREFORE, for and in consideration of the mutual
213 covenants hereinafter contained, the parties hereto do hereby
214 agree as follows:
21 5
21 5
217 ARTICLE I
218
219 DEFINITIONS
220
221 Section 1.1. Definitions. The terms defined in this Ar-
222 ticle shall, for all purposes of this Agreement, have t-he mean-
223 ings in this Article SSpecified, unless the context clearly indi-
224 cates scme other meaning:
2 2 5
2 2 6 "Acquisition and Construction Fund" shall mean the fund
227 established pursuant to Section 601 of the Trust Agreement.
2 28
2 2 9 "Additional Certificates" shall mean any certificates -is-
230 sued pursuant to Article IV of the Trust Agreement and secured on
231 a parity with the Certificates.
2 3 3
2 34 "Agreement" shall mean this Real Property Lease Agreement
236 and any and all amendments hereto.
2 37
2 38 "Assignment Agreement" shall mean the Assignment Agree-
239 ment dated as of the date hereof, between the Eeasing Company and
241 the Trustee, relating to the assignment by the Leasing Company of
243 its rights under this Agreement to the Trustee, and any and all
2 4 6 amendments thereto.
2 4 7
248 "Base Payments" shall mean the payments payable by the
249 City pursuant to Article IV during the Lease Term.
2 51
2 52 "Basic Agreements" shall mean the Prime Lease, the Trust
253 Agreement, the Deed of Trust, the Assignment Agreement and this
255 Agreement.
4 9
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257 "Certificates" shall mean the Series of 1987 Certificates
258 and any jidditional Certificates.
259
260 "City" shall mean the City of Virginia Beach, Virginia, a
261 virginia municipal corporation, or any successor to its duties
263 and functions.
2 64
265 "City Council" shall mean the City Council of the City of
266 Virginia Beach, Virginia, the governing body of the City.
2 67
268 "Code" shall mean the Internal Revenue Code of 1986, as
269 amended, including applicable regulations, rulings and revenue
270 procedures promulgated thereunder or under the Internal Revenue
271 Code of 1954, as amended.
2 7 2
273 "Deed of Trust" shall mean the leasehold Deed of Trust
273 dated as of the date hereof, from the Leasing Company to Walter
274 F. Witt, @r., and Patrick J. Milmoe, as Deed of Trust Trustees,
276 securing the obligations of tiie City under this Agreement, and
277 any and all amendments thereto.
2 7 8
2 7 9 'Lease Term" shall mean the duration of the leasehold es-
280 tate created in the Property as provided in Section 4.2.
28 1
282 "Modification Agreement" shall mean an agreement amending
283 this Agreement as set forth in Section 8.3 hereto.
2 84
285 "Net Proceeds" shall mean the gross proceeds from any in-
286 surance recovery (including but not limited to any recovery on
287 any policy of title insurance as to the Property) or condemnation
288 or eminent domain award remaining after payment of attorneys'
289 fees, fees and expenses of the Trustee and other expenses in-
290 curred in the collection of such gross proceeds.
2 9 1
292 "Payment of Base Payments" shall mean payment in full of
293 all Base Payments due and to become due to and including
2 94 -1 19_, as may be extended upon the issuance of Addi-
296 tional Certificates.
2 97
2 98 "Permitted Encumbrances" shall mean, as of any particular
299 time as to the Property, (a) liens for taxes and special assess-
301 ments not then delinquent, (b) liens for taxes and assessments
302 which are delinquent but the validity of which is beinq contested
303 in good faith and with respect to which the City shall have set
305 aside adequate reserves, unless thereby any of the Property or
306 the interest of the City therein may be in danger of being lost
307 or forfeited, (c) this Agreement and the Deed of Trust and any
311 security interests or other liens created thereby, (d) mechanics'
312 and materialmen's liens incident to construction or maintenance
313 now or hereafter filed of record which are being contested in
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314 good faith and have not proceeded to judgment, provided that the
315 City shall have set aside adequate reserves with respect thereto,
317 (e) restrictions, mineral rights, easements, rights of way, ex-
321 ceptions or reservations for the purpose of utilities (including
322 but not limited to water and gas pipelines, sanitary and storm
323 sewers, telephone lines, teleqraph lines, power lines,
324 substations and other facilities and equipment used in connection
325 with such utilities), roads, streets, alleys, highways, rail-
327 roads, dikes, canals, laterals, ditches, and other like purposes,
329 or for the joint or common use of real property, in each case
332 which do not materially impair the use of the Property for the
333 purposes for which it is or may reasonably be expected to be
334 held, (f) sucii defects, irregularities, encumbrances, easements,
336 rights of way and clouds on title as normally exist with respect
337 to property owned or leased by the City for essentiaf governmen-
338 tal purposes and similar in character to the Property and as will
340 not, in an opinion of the City Attorney, impair the use of the
341 Property affected thereby for the purpose for which it is or may
343 reasonably be expected to be held by the City, and (g) present or
344 Yuture valid zoning laws and ordinances.
34 6
34 7 "Prime Lease" shall mean the Prime Lease between the City
348 and the Eeasing Company dated as of the date hereof, and any and
349 all amendments thereto.
351
3 52 "Project" shall mean any improvement constructed or
353 placed on the Property.
3 54
355 "Property" shall mean the real property described on Ex-
355 hibit A @ereto, as such description may be modified from time to
356 time pursuant to a modification Agreement to add additional real
358 property to this Agreement described on Exhibit B hereto or, in
359 the event the Series of 1987 Certificates are no longer outstand-
360 ing pursuant to the Trust Agreement, to remove from this Agree-
363 ment any or all of such real property described on Exhibits A or
364 B hereto, on which no improvements have been placed which were
366 financed by the issuance of Additional Certificates, and any im-
368 provements which may be constructed or placed thereon from time
369 to time.
370
3 7 1 "Leasing Company" shall mean a
372 corporation, and any corporation or other enti-
374 ty which may be added as an additional Leasing Company pursuant
376 to the terms hereof, or any corporation or other entity which is
378 the surviving, resulting or transferee lessor of any such corpo-
379 ration or entity.
380
381 "Series of 1987 Certificates" shall mean the registered
381 certificates of participation evidencing the undivided beneficial
382 interests of @he holders thereof in the Base Payments and other
384 amounts due and payable hereunder.
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386 "Trustee" shall mean
387 Virginia, or any successor trustee pursuant to the terms of the
391 Trust Agreement.
3 92
393 "Trust Agreement" shall mean the Trust Agreement dated as
394 of the date hereof, among the City, the Leasing Company and the
395 @rustee, and any and all amendments thereto.
396
397 Section 1.2. Rules of Construction. The following rules
398 shall apply to the construction of this Agreement unless the con-
399 text otherwise requires:
4 0 0
401 (a) Words importing the singular number shall in-
402 clude the plural number and vice versa.
404
405 (b) Words importing the redemption or calling for
406 redemption o-f Certificates shall not be deemed to refer to or
406 connote the payment of Certificates at their stated maturity.
408
409 (c) Unless otherwise indicated, all references here-
410 in to particular Articles or Sections are references to Articles
411 or Sections of this Agreement.
412
413 (d) The headings and Table of Contents herein are
414 solely for convenience of reference and shall not constitute a
415 part of this Agreement nor shall they affect its meaning, con-
416 struction or effect.
4 1 7
418 (e) All references herein to payment of Certificates
419 are references to payment of principal of and premium, if any,
420 and interest on the Certificates.
421
422 (f) All references herein to the City Manager, the
423 Assistant City Manager for Administration and any other officers
424 are references to officers of the City.
4 2 6
4 2 6
428 ARTICLE II
4 2 9
430 REPRESENTATIONS
4 31
4 3 2 Section 2.1. Representations by Leasing Company. The
432 Leasing Eompany makes the following representations:
4 3 5
436 (a) The Leasing Company is a corporation duly incorpo-
436 rated validly existing and in qood standing under the laws of the
439 [and is duly qualified to do business as
440 a foreign corporation in Virginia];
442
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443 (b) The Leasing Company is the owner of a leasehold es-
443 tate in the Property; and
445
446 (c) The Leasing Company has full power and authority to
447 enter into the Basic Agreements to which it is a party and to
448 perform the transactions contemplated thereby and to carry out
449 its obligations thereunder and by proper corporate action has
450 duly authorized, executed and delivered such Basic Agreements.
4 52
453 Section 2.2. Representations by City. The City makes
454 the following representations:
456
457 (a) The City is a municipal corporation, duly created
458 and exis@ing under the laws of the Commonwealth of Virginia;
460
461 (b) The lease of the Property to the City Pursuant to
462 this Agreement will provide property needed to expand its munici-
463 pal center complex. The Property will provide space to the City
466 so that it may serve.functions which are essential to the proper,
468 efficient and economic operation of the City;
4 70
471 (c) The City has full power and authority to enter into
472 the Basic Agreements to which it is a party and to perform the
473 transactions contemplated thereby and to carry out its obliga-
474 tions thereunder and by proper action bas duly authorized, exe-
476 cuted and delivered such Basic Agreements',
4 7 7
478 (d) The City is not in default in the payment of the
479 principa-f of or interest on any of its indebtedness for-borrowed
480 money and is not in default under any instrument under or subject
481 to which any indebtedness for borrowed money has been incurred,
482 and no event has occurred and is continuing that with the lapse
483 of time or the giving of notice, or both, would constitute or re-
484 sult in an event of default thereunder;
486
487 (e) The City is not in default under or in violation of,
488 and the execution, delivery and compliance by the Ci@y with the
489 terms and conditions of the Basic Agreements to which it is a
490 party will not conflict with or constitute or result in a default
492 under or violation of, (1) the c@arter of the City or any other
494 existing law, rule or regulation applicable to the City, or (2)
495 any indenture, mortgage, deed of trust, lien, lease, contract,
496 note, order, judgment, decree or other agreement, instrument or
497 restriction of any kind to which the City or any oT its assets is
498 subject, and no event has occurred and is continuing that with
499 the lapse of time or the giving of notice, or both, would consti-
500 tute or result in such a default or violation;
502
502
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503 (f) No further approval, consent or withholding of ob-
504 jection on the part of any regulatory body or any official, @ed-
505 eral, state or local, is required in connection with the exec-u-
507 tion or delivery of or compliance by the City with th-
e terms and
509 conditions of the Basic Agreements to which it is a party;
51 0
511 (g) The City has appropriated funds for the Base Pay-
512 ments due in fiscal year 1987-88; and
51 3
514 (h) There is no litigation at law or in equity or any
515 proceeding before any governmental agency involving the Cit-
y
516 pending or, to the knowledge of the City, threatened in which any
517 liability of the City is not adequately covered by insur-ance or
518 in which any judgment or order would have a m-ateria-f adverse ef-
519 fect upon the activities or assets of the City or that would af-
520 fect the acquisition of the Property, the validity of the Basic
523 Agreements or the performance of the City's obligations
524 thereunder.
5 2 5
5 2 5
527 ARTICLE III
52 8
529 ACQUISITION OF PROPERTY
53 0
531 Section 3.1. Purpose of Lease. The City shall acquire
532 the Property as agent for the Leasing Company in accordance with
533 @ection 3.2.
5 3 4
535 Section 3.2. Agreement To Acquire Property. Simulta-
536 neously with the issuance of the Series of 1987 Certif-icates, the
538 Leasing Company shall finance the acquisition of the real prop-er-
540 ty described on Exhibit A hereto and, as it becomes available
541 from time to time, the real property described on Exhibit B
542 hereto, at an estimated total cost of $ , which amount
544 the City reasonably believes to be sufficient to acquire all such
545 property. Simultaneously with the execution of this Agreement,
547 there shall be deposited in an Acquisition and Construction Fund
549 Tthe Acquisition and Const-ruction Fund) held by-the Trustee such
551 amount from the Series of 1987 Certificate proceeds which toqeth-
552 er with estimated investment earnings thereon are expected to be
554 sufficient to finance the cost of acquisition of all such proper-
555 ty. Such cost shall be i,Daid by the Trustee from the Acquisition
557 and Construction Fund as provided by the Trust Agreement. if
559 such cost exceeds current estimates, the City, subject to
562 Section 4.6, shall be obligated to pay any excess cost for such
563 acquisition, and there shall be no resulting diminution in or
565 postponement of rental payinents required to be paid by the City
566 by Section 4.3. qpon acquisition of all or any of the real prop-
567 erty described on Exhibit B, the City and the Leasing Company
568 shall take all such action necessary to make such real property
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569 "Property." The City has sole discretion in determining whether
570 any or all of such property described on Exhibit B shall become
572 "Property".
573
574 The City shall provide a mortgagee policy of title insur-
575 ance insuring the leasehold estate of the Trustee in the Proper-
576 ty. Such insurance policy shall be amended from time to time as
577 may be necessary to add additional real property as such property
579 is acquired as Property.
580
581 In order to effectuate the purposes of this Agreement,
581 the City, as agent for the Leasing Company, shall make, execute,
583 acknowledge and deliver, or cause to be made, executed, acknowl-
584 edged and delivered, all contracts, orders, receipts, writings
585 and instructions, in the name of the City or otherwise, with or
586 to other persons, firms or corporations, and in general do or
587 cause to be done all such other things as may be requisite or
588 proper for the acquisition of the Property and fulfillment of the
590 obligations of the City under this Agreement.
5 9 2
5 9 2
594 ARTICLE IV
,5 9 5
596 LEASE OF PROPERTY; PAYMENT OF RENTAL;
597 MAINTENANCE; INSURANCE; AND TAXES
598
599 Section 4.1. Demise of Property. The Leasing Company
600 hereby demises and leases the Property to the City and the City
601 hereby leases the same from the Leasing Company, upon the terms
602 and conditions of this Agreement. The Leasing Company hereby
603 agrees to perform the obligations imposed upon it as lessee under
604 the Prime Lease. The City shall be entitled to the possession of
605 any improvements constructed or placed on the Property from time
606 to time as long as it is not in default or has not failed to ap-
607 propriate funds under the terms of this Agreement.
6 0 9
610 Section 4.2. Lease Term. The Lease Term shall commence
611 on the date of delivery of this Agreement and, unless sooner ter-
612 minated in accordance with the provisions hereof, shall terminate
613 at midnight on September 1, 1994, or if all payments required by
615 this Agreement have not been made on such date, when all such
616 payments shall have been made.
61 7
613 Section 4.3. Rental Payments. The City shall pay the
619 Base Payments to the Trustee on behalf of the Leasing Company,
621 subject to Section 4.6. On each march 1 and @eptember 1 durinq
623 the Lease Term, commencing on March 1, 1988, the City shall pay a
624 Base Payment in the amount shown in the column "Payment Amount"
626 on Exhibit C hereto. Each Base Payment, which shall include an
628 interest component and a principal component, shall be paid in
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629 lawful money of the United States of America. The City shall
631 also pay upon demand of the Trustee from time to time its fees,
632 charges and expenses pursuant to Section 1202 of the Trust Agree-
633 ment for its services as trustee thereunder. The obligations of
635 the City to make the payments of rental required under this Arti-
636 cle and other sections hereof and to perform and observe the
637 other agreements contained herein shall be absolute and uncondi-
638 tional except as provided in Section 4.6.
63 9
640 Section 4.4. Prepayment of Rentals; Option To Purchase.
640 (a) The City may, at its option, elect by notice to the Trustee
642 to make from time to time prepayments of the principal component
643 of Base Payments in inverse order of titeir due dates. The Trus-
645 tee shall apply the amounts so prepaid in such manner as shall be
646 consistent with the provisions of the Trust Agreement to redeem
647 the Series 1987 Certificates.
