HomeMy WebLinkAboutMAY 7, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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MAY 7, 1991
ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber - 11:30 AM
A. FY 1991-1992 OPERATING BUDGET
ITEM 11. INFORMAL SESSION - Council Chamber - 1:30 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FOR14AL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - April 23, 1991
2. PUBLIC HEARING FY 1991-1992 OPERATING BUDGET - April 24, 1991
G. PUBLIC HEARING
1. PROPOSED REAL PROPERTY TAX INCREASE
H. PUBLIC HEARING
1. FY 1991-1992 OPERATING BUDGET
1. ORDINANCES
1. FY 1991-1992 OPERATING BUDGET
a. Ordinance, upon FIRST READING, establ ishing the tax levy on
real estate for Tax Fiscal Year 1992.
b. Ordinance, upon FIRST READING, establishing the tax levy on
personal property and machinery and tools for the Calendar Year
1992.
c. Ordinance, upon FIRST READING, making APPROPRIATIONS for the
Fiscal Year beginning July 1, 1991 and ending June 30, 1992, in
the sum of Six Hundred Forty-five Million, One Hundred Eighty-
three Thousand, Two Hundred Forty-four Dollars ($645,183,244)
for Operations and Two Hundred Fifty-one Million, One Hundred
Sixty-eight Thousand, Four Hundred Fifty-seven Dollars
($251,168,457) in Interfund Transfers and regulating the
payment of money out of the City Treasury, as amended.
d. Ordinance to AMEND and REORDAIN Section 31-61 (a) and (b) of
the Code of the City of Virginia Beach, Virginia, re charge for
depositing solid waste.
e. Ordinance to AMEND and REORDAIN Section 1-12.1 of the Code of
the City of Virginia Beach, Virginia, re assessing court costs
for courthouse construction, renovation, or maintenance
(Judicial Center).
f. Ordinance authorizing the City Manager to suspend salary
increases for employees eligibie to recelve merits and
promotions re Sections 2-109 and 2-110 of the Code of the City
of Virginia Beach.
g. Ordinance authorizing the City Manager to transfer excess
appropriations to Reserve for Contingencies re use In funding
unanticipated expenditures.
2. Ordinance granting a FRANCHISE to Cox Cable Virginia Beach, Inc. to
construct; operate and maintain a cable television system; provide
for regulations and use; and, prescribing penalties for violation
of the provisions within the City.
J. RESOLUTIONS
1. Resolution approving the ISSUANCE of Educational Facilities Revenue
Bonds, in an amount not to exceed $550,000 for Cape Henry
Collegiate School.
2. Resolution sett 1 ng the Interest rate on $2,000,000 General
Obligation Public Improvement Bonds, Series of 1991B (Capital
Appreciation Minibonds).
3. Resolution requesting the State Corporation Commission Impose
conditions of approval on Virginia Power's application for
authority to construct an electrical transmission [Ine and
substation on Jarvis Road West ot Princess Anne Road. (Deferred
April 23, 1991)
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution directing the Director of Finance to make payment of
lost MINIBONDS in the amount of $500 each, bearing an annual 5.5%
annual rate of interest to:
a. Josle M. Gladstone, 403 16th Street, Virginia Beach, Virginia,
as sole legal and beneficial owner of Minibonds Nos. R-3092 -
R-3094;
b. Charles H. and Linda R. Payne, 1796 Indian River Road, Virginia
Beach, Virginia, as sole legal and beneficial owners of
Minibonds Nos. R-2422 - R-2423;
and,
c. Jerome and Rosalyn C. Gladstone, 4505 Firview Court, Virginia
Beach, Virginia, as sole legal and beneficial owners of
Minibonds Nos. R-3107 - R-3108.
2. Ordinance declaring EXCESS property on a parcel situated at
Woodbeach In the East right-of-way of Greenwell Road and Southeast
corner of Black Cove Road; and, authorizing the City Manager to
dispose of same.
3. Ordinances to authorize acquisition of property in fee simple for
right-of-way and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or condemnation:
a. Independence Boulevard Phase IV (CIP 2-987)
b. Rosemont Road, Phase IV (CIP 2-075)
c. Ocean Park Storm Drainage, Phase 11 (CIP-819)
d. Wolfsnare Ditch Improvements (CIP 2-117)
4. Ordinance authorizing the City Manager to apply to the U. S.
Department of Houslng and Urban Development for the Seventeenth
Year entitlement of Community Development Block Grant Funds.
5. Ordinance, upon FIRST READING, to APPROPRIATE $29,791 from excess
Income funds for housing programs in Target areas to the Community
Development loan and grant fund.
6. Ordinance authorizing the City Manager to enter Into a cost
participation agreement ($39,157 City's share) with Terry/Peterson
Development Corporation, re construction of certain sewer
facilities at Lake Cypress Condominiums at Newtown Road
(Kempsville Borough).
7. LOW BID:
WARBLER CONSTRUCTION ARAGONA SEWER REHABILITATION $432,292.39
CORPORATION CONTRACT I (CIP 6-937)
KEVCOR CORPORATION ARAGONA SEWER REHABILITATION $467,919.69
CONTRACT 11 (CIP 6-937)
8. Application of Virginia Beach Lifesaving Service, Inc. for an
ambulance permit pursuant to Section 10.5-2 of the Code of the City
of Virginia Beach, Virginia.
9. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Diamond Cab Company
Beach & Coastal Cab Co.
Nite Life Marina
Classic Limousine Service
Beach Limousine Service, Inc.
10. Ordinance authorizing tax refunds in the amount of $14,385.42.
M. APPOINTMENT
EROSION COMMISSION
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
SCHEDULE
FY 1991-1992 OPERATING BUDGET
MAY 14, 1991 2:00 PM
SECOND READING
APPROPRIATION ORDINANCE
City Council Chamber
5/2/91 gs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 7, 1991
Vice Mayor Robert E. Fentress called to order the WORKSHOP relative the FY
1991-1992 OPERATING BUDGET of the VIRGINIA BEACH CITY COUNCIL in the Council
Chamber, City Hall Building, on Tuesday, May 7, 1991, at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Paul
J. Lanteigne, Reba S. McClanan, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf (RECUPERATING FROM MAJOR SURGERY)
Louis R. Jones (ENTERED 11:40 A.M.)
- 2 -
C I T Y C 0 U N C I L W 0 R K S H 0 P
FY 1991 - 1992 OPERATING BUDGET
ITEM # 34367
11:30 A.M.
E. Dean Block, Assistant City Manager for Analysls and Evaluation, referenced
the letter of May 5, 1991, concerning the OPTIONS prepared for the FY 1991-1992
OPERATING BUDGET, Incorporating budget modificatlons.
OPTION A reflects the Appropriation Ordinance items of expenditure on a
Departmental Basis, rather than the previous level of detail. This procedural
change may be made to any of the OPTIONS. OPTION B APPROVES the Budget, as
presented, with the following amendments: An Ordinance to enable the City
Manager to collect fees for Court Ordered Mediation or Supervised Visitation
services provided by the Department of Social Services; and, an Ordlnance to
Amend and Reordain Section 21-207 of the Code of the City of Virginia Beach
pertaining to Motor Vehicles and Traffic. These Ordinances direct the City
Manager to Include and Implement the court mediation program, truck weighing
and weights and measures. The Appropriation Ordinance would be AMENDED to
reflect a total of $645,436,159.
OPTION C encompasses OPTION A and OPTION 8, plus anticipates the receipt of an
additlonal $900,000 from the State, appropriates those funds and commits their
utilization to increaslng the health care insurance contributlon by the City to
both City and School Employees by an additional $13.25 per month.
OPTION D eliminates the real estate tax Increase and the $1,000,000 expected
savings previously projected. Various reductions were itemized, the Impact of
these reductions reflected and reductlons considered but rejected were
depicted In D-1 through D-5.
Enclosure E reflects OTHER DISCUSSED PROGRAM ADDITIONS:
City Attorney assume all School legal responsibliftles.
No significant budgetary Impact
(Adding two (2) Full Time Employees).
AVANCE Program $ 75,000
Street Level Narcotics Enforcement $636,122
(Requires sixteen (16) additional Full time Employees)
Transfer of functions/resources from City Attorney to Commonwealth's
Attorney.
Additional 100% City funding for Commonwealth Attorney $148,325
(Requires four (4) Full Time Employees)
Sample ballot distributlon through newspaper
for Registrar's Office $ 7,000
- 3 -
ITEM # 34368
The INF'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Vice Mayor Robert E. Fentress in the Council Chambers, City Hall Building, on
Tuesday, May 7, 1991, at 1:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
- 4 -
ITEM # 34369
Vice Mayor Robert E. Fentress entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Erosion Commission
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
Actual or probable litigation or other specific legal matters are the
following:
1. Patrick Janeczek v. the Board of Zoning Appeals variance of Edwin B.
Lindsley, Jr., Vista Circle
Upon motion by Councilman Baum, seconded by Councilman Jones, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf
- 5 -
F OR MA L S E S S ION
VIRGINIA BEACH CITY COUNCIL
May 7, 1991
2:00 P.M.
Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on
Tuesday, May 7, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
6
Item III-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34370
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed In Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified In the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and Willlam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
4b,
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34369,
Page No. 4 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
h Hodges Smith, CMC/AAE
City Clerk May 7, 1991
7
Item 111-F.l.
MINUTES ITEM # 34371
Upon motion by CouncIf woman McCl anan, seconded by CouncII man Helschober, City
Councl I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 23,
1991, with the following clarifications:
ITEM # 34359, Pages 43 and 44
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM
R-10 TO B-3 Z04911306
AND,
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM
1-2 TO B-3 Z04911307
ITEM #34359 of the Minutes of April 23, 1991, shall
be DEFERRED until the City Council Session of May
14, 1991. Councilwoman McClanan understood the
proffers contained In the letters distrlbuted by
the Larkspur Civic League were to be Incorporated
into the conditions for approval.
Councilman Baum referenced ITEM #34360, Page 46
Ordinance to Amend and Reordain Section 4.1(m) (1)
of the Subdlvlsion Ordinance Pertaining to Street
Right-of-Way Widths.
Councilman Baum further referenced discussion
relative drainage swales with Robert Sc,tt
concerning perforated curbs instead of gravel. This
was not Included In the Ordlnance but Councilman
Baum wished the City Staff to revlew this and
present City Council with an amendment containing
the appropriate language.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
Item III-F.2.
MINUTES ITEM 34372
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council APPROVED the Minutes of the PUBLIC HEARING for the FY 1991-1992
OPERATING BUDGET of April 24, 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy X. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
9
Item III-G.l.
PUBLIC BEARING ITEM 34373
Vice Mayor Fentress DECLARED a PUBLIC HEARING:
PROPOSED REAL PROPERTY TAX INCREASE
The following registered to speak in OPPOSITION:
Colonel Robert B. Engesser, 5290 Vestry Drive, Phone: 499-3157. Colonel
Engesser distributed a statement.
Rae LeSesne, 5325 Thornbury Lane, Phone: 497-8008, President of the Citizens
Action Coalition.
Jim Beckstedt, 3496 Chickasaw Road, Phone: 499-1673, resident for twenty-five
years.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself
There being no other speakers, Vice Mayor Fentress CLOSED the PUBLIC HEARING.
- 10 -
Item III-G.2.
PUBLIC HEARING ITEM # 34374
Vice Mayor Fentress DECLARED a PUBLIC HEARING:
FY 1991 - 1992 OPERATING BUDGET
The following registered to speak:
Ernestine Middleton, 1612 Wakefield Drive, Phone: 464-2119, Vice-Chair Arts and
Humanities Commission. Mrs. Middleton advised of the 257 reduction in their
allocation. The Arts and Humanities Commission expressed appreciation for past
support and requested City Council keep apprised of economic factors.
Robert Mazione, 2025 Falling Sun Lane, Phone: 426-2280, President of the
Virginia Beach Municipal Employee Association. This Association represents
over 700 City employees. The Virginia Beach Municipal Employee Association
OPPOSES the FY 1991-92 OPERATING BUDGET. The Association desires merit and
cost-of-living pay increases for employees, is against the extra 'half hour
workday and the employees absorbing 100% of the increase in health insurance.
William Hay, 5284 Fairfield Boulevard, Phone: 497-3686, resident for eighteen
(18) years. Mr. Hay distributed his statement, which is hereby made a part of
the record. Mr. Hay spoke in OPPOSITION to the real property tax. Mr. Hay
concurred with the reductions in the School Budget and grants. Items as
Community Incentive Gifts and Promoting Employee Wellness should be examined.
Nancy Allan, 703 Tilden Place, Phone: 431-3265, Social Worker with the Virginia
Beach Department of Social Services. Mrs. Allan urged reconsideration of the
proposed FY 1991-92 OPERATING BUDGET, the present work schedule be aintained
and reinstating at least the cost-of-living raise.
Robert B. Engesser, 5290 Vestry Drive, Phone: 499-3157, represented himself and
distributed a copy of his statement. Mr. Engesser requested the Budget be
reduced by ten (10%) percent as the budget does contain waste.
Rae LeSesne, 5325 Thornbury Lane, Phone: 497-8008. Mr. LeSesne inquired
concerning revenues developers had been claiming would accrue to the City
from the expanded tax base. The City now faces a $72-MILLION debt service.
Marti Finch, Janaf Office Building, Suite 601, Phone: 461-8007, Director of
Participant Services at Endependence Center. Mrs. Finch expressed appreciation
for ongoing support of the Endependence Center and they are looking forward to
continuing to work with the City to assist citizens with disabilities to
become integrated into a more accessible society.
Laura Hall, Employee of Department of Social Services, Phone: 431-3293,
represented the Child Protective Services Unit. Mrs. Hall urged
reconsideration of the proposed FY 1991-92 OPERATING BUDGET, the present work
schedule be maintained and reinstating at least the cost-of-living raise.
Mrs. Hall advised her unit already works 8 to 8-1/2 hours per day and a lunch
hour is a luxury.
Item 111-G.2-
PUBLIC HEARING ITEM 34374 (Continued)
Greg Goldfarb, Assistant to the Publisher, Managing Editor - The Virginia Beach
Sun, Chesapeake Post and Portsmouth Tlmes. Mr. Goldfarb's statement Is hereby
made a part of the record. The City of Virginia Beach has been pub] ishing its
legal notices In the Virginia Beach Sun since 1926. Under consideration now Is
a proposal to terminate this tradition, at least as it relates to the City's
Planning Department. The Plannlng Department recommended duplication of
advertisements be eliminated by ceasing advertising In The Virginia Beach
Sun. Mr. Goldtarb advised the Sun is less expensive than The Beacon. The
Beacon Is charging $514.20 to publ lsh the same pubi lc notices that the Sun
runs for only $393-76.
Georgia Phillips, Employee of Department of Social Services, Phone: 486-7223.
Mrs. Phillips urged reconsideration of the proposed FY 1991-92 OPERATING
BUDGET by maintaining the present work schedule.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself. Mr. Pace
believed the FY 1991-92 OPERATING BUDGET should be balanced without a tax
Increase.
H. "Pat" Bridges, Jr., 557 Longleaf Road, Phone: 340-1829. Mr. Bridges proposed
a solution of untapped revenue. Mr. Bridges suggested billboards not be taxed
but a user fee be established. This would provide additional revenue. A
sliding scale, based on trafflc count, could be Initiated for each of the
billboard faces.
Jim Walters, 932 Duke of Suffolk Drive, Phone: 481-2832. Mr. Walters spoke In
OPPOSITION to cuts lnvolvlng several units of the Police Department.
There being no other speakers, Vice Mayor Fentress CLOSED the PUBLIC HEARING.
- 12 -
Item III-I.l.
FY 1991-1992 OPERATING BUDGET
ADD-ON ITEM # 34375
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
DIRECTED:
The working hours of City Employees shall remain
the same until such time as the City Manager
advises City Council of the need for an alteration
of these hours.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Brazier's letter of May 2, 1991, is hereby
made a part of the record.
"Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
Cit@ C>f
JAMES W. BRAZIER, JR, 3200 LYNNHAVEN DRIVE, #302
COUNCILMAN LYNNHAVEN BOFIOUGH VIRGINIA BEACH, VIRGINIA 23454
(W4) 481 WOO
May 2, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the City
Council discussion and vote on the FY92 proposed operating budget for the
City.
2. I am currently employed by the City of Virginia Beach as a police officer in
a position in the Commonwealth Attomey's Office.
3. As a City employee, I am a member of a group, i.e., City employees, the
members of which are affected by the transaction.
4. 1 wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Mrs. Ruth Hodges Smith -2- May 2, 1991
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Councilman
JWBjr/auj
Enclosure
@ity- C).f NTilr@i@i"
LESLIE L L LLEY MUN CIP-L CE@'E@
CITY ATTORNEY May 2, 1991 VIRG NIA BEA@ @A 13156 9W'
(80@) @21 4531
FAX (804) 426 5681
Councilman James W. Brazier, Jr.
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Brazier:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on tbe FY92 proposed operating budget
for the City which is scheduled for consideration at the May 7, 1991, meeting of the City
Council.
Summaiy Conclusion:
I am of the opinion that since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the transactions before a public body,
you do not have a personal interest in the transaction as defined by the Act. Thus, you
are permitted to participate in this matter without restriction. Notwithstanding this
conclusion, I have previously advised you by letter of July 2, 1990 (copy attached) to follow
the dictates of the Act in cases in which you wfll realize a reasonably foreseeable direct
or indirect benefit or liability.
The facts herein indicate that it is reasonably foreseeable that you may realize a
financial benefit or liability, depending upon the decisions made by the Council regarding
merit increases, cost of living adjustments, and the work-day schedule, which are part of
the budget. However, you are a member of a group which is affected by the transaction,
i.e., all City employees and, therefore, pursuant to the Act, you may participate in the
discussion and vote on the budget upon disclosure and a determination by you that you
can participate fairly, objectively, and in the public interest. For your information I have
outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose
your relationship and vote; I have also set forth the applicable provisions for abstention
set forth in SS 2.1-639.14(E), should you choose not to vote.
Councilman James W. Brazier, Jr. -2- May 2, 1991
1 base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Facts Presented:
Your request for an advisory opinion is generated by the City Council discussion
and vote on the City's proposed operating budget for FY92 which will be on the City
Council agenda on May 7, 1991. You advise that your concern with respect to the
transaction is that you are currently employed by the City of Virginia Beach as a police
officer, earning a salaiy in excess of $10,000 and you are assigned to the Commonwealth
Attorney's Office. You also are a Council member of the City of Virginia Beach, earning
a salary in excess of $10,000.
Issue:
Are you precluded ftom participating in the City Council discussion and vote on the
budget?
Discussion:
1. A12p]icable Definitions of SS2.1-639.2:
A. The City Council as the legislative branch of local government is a
"governmental agency" under the Act.
B. As an elected governmental official, you are an "officer" within the meaning
of the Act.
C. As an employee of the City, you are also an "employee" within the meaning of
the Act.
D. City Council's discussion and vote on the budget is a "transaction" as defined
by the Act. A "transaction" includes any matters considered by any governmental agency
on which official action is taken or contemplated.
E. "Business" is defined as a corporation, partnership, sole proprietorship, firm,
enterprise, franchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whether or not for profit. Neither the City nor the
City Council falls within the definition of a "business" under the Act.
Councilman James W. Brazier, Jr. -3- May 2, 1991
F. "Personal interest" is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family member. The interest exists by reason
of one of five categories specified therein as: 1) ownership in a business if the ownership
interest exceeds 3% of the total equity of the business 2) annual income from ownership
in real or personal property or a business in excess of $10,000.00 3) salary from the use
of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real
or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership
in a business, or salary 5) personal liability incurred or assumed on behalf of a business
which exceeds 3% of the asset value of the business. (Emphasis added).
G. A "personal interest in the transaction" exists when an officer or employee
or a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
(Emphasis added).
ii. AD12lication of Definitions:
A. Personal Interest
Based upon my review of the facts presented, you do not have a "personal interest"
as defined above, because you do not receive a salary from a "business." Instead, your
salary is paid by the City of Virginia Beach which is classified under the Act as a
governmental agency.
B. Personal Interest in the Transaction
You do not have a "personal interest", as defined above, therefore you cannot bave
a "personal interest in the transaction" under the definition of the Conflict of Interests Act.
III. Prohibitions and Disclosure Requirements
Based on the conclusion that you have no personal interest in the Council's
discussion and vote on the budget, it is my opinion that you are permitted to participate
in discussions of the City Council and vote on this item. As indicated in my letter to you
dated July 2, 1990, the Conflict of Interests Act does not anticipate the personal interests
of a legislator-employee regarding the transactions before the public body. However, while
you do not have a personal interest as defined by the Act, I advised that you follow the
dictates of the Act in cases where you personally will realize a financial benefit or liability
as an employee of the City.
Councilman James W. Brazier, Jr. -4- May 2, 1991
Council's discussion and vote on the proposed FY92 operating budget could
foreseeably result in a financial benefit or liability to you since you are a City employee.
Thus, it is my advice that you follow the dictates of the Act. Based on the fact that you
are a member of a group which is affected by the transaction, i.e., all City employees,
pursuant to the Act, you may participate in the discussion and vote on the budget upon
disclosure and a determination by you that you can participate fairly, objectively, and in
the public interest. (See SS 2.1-639.11(A)(2)). In the alternative, you may choose to
abstain from voting and disclose any interest. Either of these may diffuse any perception
problems that may arise. (See SS 2.1-639.14(E)).
Enclosed please find a written declaration form, should you decide to declare your
interest. This disclosure form is based on SS 2.1-639.14(G). This section provides that you
may either make this declaration orally, which is to be recorded in the written minutes of
the City Council, or you may file a signed written declaration with the Clerk of City
Council, who shall retain and make this document available for public inspection for a
period of five years from the date of recording or receipt.
If you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such
instances, the officer shall forthwith make disclosure of the existence of his interest and
his disclosure shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the types of influences upon a public
officer's or employee's judgment which are clearly improper. The law cannot, however,
protect against all appearances of improper influence. In that respect the Act places the
burden on the individual officer to evaluate whether the facts presented would present an
appearance of impropriety which is unacceptable or which would affect the confidence of
the public in the officer's ability to be impartial. I have opined that you may participate
in the transaction, without disclosure. However, you are a member of a group which is
affected by the transaction, i.e., all City employees and, therefore, pursuant to the Act, you
may participate in the discussion and vote on the budget upon disclosure and a
determination by you that you can participate fairly and objectively. For your information
I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to
disclose your relationship and vote; I have also set forth the applicable provisions for
abstention set forth in SS 2.1-639.14(E), should you choose not to vote.
Councilman James W. Brazier, Jr. -5- May 2, 1991
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lill,
City Attornl_y
LLL/EEF/a@
Enclosure
Seen pnd Concurred:
@.t
Cor
Cit@ c3f NTil-ggirai@
L ESL EL LILLEY MUNICIPAL CE.TER
C 'y ATTOHNEY VIRG NIA BEACH VA 23@56-9M@
(804) 427 4531
(50@) 426 5681
May 2, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the City
Council discussion and vote on the FY92 proposed operating budget for the
City.
2. 1 am currently employed by the City of Virginia Beach as a police officer in
a position in the Sheriff's Office.
3. As a City employee, I am a member of a group, i.e., City employees, the
members of which are affected by the transaction.
4. 1 wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Mrs. Ruth Hodges Smith -2- May 2, 1991
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Paul Lanteigne
Councilman
PL/awj
Enclosure
L FSL EL LILLEY UN C PAL CENTER
C @l ATT,9@LY May 2, 1991 1 BEACH IA 231@6 9004
(80@) @@, 153,
FAX (80@) 426 5687
Councilman Paul Lanteigne
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Lanteigne:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on the FY92 proposed operating budget
for the City which is scheduled for consideration at the May 7, 1991, meeting of the City
Council.
Summaiy Conclusion:
I am of the opinion that since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the transactions before a public body,
you do Dot have a personal interest in the transaction as defined by the Act. Thus, you
are permitted to participate in this matter without restriction. Notwithstanding this
conclusion, I have previously advised you by letter of July 2, 1990 (copy attached) to follow
the dictates of the Act in cases in which you will realize a reasonably foreseeable direct
or indirect benefit or liability.
The facts herein iddicate that it is reasonably foreseeable that you may realize a
financial benefit or liability, depending upon the decisions made by the Council regarding
merit increases, cost of living adjustments, and the work-day schedule, which are part of
the budget. However, you are a member of a group which is affected by the tradsaction,
i.e., all City employees and, therefore, pursuant to the Act, you may participate in the
discussion and vote on the budget upon disclosure and a determination by you that you
can participate fairly, objectively, and in tbe public interest. For your information I have
outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose
your relationship and vote; I have also set forth the applicable provisions for abstention
set forth in SS 2.1-639.14(E), should you choose not to vote.
Councilman Paul Lanteigne -2- May 2, 1991
1 base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Facts Presented:
Your request for an advisory opinion is generated by the City Council discussion
and vote on the City's proposed operating budget for FY92 which will be on the City
Council agenda on May 7, 1991. You advise that your concem with respect to the
transaction is that you are currently employed by the Cit7y of Virginia Beach as a police
officer, earning a salary in excess of $10,000 and you are assigned to the Sheriffs Office.
You also are a Council member of the City of Virginia Beach, earning a salary in excess
of $10,000.
Issue:
Are you precluded from participating in the City Council discussion and vote on the
budget?
Discussion:
1. @12licable Definitions of SS2.1-639.2:
A. The City Council as the legislative branch of local government is a
..governmental agency" under the Act.
B. As an elected governmental official, you are an "officer" within the meaning
of the Act.
C. As an employee of the City, you are also an "employee" within the meaning of
the Act.
D. City Council's discussion and vote on the budget is a "transaction" as defined
by the Act. A "transaction" includes any matters considered by any governmental agency
on which official action is taken or contemplated.
E. "Business" is defined as a corporation, partnership, sole proprietorship, firm,
enterprise, franchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whether or not for profit. Neither the City nor the
City Council falls within the definition of a "business" under the Act.
Councilman Paul Lanteigne -3- May 2, 1991
F. "Personal interest" is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family member. The interest exists by reason
of one of five categories specified therein as: 1) ownership in a business if the ownership
interest exceeds 3% of the total equity of the business 2) annual income from ownership
in real or personal property or a business in excess of $10,000.00 3) salary from the use
of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real
or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership
in a business, or salaiy 5) personal liability incurred or assumed on behalf of a business
which exceeds 3% of the asset value of the business. (Emphasis added).
G. A "personal interest in the transaction" exists when an officer or employee
or a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
(Emphasis added).
ii. Api2lication of Definitions:
A. Personal Interest
Based upon my review of the facts presented, you do not have a "personal interest"
as defined above, because you do not receive a salary from a "business." Instead, your
salary is paid by the City of Virginia Beach which is classified under the Act as a
governmental agency.
B. Personal Interest in the Transaction
You do not have a "personal interest", as defined above, therefore you cannot have
a "personal interest in the transaction" under the definition of the Conflict of Interests Act.
111. Prohibitions and Disclosure Requirements
Based on the conclusion that you have no persodal interest in the Council's
discussion and vote on the budget, it is my opinion that you are permitted to participate
in discussions of the City Council and vote on this item. As indicated in my letter to you
dated July 2, 1990, the Conflict of Interests Act does not anticipate the personal interests
of a legislator-employee regarding the transactions before the public body. However, while
you do not have a personal interest as defined by the Act, I advised that you follow the
dictates of the Act in cases where you personally will realize a financial benefit or liability
as an employee of the City.
Councilman Paul Lanteigne -4- May 2, 1991
Council's discussion and vote on the proposed FY92 operating budget could
foreseeably result in a financial benefit or liability to you since you are a City employee.
Thus, it is my a&ice that you follow the dictates of the Act. Based on the fact that you
are a member of a group which is affected by the transaction, i.e., all City employees,
pursuant to the Act, you may participate in the discussion and vote on the budget upon
disclosure and a determination by you that you can participate fairly, objectively, and in
the public interest. (See SS 2.1-639.11(A)(2)). In the alternative, you may choose to
abstain from voting and disclose any interest. Either of these may diffuse any perception
problems that may arise. (See SS 2.1-639.14(E)).