648
649 (b) Provided that no Additional Certificates are
650 outstanding pursuant to the Trust Agreement, the City may, at its
651 option, elect by notice to the Trustee to purchase the leasehold
652 estate in the Property, (1) on or after September 1, 19_, at a
653 purchase price equal to the aggregate principal amount of Series
654 of 1987 Certificates then outstanding plus accrued interest to
656 the purchase date and premium, if any, payasle on redemption of
657 such Series of 1987 Certificates, or (2) on or after
660 1, 19_ and prior to 1, 19_, upon the de-
661 posit with the Trustee of an amount which shall be sufficient to
662 defease the Trust Agreement in accordance with Section 1302
663 thereof.
664
665 Section 4.5. Debt Service Reserve Fund. The Leasing
666 Company shall cause to be delivered to the Trustee from the pro-
667 ceeds of the sale of the Series of 1SS87 Certificates the sum of
670 $ to fund the Debt Service Reserve Fund, established
671 under the Trust Agreement, to be held for the purpose of assuring
672 the Leasing Company of timely distribution of payments due from
673 the City under this Agreement, or which would have been due but
674 for the failure by the City Council to appropriate funds therefor
675 as permitted by @ection 4.6, and to provide interest and princi-
678 pal payments to the Leasing Company subsequent to an event de-
679 scribed in Section 4.6 or in Article Vi.
68 0
681 Amounts held in the Debt Service Reserve Fund shail be
681 invested in a manner so as not to constitute this Agreement an
682 "arbitrage boni" within the meaning of Section 103 of the Code.
684 Investment earninqs in respect of the Debt Service Reserve Fund
685 shall be applied as provided in the Trust Agreement. In the
686 event the Debt Service Reserve Fund is liquidated in whole or in
687 part to make payments on behalf of the City, the City, subject to
689 Section 4.6, shall restore the balance in the Debt Service
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692 Reserve Fund to the amount of the Debt Service Reserve Require-
694 ment, as defined in the Trust Agreement, within 12 months from
697 the next available funds, including without limitation any @pro-
698 priations made by the City.
699
700 Section 4.6. Appropriations of Base Payments;
700 Declaration of ESSentiality. The City reasonably believes that
701 funds sufficient to make all Base Payments during the term of
703 this Agreement can be obtained. While recognizing tha-t it is not
705 empowered to make any binding commitment to make Base Payments or
706 any other payments beyond the current fiscal year, the City in-
709 tends to make annuaf @propriations during the term of this
711 Agreement sufficient to make the Base Payments. The City hereby
713 declares the nature of tiie Property essential to the efficient
714 operation of the City. The City anticipates that the need for
715 the Property will not change during the term of this Agreement.
717 Notwithstanding anything in this Agreement to the contrary, the
718 city's obligations to pay the cos@ of performing its obligations
719 under this Agreement and the Trust Agreement, including without
720 limitation its obligations to pay all Base Payments, shall be
721 subject to and dependent upon appropriations being made from time
722 to time by the Z!ity Council for such purpose; provided, however,
723 that the City manager or other officer charged with the responsi-
725 bility for preparing the City's budget shall include in the pro-
727 posed budget for each fiscal year the amount of the Base P-ayments
728 and all other amounts required to be paid under this Agreement
729 and the Trust Agreement during such fiscal year, and the City
7 3 0manager or such other officer shall use his best efforts to ob-
731 tain the annual appropriations of the Base Payments throughout
7 3 2the Lease Term. Throughout the Lease @erm the City Manager shall
734 deliver to the Trustee within ten days after the adoption of-the
735 budget for each fiscal year, but not later than June 15, a cer-
736 tificate stating whether an amount equal to the gase Payments
7 3 7which will be due during the next fiscal year has been @propri-
738 ated by the City Council in such budget.
7 3 9
7 4 0 Section 4.7. Insurance. Subject to Section 4.6, the
7 41 City shall continuously maintain insurance against such ris-ks and
743 in such amounts as are customary for public bodies owning similar
74 6property, including without limitation (a) public liability in-
7 48 surance against liability for bodily in@'ury, including death re-
749 sulting therefrom, and for damage to property, including loss of
7 5 0use thereof, arising out of the ownership of the Property, (b)
7 52 worker's compensation insurance with respect to the Property,
754 and (c) in the event any improvements are constructed or placed
755 thereon, fire insurance and extended coverage against loss or
7 5 6jamage to the Property.
7 5 7
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758 All such policies shall be deposited with the Trustee,
759 provided that in lieu of such policies there may be deposited
760 with the Trustee a certificate or certificates of the respective
761 insurers attesting the fact that the insurance required by this
762 section is in full force and effect. Prior to the expiration of
763 any such policy, the City shall furnisr the Trustee evidence sat-
765 isfactory to the latter that the policy has been renewed or re-
766 placed or is no longer required by this Agreement. Unless a pol-
767 icy with such an undertaking is available only at a cost which
768 the City, with the approval of the Trustee, determines to be un-
769 reasonable, each policy shall contain an undertaking by the in-
770 surer that such policy shall not be modified adversely to the in-
771 terests of the Trustee or cancelled without at least 30 days'
772 prior notice to the Trustee.
77 3
774 In lieu of policies of insurance written by commercial
774 insurance companies meeting the requirements of this section, the
776 City may maintain a program of self insurance or participate in
777 group risk financing programs, risk pools, risk retention groups,
778 purchasing groups and captive insurance companies, and in state
779 or federal insurance programs; provided, however, that such al-
780 ternative is reasonably acceptable to the Trustee (based on a fa-
781 vorable written opinion of an independent insurance consultant
782 having a favorable reputation for skill and experience in such
783 work).
7 8 4
785 To the extent losses for any damage to the Property, how-
785 ever caused, are paid from the Net Proceeds of any insurance re-
787 quired by this section, no claim shall be made and no suit shall
788 be brought against the City by the Trustee or anyone else
789 claiming by, through or under it.
7 90
791 Section 4.8. Expenses of Maintenance: Taxes. Subject to
793 Section 4.6, the City shall pay, in addition to the payments pro-
795 vided for in @ections 4.3 and 4.5, all of the expenses of mainte-
796 nance of the Property. The City shall pay any and all taxes and
798 assessments payable with respect to the Property.
800
801 Section 4.9. Net Lease. This Agreement shall be deemed
802 and construed to be a net lease, and during the Lease Term the
803 City shall pay the Base Payments and all other payments required
805 under this Agreement, free of all deductions, diminutions and
806 set-offs, and without abatement for casualty, Yoss of title, con-
807 demnation or any other reason whatsoever (except that Base Pay-
808 ments shall decrease as a consequence of each prepayment of Base
809 Payments in accordance with Sections 4.4, 5.1(b)(2) and
809 5.2(b)(2)).
810
811 Section 4.10. Proof of Payment of Taxes, etc. The City
812 shall furnish the Trustee, upon request, proof of payment of any
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813 taxes, utility charges, insurance premiums, or other charges or
815 payments required to be paid by the City under this Agreement.
8 1 7
818 Section 4.11. No Encumbrances. The City shall not di-
819 rectly or indirectly create, incur, assume or suffer to exist any
820 mortgage, pledge, lien, charge, encumbrance or claim on or with
821 respect to the Property, or the rights of the City and the Leas-
823 ing Company as herein provided, other than Permitted Encumbrances
824 and the Deed of Trust. Subject To Section 4.6, the City at its
826 own expense shall promptty and duly discharge an-y such mortgage,
827 pledge, lien, charge, encumbrance or claim not excepted above if
828 the same shall arise at any time.
8 2 9
830 Section 4.12. Construction of Buildings. The City may
831 from time to time, in its discretion and at its own expense or
832 with the proceeds of Additional Certi-ficates bonds, notes or
833 other obligations, construct buildings and other improvements on
835 the Property. The City shall pay as due the purchase price of
836 and all costs and expenses with respect to the construction of
837 buildings and '
-Improvements pursuant to this section.
8 41
842 Section 4.13. Transfer at End of Lease Term. The Leas-
842 ing Company's leasehold estate in the Property shall be trans-
843 ferred, conveyed and assigned to the City upon payment by the
844 City of all payments Then due and thereafter to become due
845 through and including September 1, 1994, whether pursuant to Sec-
847 tion 4.3 or T.4.
8 4 8
849 Section 4.14. Use of Proceeds. Neither the City nor the
850 Leasing Company shall (a) take any action, or approve the Trus-
851 tee's making any investment or use of the proceeds of any Certif-
852 icates (including failure to SSpend the same with due diligence)
854 or taking any other action, which would cause any Certificates to
855 Se "arbitrage bonds" within -the meaning of Section 148 of the
857 Code, or (b) barring unforeseen circumstances, approve the use of
859 the proceeds from the sale of any Certificates otherwise than in
861 accordance with the City's "non-arbitrage" certificate given im-
862 mediately prior to the issuance of such Certificates.
8 6 3
864 Section 4.15. Preservation of Tax Exempt Status of
865 Interest. The City shall not sublease the Property to any entity
867 if such subtease or other availability would affect the status of
868 the portion of the Base Payments representing interest as provid-
869 ed in Section 4.3 for Federal income tax purposes.
871
871
871
3 7 1
871
8 7 1
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873 ARTICLE V
874
875 DAMAGE, DESTRUCTION OR CONDEMNATION
87 6
877 Section 5.1. Damage or Destruction. (a) The City shall
879 notify tEe Trustee immediately in the case of damaqe to or de-
880 struction from fire or other casualty of any Project or any por-
882 tion thereof during the Lease Term in an amount that the City de-
885 termines in good faith will cost more than $500,000 to repair,
886 reconstruct and restore. If the City jetermines in good faith
887 that such cost will not exceed $500,000, the City shall (1) re-
889 tain the Net Proceeds with respect to such damage or destruction,
890 (2) forthwith repair, reconstruct and restore such Project so
893 damaged or destroyed to substantiallv The same condition as it
894 had existed prior to the event causing such damage or destruc-
895 tion, and (3) apply Net Proceeds retained by it to the payment or
897 reimbursement of the costs of such repair, reconstruction and
898 restoration. If such Net Proceeds are not sufficient to pay in
899 full the cost of such repair, reconstruction and restoration, the
900 City shall pay so much thereof as is in excess of such Net Pro-
901 ceeds.
90 2
903 (b) If any Project or any portion thereof is damaged or
905 destroyei by fire or other casualty during the Lease Term and @he
906 City determines in good faith that the cost of repairing, recon-
907 structing and restoring such damage or destruction will exceed
909 $500,000, then the City shall, upon the following conditions and
912 within 90 days after the date such damage or destruction occurs,
913 elect one of the following two 2ptions by giving notice of such
914 election to the Trustee, and the Trustee shall disburse such Net
915 Proceeds in accordance with the option so elected:
91 7
918 (1) option A - Repair and Restoration. The City may
920 elect to repair, reconstruct and restore such Project. If the
922 City elects this Option A, then the City shall proceed forthwith
923 to repair, reconstruct and restore such Project to substantially
925 the same condition as had existed prior to the event causing such
927 damage or destruction, with such alterations and additions as the
929 City may determine to be necessary or desirable and as will not
931 impair the capacity or character of such Project for the purposes
933 for which it had been used prior to such damage or destruction or
935 is intended to be used. Upon any election of this gption A, th-e
936 Trustee shall deposit all Net Proceeds held by it as to such dam-
937 aqe or destruction in a s .al account that shall be created by
_peci
938 the Trustee in the Acquisition and Construction Fund for the por-
940 tion of such Pro]ect as to which such Net Proceeds had been paid
941 to the Trustee. So long as the City is not in default under this
944 Agreement, the Trustee, upon receipt of request made in accor-
945 dance with Section 603 of the Trust Agreement, shall, in the man-
949 ner and upon the conditions set forth in such Section 603, @ply
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951 so much as may be necessary of such Net Proceeds to payment of
953 the cost of such repair, reconstruction and restoration, either
955 on completion thereof or as the work progresses. If such Net
956 Proceeds are not sufficient to pay in full the cost of such re-
957 pair, reconstruction and restoration, the City shall pay so much
958 of the cost thereof as may be in excess of such Net Proceeds.
959 The City shall not by reason of the payment of such excess cost
961 be entitled to any (A) interest in such Project which it did not
962 possess prior to such payment, (B) reimbursement from the Leasing
963 Company or the Trustee, or (C) abatement or diminution of the
964 Base Payments.
965
9 66 (2) Option B - Prepayment of Base Payments. The City
967 may elect to have the Net Proceeds of insurance payable as- a re-
969 sult of such damage or destruction applied to the purchase of the
970 Leasing Company's leasehold estate in such Project through the
972 prepayment of the principal component of Base Payments plus in-
974 terest accrued to the date of prepayment, and after such election
97 5 the Trustee shall, upon receiving such Net Proceeds and to the
976 extent and in the manner provided in the Trust Agreement, redeem
978 the Certificates to the extent of such Ne@ Proceeds; provided,
980 however, that the City may not elect to exercise this Option B
981 (and must exercise option A) if such Net Proceeds are less than
982 the amount necessary to redeem all Certificates then outstanding.
984
98 5 Section 5.2. Condemnation and Loss of Title. (a) in
986 the case of a taking of all or any part of the Property or any
987 right therein under the exercise of the power of eminent domain
988 or any loss of all or any part of the Property because of loss of
991 title thereto, or the commencement of any proceedings or negotia-
992 tions which might result in such a taking or loss, the party upon
993 whom notice of such taking is served or with whom such proceed-
994 ings or negotiations are commenced or who learns oE a loss of
995 title shall give prompt notice to the other and to t@e Trustee.
997 Each such notice shall describe generally the nature and extent
998 of such condemnation, taking, loss, proceedings or negotiations.
999 All obligations of the City under this Agreement (except obliga-
1000 tions to pay Base Payments when due) shall terminate as to the
1002 Property or portion thereof as to which there is a loss of title
100 3or which is condemned or taken when such loss of title is finally
1005 adjudicated or when title thereto vests in the party condemning
1007 or taking the same, as the case may be (hereinafter referred to
1008 as the "termination date"). The City s'Eall pay over to the Trus-
10 0 9tee (and hereby irrevocably assigns, transfers and sets over to
1011 the Trustee) all riqht, title and interest of the City in and to
1012 any Net Proceeds payable as to any such loss of title, condemna-
1013 tion or taking during the Lease Term. The Trustee shall hold
1014 such Ret Proceeds in accordance with the Trust Agreement for dis-
1016 bursement or use by the Trustee in accordance with the option
1017 elected pursuant to Section 5.3(b).
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1020 (b) In the event of any such loss of title, condemnation
1021 or taking, the City shall, upon the following conditions and
1023 within 90 days after the termination date therefor, elect either
1024 or both of the following two 2ptions by giving notice of such
1026 election to the Trustee:
1 0 2 8
1029 (1) Option A - Repairs and Improvements. The City
1030 may elect to have the Net Proceeds as to such loss of title, con-
1032 demnation or taking used to repair, restore and reconstruct tEe
1033 Property as to which there has been a loss of title, condemnation
1034 or taking to substantially its condition prior to such loss of
1035 title, condemnation or taking. Upon any exercise of this option
1037 A, the @rustee shall deposit any such Net Proceeds held by it in
1040 a special account that shall Se created by the Trustee in the Ac-
1041 quisition and Construction Fund for the Property as to which such
1043 Net Proceeds had been paid to the Trustee. So long as an Event
1045 of Default has not occurred and is not continuing, the Trustee,
1046 upon receipt of request made in accordance with Section 603 of
1047 the Trust Agreement, shall, in the manner and @on the conditions
1049 set forth in such Section 603, apply so much as may be necessary
1050 of the Net Proceeds received by it on account of such loss of
1051 title, condemnation or taking to payment of such repair, recon-
1053 struction or restoration (either on completion thereof or as the
1054 work progresses). If such Net Proceeds are not sufficient to pay
1055 in full the cost of such repair, reconstruction and restoration,
1056 the City shall pay so much of the cost thereof as may be in ex-
1057 cess of such Net Proceeds. The City shall not by reason of the
1059 payment of such excess cost be entitled to any (A) interest in
1059 the Property which it did not possess prior to such payment, (-B)
1061 reimbursement from the Leasing Company or the Trustee, or (C)
1062 abatement or diminution of the Base Payments.