Enclosed please find a written declaration form, should you decide to declare your
interest. This disclosure form is based on SS 2.1-639.14(G). This section provides that you
may either make this declaration orally, which is to be recorded in the written minutes of
the City Council, or you may file a signed written declaration with the Clerk of City
Council, who shall retain and make this document available for public inspection for a
period of five years from the date of recording or receipt.
If you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such
instances, the officer shall forthwith make disclosure of the existence of his interest and
his disclosure shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the types of influences upon a public
officer's or employee's judgment which are clearly improper. The law cannot, however,
protect against all appearances of improper influence. In that respect the Act places the
burden on the individual officer to evaluate whether the facts presented would present an
appearance of impropriety which is unacceptable or which would affect the confidence of
the public in the officer's ability to be impartial. I have opined that you may participate
in the transaction, without disclosure. However, you are a member of a group which is
affected by the transaction, i.e., all City employees and, therefore, pursuant to the Act, you
may participate in the discussion and vote on the budget upon disclosure and a
determination by you that you can participate fairly and objectively. For your information
I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to
disclose your relationship and vote; I have also set forth the applicable provisions for
abstention set forth in SS 2.1-639.14(E), should you choose not to vote.
Councilman Paul Lanteigne -5- May 2, 1991
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lil
City Attorne
LLL/EEF/avj
Enclosure
SeeD and Concurred:
@ol
Cor
@it@ (::>f
LESLIEL.LILLEY MUNICIPAL CENTER
Cl@ A@ORNEY VIRGINIA BEACH, VA 23456 @
(8N) 427@531
July 2, 1990
Councilman Paul Lanteigne
Municipal Center
Virginia Beach, Virginia 23456
Dear Mr. Lanteigne:
1 P-m writing to advise you of certain parameters governing
the application of the Conflict of Interests Act (the Act) which
may arise as a result of your salary as a City employee and your
responsibilities of voting as a Ccuncil Member.
While the Act recognizes the situation of an employee of a
governmental agency beccming a member of its legislative body, it
does not appear that the Act anticipates the personal interests of
a legislator-employee regarding the transactions befcre the public
bcdy. Specifically, the definition of personal iriterest in the Act
refers to financial benefit or liability accruing to an officer or
employee or a member of his immediate family as a result of five
enumerated criteria, the one most generally applicable being salary
in excess of $10,000.00 paid by a business. Absent this criteria,
no personal interest is established under the Act, and a personal
interest is a threshold finding in determining your permitted or
prohibited actions.
since your salary comes from a governmental agency, under the
Act, an argument can be made that you do not receive income from
a business and, thus, do not have a personal interest in any matter
before the public body, including your personal salary. As you can
see, this interpretation would lead to a result inconsistent with
the intent of the Act.
On the other hand, if the term usiness is defined to include
a municipal corporation, you, as well as every other member of the
Council by virtue of your salary, would have a personal interest
with respect to essentially every transaction Council considers.
This would create a constant disclosure situation which also is
inapposite to the intent of the Act.
councilman Paul Lanteigne -2- July 2, 1990
This leads me to the conclusion that in order to fulfill the
intent of the Act which is stated in SS 2.1-639.1 (copy attached)
and in keeping with the statutory provision that the Act be
liberally construed to accomplish its purpose, I offer the follow-
ing advice:
1. If a transaction before the City Council has
no financial benefit or liability accruing to
you and has no more affect on you than an any
member of the public at large, then you have
no interest and are not required to abstain or
disclose.
2. If a transaction comes before the City Council
where you will receive a financial benefit or
liability or it is reasonably foreseeable that
you will realize a benefit or detriment as an
employee of the City, then you should treat
the transaction as if a personal interest
exists and follow the dictates of the ACt in
disclosing and/or abstaining depending upon
the facts and circumstances
I have discussed this opinion with the Commonwealth's Attc)rney
and he agrees with this interpretation and course of action.
Very truly yours,
Leslie L. Lil
City Attorney
LLL/clb
CC: Robert Humphreys, Commonwealth's Attorney
s@ 2.1-639.1 STATE AND LOCAL GOVERNMENT CONFLICT SS 2.1-639.2
ARTICLE 1.
Policy, Definitions.
SS 2.1-639.I. Policy; application; construction. - The General Assembly
of Virginia, rccognizing that our system of representative government is
dependeiit in part upon (i) citizen legislativc members repre!senting fully the
public in the legislative process and (ii) its citizens maintaining the highest
trust iii thcir public oflicers and employees, finds and declares that the
citizens are entitled to be assured that the judgment of public officer and
eniployees will not be compromised or affected by inappropriate conflicts. To
that end and for the purpose of establishing a single body of law applicable to
all statc and local government officers and employees on the subject of conflict
of interests, the General Asseinbly enacbs this State and Local Government
Conflict of Intei-ests Act so tliat the staiidards of@ conduct of such officers and
employees may be uniform througliout tlie Conimonwealth.
This cliaptei- shall gupersedl all genei-al and special acts and charter
provision.9 wliich pui-poi-t to dezil %vith matters covei-ed by this chapter except
that the provision!i of@ SSSS 15.1-73.4, 15.1-486.1, and 15.1-491 and ordinances
adopted pursuant thei-eto shall i-eniain in force and effect.
This chaptei@ sliall be libei-ally cozistrued to accompli5h its purpose. (1987,
Sp. Sess., c. 1; 1990, c. 672.)
The 1990 d@l@t@d "..d" p,@ced-
i.g "15.1-,186. l" @.,l i.@.@,t@d ".,,d 15.1.,191" i.
2.1-639.2. Definitions. - As used in this chapter:
".4dvisory aleiicy" means any board, commission, committee or post which
does not exercise any sovei-ci&,n power or duty, but is appointed by a
goveriimental agency or off-icet- or is created by law for the purpose of making
studies or recominendatioiis, oi- advising or consulting with a governmental
agency.
"Business" means a corpot'ation, partnership, sole proprietorship, f-irm,
enterprise, fr@iiichise, associitioii, triist or foundatioii, or any other individual
or entity cari-ying oii @l I)Usitless of. 1)1.ofessioii, wliethei- or not for profit.
"Coliti.acL,, flicall@ ally agi-ceincill Lo wliicii a governmental agency is a
pai,ty, or any Lt.L;rceiiiciit oii beliall@ of a govei-nniciital agency which involves
the paymeiit ot' moiiey appropriated by tlie General Assembly or political
subdivision, whether or not such agreement is executed in the name of the
Commonwealth, or some political subdivision thereof. "Contract" includes a
subcoiitract only wheii Llic contract of wliicli it is a part is with the officer's or
employee's owii governmeiital agency.
"Employee" mcaiis all persons einployed by a governmental or advisory
agency, unless otherwise liniited by the context of its use.
"Financial iiistitutioii" nicans any bank, trust company, savings and loan
association, industrial loan association, consumer finance company, credit
union, bi-oker-dealer as defined in SS 13.1-501, or investment company or
advisor r,-@gistei-ed under the federal Investment Advisors Act or Investment
Compatiy Act of 1940.
"Governmental agency" means each component part of the legislative,
I executive or judicial bi-anches of state and local government, including each
office, department, autliority, post, commission, committee, and each institu-
tion or board created by law to exercise some regulatory or sovereign power or
duty as distinguished from purely advisory power.9 or duties.
151
- 13 -
Item III-I.I.a
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34376
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council APPROVED, upon FIRST READING:
Ordinance, establishing the tax levy on real estate
for Tax Fiscal Year 1992, at $1.09 per $100
assessed value.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.*", Paul J. Lanteigne"", Reba S.
McClanan*4@ and Nancy K. Parker**
Council Members Absent:
Mayor Meyera E. Oberndorf
**Verbal Nay
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Brazier's letter of May 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE ESTABLISHING THE TAX LEVY
2 ON REAL ESTATE FOR TAX FISCAL YEAR 1992
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
5 There shall be levied and collected for fiscal year 1992 taxes for general purposes on all real
6 estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one
7 dollar and ihfee and two tenihs- nine cents ($1.032 on each one hundred dollars ($100) of
8 assessed valuation thereof. The real property tax rates which have been prescribed In this section shall
9 be applied on the basis of one hundred percentum of the fair market value of such real properly except
10 for public service real properly which shall be on the basis as provided in Section 58.1-2604 of the Code
1 1 of Virginia, as amended.
12 Section 2. AMOUNT OF LEVY ON @CERTIFIED POLLUTION CONTROL EQUIPMENT AND
13 FACILITIES" CLASSIFIED AS REAL ESTATE.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall
15 be levied and collected for general purposes for fiscal year 1992, taxes on all real estate certified by the
16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from
17 taxation, at the rate of one dollar and three and two ienihs nine cents ($!.()82 @09 on each one
18 hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section
19 shall be applied on the basis of one hundred percentum of fair market value of such real property.
20 Section 3. CON$TITUTIONALITY.
21 That if any pan or parts, section or sections, sentences, clause, or phrase of this Ordinance is
22 for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the
23 remaining portion of this Ordinance.
24 Section 4. EFFECTIVE DATE.
25 This Ordinance shall be in effect from and after the date of its adoption.
26 First Reading: May 7, 1991
27 Second Reading:
28 Adopted by the Council of the city of Virginia Beach, Virginia on the - day of _, 1991.
- 14 -
Ttem IIT-T.I.b
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34377
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council APPROVED, upon FIRST READING:
Ordinance establishing the tax levy on personal
property, machinery and tools for the Calendar Year
1992 at $3.80 per $100 assessed value.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.**, Paul J. Lanteigne** and Nancy
K. Parker*"
Council Members Absent:
Mayor Meyera E. Oberndorf
**Verbal Nay
*Councilman Brazier DISCLK)SED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Brazier's letter of May 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON
2 PERSONAL PROPERTY AND MACHINERY AND TOOLS
3 FOR THE CALENDAR YEAR 1992.
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
6 In accordance wfth Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there
7 shall be levied and collected for general purposes for the calendar year 1992, taxes on all tangible
8 personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate
9 of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
10 thereof.
1 1 In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain
12 household goods and personal effects as defined therein shall be exempt from taxation.
13 Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPER-
14 TY USED AS MOBILE HOMES.
15 In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there
16 shall be levied and collected for general purposes for the calendar year 1992 taxes on all vehicles
17 without motor power used or designated to be used as mobile homes, at the rate of one dollar and
18 and two tenihs nine cents ($1.082 on each one hundred dollars ($100) of assessed valuation
19 thereof.
20 Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TON$ OR
21 MORE.
22 In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there
23 shall be levied and collected for general purposes for the calendar year 1992 taxes on all boats or
24 watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one
25 hundred dollars ($100) of assessed valuation thereof.
26 Section 4. AMO NT OF LEVY ON 'CERTIFIED POLLUTIO NTR L EQUIPMENT AND
27 FACILITIES' CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
28 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall
29 be levied and collected for general purposes for the r-alendar year 1992 taxes on all tangible personal
30 property certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facili-
31 ties" not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred
32 dollars ($100) of assessed valuation thereof.
33 Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND
34 FARM LIVESTOCK- INCLUDING ALL HORSES. POULTRY. AND GRAINS AND FEEDS USED FOR THE
35 NURTURE OF FARM LIVESTOCK AND POULTRY.
36 In accordance with Section 58.1-3505 of the Code of Virginia (1950), as amended, there shall be
37 levied and collected for general purposes for the calendar year 1992 taxes on all farm machinery and
38 implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for
39 the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($I) on each
40 one hundred dollars ($100) of assessed valuation thereof.
41 Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
42 In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be
43 levied and collected for general purposes for the calendar year 1992 taxes on machinery and tools, not
44 exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($1 00) of assessed
45 valuation thereof.
46 Section 7. AMOUNT OF LEVY ON AIRCRAFR.
47 In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there
48 shall be levied and collected for general purposes for the calendar year 1992 taxes on all aircraft at the
49 rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
50 thereof.
51 Section 8. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES.
52 In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there
53 shall be levied and collected for general purposes for the calendar year 1992 taxes on all antique
54 automobiles at the rate of three dollars and eighty cents ($3.80) on e-ach one hundred dollars ($100) of
55 assessed valuation thereof.
56 Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
57 In accordance wfth Section 58.1-3506 (A) (6) of the Code of Virginia (i 950), as amended, there
58 shall be levied and collected for general purposes for the calendar year 1992 taxes on all heavy
59 construction equipment at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars
60 ($100) of assessed valuation thereof.
61 Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE
62 PERSONAL PROPERTY.
63 In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there
64 shall be levied and collected for general purposes for the calendar year 1992 taxes on all research and
65 development tangible personal property, not exempt from taxation, at the rate of one dollar ($l) on each
66 one hundred dollars ($100) of assessed valuation thereof.
67 Section I 1. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
68 In accordance with Section 58.1-3506 (A) (7) of the Code of Virginia (i 950), as amended, there
69 shall be levied and collected for general purposes for the calendar year 1992 taxes on all energy
70 conversion equipment at the rate of one dollar ($l) on each one hundred d<)Ilars ($1 00) of assessed
71 valuation thereof.
72 Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
73 In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there
74 shall be levied and collected for general purposes for the calendar year 1992 taxes on all computer
75 hardware used by businesses primarily engaged in providing data processing services to other
76 nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars and eighty
77 cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
78 Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOAT$ AND WATERCRA-
79 FT USED FOR RECREATIONAL PURPOSES ONLY.
80 in accordance wfth Section 58.1-3506 (A)(10) of the Code of Virginia (1950), as amended, there
81 shall be levied and collected for general purposes for the calendar year 1992 taxes on all privately
82 owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and
83 fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof.
84 Section 14. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILER$ AND MOTOR
85 HOMES USED FOR RECREATIONAL PURPOSES ONLY.
86 In accordance with Section 58.1-3506(A) (1 4) of the Code of Virginia (1 950), as amended, there
87 shall be levied and collected for general purposes for the calendar year 1992, taxes on all privately
88 owned camping trailers and motor homes as defined in Section 46.2-1 00 of the Code of Virginia (1 950),
89 as amended, which are usld for recreational purposes only, at the rate of one dollar and fifty cents
90 ($1.50) on each one hundred dollars ($100.00) of assessed valuation thereof.
91 Section 15. ASSES$ED VALUE DETERMINATION.
92 In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal
93 property mentioned in the above sections shall be assessed at actual fair market value, to be determined
94 by the Commissioner of Revenue for the City of Virginia Beach.
95 Section 16. CONSTITUTIONALITY.
96 That if any part or parts, section or sections, sentences, clause, or phrase of this ordinance is for
97 any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the
98 remaining ponions of this ordinance.
99 Section 17. EFFECTIVE DATE.
100 This ordinance shall be in effect January 1, 1992.
101 First Reading: May7, 1991
102 Second Reading:
103 Adopted by the Council of the city of Virginia Beach, Virginia on the - day of -, 1991.
- 15 -
Item 111-1.1-c
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34378
Upon motion by Counci lman Heischober, seconded by Counci Iman Jones, City
Council APPROVED, upon FIRST READING, AS AMENDED:
Ordinance maklng APPROPRIATIONS for the Fiscal Year beginning July 1,
1991, and ending June 30, 1992, the sum of Six Hundred Forty-five
Million, Four Hundred Thirty-six Thousand, One Hundred Fifty-nine
Dollars ($645,163,244) ($645,436,159) for Operations and Two Hundred
Fifty-one Million, One Hundred Sixty-eight Thousand, Four Hundred
Fitty-seven Dollars ($251,168,457) in Interfund Transfers and
regulating the payment of money out of the City Treasury, as amended.
DIRECTED the City Manager to include and Implement the court
mediation program, truck weighlng and weights and measures.
DIRECTED the City Manager to provide for a Fifteen Dollar ($15.00)
per month Increase In the employer health Insurance contribution
effective January 1, 1992, for city and school employees trom within
existing total budgetary allocations.
DIRECTED that appropriations be shown In the final ordinance at the
departmental level.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.**, Paul J. Lantelgne**, Reba S.
McClanan** and Nancy K. Parker**
Councll Members Absent:
Mayor Meyera E. Oberndorf
**Verbal Nay
Codncilman Brazier voted Aye only on the portions related to Implementing the
court mediation program, truck weighing and weights & measures, as wel I as the
$15 a month health care increase to City employees effective January 1, 1991,
and directlng appropriations to be shown in the final ordlnance at the
department level.
Councilwoman Parker voted Aye only on School Budget but not the portions
related to Administration/Operations/Maintenance.
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer In a position In the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transactlon fairly, objectively and
In the public Interest. Councilman Brazier's letter of May 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer In a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
In the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
2 YEAR BEGINNING JULY 1, 1991 AND ENDING JUNE 30,1992,
3 IN THE SUM OF SIX HUNDRED FORTY-FIVE MILLION, FOUR
4 HUNDRED THIRTY-SIX THOUSAND, ONE HUNDRED FIFTY-NINE
5 DOLLARS ($645,436,159) FOR OPERATIONS AND TWO HUNDRED
6 FIFTY-ONE MILLION, ONE HUNDRED SIXTY-EIGHT THOUSAND,
7 FOUR HUNDRED FIFFY-SEVEN DOLLARS ($251,168,457) IN
8 INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF
9 MONEY OUT OF THE CITY TREASURY, AS AMENDED.
10 WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the
I 1 city for the fiscal year beginning July 1, 1991, and ending June 30, 1992, and ft is necessary to
12 appropriate sufficient funds to cover said budget.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 Section 1. That the amounts named aggregating EIGHT HUNDRED NINETY-SIX MILLION, SIX
16 HUNDRED FOUR THOUSAND, SIX HUNDRED SIXTEEN DOLLARS ($896,604,616) consisting of TWO
17 HUNDRED FIFTY-ONE MILLION, ONE HUNDRED SIXTY-EIGHT THOUSAND, FOUR HUNDRED FIFTY-
18 SEVEN DOLLARS ($251,168,457) in interfund transfers and SIX HUNDRED FORTY-FIVE MILLION, FOUR
19 HUNDRED THIRTY-SIX THOUSAND, ONE HUNDRED FIFTY-NINE DOLLARS ($645,436,159) for
20 operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year
21 1991-1992, are hereby appropriated subject to the conditions hereafter set forth, for the year 1991-1992,
22 for the use of the several departments and specially designated funds of the city government, and for the
23 purpose hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by
24 reference, for the fiscal year beginning July 1, 1991 and ending June 30, 1992 as follows:
GENERAL FUND
LEGISLATIVE DEPARTMENT:
M..i.1pal C ... @il $ 321,298
City Cl.@k 316,464
T.t.1 $ 637,762
EXECUTIVE DEPARTMENT:
City Man.g.@ $ 712,661
Citi..n Ser@ice.lPubli@ Iformati.. 798,179
Tot.1 $ 1,510,840
LAW DEPARTMENT
City Attor..y $ 1,601,751
FINANCE DEPARTMENT
C.m.is.io..@ f th. R.,@nu. $ 2,816,111
B.a@d of Eq@aliz.ti.. 16,057
R.al E.t.t. A ...... 1,475,156
Tr@a..@.@ 3,339,143
Di@.Ctor of Fi ... ce 4,013,663
T.tal $ 11,660,130
PERSONNEL DEPARTMENT
Pe@.o..el $ 1 , 8 29 , 17 9
JUDICIAL DEPARTMENT
Circ.it Court $ 434,106
Gen.r.1 Di.t@iCt C.urt 47,502
Juv.nile ..d Dom..tic R.latio.. Di.t@i@t Co.rt 32,844
P.blic Def..d.r 75,000
M.dic.1 Examin.r 9,213
Clerk of th. Circuit Court 389,487
M.gi.tr.t@. 14,944
C ... 0 .... lth'. Att.r..y 2,082,506
Sh.riff ..d C.rr.@ti... 8,235,377
J.v..il. Prob.tio. 1,037,808
Total $ 12,358,787
HEALTH DEPARTMENT:
Pr.v.ntiv. M.dici.e $ 1,694,235
Contractu.1 H..lth S.r,ic.. 414,641
P.r.o.al C.re Service. 83,536
OCC.P.tio..l H..Ith 332,886
Total $ 2,525,298
SOCIAL SERVICES DEPARTMENT:
Social S.rvic.. $ 15,862,348
POLICE DEPARTMENT:
Polic. $ 40,447,804
PUBLIC WORKS DEPARTMENT:
P.blic Work. $ 41,383,981
PARKS AND RECREATION:
Parks and Recreation $ 13,745,221
LIBRARY DEPARTMENT:
Library $ 7,727,645
PLANNING DEPARTMENT:
pl...i.g $ 1,625,361
AGRICULTURE DEPARTMENT:
Agricultur. $ 707,490
DEPARTMENT OF ECONOMIC DEVELOPMENT:
DireCtor of Econoi@ De@elopm.nt $ 1,090,248
DEPARTMENT OF GENERAL SERVICES:
G@n.r.1 S.rvic.. $ 18,387,656
BOARDS AND COMMISSIONS:
General Regi.trar $ 514,778
Z.ni.9 B.ard f App..l. 20,160
Art. ..d Hu ... itie. Co.mis.ion 303,359
Ma.. Tr.nsit OperationB 882,329
W.tl..ds Bo.rd f Virgi.i. B ... h 14,604
D.p.rtment Volunteer Cou.cil 30,922
Joint Cabl. C.nt.r 217,636
Total 1,983,788
it.M of Ekpbditur6
GENERAL FUND
NON-DEPARTMENTAL:
C..... ity O@g..i..tio. I .... ti,. G@..t. $ 303,359
E.pl.yee Sp.ci.1 B..efit. 393,630
Re@ .... R.imb.@.....t. 910,363
R.gi ... 1 Parti.ip.tion 626,105
T.t.1 $ 2,233,457
FIRE DEPARTMENT:
Fire $ 18,000,892
DEPARTMENT OF PERMITS AND INSPECTIONS:
Per.it. and In.p..tion. $ 2,212,562
OFFICES:
E.ergen@y M.dical s.r@i@.. $ 1,191,521
Offi.. of Re ... @@h nd St@.t.gi@ A.@ly.i. 508,251
Office f Budget and E@.luation 769,936
R ... rt Progr... Offic. 560,711
Offi.. f En@ir.....t.1 M@nag ... nt 160,867
D.@elop..nt S.r@i@es Cent.r 582,5B4
Offic. f Intergo,.@n ... t.1 R.1@ti... 127,249
Total $ 3,901,119
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
Convention nd Visitor De@el.p ... t $ 6,328,166
HOUSING AND NEIGHBORHOOD PRESERVATION:
Housing nd N.ighborhood Pr..erv@ti.. $ 518,531
EDUCATION MAINFRAME SUPPORT:
School M.i.fr... Support $ 683,600
TRANSFERS:
Tr ... f.r. to Oth.r F.nd. $ 242,798,802
RESERVES:
ReServe for Co.tingen@i.. $ 359,163
TOTAL GENERAL FUND @ 452,121,581
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
S.h.ol Op@ratig Fund $ 292,008,280
GRANTS CONSOLIDATED FUND
JUDICIAL DEPARTMENT:
CDI92 Pre-Trial Progr.. $ 155,927
MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE:
Ment.1 He.Ith/M..t.1 R.t.rdation/substance Abuse 453,459
HOUSING AND NEIGHBORHOOD PRESERVATION:
S.ction 8 H ... i.g 158,744
RESERVES:
Reserve for Contingencies 20,759
TOTAL GRANTS CONSOLIDATED FUND $ 788,889
LAW LIBRARY FUND
LIBRARY DEPARTMENT
L.w Library $ 175,855
RESERVES:
R ... rve f.r C..ting.n@ie. 3,300
TOTAL LAW LIBRARY FUND $ 179,155
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
Pendleton Child Service Center $ 941,687
B dget
it.. f Ekp4Aait6ie i i 9 1
PENDLETON CHILD SERVICE CENTER FUND
RESERVES:
R ... @V. f.@ C..ti.g..Ci.. $ 21,366
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 963,053
COMMUNITY DEVELOPMENT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Administration nd H ... i.g 1,430,061
RESERVES:
Reser@e fo@ C..tig..@i.. 21,943
TRANSFERS:
Transfers t. Oth.r F..d. 135,966
TOTAL COMMUNITY DEVELOPMENT FUND $ 1,587,970
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
JUDICIAL DEPARTMENT:
CD192-Cor. S.r,ic./C... M.nag.ment $ 312,561
RESERVES:
R..er@e f.r C.nting.nci.. 8,893
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $ 321,454
MR/MH/SA FUND
DEPARTMENT OF MENTAL HEALTH:
Me.t.1 He.Ith $ 11,015,245
CD RENTAL REHABILITATION GRANT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Rental Rehabilitation $ 108,000
CD LOAN AND GRANT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Lo... nd Grant6 $ 1,020,000
HOMELESS INTERVENTION FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Homel... Tntervention $ 179,296
WATER AND SEWER FUND
DEPARTMENT OF PTJBLIC UTILITIES
PUblic Utilities $ 34,107,409
REVENUE BOND DEBT SERVICE
R.@.... Bo.d. 12,051,904
RESERVES:
Reserve for C..ti.gecies 1,500,000
TRANSFERS:
Transfer t. Othe@ F.nds 6,724,293
TOTAL WATER AND SEWER FUND $ 54,383,606
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
Golf Co.r.e. $ 1,669,086
RESERVES:
R ... rv. for Co.ti.g..cie. 66,787
TRANSFERS:
Tr ... fers to oth.@ F..d. 394,627
TOTAL GOLF COURSE ENTERPRISE FUND $ 2,130,500
B dg @ @@@
it@M 6f EXpehditre 991 1992 -
MARINE SCIENCE MUSEUM ENTERPRISE FUND
OFFICES:
Virgi.i. Museu. f M@ri.@ Sci.nce $ 1,395,830
RESERVES:
R.a.rv. f.r C..ti.g..@i-- 83,629
TRANSFERS:
Tran.f.@. to oth.r F@.d. 659,352
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,136,811
RESORT PARKING ENTERPRISE FUND
PUBLIC WORKS DEPARTMENT:
Oceanfr..t P.@king 77,617
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
P.@king L.ts 34,366
TRANSFERS:
Tr...fers to Oth.@ Fund. 455,417
TOTAL RESORT PARKING ENTERPRISE FUND $ 567,400
GENERAL DEBT FUND
DEBT SERVICE
D.bt S.rvice $ 60,870,645
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fi@e Progr... $ 292,261
WATER AND SEWER CAPITAL PROJECTS FUND
DEPARTMENT OF PUBLIC UTILITIES
w.t.r nd S.@.r C.pit.1 Pr.je.t. $ 2,000,000
ENGINEERING AND HIGHWAYS CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
Highw.y C.pit@l Pr.ject. s 5,641,270
RESORT PROGRAM CAPITAL PROJECTS FUND
OFFICES:
Re..rt P@.gr.. Capital Projects $ 4,032,103
SCHOOL CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
School Capital Projects $ 2,262,426
PARKS AND RECREATION CAPITAL PROJECTS FUND
PARKS AND RECREATION DEPARTMENT:
P.@k. ..d R.C@..ti.. C.Pit.1 P@oject@ $ 1,742,671
BUILDINGS CAPITAL PROJECTS FUND
DEPARTMENT OF GENERAL SERVICES:
Building Capital Projects $ 250,000
TOTAL BUDGET $ 896,604,616
LESS: INTERFUND TRANSFERS (251,168,457)
NET BUDGET $ 645,436,159
25 Section 2. Subject to the provisions of Chapter 2, Anicle Ill, of the Virginia Beach City Code, the
26 salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the
27 maximum compensation to be paid for services rendered.
28 The total of permanent positions, shall be the maximum number of positions authorized for the
29 various departments of the city during said fiscal year except changes or additions authorized by the
30 Council and as hereinafter provided. The City Manager may from time to time increase or decrease the
31 number of temporary positions provided the aggregate amount expended for such services shall not
32 exceed the respective appropriations made therefor. With the exception of the education department,
33 the City Manager is authorized to make such rearrangements of positions within and between bureaus,
34 divisions, and departments named herein, as may best meet the uses and interests of the city.
35 Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city
36 by the Treasurer.