1 0 6 3
1064 (2) Option B - Prepayment of Base Payments. The
1064 City may elect to have the Net Proceeds payable as to any such
1066 loss of title, condemnation or taking @plied to the purchase of
1067 the Leasing Company's leasehold estate in the Property through
1068 the prepayment of the principal component of Base Payments plus
1070 interest accrued to the date of prepayment, and, after such elec-
1070 tion, the Trustee shall (upon receiving such Net Proceeds, to the
1072 extent and in the manner provided in the Trust Agreement and to
1075 the extent of such Net Proceeds) redeem the Certificates; provid-
1077 ed, however, that if after such redemption any such Certificates
1079 will remain outstanding, the City shall have furnished to the
1080 Trustee an opinion of an engineer acceptable to the Trus-tee
1081 stating that (A) the Property has been repaired, restored and re-
1084 constructed to susstantially its same condition as prior to such
1086 condemnation proceeding or loss of title, or (B) the portion of
1088 the Property then owned by the City, has a ratio of value to
1089 amount of such Certificates outstanding after such redemption not
1090 less than that existing before such condemnation proceeding or
1091 loss of title.
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1093 (c) The Leasincj Company and the Trustee shall, at the
1094 expense of the City, cooperate fully with the Cit-Y in the contest
1096 of any prospective or pending condemnation proceedings or in any
1097 contest over title with respect to the Property or any,part
1098 thereof and shall, @o the extent they may lawfully do so, permit
1099 the City to litigate, at the expense of the City, in any such
1101 proceeding in the name ani behalf of the Leasinq Company. In no
1101 event shall the Leasing Company or the Trustee voluntarily set-
1102 tle, or consent to the settlement of, any prospective or pending
1103 condemnation proceedings, or proceedings as to title, with re-
1105 spect to the Property or any part thereof without the consent of
1107 the City.
1108
1109 Section 5.3. Application of Net Proceeds. The Leasing
1110 Company hereby directs the Trustee to make payments, in accor-
1111 dance with the procedures for the disbursement of funds set forth
1112 in Section 603 of the Trust Agreement, from the Acquisition and
1114 Construction Fund to pay the costs described in Sections
1117 5.1(b)(1) and 5.2(b)(1).
1118
1118
1120 ARTICLE VI
1121
1122 EVENTS OF DEFAULT AND REMEDIES
1123
1124 Section 6.1. Events of Default. (a) subject to the pro-
1125 visions of Section 6.1(c), the following s@all be "events of de-
1127 fault" under this Agreement, and the terms "event of default'-o-r
1128 "default" shall mean, whenever they are used in this Agreement,
1129 any one or more of the following events:
1130
1131 (1) Failure of the City to pay when due any payment
1132 required to Se paid under Section 4.3;
1133
1134 (2) Failure of the City to deliver when due the cer-
1135 tificate of appropriation required by Section 4.6;
1136
1137 (3) Failure of the City to pay when due any payment
1138 due under this Agreement, other than payments under Section 4.3,
1140 or observe and perform any covenant, condition or agreement on
1141 its part to be observed or performed, which failure shall contin-
1142 ue for a period of 60 days after notice is given, or in the case
1144 of any such default that cannot with due diligence be cured with-
1145 in such 60 day perioa, failure of the City to proceed promptly to
1146 cure the same and thereafter prosecute the curing of such default
1147 with due diligence; or
1149
1150 (4) Bankruptcy of the City, or failure by the City
1151 to lift any execution or attachment on the Property, which fail-
1152 ure shall continue for a period of 60 days after writ@en notice
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1153 is given, or in the case of any such default that cannot with due
1154 diligence be cured within such 60 day period, failure of the City
1155 to proceed promptly to cure the same and thereafter prosecute the
1156 curing of such default with due diligence.
1158
1159 (b) The provisions of the foregoing subparagraph (a)(3)
1160 are subject to the limitation that if by reason of force majeure
1162 the city is unaele in whole or in part to perform any of its cov-
1163 enants, conditions or agreements hereunder other than in Sections
1165 4.3, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14 and 4.15, the City
1165 shall not be deemed in default during the continuance of such in-
1166 ability. The term "force majeure" as used herein shall include
1167 without limitation acts of God; strikes, lockouts or other indus-
1168 trial disturbances; acts of public enemies; orders of any kind of
1169 the qovernment of the United States of America or the Common-
1170 wealth of Virginia or any political subdivision thereof or any of
1172 their departments, agencies or officials, or any civil or mili-
1173 tary authority; insurrections; riots; epidemics; landslides;
1174 lightning; earthquakes; fires; hurricanes; tornadoes; storms;
1175 floods; washouts; droughts; arrests; restraint of government and
1176 people; civil disturbances; explosions; breakaqe or accident to
1177 machinery, transmission pipes or canals; partial or entire fail-
1178 ure of utilities; or any other cause or event not reasonably
1179 within the control of the City. The City shall remedy with all
1180 reasonable dispatch the cause or causes preventing the City from
1181 carrying out its covenants, conditions and agreements, provided
1182 that the settlement of strikes, lockouts and other industrial
1184 disturbances shall be entirely within the discretion of the City,
1185 and the City shall not be required to make settlement of strikes,
1186 lockouts and other industrial disturbances by acceding to the de-
1187 mands of any opposing party when such course is in the judgment
1188 of the City not in its best interests.
1189
1190 (c) Notwithstanding anything contained in this section
1190 to the contrary, failure by the City to pay when due any payment
1192 required to be made under this Agreement or failure by the City
1193 to observe and perform any covenant, condition or agreement on
1194 its part to be observed or performed under this Agreement result-
1195 ing from failure of the City to appropriate moneys for such pur-
1196 poses shall not constitute an event of default. Upon any such
1197 failure to appropriate, the provisions of Article VII shall be
1198 applicable.
1199
1200 Section 6.2. Remedies. Whenever any event of default
1201 shall have happened and is continuing, the Leasing Company may
1203 take any one or more of the followinq remedial steps, without
1 2 04 further demand or notice: (a) declare the whole unpaid principal
1206 balance of Base Payments due and thereafter to become due through
1207 and including September 1, 1994, at once due and payable; (b)
1209 reenter and take possession of any part or all of the Property,
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1210 with or without terminating this Agreement, exclude the City from
1212 possession, and sell its leasehold estate in the Property or
1213 lease the Property or part thereof for the account of the City,
1215 @olding the City liable for all Base Payments and other payments
1216 jue up to the effective date of such sale, lease or sublease and
1217 for the difference between the purchase price, rent and other
1218 amounts paid by the purchaser or lessee pursuant to such sale or
1221 lease and the rents, interest calculated pursuant to subparagraph
1222 Ta) above, and-other amounts payable by the City hereunder; or
1224 (c) take whatever action at law or in equity may appear necessary
1225 or desirable to coylect the Base Payments then due and thereafter
1226 to become due, or to enforce performance and observance of any
1228 obligation, agreement or covenant of the City under this Agree-
1229 ment. In any of such cases, all rights and interests created or
1230 then existing in favor of the City as against the the -Leasing
1231 Company hereunder shall cease and terminate, and the right to the
1232 possession of the Property and all other rights acquired by the
1233 City hereunder shall revert to and revest in the Leasing Company
1234 without any act of re-entry, or any other act of the Leasinq Com-
1234 pany to be performed and without any right of the City of return,
1236 reclamation or compensation for moneys paid under this Agreement
1237 as absolutely, fully and perfectly as if this Agreement and such
1238 payments had never been made; and in case of such default all
1239 payments theretofore made on this Agreement are to be retained by
1240 and belong to the Leasing Company as the agreed and reasonable
1241 rent of the Property up to the time of such default. Any amounts
1244 received by the Leasing Company pursuant to @he foregoing provi-
1244 sions shall be applied first to costs, then to any unpaid inter-
1247 est ani then to repayment of principal,-and -upon payment in full
1249 of all amounts due, and 75% of any amounts remaining shall be
1251 paid to the City-
1 2 5 2
1253 Section 6.3. Reinstatement after Event of Default. Not-
1254 withstanaing the exercise by the Leasing Company of any remedy
1255 granted by Section 6.2, unless the Leasing Company shall have
1257 sold its leasehold estate in the Property or shall have e-ntered
1258 into a firm bilateral agreement providing for the reletting of
1259 the Property for a period of at least one year, if the balance of
1260 iase Payments shall have been accelerated pursuant to Section -
1261 6.2(a) and all overdue Base Payments, together with an-y interest
1262 thereon, and all other sums payable unier this Agreement shall
1263 have been paia, then the City's default under this Agreement
1264 shall be waived without further action by the Leasing Company.
1265 Upon such payment and waiver, this Agreement shall be fully rein-
1266 stated, and the City shall he restored to the use, occupancy and
1267 possession of the Property.
1 2 6 9
1270 Section 6.4. No Remedy Exclusive. No remedy conferred
1271 by this j:greement upon or reserved to the Leasing Company is in-
1272 tended to be exclusive of any other available remedy or remedies,
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54
1273 but every such remedy shall be cumulative and shall be in addi-
1274 tion to every other remedy given hereunder or now or hereafter
1275 existing at law or in equity or by statute. No delay or omission
1276 to exercise any right or power accruing upon any default shall
1279 impair any such right or power or shall be construed to be a
1280 waiver thereof or acquiescence therein, but any such right and
1281 power may be exercised from time to time and as often as may be
1282 deemed expedient.
1283
1284 Section 6.5. No Additional Waiver imiplied by One waiver.
1285 Failure Ey the Leasing Company at any time to require performance
1287 by the City of any provision hereof shall in no way affect the
1288 Leasing Company's right hereunder to enforce the same, nor shall
1289 any waiver by the Leasing Company of any breach of any provision
1290 hereof be held to be a waiver of any succeeding breach of any
1291 such provision, or as a waiver of the provision itself.
1 2 9 3
1294 Section 6.6. Attorney's Fees and Other Expenses. The
1295 City shall on demand pay to the Leasing Company and the Trus-tee
1296 the reasonable fees of attorneys and other reasonable expenses
1297 incurred by either of them in the collection of appropriated, but
1298 unpaid, Base Payments, or the enforcement of any other obliqation
1299 of the City, or its agents, upon an Event of Default.
1301
1301
1303 ARTICLE VII
1 3 04
1305 TERMINATION OF LEASE
1 3 06
1307 Section 7.1. Right To Terminate. If as a result of
1308 failure of the City Council to appropriate moneys for such pur-
1309 poses funds are not available to pay when due any Base Payment
1312 and ot@er payments to be paid under this Agreement, either party
1313 hereto shall have the right to terminate this Agreement by qiving
1315 notice of the exercise of its rights pursuant to this section to
1316 the other party. If the Leasing Company terminates this Agree-
1317 ment, its notice to the City shall specify a date not sooner than
1319 six months thereafter for such termination.
1321
1 3 2 2 Section 7.2. Rights upon Termination. Upon the exercise
1 3 2 3of its right to terminate this Agreement, the Leasing Company -Ray
1324 exclude the City from possession of the Property and sell its
1 3 2 5leasehold estate in or lease or sublease the Property in t,'Ie man-
1327 ner provided by Section 6.2(b).
1328
1329 Section 7.3. Reinstatement after Termination. Notwith-
1330 standing any termination of this Agreement in accordance with
1331 Section 7.1, unless the Leasing Company shall have sold its
1332 leasehold estate in the Property or shall have entered into an
1 3 3 6agreement providing Tor the relet-ting of the Property for a
1 8 6
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1338 period of at least one year, if all overdue Base Payments and all
1339 other sums payable under this Agreement shall have been paid,
1340 then this Agreement shall be fully reinstated, and the City shall
1341 be restored to the use, occupancy and possession of the Property.
1 34 3
1 3 4 3
1345 ARTICLE VIII
1 3 4 6
1347 TRUST AGREEMENT; ASSIGNMENT; AND AMENDMENTS
1348
1349 Section 8.1. Trust Agreement. Simultaneously with the
1350 execution of this Agreement, the City and the Leasing Company
1351 have entered into the Trust Agreement with the Trustee. The City
1352 shall not be obligated to take any notice of any sale, assign-
1353 ment, pledge, mortgage, transfer or other disposition of any in-
1354 terest in this Agreement by the Leasing Company, unless such
1355 sale, assignment, pledge, mortgage, transfer or other disposition
1356 is undertaken in accordance with the Trust Agreement.
1358
1359 Section 8.2. Assignment. Simultaneously with the execu-
1360 tion of this Agreement, the Leasing Company has entered into the
1361 Assignment Agreement in which the Leasing Company assigns all of
1364 its rights, title and interest in and to this Agreement to the
1365 Trustee for the benefit of the Certificate holders. The City
1366 hereby (a) consents to such assignment, (b) agrees to execute and
1367 aeliver such further acknowledgments, agreements and other in--
1368 struments as may be reasonably requested by the Leasing Company
1368 or the Trustee to effect such assignment, (c) agrees to make all
1370 payments due to the Leasing Company under this Agreement directly
1370 to the Trustee, subject to Section 4.6, and (d) agrees to comply
1373 fully with the terms of such assignment so long as such assign-
1373 ment is not inconsistent with the provisions hereof. All refer-
1376 ences herein to the Leasing Company shall include the Trust-ee for
1377 the benefit of the Certificate holders and their successors and
1378 assigns, whether or not specific reference is otherwise made to
1379 @he Trustee, unless the context requires otherwise.
1 3 8 0
1381 Simultaneously with the execution of this Agreement, the
1382 Leasing @ompany has entered into the Deed of Trust to further se-
1382 cure the payments by the City under this Agreement for the bene-
1383 fit and security of the Trustee and the Certificate holders. The
1385 City hereby agrees to pay any and all expenses incurred by @he
1386 Eeasing Company in connection with the Deed of Trust, including
1386 the payment of the fees of the trustees thereunder, the expenses
1387 and -indemnity specified in Section 5 of the Deed of Trust and the
1389 expense of releasing and discharging the Deed of Trust specified
1390 in Section 7 thereof.
1391
1391
1391
IS 6
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1392 Notwithstanding the foregoing, no such assignment or
1393 reassignment of any of the Leasing Company's right, title or in-
1394 terest in this Agreement or the Property shall be effective un-
1395 less and until the City shall have received a duplicate original
1396 counterpart of the document by which the assignment or
1397 reassignment is made, disclosing the name and address of such as-
1398 signee; provided, however, that if such assignment is made to a
1400 bank or trust company as trustee or paying or escrow agent Tor
1401 Certificate holders, it shall thereafter be sufficient that a
1402 copy of the trust instrument or agency agreement shall have been
1403 deposited with the City until the City shall have been advised
1404 that such trust instrument or agency agreement is no longer in
1405 effect. During the Lease Term the City shall keep a complete and
1406 accurate record of all such assignments in form necessary to com-
1407 ply with Section 103(j) of the Code.
1409
1410
1411 Section 8.3. Amendments. (a) This Agreement may be
1413 amended Trom time to time by the CiTy and the Leasing Eompany en-
1414 tering into a Modification Agreement to add to this Agreement all
1416 or any part of the real property described on Exhibit B hereto,
1418 and upon such addition such real property will be Property as de-
1419 fined herein.