37 Section 4. All collections of local taxes levied shall be credited to the General Fund of the city.
38 Transfers shall be made from the General Fund to the respective specially designated funds for which a
39 levy is made in the respective amounts levied for each such specially designatld fund.
40 Section 5. AJI balances of the appropriations payable out of each fund of the City Treasury
41 unencumbered at the close of business for the fiscal year ending on the thirtieth (30th) day of June,
42 1992, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the
43 respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and
44 may be used for the payment of the appropriations which may be made in the appropriation ordinance
45 for the fiscal year beginning July 1, 1992. However, there shall be retained in the General Fund Balance,
46 an undesignated amount not less than the range of seventy4ive (75) to one hundred (100) percent of the
47 budget for cfty and school debt service payments for that fiscal year for contingencies and emergency
48 situations and not to be used to support appropriations approved in the ordinance for the fiscal year
49 beginning July 1, 1991, except upon subsequent authorization by City Council.
50 Section 6. No department or agency for which appropriations are made under the provisions of
51 this Ordinance shall exceed the amount of the appropriations except with consent and approval of the
52 City Council first being obtained, but it is expressly provided that the restrictions with respect to the
53 expenditure of the funds appropriated shall apply only to the totals for each operating appropriation unit
54 included in this Ordinance and does not apply to Interfund Transfers.
55 The City Manager or the Ass*siant G'ty Manager for Analysds and Eya'uateen those i)ersons
56 designated in writina by him, where a copy of such desianation is on file with the Director of Finance_ is
57 hereby authorized to approve transfers for appropriations within any department or between departments
58 in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve
59 transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in
60 any single transaction except as herein provided. The City Manager may limit expenditures to the
61 classes of appropriations as set forth in the budget document or as required by the State Auditor of
62 Public Accounts if such requirements are different from the classes shown in the budget document. In
63 addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts
64 necessary, for salary or fringe benefit adjustments approved by City Council.
65 Section 7. Nothing in this section shall be construed as authorizing any reduction to be made In
66 the amount appropriated In this Ordinance for the payment of Interest or bonds on the bonded debt of
67 the City Government or the fornier pe"t4ea' subdives'ems ef Vorg@n4a Beaeh and Pru
68 Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of
69 the cfty departments, bureaus, or agencies, to any of their officers and employees for expenses on
70 account of the use by such officers and employees of their personal automobiles in the discharge of
71 their official duties shall not exceed twenty4our cents ($.24) per mile of actual travel for the first 15,000
72 miles and eleven cents ($.l 1) per mile for additional miles of such use within the fiscal year.
73 Section 9. All traveling expense accounts shall be submitted on forms approved by the Director
74 of Finance and according to regulations approved by the City Council. Each account shall show the
75 dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses,
76 meals, and incidental expenses. The Director of Finance is specifically directed to withhold the issuance
77 of checks in payment of expense accounts submitted for "lump-sum' amounts, including payments to
78 employees of the School Board.
79 Section 10. That this Ordinance shall be in effect from and after the date of its adoption.
80 Section 1 1. That if any part or parts, section or sections, sentences, clause, or phrase of this
81 Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the
82 validity of the remaining portions of this Ordinance.
83 First Reading: May 7, 1991
84 Second Reading:
85 Adopted by the Council of the city of Virginia Beach, Virginia, on the - day of -, 1991.
- 16 -
Item 111-I.l.d
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34379
Upon motion by Councilman Helschober, seconded by Councilman Jones, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 31-61 (a)
and (b) of the Code of the City of Virginia Beach,
Virginia, re charge for depositing solid waste.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
*Councllman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a pollce
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
In the public interest. Councilman Brazier's letter of May 2, 1991, Is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Vlrginia, he was currently employed by the City of Virginia Beach as a
police officer in a position In the Sheriff's Office. Councilman Lanteigne
declared he was able to participate In the transaction fairly, objectively and
In the public Interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
I AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61
2 SUBPARAGRAPHS (a) AND (b) OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO THE
4 CHARGE FOR DEPOSITING SOLID WASTE AT CITY
5 REFUSE DISPOSAL AREAS
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT
7 SECTION 31-61 SUBPARAGRAPHS (a) AND (b) ARE HEREBY AMENDED AND REORDAINED AS
8 FOLLOWS:
9 Section 31-61 Use r
10 (a) There shall be a fee of twenty-nine dollars and fifty cents ($29-09 $29.50) per ton, or a
I 1 fourteen dollars and fifty seventy4ive cents ($14.59 $14.75) minimum charge for less than one ton, or any
12 part thereof, for all sanitary solid waste. refuse, debris or garbage generated solely within the city and
13 deposfted at the city refuse disposal areas; provided, however, that residents of the city depositing
14 sanitary solid waste, refuse, debris, or garbage generated solely from their households may deposit the
15 same free of charge.
16 (b) There shall be a fee of seventy4ive cents ($.75) per tire for cutting and disposing of tires at
17 the city refuse disposal areas.
18 This ordinance shall be effective on July 1, 1991.
19 Adopted by the Council of the city of Virginia Beach, Virginia on the 7 day of May 1991.
- 17 -
Item 111-I.l.e
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34380
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council ADOPTED:
Ordinance to ANEND and REORDAIN Section 1-12.1 of
the Code of the City of Virginia Beach, Virginia,
re assessing court costs for courthouse
construction, renovation or maintenance (Judicial
Center).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position In the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate In the transaction fairly, objectively and
In the pubilc Interest. Councilman Brazler's letter of May 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position In the Sheriff's Office. Councilman Lanteigne
declared he was able to participate In the transaction fairly, objectively and
In the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
I AN ORDINANCE TO AMEND AND REORDAIN SECTION 1-12.1
2 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 VIRGINIA PERTAINING TO ASSESSING COURT COSTS
4 FOR COURTHOUSE CONSTRUCTION, RENOVATION, OR
5 MAINTENANCE
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT
7 SECTION 1-12.1 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
8 Section 1-12.1.
9 A. As an addition to any other fees prescribed by law, the Clerks of the Circuft Court, General
10 District Court and the Juvenile and Domestic Relations District Court in each criminal and traffic case
1 1 shall charge and collect, as a part of the fees taxed as costs, a fee of two dollars ($2.00).
12 B. Each such clerk shall remit such fees to the Treasurer of the City of Virginia Beach.
13 C. The Treasurer shall hold such fees subject to disbursements authorized by city council for
14 the construction, renovation or maintenance of counhouse or jail facilkles and court-related facilities and
15 to defray increases in the cost of heating, cooling, electricity and ordinary maintenance.
16 D. :Fhe provisoons el th*s see!mon shall enpore on july 1, 1991.
17 Adopted by the Council of the City of Virginia Beach on the 7 day of @ay, 1991.
- 18 -
Item 111-1.1-f
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34381
Upon motion by Counci Iman Heischober, seconded by Counci lman Jones, City
Council ADOPTED:
Ordinance authorizing the City Manager to suspend
salary increases for employees eligible to receive
merits and promotions re Sections 2-109 and 2-110
of the Code of the City of Virginia Beach.
Voting; 8-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne** and Nancy K. Parker**
Council Members Absent:
Mayor Meyera E. Oberndorf
**Verbal Nay
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer In a position In the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate In the transaction fairly, objectively and
in the public Interest. Councilman Brazier's letter of May 2, 1991, ]s hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
In the public Interest. Councilman Lanteigne's letter of May 2, 1991, Is hereby
made a part of the record.
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUSPEND
2 SALARY INCREASES FOR EMPLOYEES ELIGIBLE TO RECEIVE
3 MERITS AND PROMOTIONS AS PER SECTIONS 2-109 AND 2-1 1 0
4 OF THE CODE OF THE CITY OF VIRGINIA BEACH
5 WHEREAS, Section 2-109(b) of the Virginia Beach Cky Code refers to variable merit increases,
6 whereby such Increase may range from a one (1) to three (3) step increment within the pay range of the
7 class to which the employee is assigned;
8 WHEREAS, Section 2-1 1 0 of the Virginia Beach Cfty Code refers to employee promotions, which
9 require an increase In salary to a minimum step for that new class (A step) or four (4) pay Increments
10 above the present range and step, whichever is grpater, as long as that increase shall not place the
I 1 employee at a pay step in the range of the new position higher than the pay step held in the range of the
12 former posftlon;
13 WHEREAS, the City Manager believes that, due to limited resources, such salary Increases will
14 need to be suspended for FY 1991-92;
15 WHEREAS, Section 2-87.1 of the Virginia Beach City Code authorizes the Cfty Council, by
16 ordinance, to suspend the award of merit increases and/or promotions at any time for a specific period
1 7 of time;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 That the City Manager is hereby authorized to suspend any and all awards of merit Increases
21 and promotions during FY 1991-92, as per Section 2-87.1 of the Virginia Beach City Code.
22 Adopted by the Council of the City of Virginia Beach on the 7 day OfMay, 1991.
- 19 -
Item 111-1.1.g
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34382
Upon motion by Councilman Heischober, seconded by Counci Iman Jones, City
Council ADOPTED:
Ordinance authorizing the City Manager to transfer
excess appropriatlons to Reserve for Contingencies
re use in funding unanticipated expenditures.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.**, Reba S. McCianan** and Nancy
K. Parker**
Council Members Absent:
Mayor Meyera E. Oberndorf
**Verbal Nay
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a pollce
officer In a position In the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate In the transaction fairly, objectively and
in the public Interest. Councilman Brazier's letter of May 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer In a position In the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
In the public Interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER
2 EXCESS APPROPRIATIONS DURING THE FISCAL YEAR
3 TO THE RESERVE FOR CONTINGENCIES
4 FOR USE IN FUNDING UNANTICIPATED EXPENDITURES
5 WHEREAS, in the current and prior fiscal years, the City Manager and the Assistant City
6 Manager for Analysis and Evaluation have been authorized to approve transfers for appropriations within
7 any department or between departments In an amount not to exceed $1 0,000 In any single transaction,
8 and have been further authorized to approve transfers and expenditures from the Reserve for Contin-
9 gencies in an amount not to exceed $10,000 in any single transaction except as provided within the
10 budget ordinance;
1 1 WHEREAS, for the fiscal year beginning July 1, 1991 and ending June 30, 1992, the City
12 Manager or those persons designated in wrking by him, where a copy of such designation is on file with
13 the Director of Finance, may be authorized to approve such transfers;
14 WHEREAS, the Reserve for Contingencies may require supplemental funding during the fiscal
15 year in order to cover additional unanticipated expenditures during the fiscal year;
16 WHEREAS, such supplemental funding may be available within existing appropriations in other
17 sections of the Operating Budget due to cost savings realized after incurring expenditures;
18 WHEREAS, transfer of such surplus appropriations to the Reserve for Contingencies would not
19 increase the total Operating Budget for the fiscal year;
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
21 BEACH, VIRGINIA:
22 That the City Manager Is hereby authorized to transfer any surplus appropriations to the Reserve
23 for Contingencies after all anticipated expenditures for which those funds were appropriated have been
24 Incurred.
25 Adopted by the Council of the City of Virginia Beach on the 7 day 0 a@y , 1991.
- 20 -
Item Ill-l.l.h
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34383
ADD-ON
Upon motion by Counci Iman Heischober, seconded by Counci Iman Jones, City
Council ADOPTED:
Ordinance authorizing the City Manager to collect
fees re court ordered mediation or supervised
visitation services provided by the Department of
@ial Services.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer In a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate In the transaction fairly, objectively and
In the public interest. Councilman Brazier's letter of May 2, 1991, Is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer In a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transactlon fairly, objectively and
In the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE TO ENABLE THE CITY MANAGER
2 TO COLLECT FEES FOR COURT ORDERED MEDIATION
3 OR SUPERVISED VISITATION SFRVICES PROVIDED BY
4 THE DEPARTMENT OF SOCIAL SERVICES
5 WHEREAS, The General Assembly of Virginia has amended and reenactl-d Section 16.1-274 of
6 the Code of Virginia to direct the court to assess a fee against the petitioner, the respondent, or both
7 when the court directs the Depanment of Social Services to conduct an investigation pursuant to Section
8 16.1-273 of the Code or to provide mediation services or supervised visitation;
9 WHEREAS, the fees assessed shall be set in accordance with regulations and fee schedules
10 established by the State Board of Social Services;
I 1 WHEREAS, the Virginia Beach Department of Social Services currently is directed by the courts
12 to provide these services to over three hundred families every year;
13 WHEREAS, Section 16.1-274 of the Code of Virginia directs that fees shall be paid to the
14 department of Social Services which performed the service.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17 That the City Manager be authorized to collect fees set in accordance with regulations and fee
18 schedules establishad by the State Board of Social Services for services described under section 16.1 -
19 274 of the Code of Virginia provided by the Virginia Beach Depanment of Social Services.
20 This ordinance shall be effective on July 1, 1991.
21 Adopted by the Council of the city of Virginia Beach, Virginia on the 7 day of Ma,ylggl.
- 21 -
Item III-I.l.i.
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34384
ADD-ON
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council ADOPTED:
Ordinance upon to AMEND and REORDAIN Section 21-207
of the Code of the City of Virginia Beach,
Virginia, re motor vehicles and traffic,
(liquidated damages for violation of weight limits,
etc).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
"Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Brazier's letter of May 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLK)SED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Lanteigne's letter of May 2, 1991, is hereby
made a part of the record.
Ap CO.NTRITS
'MOVED AS TO
@&tAATUIE
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 21-207 OF THE
3 CODE OF TUE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO (Zwf my
5 MOTOR VEHICLES AND TRAFFIC.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That Section 21-207 of the Codc of the City of Virginia Bcach, Virginizi, is hereby
9 amended ind reordained to read as follows:
10 Section 21-207. Liquidated damages for violation of weight limits; storage, disposition,
11 etc., of vehicle and cargo involved in weight violation.
12 (a) Any person violiting any weight limit as provided by this chapter or in @iny permit
13 issued either by the Virginia Department of Transportation or by the city manager pursuant to
14 this code shall be assessed liquidated damages. The amount of those damagcs shall be two cents
15 ($.02) per pound for each pound of excess weight over the prescribed limit in this article for an
16 excess which does not cxceed 5,000 pounds, five cents ($.05) per pound for ciich poun(i of excess
17 weight over the prescribcd limit in this article when such excess is more than 5,000 pounds, two
is ccnts ($.02) per pound for each pound of excess axle weight over thc prcscribed limit in iiny
19 perniit issued pursuant to SS 46.2-1139 or SS 46.2-1148 of the Code of Virginia when the excess is
20 5,000 pounds or less, five cents ($.05) per pound for each pound of excess axle weight ovcr the
21 prcscribcd limit iii iny pcrmil issues pursuant to SS 46.2-1139 or SS 46.2-1148 of the Code of
22 Virginia, when such excess is more than 5,000 pounds and ten cents ($.10) per pound for eacli
23 pound of cxcess gross weight ovcr the prescribed limit in any permit issucd pursuant to SS 46.2-
24 1139 or SS 46.2-1148 of tlic Code of Virginia. Howcver, whenever any vehicle docs not excecd the
25 gross weiglit pcrmitted according to the table provided in SS 46.2-1139 of the Code of Virginia, ,ind
26 cxceecis tlie itxic weight iii this article by 2,000 pounds or less, the liquidited dimages shall be
27 ,isscssed in the amount of one cent ($.01) per pound for cach pound of cxcess weight over the
28 prescribed axle limit in this article. If a person has no prior violations under the motor vehicle
29 weight laws, and the excess wcight does not excecd 2,500 pounds, the @encral d;stric! cc)u,,t mly
10 wiiivc the liquidated (i@images ag@iinst such person. ]=-XcQpt as PrON,idcd 8 of -hc-
31 Cocic of @Sucli assessment shall be entered by the court or by the department iis t
32 judgment for tbe - @t , the entry of which shall constitute a lien upon the
33 ovel-weight vehicle. Exccpi as f)@g,,idGd @ll 3z A,, ') I I'IQ -F r'-,,- -r &Such sums shall
34 be piici to the court or collcctcd by the city attorney and forwarded to the city treasurer and
35 alloc@ited to the fund appropriatcd for the construclion and mainteniince of city highwilys.
36 (b) The charge hereinabove specii7ied shall bc in addition to any other liability which may
37 be legally flxed against such owner or operator of the vehicle in question for damage to a highway
38 or bridge attributable to such weight violation.
39 (c) Any officer authorized to make arrests and weigh vehicles under the provisions of this
40 article may for a period of twenty-t@our (24) hours without a court order and thcrciftcr upon @l
41 writteii or(ler of the court eithcr before or ,iftcr conviction liold the vchiclc involveci iii an
42 ovct-weight violation, provided the same is not registered with tlie division, until the amount
43 asscsscd as provided in this section, if after conviction, or subjcct Lo bc assessed, if before
44 conviction, together with the cost of holding or storing the vehicle, be paid, or until a bond by or
45 on bch@ilf of the offcnding person is given for payment is thc court may dircct of thc amount
46 asscssc(i or to bc assessed witli surety approved by thc court ()r its clerk.
47 (d) In the event the amount assessed as provided in this section is not paid or bond is not
48 given as provided hereinabove, the vehicle in the overweight violation shall be stored in place of
49 security, as may be designated by the owncr or operator of the vehicle. If no placc is so
50 dcsignated, the officer making the arrest shiill designate the place of storage. The owner or
51 operator shall bc affordcd the right of unloading and removing the cargo from such vehicle. The
52 risk ind cost of such storage shall be bornc by the owner or operator of such vehicle.
53 (e) If within sixty (60) days from the time of the conviction for the overweight violation,
54 the ol*fcnding party does not piiy the assessment imposed pursuant to this section, togcther with
55 tlie cost of storing such vehicle ind cargo, and if the cargo is not rcmoved Is provided in this
56 section, the vehicle iind cargo shall be forfeited to the city and sold to satisfy the assessment iinci
57 cost of storiige.
58 (t) The police department is hereby vested with the same powers with respect to the
59 enforccment of this scction as it hts with respect to the cnforcement of the criminal laws of the
60 state zind the crimin@il provisions of this Code.
61 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of
62 May 1991.
63 CA-4151
64 \ordin\proposed\21-206&7.pro
65 R-2
2
- 22 -
Item III-I.2
ORDINANCES ITEM # 34385
Alice S. Mullen, 615 High Point, Phone: 428-2805. Mrs. Mullen referenced
concerns with Page 14, Section 4.09 of said Ordinance
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION.
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED*:
Ordinance granting a FRANCHISE to Cox Cable
Virginia Beach, Inc. to construct; operate and
maintain a cable television system; provide for
regulations and use; and, prescribing penalties for
violation of the provisions within the City.
*Ordinance Document, being 140 pages and bound, is hereby made a part of the
record and not the proceedings. A corrected Page 96 is hereby incorporated in
the record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
b-
I
CITY OF VIRGINIA BEACH
CABLE TELEVISION FRANCHISE ORDINANCE
FOR COX CABLE VIRGINIA BEACH, INC.
i
N,C'rL. MAY @, lqql
4DOpf-FI) 13y CITI/ COO
TABLE OF CONTENTS
SECTION 1. STATEMENT OF INTENT AND PURPOSE.
1.01 Statement of Intent and Purpose
1.02 Award Fee and Franchising Costs
SECTION 2. SHORT TITLE
SECTION 3. DEFINITIONS
SECTION 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS
4.01 Grant of Franchise
4.02 Criteria of selection
4.03 Authority for Use of Streets
4.04 Franchise Term
4.05 Area Covered
4.06 Police Powers
4.07 Use of Grantee and Grantor
Faci Iities
4.08 Written Notice
4.09 Franchise Non-Exclusive
SECTION 5. DESIGN PROVISIONS
5.01 System Design
5.02 Two-Way System
5.03 Interconnection
5.04 Provision of Service
5.05 Technical Standards
5.06 Testing
5.07 Test and Compliance Procedures
SECTION 6. SERVICE PROVISIONS
6.01 Lifeline Basic Service
6.02 Additional Services
- i -
6.03 Pay Television
6.04 Programming Decisions
6.05 Emergency Alert System
6.06 Service to Public Facilities
6.07 Institutional Network
6.08 Local Origination Public Forum and
Access Channels
6.09 Handicapped Services
SECTION 7. CONSTRUCTION PROVISIONS
7.01 Construction Timetable
7.02 Construction Delay
7.03 Construction Progress Reports
7.04 Construction Standards
7.05 Construction of Facilities
7.06 Repair of Streets and Property
7.07 Use of Existing Poles
7.08 Undergrounding of Cable
7.09 Reservation of Street Rights
7.10 Trimming of Trees
7.11 Street Vacation or Abandonment
7.12 movement of Facilities
SECTION 8. OPERATION AND REPORTING PROVISIONS
8.01 Financial Books and Records
8.02 Communications with Regulatory Agencies
8.03 Annual Report
8.04 Additional Reports
8.05 Mapping
- i i -
8.06 Annual Evaluation Sessions
8.07 Renegotiation Sessions
SECTION 9. CONSUMER PROTECTION PROVISIONS
9.01 Approval of Rate Changes
9.02 Rate Changes
9 .0 3 Sub sc ri be r COMPI ai nt Practices
9.04 Subscriber Service Information
9.05 Notice of Changes
9.06 Subscriber Billing Practices
9.07 Rebate Policy
9.08 Annual Subscriber Survey
9.09 Interruption of Service
SECTION 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS
10.01 Payment to Grantor
10.02 Performance Bond
10.03 Letter of Credit
10.04 Penalties from Letter of Credit
10.05 Procedure for imposition of Penalties
1 0 . 0 6 Damages and Defenses
10.07 Insurance
10.08 Grantor's Right to Revoke
10.09 Procedures for Revocation
SECTION 11. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT
11.01 Foreclosure
11.02 Receivership
11.03 Abandonment
SECTION 12. REMOVAL, TRANSFER AND PURCHASE
12.01 Removal After Expiration and
Non-Renewal, or Revocation
12.02 Sale or Transfer of Franchise
12.03 Grantor's Right to Purchase the
System
12.04 Purchase by Grantor Upon Expiration
and Non-Renewal, or Revocation
SECTION 13. RIGHTS OF INDIVIDUALS PROTECTED
13.01 Discriminatory Practices Prohibited
13.02 Subscriber Privacy
SECTION 14. MISCELLANEOUS PROVISIONS
14.01 Compliance with Laws
14.02 Franchise Renewal
1 4 . 0 3 Continuity of Service Mandatory
14.04 Work Performed by Others
14.05 Compliance with Federal, State and
Local Laws
14.06 Nonenforcement by Grantor
14.07 Administration of Franchise
14.08 No Recourse Against the Grantor
14.09 Rights Cumulative
14.10 Incorporation of Attachments
14.11 Miscellaneous Violations
14.12 Emergency Use
1 4 .1 3 Captions
14.14 Calculation of Time
14.15 Confidentiality
1 4 .1 6 Force Majeure
-iv-
I
SECTION 15. EFFECTIVE DATE AND TIME OF ACCEPTANCE
15.01 Effective Date
15.02 Acceptance
Exhibits A-I
-V-
1 ORDINANCE NO. 91-2061H
2 VIRGINIA BEACH,
3 AN ORDINANCE GRANTING A FRANCHISE TO COX CABLE ABLE TELEVISION
4 INC. TO CONSTRUCT, OPERATE AND MAINTAIN A C
5 SYSTEM IN THE CITY OF VIRGINIA BEACH, VIRGINIA; SETTING FORTH
6 CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING
7 FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES
8 FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE.
9
1 0
11 PREAMBLE
12 ch, Virginia does
1 3 The City of Virginia Bea
14 ordain that it is in the public interest to
15 permit the use of public rights-of-way and
1 6 easements for the construction, maintenance,
17 and operation of a cable television system
18 under the terms of this Franchise; said
19 public purpose being specifically the
20 enhancement of communications for the City.
21
22 SECTION 1. STATEMENT OF INTENT AND PURPOSE.
23 1 . 01 Statement of Intent and Purpose. Grantor
24 intends, by the adoption of this Ordinance, to bring about
25 the development and operation of a cable television
26 system. This development can contribute significantly to
27 the communications needs and desires of many individuals,
28 associations and institutions.
29 1.02 Award Fee and Franchising Costs. Grantee shall
30 reimburse Grantor for certain reasonable costs, including
31 attorneys' fees, consultants' fees, and publication fees,
32 not to exceed twenty thousand dollars ($20,000). plus one
33 half of said costs up to the next twenty thousand dollars
34 ($20,000) (for a total maximum reimbursement of thirty
35 thousand dollars $3 0 00 0) expended in the soliciting,
36 processing and awarding of the Franchise. Payment shall
37 be made by Grantee in accordance with the provisions of
38 Section 15.02 hereof.
I
SECTION 15. EFFECTIVE DATE AND TIME OF ACCEPTANCE
15.01 Effective Date
15.02 Acceptance
Exhibits A-I
-V-
1 SECTION 2. SHORT TITLE.
2 This ordinance shall be known and cited as the "City
3 of Virginia Beach Cable Television Franchise Ordinance for
4 Cox Cable Virginia Beach, Inc." Within this document it
5 shal 1 al so be referred to as "th i sFranchise" or "the
6 Franchise".
2 -
I
1 SECTION 3. DEFINITIONS.
2 For the purpose of this Franchise, the following
3 terms, ph rases , words and the i r de ri vati ons shall have the
4 meaning given here in. When not inconsistent with the
5 context, words used i n the present tense i ncl ude the
6 future tense, words i n the pl u ral number i ncl ude the
7 singular number and words in the singular number include
8 the plural number. The words "shal I and "wi I 1 are
9 mandatory and "may i s permissive. Words not def i ned
10 shall be given their common and ordinary meaning.
I 1 3.01 "Cable Mi 1 e" means a mile of cable-bearing
12 strand, trench or conduit.
1 3 3 .02 "Channel " means a f requency band of some wi dth ,
1 4 which i s capable of carrying either one standard video
15 signal , a number of audio, di gi tal or other non-vi deo
16 signals, or some combination of such signals.
1 7 3 . 0 3 "City" means the incorporated geographical area
18 under the jurisdiction of the Grantor.
19 3.04 "City Council" means the governing body of the
20 City of Virginia Beach, Virginia.
21 3.05 "Commercial Entity" means any association, firm,
22 corporation, partnership or other legally-recognized
23 entity whether for profit or not for profit, located in
24 the City.
25 3.06 'Complaint" means any letter sent or call made by
26 Subscriber to Grantor or Grantee alleging or asserting
27 signal interruption, poor picture quality,
- 3 -
I dissatisfication over programming content, dissatisfaction
2 over business practices, or dissatisfaction over
3 construction or maintenance of the System. It shall not
4 include any expression of dissatisfaction with any action
5 of Grantee whi ch i s authorized by this Franchise, or
6 appl icabl e state or federal Law. The term "Complaint"
7 shall not include an inquiry which is immediately answered
8 by Grantee to the apparent satisfaction of the complaining
9 party.
10 3.07 "Converter" means an electronic device which
11 converts signals to a frequency not susceptible to
12 interference within the TV receiver of a Subscriber and by
13 which an appropriate channel selector also permits a
14 Subscriber to view all s i g n a 1 sdelivered at designated
15 converter dial locations.
16 3 . 08 "Drop .. means the cable that connects the
17 Subscriber terminal to the nearest feeder cable of the
18 System.
19 3.09 "FCC .1 means the Federal Communications Commission
20 or a designated representative.
21 3.10 "Grantee" means Cox Cable Virginia Beach, Inc., a
22 subsidiary of Cox Cable Hampton Roads, Inc., its agents,
23 employees, lawful successors, transferees or assignees.
24 3.11 "Governmental Entity" means any federal, state or
25 local pol i ti cal body or governing unit, acti ng i n i t s
26 governmental capacity.