14 2 0
1421 (b) In the event that the Series of 1987 Certifi-
1421 cates are no longer outstanding pursuant to the Trust Agreement,
1422 this Agreement may be amended from time to time pursuant to a
1424 Modification Agreement to remove from the terms of this Agreement
1425 any or all of the Property on which no improvements have been
1426 placed which were financed by the issuance of Additional Certifi-
1427 cates.
14 28
14 29 (c) Whenever Additional Certificates are issued,
1431 this Agreement may be amended pursuant to a modification Agree-
1431 ment to provide for an additional lessee to be the Leasing Compa-
1432 ny for purposes of the issuance of such Additional Certificates
1434 and to provide such other amendments and modifications to this
1435 @greement as may be necessary for the issuance of such Additional
1436 @ertificates, including without limitation a description of the
1437 use of the proceeds of such Additional Certificates and an
1438 amended Base Payment schedule to reflect such Additional Certifi-
1439 cates.
144 0
1441 (d) At any time when all Certificates of any series
1442 are no longer outstanding pursuant to the Trust Agreement, this
1444 Lease may be amended pursuant to a Modification Agreement to re-
1445 lease the Leasing Company for any such series of Certificates
1446 from the terms of this Agreement as a Leasing Company.
1448
1448
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1449 (e) By execution hereof, the Leasing Company agrees
1450 that the execution of any such modification Agreement by the City
1452 shall be deemed to be executed by the Leasing Company -as well and
1453 no further action by the Leasing company is necessary.
1455
1456 (f) This Agreement may be modified with the written
1457 consent of t@e City and holders of a majority in aggregate prin-
1458 cipal amount of the Certificates then outstanding; provided, how-
1460 ever, that no amendment to this Agreement shall operate to reduce
1462 or delay any Base Payments to be made hereunder, except as may be
1463 provided under this Agreement, without the unanimous consent of
1464 all Certificate holders at the time of such amendment.
1 4 66
1467 Section 8.4. No Merger. So long as any Base Payments
1468 remain unpaid and unless the Trustee otherwise consents in writ-
1469 ing, the fee simple and the leasehold estates in and to the Prop-
1471 erty shall not merge but shall always remain separate and dis--
1472 tinct, notwithstanding the union of such estates by purchas-e or
1472 otherwise in the Leasing Company, the Trustee, the City, any les-
1474 see or any third party.
14 7 5
1475
1477 ARTICLE IX
14 7 8
1479 MISCELLANEOUS
1480
1481 Section 9.1. Notices. Unless otherwise provided herein,
1482 all demands, notices, approvals, consents, requests, opinions and
1483 other corranunications hereunder shall be in writing and shall be
1484 aeemed to have been given when delivered in person or mailed by
1485 first class registered or certified mail, postaqe prepaid, ad-
1486 iressed (a) if to the City, at Municipal Center, Virginia Beach,
1487 Virginia 23456 (Attention: Assistant City Manager for Adminis-
1488 tration), (b) if to the Leasing Company, at P. 0. Box -
1491 (Attention: and (c) if
1494 to the Trustee, at (Attention:
1495 virginia (Attention: Corporate Trust De-
1496 partment). The City, the Leasing Company and the Trustee may, by
1498 notice qiven hereunder, designate any furt@er or different ad-
1499 dresses to which subsequent demands, notices, approvals, con-
1500 sents, requests, o ' ' her ccmmunications shall be sent
pinions or ot
l@501 or persons to whose attention the same shall be directed.
1 5 0 3
1504 Section 9.2. Severability. If any provision of this
1506 Agreement shall be held invalid by any court of competent juris-
1507 diction, such holding shall not invalidate any other provision
1509 hereof.
1510
1510
isio
186
18 7
188 -21-
5 0
51
5 2
5 3
54
1511 Section 9.3. Successors and Assigns. This Agreement
1512 shall be binding upon, inure to the benefit of and be enforceable
1512 by the parties and their respective successors and assigns.
1514
1515 Section 9.4. Applicable Law. ThiS Agreement shall be
1516 governed by the laws of the CommonwealtE of virginia.
1519
1520 Section 9.5. Counterparts. This Agreement may be exe-
1521 cuted in any number of counterparts, each of which shall be an
1523 original, together s@all constitute but one and the-same Agree-
1524 ment; except that as to delivery of the original executed copy of
1525 this Agreement as required by the Assignment Agreement, the coun-
1528 terpart containing the receipt therefor executed by the Trustee
1529 following the signatures to this Agreement shall be the original.
1531
1532 Section 9.6. Entire Agreement. The Basic Agreements
1533 express the entire understanding and all agreements between the
1534 parties and may not be modified except in writing signed by the
1535 parties.
1 5 3 6
1537 IN WITNESS WHEREOF, the parties have caused this Agree-
1538 ment to be duly executed as of the date first above written.
1 54 0
1 54 0
1542
1543
1543
1544 By
1545
1546 Its
1 54 7
1 54 7
1548 CITY OF VIRGINIA BEACH,
1549 VIRGINIA
1550
1550
1551 By
1552 City Manager
1553
1553
1553
1553
1 5 5 3
1553
1553
1 5 5 3
1 5 5 3
1 5 5 3
1553
1 5 5 3
186
1 8 7
188 -22-
4 9
50
5 1
5 2
5 3
54
1554 COMMONWEALTH OF VIRGINIA
1 5 5 5
1 5 56
1 5 5 7
1560 The foregoing instrument was acknowledged before me in
1561 , Virginia, this _ day of October 1987, by Thomas H.
1562 Muehlenbeck, City Manager of the City of Virginia Beach, Vir-
1564 ginia.
1566 my commission expires:
1567
1 567
1 57 0
1571 Notary Public
1 5 7 2
1 5 72
1573 COMMONWEALTH OF VIRGINIA
1 5 7 4
1 5 7 5
1 5 76
1579 The foregoing instrument was acknowledged before me in
1580 Virginia, this day of October, 1987, by
1581 of
1581
1583 My commission expires:
1584
1584
1587
1588 Notary Public
1589
1589
1589
1589
1589
1589
1 58 9
1589
1589
1589
1589
1589
18 6
18 7
188 -23-
4 9
5 0
5 1
5 2
5 3
54
1 5 90
1 590
1 5 90
1592 RECEIPT
1 5 9 3
1 5 9 3
1595 Receipt of the foregoing original counterpart of the
1596 Lease Agreement dated as of September 1, 1987, between the
1598 and the City of Virginia Beac@, Vir-
1599 ginia, is hereby acknowledged.
1601
1603
1604 Trustee
1605
1605
1 60 5
1606 By
1 60 7
1608 Its
1611
1611
1611
1611
1611
1611
1611
1611
1611
1611
1611
1611
1611
1611
1611
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1611
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1611
1611
1611
1611
1611
186
187
188 -24-
I 1
22 PF:VBeaPriLea
23 Draft of 8/31/87 2:10 pm
24
24
24
26 RIME LEASE
27
2 7
29 THIS PRIME LEASE, dated as of September 1, 1987, betwe,, the
30 CITY 3F VIRGINIA BEACH, VIRGINIA, a Virginia municipal corporation
32 (the City), as lessor, and a
33 corporation the Leasing C-.pany), as'lessee;
3 5
37 I T E S S E T H:
3 8
39 WHEREAS, the Leasing Company desires to acquire a leasehold
40 interest in certain real property and provide funds for the acqui-
41 sition of such real property to be used by the City to expand its
43 municipal center complex, and lease such reai property to the City
45 pursuant to a Real Propert-y Lease Agreement dated as of the date
46 hereof (the Lease Agreement), and the City proposes to enter into
47 this lease with the Leasing Company in order to enable the Leasing
48 Company to implement such proposal; and
51
52 VHEREAS, the City, the Leasing Company and
53 1 Virginia, have entered into a Trust Agreement ated as o-f
54 the date hereof ithe Trust Agreement) to provide the terms for the
55 issuance from time to time of Certificates, as defined therein, to
56 provide funds for the acquisition of such real property and for any
57 improvements which may be constructed or placed thereon from time
58 to time;
59
60 NOW, THEREFORE, for and in consideration of the mutual cove-
61 nants hereinafter contained and other valuable consideration, the
63 parties hereto covenant and agree as follows:
65
66 section 1. L The City hereby demises and
67 leases to the Leasing ompany, and the Leasing Company hereby
67 feases from the City, the real property described in Exhibit A
68 hereto, as such description may be modified from time to time pur-
69 suant to a @odificatio-n Agreement, as hereinafter defined, to add
71 additionai real oroperty described in Exhibit B to this Lease or to
72 remove from this Lease any or all of such real property described
7 3on Exhibits @ or B hereto, on which Ilo improvements have been
76 placed which were financed by the issuance of Certificates (the
78 Property), @on the terms and conditions hereinafter set forth.
80 The Leasing Company acknowledges and agrees that the City shall at
81 all times retain fee simple title to the Property and at no time
82 shall fee simple reside in the Leasing Company.
84
85 section 2. Term. The term of this Lease shall commence on
85 the date of its delivery and shall expire 40 years from the date
87 hereof, unless such term is sooner terminated or relinquished as
88 hereinafter provided.
89
90 section 3. RLental. The Leasing Company has paid to the City
91 as and for rental hereunder the sum of $10.00 and other -valuable
92 consideration upon the execution of this Lease, receipt of which is
6
9
1 0
1 1
1 2
1 3
93 hereby acknowledged, representing rental of the Property in advance
95 for the term of this Lease.
96
97 Section 4. Purpose. The Leasing Company shall use the Prop-
98 erty solely for the purpose of leasing it to the City @ursuant to
99 the Lease Agreement, as well as for such purposes as may be inci-
100 dental thereto.
101
102 Section 5. Title to Property. The City represents and war-
103 rants that it is the owner in fee simple of the Property as i@ ex-
104 ists on the date of execution hereof and that it will be the owner
105 in fee simple of such real property that may become part of the
106 Property from time to time.
1 0 7
108 Section 6. Assignment and Sublease. The Leasing Company may
109 assign its rights under this Lease or sublet the Property without
110 @he consent of the City only (a) in connection with any !assignment
ill of its rights under the Lease Agreement, (b) if the Lease Agreement
112 is terminated for any reason, or (c) if an "event of default," as
113 defined in the Lease Agreement, has occurrei and is continuing.
115
116 Section 7. Amendments to Lease. (a) This Lease may be
117 amended by the City and the Leasing Company from time to time by
118 entering into a Modification Agreement (Modification Agreement) to
120 add additional real property to this Lease. The term Property
121 shall include any such additional real property.
1 2 3
124 (b) In the event that the Series of 1987 Certificates,
124 as defined in the Trust Agreement, are no longer outstanding pursu-
126 ant to the Trust Agreement, this Lease may be amended from time to
128 time pursuant to a Modification Agreement to remove from the terms
129 of this Lease any or all of the Property on which no improvements
131 have been placed which were financed by the issuance of Certifi-
132 cates.
1 3 3
134 (c) Whenever Additional Certificates, as defined in the
135 Trust Agreement, are issued, this Lease may be amended pursuant to
136 a modification Agreement to provide for an additional lessee to be
137 the Leasing Company for purposes of the issuance of such Additional
138 Certificates. The term Leasing Company shall include any such ad-
139 ditional lessee.
141
142 (d) At any time when all Certificates of any series are
143 no lonqer outstanding pursuant to the Trust Agreement, this Lease
145 may be amended pursuant to a Modification Agreement to release the
146 Leasing Company for any such series of Certificates from the terms
147 of this Lease as a Leasinq Company.
1 4 9
150 (e) By execution hereof, the Leasing Company agrees that
151 the execution of any such Modification Agreement by the City shall
16
17
18 -2-
1
9
1 0
1 1
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152 be deemed to be executed by the Leasing company as well and no fur-
153 ther action by the Leasing Company is necessary.
1 5 5
156 Section 8. eed Of Trust. The City consents to the granting
157 of Deed of Trust dated as of the date hereof (the Deed of Trust),
158 from the Leasing Company to Walter F. Witt, Jr., and Patric-k J.
159 Milmoe, as trustees, on the leasehold estate created by this Lease
161 in order to secure payment of the rental payments prov-ided in the
162 Eease Agreement. The Deed of Trust may be modified from time to
163 time pursuant to a modification Agreement to conform to any modifi-
164 cations in this Lease pursuant to Section 7.
166
167 Section 9. Fe.es and Expenses. The City shall pay all reason-
168 able expenses of the Leasing Company arising out of the trans-ac-
169 tions contemplated by the Basic Agreements, as defined i-n the Lease
170 Agreement.
171
172 Section 10. Termination. In the event the city makes all of
173 the rental payment provided for in the Lease Agreement and exer7
174 cises the option thereunder to purchase the leasehold estate-of the
175 Leasing Company hereunder, then this Lease shall be assigned by the
176 Leasing Company to the City and shall be terminated -through merger
178 of the leasehold interest with the fee simple interest in the Prop-
178 erty, and the Deed of Trust shall be released. The Leasing Company
180 agrees, upon such assignment and termination or pson expiration of
181 the term hereunder, to surrender the Property to the City and, upon
182 the request of the city, to execute an @propriat-e instrument
183 evidencing such assignment and termination.
185
186 Section 11. Default. If an "event of default" under the
187 Lease Agreement occurs and is continuing or upon termination of the
188 Eease Agreement pursuant to Article VII thereof, the Leasing compa-
189 ny shall have the right to possess the leasehold estate created
190 hereunder for the remainder of the lease term and shall have the
191 right to sell or sublease the leasehold estate and assign or sublet
193 this Lease upon whatever terms and conditions it deems prudent;
195 provided, however, that, in such event, if the Leasing Company
197 shall receive a payment for sale of its leasehold estate or total
198 rental payments for sublease that are, after payment of the Leasinq
199 Company's expenses in connection therewith, in excess of the pur-
200 chase price specified in Section 6.2 of the Lease Agreement appli-
201 cable at the time of termination or default plus interest thereon
202 at the rate of 8% per year (with amounts so received to be credited
203 first to such interest and then to the principal), then 75% of sucn
204 excess shall be paid to the City by the Leasing Company, its as-
205 signs or its sublessee.
206
207 The City shall not have the right to exclude the Leasing Com-
208 pany from the Property or take possession of the Property (other
209 than pursuant to the Lease Agreement) or to terminate this Lease
16
17
18 -3-
1
9
1 2
1 3
210 prior to the expiration of its term upon any default by the Leasing
211 Company hereunder, except that if, upon the exercise of the 2ption
212 to purchase the Leasing Company's leasehold estate hereunder
212 granted to the City in Section 4.13 of the Lease Agreement and
213 after the payment of the purchase price specified therein and other
214 sums payable under the Lease Agreement, the Leasing Company fails
215 to convey its leasehold estate hereunder to the City pursuant to
216 sucr 2ption, then the City shall have the riqht to terminate this
218 Lease, such termination to be effective 30 days after giving notice
219 of such termination to the Leasing Company. However, in the event
220 of a default by the Leasing Company hereunder, the City may main-
221 tain an action for damages or for @ecific performance.
2 2 3
224 Section 12. Quiet Enio nt. Subject to Section 10, the
225 Leasing Company at all times during the term of this Lease shall
226 peaceably and quietly have, hold and enjoy the entire leasehold es-
227 tate created hereunder.
2 28
229 Section 13. Lease Back to City. Contemporaneously herewith
230 the Leasing Company will execute the Deed of Trust and the Leasing
231 Company and the City will execute the Lease Agreement wheresy the
233 Leasing Company will lease back its leaseholi estate in the Proper-
235 ty to the City subject to the Deed of Trust, and the City will
237 lease the same from the Leasing Company, all in accordance with the
239 Lease Agreement. The Lease Agreement requires the Leasing Company
241 to transfer, convey and assign to the City its leasehold estate
242 hereunder Ilpon payment of the purchase price or upon completion of
244 all required rental payments.