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6
1 3.12 "Grantor" means the City of Virginia Beach,
2 Virginia, a municipal corporation of the Commonwealth of
3 Virginia, its officers, employees, agents and assigns.
4 3.13 "Gross Revenues" means a 1 1 cash, credits,
5 property of any kind or nature, or other consideration
6 received directly or indirectly by Cox Cable Hampton
7 Roads, Inc. or Grantee, their affiliates, subsidiaries or
8 parents, or any other entity that owns or is owned by
9 Grantee, arising from or attributable to the conduct of
10 business from all sources of operation of the Cable System
11 within the City, including but not limited to:
12 ( a ) revenue from a 1 1 charges for services
13 provided to Subscribers of entertainment and
14 nonentertainment services (including leased access
15 fees);
16 ( b revenues from a 1 1 charges for 1 ocal
1 7 insertion of commercial advertisements upon the Cable
18 System;
19 ( c revenues from a 1 1 charges for the leased
20 use of studios;
21 ( d ) revenues from all charges for the
22 installation, connection and reinstatement of
23 equipment necessary for utilization of the Cable
24 System and the provision of Subscriber and other
25 services;
26 ( e ) the sale, exchange or use or cablecast- of
27 any programming developed for community use or
28 institutional users; and
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6
1 (f the value of any goods, services or other
2 remuneration in nonmonetary form, received by the
3 Grantee in consideration for any advertising or other
4 service arising from or attributable to the operation
5 of the Cable System.
6 Gross Revenues shall not include:
7 ( a ) sal es , exci se or other taxes or fees
8 collected by Grantee on behalf of any Governmental
9 Entity;
10 (b) charges for Subscriber service or other
11 revenue not actually received by Grantee; or
12 (c) revenues refunded or credited to
13 Subscribers.
14 For the purpose of this Section, the phrase "arising
15 from or attributable to the conduct of business from all
16 sources of operation of the Cable System" shall i ncl ude ,
17 but not be limited to:
18 ( a ) any activity, product or service which
19 generates revenue of any type whatsoever and which is
20 offered to the Subscribers of the System, or any
21 related service;
22 ( b any activity, product or service which is
23 revenue producing to Grantee and is offered to the
24 Subscribers of the System by a medium other than the
25 System, including, but not limited to, direct mail and
26 home delivery if the System's Subscriber list or any
27 portion thereof is utilized for purposes of
- 6 -
I solicl ta ti on, unl es s reaso nabl e cons i de ra ti on is paid
2 to the Grantee for such utilization; and
3 ( c ) any activity, product or service i n the
4 production or provision of which any of the assets of
5 the System, including, but not limited to, cabl e
6 production faci 1 i ties , and administrative facilities,
7 are included, unless reasonable consideration Is paid
8 to the Grantee for such utilization.
9 3 .1 4 "Installation" means the act of connecting the
10 System from the feeder cable to the Subscriber terminal by
11 means of a Drop and Service Outlet so that cable
12 television service may be received by the Subscriber.
13 3 .1 5 "Outage" means at least five 5 ) Subscribers
14 served by any common active component experience an
15 unscheduled total interruption of cable service.
16 3 .1 6 "Person" means any individual residing in the
17 City.
18 3.17 "Public Property" means any real property, other
19 than a Street, owned or leased by the Grantor.
20 3 .1 8 "Service Outl et" means the connection at the
21 Subscriber terminal located at a point designated by the
22 Subscriber necessary to provi de service to the
23 Subscriber. Any dwelling or other building within which a
24 Subscriber receives the service may have one Service
25 Outlet or multiple Service Outlets.
26 3.19 'Street' means the surface of and the space above
27 and below any public Street, public road, public highway,
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I
1 publ ic freeway, publ ic lane, publ ic path , publ ic way,
2 publ ic al ley, publ ic court, publ ic sidewalk, publ ic
3 boulevard, public parkway, public drive or any public
4 easement or right-of-way now or hereafter hel d by Grantor
5 which shall , within its proper use and meani ng in the sol e
6 opinion of Grantor, entitle Grantee to the use thereof for
7 the purpose of installing or transmitting over poles,
8 wires, cables, conductors, ducts , conduits, vaul ts ,
9 manholes, amplifiers, appliances, attachments and other
1 0 property as may be ordinarily necessary and pertinent to a
11 System.
12 3.20 "Subscriber" means any Person, Commercial Entity
13 or Governmental Entity within the City who is authorized
14 to receive service provided by Grantee by means of the
15 System.
16 3.21 "System" means a facility, consisting of a set of
17 closed transmission paths and associated si gnal
1 8 generation, reception and control equipment that i s
1 9 designed to provi de cable tel evi sion service which
20 includes video, interactive, and non-video programming
21 and/or services, and which i s provided to mul ti pl e
22 Subscribers within the City, but such term does not
23 i ncl ude (A) a facil i ty that serves only to retransmi t the
24 television signals of one (1 ) or more television broadcast
25 stations; (B) a facility that serves only Subscribers in
26 one (1 ) or more multiple unit dwellings under common
27 ownership, control or management, unless such facility or
-8 -
I faci 1 i ties cros se s or uses any Street; (C ) a f ac i 1 ity of a
2 common carrier which is subject, in whole or in part, to
3 the provisions of Title II of the Cable Communications
4 Policy Act of 1984, except that such facility shall be
5 considered a System to the extent such facility is used in
6 the transmission of video programming directly to
7 Subscribers; or (D) any facilities of any electric utility
8 used solely for operating its electric utility systems.
9 3 . 2 2"System Upgrade" means a band width expansion
10 which will be accomplished using the existing cable plant
11 with replacement of existing electronics and passives to
12 permit an operational band width of at least 400 MHz.
13 3 . 2 3"Two-Way System" means a System that can pass
14 video, voice, and/or data signals in both directions
15 simultaneously.
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6
1 SECTION 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS.
2 4 . 01 Grant of Franchise. T h i sFranchise is granted
3 pursuant to the terms and conditions contained herein.
4 Such terms and conditions shal 1 be subordinate to a 1 1
5 appl icable provisions of state and federal laws, rul es ,
6 and regulations.
7 4 . 02 Criteria of Sel ecti on . Grantee's technical
8 abi 1 i ty , financial condition, legal qualifications, and
9 ability to meet the future cable-related community needs
10 and interests, taking into account the cost of meeting
11 such needs and interests, were among tho se i tems
1 2 considered and approved by Grantor i n f u 1 1 publ ic
1 3 proceedings of whi ch Grantee was afforded reasonable
14 notice and a reasonable opportunity to be heard.
1 5 4.03 Authority for Use of Streets.
16 A. For the purpose of constructing, operating,
17 and maintaining a System in the City, Grantee may
18 erect, install, construct, repair, replace, relocate,
19 reconstruct, remove and retain i n ,o n , over, under,
20 upon, across and along the Streets within the City
21 such lines, cables, conductors, ducts , conduits,
22 vaul ts , manholes, amplifiers, appliances, pedestals,
23 attachments and other property and equipment as are
24 necessary and appurtenant to the operation of the
25 System, provided that all applicable permits are
26 applied for and granted, all fees paid and all other
27 City codes and ordinances are otherwise complied with.
-1 0-
I onstruction
1 B With the exception of Drop c
2 performed i n a generally perpendicular angle to a
3 Street, Grantee shall, prior to any construction of
4 the System, file plans with the Grantor. Grantor
5 shall, in a timely fashion, approve or disapprove such
6 plans in writing, which approval shall not to be
7 unreasonably withheld.
8 C. Grantee shal I use its best efforts to
9 construct and mai ntai n the System so as not to
1 0 interfere with other uses of Streets. Whenever
I 1 feasible Grantee shall make use of existing poles and
12 other facilities available to Grantee. Except in an
13 emergency, Grantee shall use its best efforts to
14 notify residents affected by proposed work prior to
15 commencement of that work.
16 D. Notwithstanding the above grant to use the
17 Streets, no Street shal I be used by Grantee i f
1 8 Grantor, i n its reasonable o p i n i o n ,determines that
1 9 such use is inconsistent with the terms, conditions or
20 provisions by which such Street was created or
21 dedicated, or is presently used.
22 4.04 Franchise Term. The effective date of this
23 Franchise shall be as set forth in Section 15.01 , and the
24 Franchise shal I expire fifteen (1 5 ) years from such
25 effective date, unless renewed, revoked or terminated
26 sooner as herein provided.
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6
1 4.05 Area Covered.
2 A . Thi s Franchise is granted f o r the
3 territorial boundary of the City which shall i ncl ude
4 any new territory which s h a 1 1 become part of the
5 City. Grantee shal 1 provi de service to any Person,
6 Commercial Entity and Governmental Entity requesting
7 service within the City according to the conditions,
8 limitations and schedules set forth herein. If any
9 annexed area is served by another cable operator at
10 the time of annexation, Grantee shall not be obligated
11 to provide service to that area.
12 B. Grantee shal I extend service to any area
13 when potential Subscribers that can be served by
1 4 extension of the System past occupied dwelling units
15 is equivalent to a density of thirty (30) homes per
16 street mile of plant contiguous to the activated
17 System.
18 C. In addition to the service extensions set
19 forth in Section 4.05B above, Grantee shall construct
20 a minimum average of six (6) miles of plant per year
21 calculated as of December 31 of each year, for the
22 first s i x ( 6 f u 1 1 calendar years of the Franchise
23 contiguous to the activated System with an equivalent
24 density of less than thirty (30) homes per street mile
25 in accordance with the schedule set forth in Exhibit
26 A, attached hereto; provided however, that Grantee
28 shall not be required to construct more than
-1 2 -
6
1 th i rty-six (3 6 miles o f pl ant wi thi n the
2 afore-mentioned six-year period. The criteria for
3 selection of areas to be served by the yearly
4 extension provided f o r herein shal 1 i ncl ude the
5 current and future cable-related needs and interests
6 of Grantor, Grantee and residents in the City.
7 4.06 Police Powers. Grantee's rights are subject to
8 the police powers of Grantor to adopt and enforce
9 ordinances of general applicability necessary to protect
10 and preserve the heal th . safety and welfare of the
I 1 publ i C . Grantee shal I comply wi th al 1 appl icabl e general
1 2 laws and ordinances enacted by Grantor pursuant to those
13 powers.
14 4.07 Use of Grantee and Grantor Facilities. Grantor
15 s h a 1 1 have the right to install and maintain, free of
16 charge, upon the poles and within the underground pipes
17 and conduits of Grantee, any wires and fixtures desired by
18 Grantor to the extent that such installation and
19 maintenance does not interfere with existing or future
20 operations of Grantee. If Grantee gives Grantor sixty
21 (60) days notice of any interference, Grantor will comply
22 with Grantee's eequest to correct the interference at
23 Grantor's expense. Grantee s h a 1 1 have the right to
24 install and maintain, free of charge, upon the poles and
25 within the underground pipes and conduits of Grantor, any
26 wires and fixtures desired by Grantee to the extent that
27 such installation and maintenance does not interfere with
-1 3 -
6
1 existing o r future operations of Grantor. I f Grantor
2 gives Grantee sixty (60) days notice of any interference,
3 Grantee will comply with Grantor's request to correct the
4 interference at Grantee's expense.
5 4.08 Written Notice. All notices, reports or demands
6 required to be given in writing under this Franchise shall
7 be deemed to be given when del ivered personally to the
8 Person designated below, or when five (5) days have
9 elapsed after it is deposited in the United States mail in
10 a sealed envelope, with registered or certified mail
11 postage prepaid thereon, or on the next business day if
12 sent by express mail or overnight air courier addressed to
13 the party to which notice is being given, as follows:
14 If to Grantor: City of Virginia Beach
15 Office of the City Manager
16 Municipal Center
17 Virginia Beach, VA 23456
18
19 If to Grantee: Cox Cable Virginia Beach
20 5200 Cleveland Street
21 Virginia Beach, VA 23462
22 Attn: General Manager
23
24 Such addresses may be changed by either party upon
25 notice to the other party given as provided in this
26 Section.
27 4.09 Franchise Non-Exclusive. The Franchise granted
28 herein is non-exclusive. Grantor specifically reserves
29 the right to grant, at any time, additional franchise(s)
30 for a System in accordance with applicable federal, state
31 and local law; provided, however, that no such franchise
32 shall, when taken as a whole, be more favorable or less
33 burdensome than this Franchise.
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1 SECTION 5. DESIGN PROVISIONS.
2 5.01 System Design. Grantee shall , upon acceptance of
3 thi s Franchise as def i ned herein, immediately undertake
4 a I I necessary steps to construct, operate and maintain a
5 System that provides features and services that are at a
6 minimum comparable to those provided on other Systems in
7 municipalities in thi s region with a separate franchise
8 with Grantee or Cox Cable Hampton Roads, Inc., or their
9 successors and a s s i g n s . Grantee shal 1 provi de a System
10 Upgrade, as set forth In Exhibit A.
I 1 5.02 -wo-Way System. Grantee shal 1 provide a cable
12 communications system having the technical capacity for
13 non-voice return communications. Grantor and Grantee
14 s h a I 1 continue to review, during the term of this
15 Franchise, the need and economic feasibility for a Two-Way
16 System.
17 5.03 Interconnection.
18 A. The System s h a I 1 be designed to be
19 interconnected with other Systems operated by Grantee
20 or Cox Cable Hampton Roads, Inc., or their successors
21 and assigns.
22 B. Grantor may request Grantee to enter into
23 discussions on interconnecting the System with
24 adjacent cable television operators. Grantee shall ,
25 to the extent allowed by law, enter into such
26 discussions in good faith and keep Grantor informed of
27 the progress of such discussions.
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1 5 . 04 Provi sion o f Servi ce After service has been
2 establ i she d by ac ti vati ng trunk and di st ri bution cabl e f or
3 any area, Grantee shall , except under conditions beyond
4 Grantee's reasonable control, provide service to:
5 A. Any Person or Governmental Entity within the
6 area with twenty-one (21) days from the date of
7 request; and
8 B. Any Commercial Entity within the area upon
9 terms and conditions negotiated by the Commercial
10 Entity and Grantee.
11 5 . 0 5 Technical Standards. The System s h a I 1 be
12 designed, constructed and operated so as to meet those
13 technical standards set forth in Exhibit B. These
14 standards shall , at a minimum, comply with the technical
15 standards promulgated by the Federal Communications
16 Commission rel ati ng to cable communications systems
1 7 contained i n subpart K of part 76 of the Federal
1 8 Communicati ons Commi ssion ' s rul es and regul ati ons rel ati ng
1 9 to cable communications systems and found in the Code of
20 Federal Regulations, Title 47, Sections 76.601 to 76.617.
21 5.06 Testing
22 A. Base'd upon unresolved Complaints or
23 indications of significant non-compliance with thi s
24 Ordinance, Grantor may require Grantee to perform
25 te sts a nd/or analyse s at G ra ntee ' s expense di rected at
26 resolving the controversy. Grantor shall endeavor- to
27 arrange its request for such tests so as to minimize
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I
1 hardship or inconvenience to Grantee or Subscribers.