245
246 Section 14. Notices. All notices to be given under this
247 Lease shall be in writing and shall be deemed to have been qiven
248 when delivered in person or when mailed by first class registered
249 or certified mail, postage prepaid, addressed (a) if to the City,
250 at Municipal Center, virginia Beach, Virginia 23456 (Attention:
251 or (b) if to the Leasing Company, at P. 0.
252 Box (Attention:
253
2 54
255 Section 15. Severability. If any provision of this Lease
256 shall be held invalid by any court of competent jurisdiction, such
257 -Eolding shall not invalidate any other provision hereof.
2 58
259 Section 16. Successors and Assigns. This Lease shall be
259 binding upon, inure to the benefit of and be enforceable by the
260 parties and their respective successors and assigns.
2 62
263 Section 17. Applicable Law. This Lease shall be qoverned by
264 the laws of the Commonwealth 7f-Virginia.
2 6 5
2 6 5
16
17
18 -4-
1 0
1 1
1 2
1 3
266 Section 18. Counterparts. This Lease may be executed in any
267 number of counterparts, each of which shall be deemed to be an
268 original and all of which together shall constitute but one and the
269 same Lease.
27 0
27 0
2 7 0
2 7 0
2 7 0
2 7 0
2 70
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
27 0
27 0
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
27 0
2 7 0
2 7 0
2 7 0
27 0
270
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
2 7 0
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27 0
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2 7 0
2 7 0
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17
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1 3
271 IN WITNESS WHEREOF, the parties have caused this Lease to be
273 duly executed as of the date first above written.
2 7 5
279 CITY OF VIRGINIA BEACH
2 8 0
280
281 By
282 City Manager
28 3
28 3
2 8 3
284
285
28 5
286 By
1-87
288 Its
2 90
2 90
290
2 90
290
2 90
2 90
290
290
2 90
2 90
2 90
2 90
2 90
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2 90
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290
290
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290
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2 9 0
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2 90
2 90
2 90
16
17
i8 -6-
i
9
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1 1
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1 3
291 STATE OF VIRGINIA
2 92
2 93
294
2 94
296 The fore(going instrument was acknowledged before me in
297 1 virginia, this _ day of October, 1987, by
298 Thomas H. Muehlenbeck, City Manager of the City of Virginia
298 Eeach, virginia.
3 0 0
301 my commission expires:
30 3
3 0 3
3 0 6
307 Notary Public
308
3 0 8
3 0 8
309 STATE OF VIRGINIA
310
311
3 1 2
31 2
314 The foregoing instrument was acknowledged before me in
315 Virginia, this _ day of October, 1987, by
316 of
3 1 7
318 my commission expires:
321
321
322
323 Notary Public
326
326
326
3 2 6
3 26
3 2 6
326
326
326
3 2 6
3 2 6
3 26
3 2 6
326
3 26
326
326
326
'@ 6
17
18 -7-
4 9
5 0
5 1
5 2
5 3
5 4
1612 Exhibit A
161 3
161 3
1 61 3
161 3
1615 Description of Property
1616
1616
1616
1616
1616
1616
1616
1616
1616
1616
1616
1616
1616
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1616
1616
1616
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1616
1616
1616
1616
4 9
5 0
5 1
5 2
5 3
54
1617 Exhibit B
1618
161 8
1618
1618
1620 Description of Property To Be Acquired
1621
1621
1621
1621
1621
1621
1621
1621
1621
1621
1621
1621
1621
1621
1621
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1621
4 9
5 0
5 1
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5 3
54
1622 Exhibit C
1 62 3
1 62 3
1 62 3
1 62 3
1625 Schedule of Base Payments
1626
1 62 6
1627 Due Date Principal Interest TotalPayment
1630
1 6 3 0
1 63 0
1 63 0
1 63 0
1630
1 6 3 0
1 63 0
1 63 0
1 6 3 0
1 63 0
1630
1 63 0
1 6 3 0
1 63 0
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1 63 0
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1 63 0
1630
16 30
16 3 0
1630
1 6 3 0
1 63 0
1 6 3 0
1 6 30
1 6 3 0
1 6 30
1630
1 63 0
1 6 3 0
16 3 0
16 30
16 3 0
16 3 0
1 6 3 0
1 6 3 0
1 63 0
1 63 0
1 63 0
1 63 0
1 63 0
1 6 3 0
- 41 -
Item IV-J-4-
RESOLUTIONS ITEM # 28065
ADD-ON
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED:
Resolution urging support of Vice Mayor Meyera E.
Oberndorf for re-election to the Chairman of the
Urban Section of the Virginia Municipal League.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 41a -
RESOLUTION
WHEREAS, Mrs. Meyera E. Oberndorf has served with
distinction on the Council of the City of Virginia Beach both as
a Councilmember and as Vice-Mayor; and
WHEREAS, Mrs. Meyera E. Oberndorf has made many contri-
butions to the City of Virginia Beach since her election to City
Council on May 4, 1976; and
WHEREAS, she has also served with distinction as
Chairman of the Southeastern Planning District Commission and as
Chairman of the Virginia Beach Public Library Board; and
WHEREAS, she has also served with distinction on the
Envirorimental Subcommittee of the Virginia Municipal League; and
WHEREAS, she has served as chairman of the Urban
Section of the Virginia Municipal League and is eligible for re-
election to that position;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That Mrs. Meyera E. Oberndorf, Vice-Mayor of the City
of Virginia Beach, is eminently well qualified for re-election
to the Chairman of the Urban Section.
BE IT FURTHER RESOLVED that the Council of Virginia
Beach takes pleasure in endorsing Mrs. Oberndorf for this
position.
BE IT FURTHER RESOLVED that the City Clerk is
authorized and directed to forward a copy of this Resolution to
the President of the Virginia Municipal League.
Adopted by the Council of the City of virginia Beach,
Virginia on this 21 day of September 1987.
- 42 -
Item IV-K.
CONSENT AGENDA ITEM # 28066
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Item IV-K-3 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker* and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilwoman Parker voted a VERBAL NAY on Item IV-K-5-
- 43 -
Item IV-K.1
CONSENT AGENDA ITEM # 28067
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
ADOPTED upon SECOND RFADING:
Ordinance to accept and appropriate $20,694 in
State Grants into the YY 87-88 Operating Budget of
the Library Department.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE AND ACCEPT $20,fi94
IN STATE GRANTS INM THE FY 87-88 OPERATDIG
BUDGET OF TIIE LIBRARY DEPAR
WHEREAS, the Virginia Library Services and Construction Act, Title I,
provides the opportunity for additional state funding for certain programs by
means of special grants, and
WHEREAS, the Library Department has received permission to apply for grant
funding under two (2) of the state approved programs, The Subregional Library For
The Blind And Physically Handicapped Grant and The Literacy Grant, and
WHERF.AS, the state has accepted the applications and approved grant funding
for the Library Department's programs totaling $20,694.
NOW, ORE. BE IT ORDAIM BY THE COUNCIL OF THE CITY OF VIRGMA BEACH,
VIRG@, that $14,694 made available from the Subregional Library For The Blind
And Physically Handicapped Grant, and that $6,000 made available from The
Literacy Grant, be accepted and appropriated into the FY 8@7-88 operating budget
of the Library Department.
This ordinance shall be in effect from the date of its adoption.
Adopted this _ day of September, 1987, by the Council of the City of
Virginia Beach, Virginia.
Date of first reading: Septemh,-r 14 11 I qg:z
Date od second reading: September 21. 1987
APPR.OVE:) A5 TO CON'ENTS
APPRCVrlo Aq -ro LEGAL
SWJ/LIBGRANT.ORD
- 44 -
Item IV-K.2
CONSENT AGENDA ITEM # 28068
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of the City's
property known as the waters of Broad Bay Man Made
Canals, also known as Treasure Canal, to Oliver and
Myra Farinholt, their heirs, assigns and successors
in title.
The following conditions shall be required:
1 . The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must obtain all permits, i.e, waterfront
construction permit and building permit, before any
work may begin.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 44a -
Requested by Department of Public Works
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 CITY'S PROPERTY KNOWN AS
5 THE WATERS OF BROAD BAY
6 MAN MADE CANALS, ALSO
7 KNOWN AS TREASURE CANAL
8 TO OLIVER AND MYRA
9 FARINHOLT, THEIR HEIRS,
10 ASSIGNS AND SUCCESSORS IN
11 TITLE
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, Oliver and Myra Farinholt, their heirs, assigns and
18 successors in title are authorized to construct and maintain a
19 temporary encroachment into the property known as the waters of
20 Broad Bay man made canals, also known as Treasure Canal.
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining a boat dock
23 addition and that said encroachment shall be constructed and
24 maintained in accordance with the City of Virginia Beach Public
25 Works Department's specifications as to size, alignment and
26 location, and further that such temporary encroachment is more
27 particularly described as follows:
28
29 An area of encroachment into a
30 portion of the City's property
31 known as the waters of Broad Bay
32 man made canals, also known as
33 Treasure Canal, on the certain
34 plat entitled: " PHYSICAL SURVEY
35 OF 2244 WINDWARD SHORE DRIVE,
36 VIRGINIA BEACH, VIRGINIA LOT 55 BAY
37 ISLAND SECTION ONE MB 45, P 37 &
38 37A SCALE: 1"=40' DATE: MARCH 25,
39 1987 FOR: OLIVER P. & MYRA J.
40 FARINHOLT," a copy of which is on
41 file in the Department of Public
42 Works and to which reference is
43 made for a more particular
44 description.
45
46 PROVIDED, HOWEVER, that the temporary encroachment
47 herein authorized shall terminate upon notice by the City of
48 Virginia Beach to Oliver and Myra Farinholt, their heirs,
- 44b -
49 assigns and successors in title and that within thirty (30) days
50 after such notice is given, said encroachment shall be removed
51 from the City's property known as Treasure Canal and that Oliver
52 & Myra Farinholt, their heirs, assigns and successors in title
53 shall bear all costs and expenses of such removal.
54 AND, PROVIDED FURTHER, that it is expressly understood
55 and agreed that Oliver & Myra Farinholt, their heirs, assigns and
56 successors in title shall indemnify and hold harmless the City of
57 Virginia Beach, its agents and employees from and against all
58 claims, damages, losses and expenses including reasonable
59 attorney's fees in case it shall be necessary to file or defend
60 an action arising out of the location or existence of such
61 encroachment.
62 AND, PROVIDED FURTHER, that this ordinance shall not be
63 in effect until such time that Oliver & Myra Farinholt execute
64 an agreement with the City of Virginia Beach encompassing the
65 afore-mentioned provisions.
66 Adopted by the Council of the City of Virginia Beach,
67 Virginia, on the 21 day of September 19 87
68
69
70 JAS/IH/epm
71 08/13/87 IIOVID AS TO CONTEN f
72 CA-87-2401
73 (encroach\FARINHOLT.ord) _7
SIGNATURE
@z A, #a
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FOPM
WL /i@ @
V
2
THIS AGREEMENT, made this day of
7
19 @-/, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
i(iunicipal corporation, party of the first part, and OLIVER AND
MYRA FARINHOLT, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a boat dock addition in
the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such boat
dock addition, it is necessary that the said party of the
second part encroach into a portion of the City's property
known as the waters of Broad Bay inan filade canals, also knowii as
Treasure Canal; and said party of the second part has requested
that the party of the first part grant a temporary encroachrnent
to facilitate such boat dock addition within a portion of the
City's property known as the waters of Broad Bay man made
canals, also known as Treasure Canal.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a
temporary encroachment to use a portion of the City's property
known as the waters of Broad Bay man made canals, also known as
Treasure Canal for the purpose of constructing and maintaining
such boat dock additioli.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Coiiimonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's property known as the waters of
Broad Bay nian inade canals, also known as
Treasure Canal as shown on that certain
plat entitled: "PHYSICAL SURVEY OF 2244
WINDWARD SHORE DRIVE, VIRGINIA BEACH,
VIRGINIA LOT 55 BAY ISLAND SECTION ONE M B
45, P 37 & 37A SCALE: 1"=40' DATE: MARCH
2 5 ,1987 FOR: OLIVER P. & MYRA J.
FARINHOLT," a copy of which is attached
hereto and to which reference is made for a
more particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such teinporary encroachment shall be removed from the
City's property known as the waters of Broad Bay man made
canals, also known as Treasure Canal by the party of the second
part; and that the party of the second part shall bear all
costs and expenses of such removal.
2
It is further expressly understood and agreed that
the party of the second part shall indeinnify and hold harmless
the City of Virginia Beach, its agents and employees, from and
against all claints, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachinent other than that specified
herein and to the liniited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the second part must obtain all permits, i.e.,
waterfront construction permit and building permit, before any
work may begin.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and
pending such reatoval, the party of the first part may charge
3
the party of the second part compensation for the use of such
portion of the City's property encroached upon the equivalent
of what would be the real property tax upon the land so
occupied if it were owned by the party of the second part; and
if such removal shall nto be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each
and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties
in any manner provided by law for the collection of local or
state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
,2!OMV,ID A
L@CONT@
DEPAR7MEW
By
Oliver P. arinholt
By IL(4'LA
Myria@ Farinholt
2
4
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 THO?4AS H. MUEHLENBECK, City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of 19
1 has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this day of
19
Notary Public
my Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I I I a Notary
Public in and for the City and State aforesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of -1 19 , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby
certiEy that OLIVER P. FARINHOLT, whose name is signed to the
foregoing writing, bearing date t h e day of
1 19@, has acknowledged the same
before me in my City and State aforesaid.
G i v e n u n d e r my hand t h i s
day of
1 942
1
N t
My Commission Expires: F d-@
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 MYPA J. FARINHOLT, whose name is signed to the
foregoing w r i t i n g , bearing date the -,A6 @ day of
19 has acknowledged the same
before me in my City and State aforesaid.
Given u n d e r my h a n d t h i s day of
19
6
No'tary Public
My Counission Expires:
JAS/IH/epm
08/13/87
CA-2401
(encroach\FARINHOLT.agr)
@P,OVED AS TO Co,,41
TURE
DEPARTMENT
APPROVED AS TO LECAL
SUFFICIENCY APID F
7 TI A7
.FFLL a ISSER co.p..,
THIS 19 TO CERTIFRY THAT ON AO A H C H 1 9. 198 7 I SURVEYED THE PROPERTY SHOWN Ot4 THIS PLAT
ANO THAT THE TITLE L)NES AND PHYSIC^L IMPROVEMENTS ARE SHOWN ON THIS PLAT. THE IMPROVEMENTS STAND
STRICTLY WITHIN THr, TITLIC Llt4ES ANO TIIERL AfiE NO F.NCROACHMIFNTS OR VISIBLE LASEMENTS EXCEPIT As SHOWN.
NOTE, Tili$ PROPERTY APPEARS YO BE IN A " C ' FLOOI) ZONE STEPHEN 1. @INE, L.
FiRiA hiAP CITY OF VA.BEACti COMMUNITY NO. 515531
6LAP REVISIONT JAN. 17, 1985 PANEL NO. 0009C
TREASURE CANAL
4i
4'4
'IIQ A: I0,
SIIO'9'E DRIVE (50')
'PHYSICAL SURVEY
244 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VIRGINIA
LOT 55
BAY ISLAND
SECTION ONE
SCALE I'=40' ii 45,P37837A
DATE: MARCH 25 1987
FOR; 0 L I VER P. & MYRA J. FARINHOLT
STEPHEN I BOONE A
BROA@D,BAY
81?OAD SAK POIIVT
R-3
(OP)
R-3
(O P)
- 45 -
Item V-K-3-
CONSENT AGENDA ITEM # 28069
Reverend Thomas Jennings, Jr., 1325 Church Street, Phone: 424-5957,
registered in OPPOSITION.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Signet Enterprises, Ltd. for the closure of a
portion of Thompkins Lane, (Kempsville Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John I). Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
45a
ORDINANCE APPOINTING VIEWERS
WHEREAS, Signet Et)terprises Ltd. @)as given due and proper
notice in accord with lak,, that it would, aii the .2.1.st day of
1987, apply to t@)e City Council of tV)e City of Virgin-.a
Beach, Virginia, for the appointrnent of viewers to view the
below-described portion of Thon)pkins Lane in Keffpsville Borough, @.n
tl)e City of Virgiiii@, Beach, Vit,gii)ia, and to report iii @Iritilig to
tV,is Council whether ir) t@ic opiniori c)f said viewers a,ry, and if ari@,,
what inconvenience would result frorn the discontinuance., closlire anc,'
abandonn,ent of said portion of Thompkins Lane; and
WHEREAS, sucli applicatiofi has been propet,ly f:
iled %4-ith tliis
Cc)ur@c@ i 1 ; atid
WHEREAS, all requireinents of law have been rr,et;
t4OW, THEREFORE, be it ORDAINED by the Couiicil of ti-ie City Cf
Virginia Beach, Virginia, that Ora.1 .... Lanibert , Robert ... Scott. and David
....... ... ... ........... ....I................. .......... ............ ......... .
@ochtnal be and each of thetn is hereby appointed to view that certain
.@@ .... ..........
portion of Thompkins Lane as shown cri Exhibit entitled "Exhibit
Showing a Portion of Thompkins Lane To Be Closed for, Signet
Enterpr,ises Ltd.", Ken)psville Borougli, Virginia Beach, Virginia, inade
by Engineering Services Inc., dated August 13, 1987, which Exhibit is
attached to the ordinance of vacation to be recorded in the Clerk's
Office of the
Circuit Court of the City of Vii,ginia Beach, Vif,ginia, and said
viewers shall repc)rt in wr,itir)g to this Cout)cil on or
before 1 1987, at 2:00 p.n,., whether in their
.......... ....... ..............
opiniori any, and if any, what inconveriierice, @-ould re@ult to t@ie
public from the discontinuance, vacatiot) and abandonment of said
portion of Thompkins Lane.
ADOPTED; September 21, 1987
NOTICE
PLEASE TAKE NOTICE, that at the it)eet-ing cf thL- C-'Ity Counc-11
c,f tile City of Virginia vit,girlia, to be hl-ld of@ tl)e IISL dey
C)f Septerf,bc-.i,, 19@7, zt 2:00 p.ri,., a, tl-,e, Cit@, C-f ti,c-,, c@@ty C-f
Virginia Beach, Princess Antie Station, the undersigned w@ll Petitior-
tv@e Couricil for the, appc.)itiT,c@r)t of Viewcr-s to v-ic-w tlie bLIow-deE@cr,-@lbed
C-)f t Iir.,t cel, t@, i ii Et @.nc! t C) t II E-, 0 ty i I
c@r"i ri i ot, C)i ,-!)e V@i ewer -F w[i@@t , -if an y , ii WC@@Lj@i d
re It f i,orr, the v6.:at -,. r)g , (-, -1 o@@ i I)g @,nd d 1 scc)n tin@il;i c., of t @iL
E,Z, id port @ oii of sa 1 cl E-:t r-eet b(-. -'i rig cfe-cr@i bc-.d as f C-II
t t e (ii-- c)f I an c,' , @ i tki@t c ,
I y ;l@g i), @ ri@ @;ii tf@E C-'.ty c)l Virc,,iil,;@, Itatc- cf
p@i-L C,! It@c)rrpl,ii-,s Lene a@, o@-,
E F'C)T@'L-,;C-@@, c@f
1 'i ii Tc) Sc C I o (2d f c@t- S i @jne- t El@t @,i, 1-,1 i
Lt d Kc@riip@ v-i I I c- F:c,i c,LiLi Ii , V i r,cj i n 1 @ Fic,,&c; @-,, V,i r@g -@ r;
niade by Eng i r)eer- i t)g Set,vi ces I r)c . , da ted A(igus t
1 9 -. 7 wl, -1 c l@ i L, i t i altaclic-.cl to t@ie orclit)ar,.cE, c)f
@1),
Er@ter-pr,-i--c@s
@iFirs of C;ilcl-,:,i@t e@t)cj !--- to bc:, rc--c:c)rded
tl)o -f,. icc- C)@. t @,E; C -: r,c;@j i ,C@c@L)rt c@"' (",',y
of Virgii-)ia Vit,c,@ @, 11 la , fi,of,e
de,-c.'r,iL.ec,' a-z followf@.;
To L-stablish z, pcii,,t c)f begiririitig bec;in @-ith the
nor-th%,-e@@t c)f T@iorc,pk-@'r)@ C:C)Lirt (@0' R/W) E@rd
L@!)c (50 ' F@ /'V4 i ( @l . E: .I " @) ,P16(je 4 1 ) :
Hz, v -, t@cj t [ L]@ f--'E t @.@ t@l -i,-hed t@ic-. pcir)t c-l' bcci-@ir)n-;ng tq 04
54 ' 14 " E @9 ' tc) -,,. point ; then(,e alOlIg a CLirvE@ to
SoLit @)L-as;t a r6@c.1 *,u @'s ef 1 CO . 00 ' at)d ai@ ar,c,,
lerigth of 104.7@," to a point; th(-.nce S 04 r, 54- 14"
135.79' to a point; N 850 05' 46" W, 50.00' t@ ttie.,
point c)f begiiinirig .
Said pc)rtioti of Thonipkins Lane to be closed is located
in the Kerrpsville Bc)rough, Virginia Beach, Virginia,
containing 0.185 acres.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is receiv,d, at the next
regular meeting of the City Council, or as soon th,reafter S the
rr,atter ffjay be placecj on the. ager@cja, the undcrsigned will p&.tl-,iC),, I?,C-,
City Council to vacatc-, closc ald di-,3cc)f,itinue tliat port-.'on C)f
Thompkins Lane in tV)r= City of Virginia Beach, Virginia.
-@ICt4ET ENTERPRISEC-
By:
IN TiiE MATTER OF THE APPLICATION OF
SIGNET ENTERPIZISES LTD. f-'OR
T[iE (,LOSURI@'. VACATION AND DISCONTINUANCE
OF A PORTI()N OF T]IOMPI(INIS I.ANE, IN Kl-'MPSVII'LE
BOI@oilt,ii, ON EXliflilT ENTITLFI) "t-,XH1131T SliOWING
A POH'I'LON OF I'IIOMPI(INS LANL' '1'0 BE CLOSEF) FOR
SIGNET lINTEI@IIRISI",S VII@GINIA BEACH,
VIR(;INIA
PETITION
I-(D Tl-,c@ Cit:y Cc)kA(ici-I (@f
of
Yc)ur, 3-igriot Erite@r,i)r,,i L.tcl.,
kql)o WiL@) 5riiit:h E (-)f to.@t,y all c,f
tl,)e pl,c)]:)@i,ty tkiat C,,f' TFiori)p[,in@: a.-, C)@)
Sli,@qiiij @i PC)r,tiori of Laii(@ @o CID,.,, d foi, Sicji)@-t
e-,s LtJ.", cl,.@tc@d ALIgLISt 13, 19'7, attac@ied to t,')e or@dir)ar)co
C)f v.@cit-ioli @-,ei,ein @irid to be t,ecof,dcd iii t@ie Cler,k',,@; OFficE., of tlie
Cir,(-Ljit Cout,@ c)F C'iLy C)f Vir,gin@ia Beic@'), V,ii,g-in-i@i, hereby @,pplie,-
fat, Llie v@ic@@itioll, clc)sillg itici (liscc)ri@ifiu@incc, of t:hat poruiot) of
T@)c,rc,pkir),-@ L@.ine @3@i wri or) tho afc)rcs.@id V)Iat.
Yc)@,it, Fiid iio
will rc,@ult tc) t@)e. p@ibl-ic,,, by i,ee@@,c)n c)-f @-@,id clol@ure aricl a-ks
Co@ll)Cil vie@,qet-,s -3:@ pt,ov-ide(i I)y tc) vie,,,q @liL- -@aid
c,f Tl,ic.)if@pkiii@ -Qugt)t tc) @)e clo@,@cl and r,epor,t i;,) ,qrit'irig to the
Cci@II)c@l iii @lic, or)it)iof) or t-.he wli..,it
-if -@ir)y, woulci reSLIlt 'FI'Offi t@ie diE@contir)uaric@- ar)d
clo-,ut,e, liet't@if@ SOLi(jilt, It wfiicli tl-ic, @qill asi@ fot,
pa:@sag@? ol: an oi,dinanc,- thc@ por,tior) of Thonipk-in i-ane so@tgf)t
to bc, clc)--:;@-d
(Dc-, A@.igust @3, 1987, ar)d c)(i A@igu@.t 30, 1987, nolic@, of
t'(, apply for sucti to t@i@, Cc)@ir)c-il wa@,,: publis@@ed as
q@iii,E@d by l@,w it) l@I)e VIRGINIAN-Pli-OT (Be,,icc)ri Editiot)), .-@ newsID-Efper,
PLibI a Vir,g it),ia.
1Y SuL)fn,iLt(-@d,
SIGr4ET ENTERPRISES LI-0.
Sigiic,t En@,L@f'@Dt'ise L U,@
P.O. BC)@, 61-6
V,@ 2 3 4 5 6
-sraTe @of Virgi@iiia AFFIDAVIT
City of Norfolk
This day UNA SAWYER personally
oppeored before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of - VIRGINTAN PILQT & LERCER_STAR
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesopeake, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto onnexed of N_Q
has been published in said
newspaper on the following dates: --
8/23 30 I 9 _87__
AFFIANT
Subscribed ond sworn to before me in my city and state aforesaid t is
1st day'of SEPT. 19 87
commission expires
19
NOTARY PUBLIC
O( 'h@ '@id .,Ii@. .1
All
Ih,
c,.
A.'
C.@
a@.
1, d
To
112,39
C.,
I.C.'@d i. 'h,
.1 Ih.1 li@e,
nd
n. t@@ cil, c ... i,,
.@ Ih@ m.,.,,
M., . @,.@@d h@ Ih
.1ili.@ @@ cil,
.@d @i@
I., L... in Cil, .1 Vi,@,@..
.1@, Vi .......
ly G E loll
ATTORNEYS AND COUNSELLORS AT LAW 4560 COLUMBUS LOOP, VIRGINIA BRACH, VIRGINIA 23462
TELEPHONE (804) 49G-2711
ERNESTC.CONSOLVO
CARL S. MARKOWITZ
WILLIAM T. WEBS. JR. August 19, 1987
David S. Hay
Assistant City Attorney
Municipal Center
Virginia Beach, Virginia 23456
RE: Proposed Closure of Portion of Thompkins Lane
CERTIFICATE OF VESTINC OF TITLE
I, Carl S. Markowitz, do hereby certify that:
1. I am an attorney at law and have examined the title to
tlie property of the petitioner, Signet Enterprises, Ltd.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in Signet Enterprises, Ltd., the
Susanna Smith Estate, and Heirs of Mary Gilchrist, the adjacent
landowners.
The said property referred to herein is hereby described as
follows:
ALL THAT certain piece or parcel of land, situate, lying and
being in the City of Virginia Beach, State of Virginia,
being ttiat part of Thompkins Lane shown on exhibit entitled
"Exhibit Showing A Portion of Tliompkins Lane To Be Closed
for Signet Enterprises, Ltd.," Kempsville Borough, Virginia
Beach, Virginia, made by Engineering Services, Inc., dated
August 13, 1987, which exhibit is attached to the ordinance
of vacation from the City of Virginia Beach, Virginia, to
Signet Enterprises, Ltd., Susanna Smith Estate, and Heirs of
Mary Gilchrist and is to be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia,
more particularly described as follows:
To establish a poinl of beginning, begin with the northwest inter-
section of Thompkins Court (50' R/W) and Tliompkins Lane (50'R/W)
(M.B. 155, Page 44):
Page 2
August 19, 1987
Hziving thus established the poi.t of beginning N 04 degrees 54'
14" E, 222.39' to a point; thence along a curve to the southeast
with aradius of 100.001 and an arc length of 104.721 to a point;
thence S 04 degrees 54' 14" W, 135.79' to a point; N 85 degrees 05'
46" W, 50.00' to the point of beginning.
Said portion of Thompkins Lane to,,,be closed is located in
the Kempsville Borough, Virgini Virginia, containing
0.185 acres.
4560 Columbus Loop
Virginia Beach, Virginia
(-o
CD (M-B-155.PG.44) (D-B-2263.PG.iog)
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SIGNET ENTERPRISES, LTD.
portion of Thompkins La.
Kempsville Borough.
- 46 -
Item IV-K.4
CONSENT AGENDA ITEM # 28070
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances appointing viewers in the petition of
Motor City Associates for the closures, (Bayside
Borough):
Portion of Broad Street
Portion of Jersey Avenue
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
46a -
ORDINANCE APPOINTING V.IEWEFS
wHEREAS, MOTOR CITY ASSOCIATES, a Virginia general
partnership, has given due and proper notice, in accordance with
Section 15.1-364 of the Code of Virginia, 1950, as amended, that
it will on the 21st day of September, 1987, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below described property anc,
report in writing to the Council whetber, in the opinion of said
Viewers, any, and if any, what inconvenience would result from
the discontinuance of the hereinafter described portion of that
certain street, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of tbe CitY Of
virginia Beach, Virginia:
THAT C. Oral Lam
Robert J. Scot
and David Groc are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, wbether in their
opinion, any, and if any, what inconvenience would result from
the discontinuing and vacating of a portion of that certain
street located in the City of Virginia Beach, virginia, and more
particularly described as follows:
ALL THAT certain portion of Jersey Avenue
shown on the hatched areas on that certain
plat entitled "Physical Survey of Unimproved
Portion of Jersey Avenue Euclid Place Map Book
I
4 Page 62 Bayside Borough virginia Beach,
Virginia" attached hereto and made a part
hereof.
ADOPTED; September 21, 1987
1
08193/cp/COM
-2-
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 21st
day of September, 1987, at 2:00 p.m., at the City Hall of the
City of Virginia Beach, Municipal Center, the undersigned will
petition the Council for the appointment of Viewers to view the
below described portion of that certain street and report to the
City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing, and
discontinuance of same, the said portions of said streets being
described as follows:
ALL THAT portion of Jersey Avenue beginning at
a highway monument at the northeast
intersection of Virginia Beach Boulevard and
North Witchduck Road thence N 291 12' 13" E, a
distance of 25.73 ft. to the True Point of
Beginning; thence N 841 541 30" W, a distance
of 27.21 ft. to a point; thence S 05@ 051 30"
W, a distance of 64.7 ft. to a point; thence S
29@ 12' 13" W, a distance of 70.19 ft. to the
True Point of Beginning.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close, and discontinue tbat portion
of Jersey Avenue in the City of Virginia Beach, Virginia,
described above.
MOTOR CITY ASSOCIATES, a
Virginia general partnership
By:
Of Counsel
Charles M. Salle'
PENDER & COWARD
Greenwich Centre
4th Floor, 192 Ballard Court
Virginia Beach, VA 23462
( 80 4) 4 90 -3 00 0
08193/cp/COM
-2-
IN TEIE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CEIZTAIN
STREET, KNOWN AS JERSEY AVENUE, AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED, 'PHYSICAL SURVEY
OF UNIMPRCVED PORTION OF JERSEY AVENUE EUCLID
PLACE MAP BOOK 4, PAGE 62, BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA' ATTACHED HERETO AND
MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE ME@IBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Motor City Associates, a Virginia general
partnership, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of those
certain streets, which is more specifically described as follows:
ALL THAT portion of Jersey Avenue shown as the
hatched area on that certain plat entitled
"Physical Survey of Unimproved Portion of
Jersey Avenue Euclid Place Map Book 4, Page
62, Bayside Borough Virginia Beach, virginia"
attached hereto and made a part hereof.
2. That no inconvenience will result to any person by
reason of said closing, vacation and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of said
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether in the opinion
of said Viewers, what inconvenience, if any, would result from
the discontinuance and the closing of this portion of said
street, as herein described.
3. That on the_ day of 1987, and on
tbe day of , 987, notice of the presentation
of t 1 application was published in the Virginian-Pilot, a
newspaper of general circulation in the City of Virginia Beach,
Virginia.
4. That the fee simple owners of all land along and adjacent
to and affected by said portion of the platted street is motor
City Associates, a Virginia general partnership, 5086 virginia
Beach Boulevard, Virginia Beach, Virginia 23462
Respectfully submitted,
MC)TOR CITY ASSOCIATES
By f Counsel
Charles M. Salle'
Pender & Coward
Fourth Floor, Greenwicb Centre
192 Ballard Court
[At Greenwicb Road]
virginia Beach, VA 23462-2483
08193/COM
-2-
State of Virgi'ni'a
City of Norfolk AFFIDAVIT
This day Brenda personally
appeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of Virginian Pil@+ T@A - - - @t-ar
a newspaper published by Landmork Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto annexed of
newspaper on the following dates: has been published in said
fiant
Subscribed and sworn to before me in my city and state aforesaid this
1 4 day of Sei3tember 19 a7
My commission expires
i 9
C) Notary Public
..TICE
PI-SE T..@ OTI@, 1.1 .1
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PENDER 8 COWARD
F ... 1. FI.O.. 6.... C..@..
c ..@-11 192 B.,, ... C.11.1
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F..Ie
VIRGINIA BEACH. VIRGINIA 23462-2483 .@C .... El
-.G .... E TEIE@..@@ (804) 490 3000 NELSO. W. COWARE)
UON@RD ., LEVIN. IELE. N@..E. 156 251 380 NORRIS E HALPERN
C@.,F E.@ @.LAW @R.T.R'$ ....CT IAL ...BER
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-@E-T
OR@.N D @ILLIA..
CERTIFICATE OF VESTING OF TITLE
I, Charles M. Salle', Attorney for Motor City Associates, do
bereby certify that:
1. I am an attorney at law and represent Motor city
Associates, the petitioner.
2. If tbe portion of tbe Street described as the hatched
area on the attached plat is discontinued, closed and vacated by
the Council of the City of Virginia Beach, Virginia, then title
to said property will vest in Motor City Associates which
acquired the fee simple title to the property from the estate of
R. E. Townsend, the fee simple title to the streets having been
reserved by tbe estate of R. E. Townsend and its predecessors in
title.
Very truly yours,
Charles M. Salle"
CMS/cp/08193
A MEMBER OF COMMONWEALTH LAW GROUP. LTD.
CURVE DATA
NO. R L n
1 128.48' 11.00- 0 22-37-
2 128.48' 70.19' 532@
3 2128.48' 14.00' oo,i7'46"
LC)
0
Ln
NOTES:
I .PROPERTY IS SHOYN ON TAX MAP 0-7, CITY
OSED R/'
R CLOSUR OF \,LRGINIA BEACH,
EY AVE. 2. REFERENCE NORTH TAKEN FRom
'RESUBDI\nSION OF THE REMAINDER OF
BLOCK 1 AND BLOCK 2, EUCLID PLACE',
MAP BOOK 187, PAGE 42.
3. BENCHMARK IS CHISELED @ ON BACK OF
V)T CURB AT END OF CURB ON EXISTING
IMPROVEMENTS FOR JEANNE STREET.
0 EL.=18.64' N.G.V.D.
FP
4. TOTAL AREA OF PORTION OF JERSEY AVENUE
SHOWN HEREON IS 867 SO. FT. OR
Now or Fo-erly 0.01990 AC.
MOTORCITY
I.. COIVC D.S. 2639, P. 597
VMtl7@
SA 1.
.W. 13.
PLTH 0
lAki C, HO
114
(To. 1663
CERTIFICATION
I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY TO THE BEST OF MY
KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND
STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL
ENGINEERS, LAND SURVEYORS, AND CERTIFIED LANDSCAPE ARCHITECTS. THIS SURVEY
WAS MADE UNDER MY SUPERVISION ON JULY 9, 1987.
WLLIAM C. HOLTON, L. S. 1563
PHYSICAL SURVEY
OF
UNIMPROVED PORTION OF JERSEY AVENUE
EUCLID PLACE
MAP BOOK 4. PAGE 62
BAYSIDE BOROUGH
SCALE: 1"=20' \ARGINIA BEACH, \ARGINIA
DATE: JULY 13, 1987
ORDINANCE APPOINTING VIEWERS
WHEREAS, MOTOR CITY ASSOCIATES, a Virginia general
partnership, has given due and proper notice, in accordance with
Section 15.1-364 of the Code of Virginia, 1950, as amended, that
it will on the 21st day of September, 1987, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below described property and
report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from
the discontinuance of the hereinafter described portion of that
certain street, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
Robert J. Scott
and David Grochmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result from
the discontinuing and vacating of a portion of that certain
street located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL THAT certain portion of Broad Street shown
as the hatched areas on that certain plat
entitled "Physical Survey of Unimproved
Portion of Broad Street, Euclid Place Map Book
4 Page 62 Bayside Borough virginia Beach,
Virginia" attached hereto and made a part
hereof.
; September 21, 1987
08194/COM
-2-
1
i
NOTICE
PLEASE TAKE N(YRICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 21st
day of September, 1987, at 2:00 p.m., at the City Hall of the
City of Virginia Beach, municipal Center, the undersigned will
petition the Council for the appointment of Viewers to view the
below described portion of that certain street and report to the
City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing, and
discontinuance of same, tbe said portions of said streets being
described as follows:
ALL THAT portion of Broad Street beginning at
the point of intersection of the western
right-of-way line of Southgate Avenue with the
Southern right-of-way line of Broad Street;
thence Westerly along the Southern right-of-
way line of Broad Street 125 feet to a point
which point is the True Point of Beginning;
thence North 84@ 541 30" W, a distance of 125
feet to a point; thence N 57@ 25' 0011 W, a
distance of 129.98 feet to a point; thence S
841 541 30" E, a distance of 240.30 feet to a
point; thence S 5* 051 30" W, a distance of 60
feet to the True Point of Beginning.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close, and discontinue that portion
the City Council to vacate, close, and discontinue that portion
of Broad Street in tile city of Virginia Beach, virginia,
described above.
MOTOR CITY ASSOCIATES, a
virginia general partnership
By:
Charles M. Salle'
PENDER & COWARD
Greenwich Centre
4th Floor, 192 Ballard Court
Virginia Beach, VA 23462
(804) 490-3000
08194/COM
-2-
IN TBE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET,
KNOWN AS BROAD STREET, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, 'PHYSICAL SURVEY OF UNIMPROVED
PORTION OF BRQAD STREET EUCLID PLACE MAP BOOK 4,
PAGE 62, BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA'
ATTACHED HERETO AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Motor City Associates, a virginia general
partnership, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of those
certain streets, which is more specifically described as follows:
ALL THAT portion of Broad Street shown as the
hatched area on that certain plat entitled
"Physical Survey of Unimproved Portion of Broad
Street Euclid Place Map Book 4, Page 62, Bayside
Borough Virginia Beach, Virginia" attached hereto
and made a part hereof.
2. That no inconvenience will result to any person by
reason of said closing, vacation and discontinuance of said
street; and the Petitioner prays that this nonorable Council
appoint viewers as provided by law to view the portion of said
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether in the opinion
of said Viewers, what inconvenience, if any, would result from
the discontinuance and the closing of this portion of said
street, as herein described.
3. That on the_ day of 1987, and on
the day of ' 1987, notice of the presentation
of t@is application was published in the Virginian-Pilot, a
newspaper of general circulation in the City of Virginia Beach,
Virginia.
4. That the fee simple owners of all land along and adjacent
to and affected by said portion of the platted street are Andrew
and George Loizou, and Motor City Associates, a Virginia general
partnership, 5086 virginia Beach Boulevard, Virginia Beach,
Virginia 23462.
Respectfully submitted,
MOTOR CITY ASSOCIATES
By
Of Counsel
Charles M. Salle'
Pender & Coward
Fourth Floor, Greenwich Centre
192 Ballard Court
[At Greenwich Road]
Virginia Beach, VA 23462-2483
08194/COM
State of Virgi'ni'a AFFIDAVIT
City of N. rfolk
This day Brenda ni,gani, personally
appeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto annexed of
has been published in said
newspaper on the following dates:
19 -8-7-
Afi
Subscribed and sworn to before me in my city and state aforesaid this
1 4 day of SeDtemh@, 19 87
My commission expires
1 9
Notary Public
toll-
&
1. C.,
PENDER G COWARD 1E.".@ --l .1111,
--D CO@@SEIIO@S I IE.10@-
192 B.@,@,@ C.,@,
@ll-@ C @E@DE@ 11893-19191
0. Ell@@ VIRGTN]A BEACH,VIFIGINIA 23462-2453
L.@@@A. @ELSON . COW@RI)
C ANION, @OR@IS E ALPER@
NI..@. 56 251 380
.EN@l W@ ll-'@ @L.IIT .1@L
C--l@'- CA.- A..@-,@ IALAW
.@N @L ., 51 I 1.@E
T@...
.A-@ E@l@.@.Hl-
@ IIIA@ .. @. 1.
,..N TILH.@
T AL@. CERTIFICATE OF VESTINC OF TITLE
I, Charles M. Salle', Attorney for Motor City Associates, do
hereby certify that:
1. I am an attorney at law and represent Motor city
Associates, the petitioner.
2. If the portion of the Street described as the hatched
area on the attached plat is discontinued, closed and vacated by
the Council of the City of Virginia Beach, Virginia, tben title
to said property will vest in Motor City Associates which
acquired the fee simple title to the property from the estate of
R. E. Townsend and its predecessors in title.
Very truly yours,
Charles M. Salle'
CMS/cp/08194
A MEMBER OF COMMONWEALTH LAW GROUP, LTD.
NOTES:
1. PROPERTY IS SHOWN ON TAX MAP D-7, C17Y
OF 'ARGINIA BEACH.
2. REFERENCE NORTH 7AKEN FROM
'RESU13DI'ASION C)F THE REMAINDER OF
BLOCK 1 AND BLOCK 2, EUCLID PLACE',
MAP BOOK 187. PAGE 42.
3. BENCHMARK IS CHISELED 'C' ON BACK OF
CURB AT END OF CURB ON EXISTING
IMPROVEMENTS FOR JEANNE S7REET.
EL.=18.64' N.G.V.D.
Li 4. TOTAL AREA OF PORTION OF BROAD STREET
SHOWN HEREON IS 10.959 SO. F7. OR
C) 0.25158 AC.
00
erly
Now or Fo@erly
00 )AOTORCITY PARTNERSHIP@
z D.B. 2501, P. 1
FD. t, P@ FD
-BROAD S Now @ F@eriy
(UNIMPR D),,@ ARAGONA 'ALLAGE. SECTION 13
BLOCK 23
CERTIFICATION
I nrMrD] L;ERTIFY THAT THIS BOUNDARY SURVEY TO THE BEST OF MY
KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES \MTH THE MINIMUM PROCEDURES AND
STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PRC)FESSIONAL
ENGINEERS, LAND SURVEYORS, AND CERTIFIED-LANDSCAPE ARCHITECTS. THIS SLJRVEY
WAS MADE UNDER My SUPER\ASION ON JULY 9, 1987.
\MLLIAM C. HOLTON, L.S. # 1563
PHYSICAL SURVEY
OF
UNIMPROVED PORTION OF BR-OAD STREET
EUCLID PLACE
MAP BOOK 4, PAGE 62
BAYSIDE BOROUGH
SCALE: 1"=30' \ARGINIA BEACH, VIRGINIA
DATE: JULY 13, 1987
L@4 1
1 (O!
'Cl
C*'4
t7
MOTOR CITY ASSOCIATES
Closure of a portion of Broad Street
Closure of a portion of Jersey Ave.
Bayside Borough
- 47 -
Item IV-K-5
CONSENT AGENDA ITEM # 28071
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance appointing viewers in the petition of Sol
W. Cohen for the closure of a portion of Croatan
Road, (Lynnhaven Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
Nancy K. Parker*
Council Members Absent:
None
"Verbal Nay
- 47a
ORDINANCE POINTING VIEWEPS
WHEREAS, SOL W. COHEN, a Virginia general partnership, has
given due and proper notice, in accordance with Section 15.1-364
of the Code of Virginia, 1950, as amended, that it will on the
21st day of September, 1987, apply to the City Council of the
City of Virginia Beach, Virginia, for the appointment of Viewers
to view the below described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if any,
what inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street, and has
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott C. Oral Lambert, Jr.
and David Grochmal
and are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result from
the discontinuing and vacating of a portion of that certain
street located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL TRAT certain portion of Croatan Road shown
as the shaded areas on that certain plat
entitled "Street Closure Plat Showing a
portion of Croatan Road to be closed Lynnhaven
Borough, Virginia Beach, Va." attached hereto
and made a part hereof.
08262/COM
ADOPTED: September 21, 1987
NaricE
PLEASE TAKE N(YTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 21st
day of September, 1987, at 2:00 p.m., at the City Hall of the
City of Virginia Beach, Municipal Center, the undersigned will
petition the Council for the appointment of Viewers to view the
below described portion of that certain street and report to the
City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing, and
discontinuance of same, the said portions of said streets being
described as follows:
ALL THAT portion of Croatan Road beginning at
an iron pin, being the Northwest corner of the
parcel as described in Deed Book 794 at page
192; said pin being approximate to General
Booth Boulevard (variable Right-of-way) and in
the line of the boundary as shown in map Book
12 at page 65 between "Rudee Heights" and
Sunrise Development Corporation; thence in an
Easterly direction along said boundary line S
841 331 18" E a distance of 110.521 to a point
on the curve in the Northern line of Croatan
Road (Map Book 24 Page 27); thence proceeding
along the Northern line of Croatan Road along
a curve to the right having a radius of
107.48' and a length of 33.811 to a point in
the Eastern boundary of the parcel as
described in Deed Book 794 at page 192; thence
turning and proceeding Southerly along said
Eastern boundary a bearing of S 27* 471 42" W
and a Distance of 80.71' to a point on a curve
in the proposed Northern line of Croatan Road;
said proposed right-of-way line to be 80'
distant and concentric from the existing
curved Southern boundary of Croatan Road as
shown in Map Book 24 at page 37; thence tuning
and proceeding along the proposed Northern
right-of-way of Croatan Road along a curve to
the left, having a radius of 181.101 and a
I-ength of 39.61' to a point; thence continuing
along said proposed right-of-way along a curve
to the right, having a radius of 135-831 and a
length of 80.33' to a point; thence continuing
along a curve to the right, having a radius of
27.48' and a length of 12.50' to a point;
thence continuing along the proposed Northern
right-of-way of Croatan Road, in a non-
concentric manner, along a curve to the right,
having a radius of 62.751 and a length of
39.311 to a point in the Western boundary of
said parcel as described in Deed Book 794 at
page 192; thence turning, leaving the proposed
right-of-way of Croatan Road and proceeding in
a Northerly direction along said Western
property line along a bearing of N 27* 47' 42"
E a distance of 118.091 to an iron pin, the
point of beginning.
At that time, anyone affected may appear and present his
views.
After the report of the viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close, and discontinue that portion
of Croatan Road in the City of Virginia Beach, Virginia,
described above.
SOL W. COHEN
By:
IN TEIE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT C.ERTAIN
STREET, KNOWN AS CROATAN ROAD, AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED 'STREET CLOSURE
PLATS SHOWING A PORTION OF CROATAN ROAD TO BE
CLOSED LYNNBAVEN BOROUGH, VIRGINIA BEACH, VA.'
ATTACHED HERETO AND MADE A PAIU HEMCF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF TliE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Sol W. Cohen, a Virginia general
partnership, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioner applies
for the vacating, closing, and discontinuance of a portion of
those certain streets, which is more specifically described as
follows:
ALL THAT portion of Croatan Road shown as tbe
shaded area on that certain plat entitled
"Street Closure Plat showing a portion of
Croatan Road to be closed Lynnhaven Borough,
Virignia Beach, Va." attached hereto and made
a part hereof.
2. That no inconvenience will result to any person by
reason of said closing, vacation and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of said
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether in the opinion
of said Viewers, what inconvenience, if any, would result from
the discontinuance and the closing of this portion of said
street, as herein described.
3. That on the day of 1987, and on
the day of , 1987, notice of the presentation
of t is application was published in the Virginian-Pilot, a
newspaper of general circulation in the City of Virginia Beach,
Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
are Sol W. Cohen, James W. Batcheller and Charles DeForan.
Respectfully submitted,
SOL W. COHEN
By
Of Counsel
Charles M. Salle'
Pender & Coward
Fourth Floor, Greenwich Centre
192 Ballard Court
[At Greenwich Road]
virginia Beach, VA 23462-2483
08262/COM
Charles M. Salle'
PENDER & COWARD
Greenwich Centre
4th Floor, 192 Ballard Court
virginia Beach, VA 23462
(804) 490-3000
08262/COM
PENDER 6 COWARD
F... 1. F,.... G@E-.1- C@.I.@
192 B."... c ... I
VIRGINIA BE:ACH. VIRGINIA 23462-2483
c -@..o... TEI-@..E (S@) .90 3@ NELSO@ W COWARD
IEONA.. . I-... T@LE. 156 251 380 @OR.15 E. H@LPERN
IA.E@ . L..@..@N CA.I@ A .... @.IA@ @RITE@ ..R@Cl .@l N...ER
MTE. C A@@... 1.
S.R@E W ..R..I.E.
.@..IC ..R..@, IR
@@A.LE@ . ALII
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.IIIIA.
I..N A 'IL..@
1.@E-T Al.0
CERTIFICATE OF VESTING OF TITLE
I, Cbarles M. Salle', Attorney for Sol W. Cohen, do
hereby certify that:
1. I am an attorney at law and represent Sol W. Cohen,
the petitioner.
2. If the portion of the Street described as the shaded
area on the attached plat is discontinued, c]-osed and vacated by
the Council of the City of virginia Beach, Virginia, then tit]-e
to said property will vest in Sol W. Cohen who acquired the fee
simple title to the property from the United States of America.
Very truly yours,
@'-p @, @@.
Charles M. Salle'
CMS/cp/082t2
A MEMBER OF COMMONWEALTH LAW GROUP, LTD.
State of Virginia
City of Norfolk AFFIDAVIT
This day personally
appeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of-
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto annexed of Notice-Please take notice
has been published in said
newspaper on the following dotes:
6th & 13th 19 87
Subscribed and sworn to before me in my city and state aforesaid this
day of
19
My commission expires
19
Notary Public
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SO@ W, CQHEN
Closure of portion of Croaton Road
Lynnhaven Borough
- 48 -
Item IV-K.6.
CONSENT AGENDA ITEM # 28072
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$7,020.61 upon application of Certain Persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
ORM NO. C.A. 7 - 48a - 8/28/87 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PF:RSONS
AND UPON CFRTIFICATION 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
Y ear of Tax Number tion No. Paid
Behavioral Medicine Consult 87 pp 12578-2 62386 6/5/87 319.20
Anthony Nocella III 87 pp 125669-2 62349 6/5/87 202.35
Anthony Nocella III 87 pp 125670-9 62350 6/5/87 44.65
Stephen L Wells 87 pp 181175-2 62132 6/5/87 164.35
Beach Brokerage Inc 87 pp 11610-4 62241 5/29/87 193.00
Hollomon Brown Funeral Home 87 pp 81528-8 62330 6/5/87 3,048.70
Hohn W & Jean Risinger 86 pp 136665-4 62337 5/16/86 204.00
National Car Rental System 87 pp 123750-7 62450 6/5/87 125.40
Steven R Hock 87 pp 811213-0 6,2415 F/5/87 158.65
Dominion Bank Nat'l Assoc 87 pp 46589-7 62443 6/5/P,7 118.14
Breton H Lyhus 87 pp 106485-4 62441 8/4/87 22.19
Kenneth W Gehab 87 pp 63462-4 62484 6/5/87 226.14
Sterling Savings & Loan 87 RE(1/2) 108981-0 12/5/86 317.88
Swanberg Corp 87 RE(2/2) 120340-1 6/5/87 191.92
E S G Enterprises Inc 87 RE(2/2) 119119-2 6/4/87 198.48
E S G Enterprises Inc 87 RE(2/2) 119120-9 6/4/87 191.28
Charles M George 85 RE(1/2) 19766-2 6/28/85 56.90
Charles M George 86 RE(1/2) 35796-1 6/30/86 63.24
Charles M George 86 RE(2/2) 35796-1 8/28/86 49.46
Henry C Frenck, Att- 87 RE(2/2) 119118-3 5/29/87 196.40
Henry C Frenck, Att- 87 RE(2/2) 119117-4 5/27/87 191.28
Sovran Bank 87 RE(2/2) 107561-0 6/5/87 136.80
Atlantic Permanent S & L 87 RE(2/2) 21203-7 6/4/87 76.60
Chester L Shaffer Jr 87 RE(2/2) 94609-4 6/5/87 4.80
Chester L Shaffer Jr 87 RE(2/2) 94608-5 6/5/87 15.46
R J Donahue & The Ashweb Co 87 RE(2/2) 27545-1 12/2/86 204.10
Warren E Sachs 87 RE(2/2) 91388-7 7/6/87 8.56
Patricia A Walker 87 RE(1/2) 76585-9 6/30/87 13.70
Virginia Beach Federal 87 RE(2/2) 43497-6 6/5/87 150.44
Kay F Collier 84 RE(1/2) 86102-5 6/23/87 14.05
Kay F Collier 84 RE(2/2) 86102-5 6/23/87 13.49
William D Robinson 87 RE(2/2) 89007-2 11/19/86 48.00
John A Colona N/A Pkng 120461 7/20/87 15.00
Dennis M Kinney N/A Pkng 119749 6/16/87 6.00
Michelle R DeVauld N/A Pkng 130224 4/6/87 25.00
J Stephen Huff 87 Dog V02463 8/3/87 5.00
Total 7,020.61
This ordinance shall be effective from date of adoption.
T@,@@e
.69batement(s) totaling
were approved by
the Council oftf Cityof yi@n' '%er
Beach on the day of em
ti
Ar
Ruth Hodges Smith
City Clerk
Da'@e Bimson, City Attorney t
- 49 -
Item IV-K.7.
CONSENT AGENDA ITEM # 28073
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $3,332.28 upon application of Certain Persons
and upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A@ 8 REV@ 3,N - 49a-
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
Bel-Ty Utilities Inc
4966 Euclid Road
Va Beach, VA 23462 1983-86 Audit 2,070.58 2,070.58
Boddie Noell Enterprises
T/A Hardees
P 0 Box 1908
Rocky Mountain, Nc 27802 1985-86 Audit 301.69 301.69
Business Brokers Of VA Inc
1 Columbus Center #610
Va Beach, VA 23462 1985-86 Audit 188.87 188.87
Certified as to Payment:
R@bert P. Vaughan
Commissioner of the Revenue
ADDroved as to t rm:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S ? 9 61 1 4 were approved by the Council
of the City of Virginia Beach on the 21 day of September 87
- '19 -
Ruth Hodges Smith
City Clerk
FORM NO. C@A. 8 REV. 49b -
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 certifir-ation of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
Dabney B. Holy, Jr
1800 Woodside L@ne
Va Beach, VA 23454 1985-86 Audit 96.00 96.00
Hutcheson Enterprises Ltd
T/A Poodle Boutique
3333 Princess Anne Plaza
Va Beach, VA 23452 1985-86 Audit 190.75 190.75
Hydro-Hose & Supply CO Inc
T/A Hydro-Hose & Supply CO
120 Pennsylvania Ave
Va Beach, VA 23462 1985-86 Audit 229.39 229.39
Certified as to Payment:
Ao-bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
r, -
CKa(6 Bi@don
/City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $516.14 were approved by the Council
21 September 87
of the City of Virginia Beach on the day of .19 -
Ruth Hodges Smith
City Clerk
- 49c -
FORM NO. C.A. 8 REV, WN
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
Iver W. Melton
T/A Clean Water
4521 Drum Castle Court
Va Beach, VA 23455 1985-86 Audit 55.00 55.00
Tri-tel Enterprises Inc
P 0 Box 64183-0183
Va Beach, VA 23464 1987 License 200.00 200.00
Certified as to Payment:
*o-bert P. Vaughan- G-/
Commissioner of the Revenue
Ai)i)roved as to form:
r /@///L@ -
Ld/Dafe Bimso'n-
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2 5 5 . 0 0 were approved by the Council
of the City of Virginia Beach on the 21 day of September 19 87
Ruth Hodges Smith
City Clerk
- 50 -
Item IV-K.8.
CONSENT AGENDA ITEM # 28074
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City
Council APPROVED:
RAFFLE PERMIT:
Cape Henry Woman's Club
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 51 -
Item IV-L.l.
UNFINISHED BUSINESS ITEM # 28075
The following spoke in support of a new Agreement of the City of Virginia Beach
with the Seller for the acquisition of the property commonly referred to as the
Maritime Museum Open Space to the extent of paying no more than $1,800,000
toward the purchase price, and the balance of the purchase price $600,000 to be
paid by the group known as the 24th Street Park Committee, and further
providing that the City shall pay no funds toward the purchase price until
December 31, 1987:
Alice G. Walter, Suite 506 - 4004 Oceanfront Phone: 425-1518, Secretary -
24th Street Oceanfront Park Committee, Inc. distributed a booklet to Members
of City Council containing letters of support and list of donors. (Said
booklet is hereby made a part of the record)
Maurice B. Jackson, President - 24th Street Oceanfront Park Committee, P.O. Box
24, distributed a computerized list of CONTRIBUTORS (Said list is hereby made
a part of the record) Approximately 10,000 people have indicated their
interest in same.
Lillian B. Youell, 4105 Hermitage Point, Phone: 460-0870, Chairman Historical
Review Board, presented the RESOLUTION to preserve the "Open Space" at 24th
Street, ADOPTED on March 25, 1987 by the HISTORICAL REVIEW BOARD. (Said
Resolution is hereby made a part of the record).
Timothy Barrow, Chairman of the Resort Area Advisory Commission, the provision
of additional open space is a key component for the revitalization program
recommended by RAAC.
Pat Bridges, concerned citizen, spoke in support of preserving valuable green
space and requested the funds for the City Jail wait.
Vicki Matheny, President of Virginia Beautification Commission, endorsed the
Oceanfront Park Site
Johnnie Miller (Mrs. Donald Miller), Immediate Past President, Council of
Garden Clubs, endorsed the Oceanfront Park Site.
Louis Miles Pace, 1908 Hunts Neck Court Phone: 468-0925, Candidate for the
Eight District Senate, spoke in support of the Agreement.
A MOTION was made by Councilman Fentress, seconded by Councilinan Heischober to
APPROVE the new Agreement of the City of Virginia Beach with the Seller for the
acquisition of the property commonly referred to as the Maritime Museum Open
Space to the extent of paying no more than $1,800,000 toward the purchase
price, and the balance of the purchase price $600,000 to be paid by the group
know as the 24th Street Park Committee, and further providing that the City
shall pay no funds toward the purchase price until December 31, 1987:
- 52 -
Item IV-L.1
UNFINISHED BUSINESS ITEM # 28075
Voting: 5-6 (MOTION TO APPROVE DEFFATED)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
None
- 53 -
Item IV-M.1
NEW BUSINESS ITEM # 28076
Reverend George T. Stallings, Pastor of First Colonial Church and Reverend
Benny Hampton of Fellowship Baptist Church spoke relative the City Bureaucracy.
Reverend Stallings requested the City return the $558-00 the church paid for
permits to the City. A copy of Reverend Stallings' remarks is hereby made a
part of the record.
Reverend Hampton spoke of his humiliation incurred at the Department of
Permits and Inspections in securing a permit for an Educational Wing for his
Church. Reverend Hampton requested the return of his land dedicated (41.5 feet
deep and 165 feet across the front of said property) for expansion of Indian
River Road or adequate compensation for acquisition.
Councilman Baum requested the City Manager and City Attorney's Staff prepare
information (Executive Summary) relative dedications of rights-of-way and
issuance of permits for church type facilities.
Vice Mayor Oberndorf requested the Staff investigate the different
organizations who have proffered and the cost to return their fees and their
land to them.
54 -
Item IV-M.2.
NEW BUSINESS ITEM # 28077
Mary Thurston, President of MOTHERS, INC., a non-profit hunger relief
organization operating in the oceanfront area. Over 1,000 pounds of food have
been distributed each week. MOTHERS, INC. is now planning to operate an
emergency WEATHER WATCH SHELTER and solicit City Council's support. Mary
Thurston expressed appreciation to Councilman Balko for his sponsorship of this
Agenda item. In June MOTHERSIS INC. applied for and received State funds from
the General Assembly's appropriation of $400,000 for Emergency Shelters. A
grant of $4400 was received. This Shelter would open approximately 30 nights
between November First and March Thirty-first when severe weather conditions
would threaten the health and safety of the Homeless. The release of this State
funding is contingent upon a Certificate of Occupancy. Churches can open on an
emergency basis to provide overnight shelter for the homeless and same is an
accessory use. MOTHERS, INC. after furnishing a hot meal at the FIRE ESCAPE
would then transport the homeless to the church facility. MOTHER'S, INC. would
hire a co-ordinator and provide volunteers to supervise. Bedding would be
provided by them. Breakfast would be provided at the FIRE ESCAPE. Approximately
15 churches are very interested in supporting this premise either by allowing
the use of their facility or other resources.
Reverend William J. Dale, Pastor of Church of the Ascension, advised of his
commitment of his church to be utilized as an EMERGENCY WFATHER WATCH SHELTER.
This is a interim solution for the HOMELESS at the Beach.
Alice Taylor, Executive Committee of the Virginia Beach Coalition for the
Homeless; Brenda McCormick, Project Director of MOTHERS' INC. and the initiator
of this Plan; Lynn Carruth, Housing and Community Development who worked
closely with MOTHER'S INC., were all in attendance to respond to City Council
inquiries.
- 5 5 -
Item IV-M-3-
NEW BUSINESS
ADD-ON ITEM # 28078
Councilman Heischober distributed a Resolution to name the SOUTHFASTERN
EXPRESSWAY THE SIDNEY S. KELLAM MEMORIAL EXPRESSWAY (Copy of same is hereby
made a part of the record.)
After City Council's perusal, Councilman Heischober requested this item be
added to the October 12, 1987 AGENDA.
- 56 -
Item IV-N.1
ADJOURNMENT ITEM # 28079
Upon motion by Councilwoman Baum, and BY ACCLA14ATION, City Council ADJOURNED
the Meeting at 7:08 P.M-
Beve@ 0. Hooks
Chief Deputy City Clerk
4uth Hoderes Smith, GMC
City Clerk
City of Virginia Beach
Virginia