2 Upon completion of testing, Grantee shall provide
3 Grantor with a report which shall include:
4 1. A description of the probl em which
5 precipitated the test or analysis.
6 2 - A description of system components tested.
7 3. A description of equipment used and
8 procedures employed in testing.
9 4. The method, if any, by which the problem was
10 resolved.
11 5. Any other information deemed pertinent by
12 Grantee.
13 B. If after receiving Grantee's test report,
14 Grantor determines that reasonable evidence indicates
15 significant non-compliance with this Ordinance or an
16 unresolved Complaint controversy still exists, Grantor
17 may retain, or require Grantee to retain, an
18 independent engineer to perform tests and analyses
19 directed toward the particular matter in controversy.
20 1. Grantee shal I bear the expense for the
21 independent testing if Grantee is found to
22 be at fault; Grantor shall bear the expense
23 of the independent testing if Grantee is
24 found not to be at fault.
25 2. If Grantee is found to be at fault, Grantee
26 s h a 1 1provide a written report to Grantor
27 detailing the steps undertaken to correct
28 the deficiencies.
-1 7 -
I c In determining coverage for purposes of CLI
2 testing required by the FCC, Grantee shall insure that
3 municipal and publ ic school buildings are tested in
4 equal Proportion to other tested areas. Results of
5 such testing shall be provided free of charge to
6 Grantor upon request.
7 5.07 Test and Com dures.
8 A. Grantee shall perform, periodically, but in
9 any event, not less than once a year, necessary tests
10 to verify compliance with those technical standards
11 set forth in Exhibit C.
12 B. These tests shall be performed at not less
13 than s i x ( 6 ) locations throughout the City, one of
14 which may be selected by Grantor.
15 C. The tests may, upon request of Grantor, be
16 witnessed by representatives of Grantor. If one or
17 more Of the locations tested f a I 1 s to meet the
18 performance standards, Grantee s h a I 1 complete
19 corrective measures. The entire test shall be
20 repeated for the failed locations. Grantee shall bear
21 the expense of all such testing.
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I SECTION.6. SERVICE PROVISIONS.
2 6 . 01 Lif el i ne Basic 'Seri ce. Grantee shall offer to
3 a 1 1 Subscribers a service level designed to meet the
4 minimum information needs of the residents of the City.
5 This level of service shall consist of a minimum of twelve
6 (12) channels, including all Local Origination and Access
7 Channels set forth in Section 6.08. Grantee retains the
8 right to add, 4elete or modify the programming on the
9 Lifeline Basic Tier.
10 6.02 Additional rvices. As an addition to the
11 Lifeline Basic Service, Grantee s h a 1 1 offer to a 1 1
12 Subscribers Additional Services consisting of a diverse
13 mix. quality and range of programming choices. Grantee
14 retains the right to add, delete or modify the Additional
15 Services programming; provided, however, that Grantee
16 shall be requested to maintain a diverse mix, quality and
17 range of programming choices.
18 6.03 P Grantee shal I offer to
1 9 Subscribers for a fee or charge, per-program or
20 per-channel programming. Grantee shall initially offer a
21 minimum of four (4 Pay Television services. Grantee
22 retains the right to add, delete or modify the Pay
23 Television services.
24 6.04 Pr amming Decisions. All programming decisions
25 s h a I I be at the sole discretion of Grantee; provided,
26 however, that Grantee shall be requested to maintain a
27 diverse mix, quality, and level of service and s h a 1 1
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6
1 notify Grantor, prior to notification of Subscribers, of
2 any proposed change in the m i x , quality, or level of
3 service.
4 6.05 Emergency Al Grantee s h a I I i nstal 1
5 and thereafter maintain for use by Grantor an Emergency
6 Alert System (EAS). In the event of an emergency this
7 system may be remotely activated by telephone and shall
8 allow a representative of Grantor to override the audio on
9 all channels of the System except channels controlled by
10 Grantor. Grantor shal 1 be solely responsible for all
11 cl aims and 1 iabi I ity resul ti ng f rom i ts uti I i zation of the
12 EAS.
13 6.06 Service to Pu es.
1 4 A. Upon request, Grantee shall provide one free
15 Drop to:
16 1. Al 1 classroom/instructional bui I di ngs
1 7 designated by Grantor within the City that are
18 owned or leased by the Virginia Beach School
19 Board; and
20 2. Al I recreational centers designated by
21 Grantor within the City that are owned or leased
22 by Grantor.
23 B. Other than as provided in Section 6.06A
24 above, Grantee shall, upon request, provide one Drop
25 to all buildings designated by Grantor within the City
26 that are either Grantor or Virginia Beach School Board
27 owned buildings, buildings leased by Grantor or
- 20-
1 Virginia Beach School Board with lease terms in excess
2 of th ree years, o r b u i 1 d i n gs ho u s i n g operations
3 jointly funded by Grantor and the state or federal
4 government. If installation of a new Drop is
5 required, Grantor s h a 1 1 reimburse Grantee for
6 Grantee's cost of labor and materials in excess of the
7 cost to install a new Drop as follows:
8 1. 300 feet of Drop and 400 feet of feeder
9 plant if the building is owned by Grantor or the
10 Virginia Beach School Board; or
11 2. 100 feet of Drop and 200 feet of feeder
12 plant if the building is leased by Grantor or the
13 Virginia Beach School Board, or houses operations
14 jointly funded by Grantor and the state or
is federal government.
16 C. Grantee may provide the internal
17 distribution system of the buildings specified in this
18 Section, reimbursable by Grantor at Grantee's cost of
19 labor and materials or, at Grantor's election, Grantor
20 or the Virginia Beach School Board may provide the
21 internal distribution system provided it meets
22 Grantee's technical specifications set forth in
23 Exhibit C. If the internal distribution system of any
24 of the aforementioned buildings fails at any time to
25 meet Grantee's technical standards, Grantee will
26 immediately notify Grantor. Grantee may discontinue
27 service to any building failing to meet technical
- 21 -
standards i f required by I aw. Grantee will advise
2 Grantor and the Virginia Beach School Board
3 concerning installation and maintenance Procedures and
4 practices concerning building internal distribution
5 systems.
6 D. Grantee shall provide Lifeline Basic Service
7 as set forth in Section 6.01 and Additional Services
8 as set forth in Section 6.02, free to all buildings as
9 specified in this Section as follows:
10 1. Unlimited Service Outlets within
11 Virginia Beach School Board classrooms and
12 instructional buildings. The V i r g i n I a Beach
13 School Board will develop reasonable rules and
14 regulations to encourage responsible use.
15 2. Grantor shall develop reasonable rules
16 and regulations which encourage responsible
17 utilization, and which control Service Outlet
18 quantities and placement in all non-classroom
19 buildings. At no time s h a I 1 the quantity of
20 Service Outlets eligible to receive free service,
21 excluding those provided for in Section 6.06A
22 above, exceed 350 Service Outlets.
23 E. Grantor s h a I Ibe responsible for any Pay
24 Television charges or service-to-service outlets in
25 excess of those provided for herein.
26 6.07 Institutional Grantor may request
27 Grantee to enter into discussions regarding implementation
- 22 -
1 and construction of a n Institutional Network. Grantee
2 shall, to the extent allowed by law, and as commercially
3 practicable, enter into such discussions in good faith and
4 keep Grantor informed of the progress.
5 6.08 Local Oriaination Public Forum and Access
6 Channels.
7 A. Grantee shall designate Channel capacity and
8 provide said Channels to each of its Subscribers who
9 receive all, or any part of, the total services
10 offered on the System as follows:
11 1. Local Origination Publ ic Forum
1 2 Channel: One (I ) Channel will be designated for
1 3 the non-commercial open discussion of issues of
14 local public concern and interest.
15 2. Educational Access Channel: One (1)
16 Channel will be designated for the non-commercial
17 use of the public school authorities in the City.
18 3. Government Access Channel: One (i
19 Channel will be designated for the non-commercial
20 use of the city government.
21 B. Grantee agrees to maintain the Access
22 Channels at the technical standards set forth in
23 Exhibit B, at no cost to Grantor.
24 C. Grantee shall establ ish reasonable rules and
25 regulations which control and encourage the
26 responsible usage of the Local origination Public
27 Forum Channel. Grantee shall be solely responsible
- 23 -
1 for 'Operation, administration, maintenance. and
2 programming Of the Local Origination Public Forum
3 Channel.
4 D . Grantor shall establish reasonable rules and
5 regulations which control and encourage the
6 responsible usage of the Educational and Government
7 Access Channels.
8 E . Grantee s h a I I establish and maintain
9 facilities that at a minimum are capable of producing
10 live two (2) camera color programming, cablecasting
11 Pre-recorded videotapes, and recording two (2) camera
12 color programming at remote locations.
13 F. Grantee shall continue to produce community
14 programming of local interest and concern for the
15 Local Origination Public Forum Channel as long as
16 economically feasible commensurate wi th community
1 7 needs. A review of recent programming on the Local
18 Origination Is set forth in Exhibit D.
19 G. Grantee shall provide, at no cost to
20 Grantor, production, technical and administrative
21 consultation assistance to develop educational and
22 government programming.
23 H. Upon completion of the System Upgrade and at
24 the request of Grantor, Grantee will activate one (1)
25 additional Access Channel provided; however, that In
26 no event shall the Educational, Government and Local
27 Origination Public Forum Channels provided for herein
- 24 -
I
I exceed four 4 Nothi ng i n thi s Section is to be
2 construed as prohibiting Grantee from providing
3 additional access channels at its sole discretion or
4 as otherwise provided by law.
5 I. In support of access programming, Grantee
6 agrees to provide dedicated cable program origination
7 capability in accordance wi th the Si gnal
8 Transportation Path Speci f i cati ons as set f orth i n
9 Exhibit B ,at no cost to Grantor, between the
10 following remote locations and the Joint Cable Center:
I I 1 . City Council Chambers i n the City
12 Administration Building; and
13 2. School Board Chambers in the School
14 Administration Building.
1 5 J . Upon noti f i cati on by Access Channel
16 authorities, Grantee's response time for dedicated
1 7 cable and upstream path signal discrepancies shall be
18 as follows:
19 1. Upstream (return) path technical
20 problems which render any or all of the Access
21 Channels unusable or unviewable shall be serviced
22 as soon as possible and in the same priority as
23 any other primary signal source. Minor signal
24 distortions or problems shall be serviced within
25 forty-eight (48) hours.
26 2. Signal problems on any Grantee
27 dedicated signal path supporting Access Channel
- 25 -
1 opera 6tion w h i c h render the signal unusable or
2 unviewable s h a I 1 b e serviced a s soon a s possi ble.
3 Other technical problems o n dedicated signal paths
4 shall be addressed within forty-eight (48) hours.
5 3. All maintenance and repairs will be at
6 no cost to Grantor.
7 K. In the event the Grantor designates a body
8 to administer any of the Access Channels, Grantee
9 agrees to cooperate with and consult with such body in
10 connection with matters relating to the use of the
11 Access Channels.
12 L. Grantee shall be permitted to use time on
13 one or more of the Access Channels whenever there are
14 no blank Channels engineered at the headend available
15 on the same level of service which includes the Access
16 Channels and whenever such Access Channel (s is not
1 7 scheduled for use at least seventy-two (72) hours in
18 advance of such time or times desired by Grantee;
1 9 provided, however, that any use of such Access
20 Channels by Grantee shall at all times be subordinate
21 to designated access use and s h a 1 1 be preempted by
22 access programming scheduled at least seventy-two (72)
23 hours in advance. Al I non-access programming on
24 Access Channels shall be identified as such by an
25 appropriate announcement made prior to and following
26 each non-access use. Nothwithstanding the foregoi-ng,
27 at such time as any Access Channel has been programmed
26 -
I for a daily average of eight (8) hours o r fifty
2 percent (50%) of the hours of access cablecast days,
3 whichever is less, during any ninety (90) day period,
4 use of such Channel by Grantee shall be suspended for
5 such time as such minimum access of such Channel is
6 maintained.
7 M. Grantee shall provide Grantor the following:
8 1 . An initial cash grant in the amount of
9 $1.00 per Subscriber located within the City.
10 The cash grant will be based upon the number of
11 Subscribers located within the City on June 1 ,
12 1991. The one-time cash payment will be made to
1 3 the City on or before July 1 , 1991 .
14 2. One (1) multi-channel character
15 generator and associated peripheral equipment
16 necessary for remote telephone operation of the
17 generator, within ninety (90) days after
18 specification by Grantor, the cost of which shall
19 not exceed Thirty Thousand Dollars ($30,000.00).
20 3. Grantee shall provide four (4) cash
21 grants based on a calculated Subscriber figure as
22 follows:@
23 a. $.375 per Subscriber, adjusted for
24 the time value of money based upon the Prime
25 Rate as determined by Chase Manhattan Bank,
26 N.A. on February 1. 1991, plus two percent
27 (2%), compounded annually from the effective
- 2 7 -
I date of the Franchise.
2 b . The grant will be based upon the
3 number of Subscribers in the City on January
4 1 , 1 9 94 , January 1 , 1997, January I , 2000,
5 and January 1, 2003.
6 C. The additional cash grants shall
7 be payabl e on July I , 1 994 , July I , 1 997,
8 July 1, 2000, and July 1, 2003.
9 4. Grantee s h a I 1 provide an additional
1 0 cash grant of $.50 per Subscriber upon activation
1 1 of the Access Channel set forth i n Section
1 2 6 .08G . The grant will be based upon the number
13 of Subscribers in the City on the date of
14 activation and shal 1 be payable within ninety
15 (90) days thereafter.
1 6 N . Al I such amounts paid to Grantor, i n
17 accordance with this Section, shall be considered
1 8 capital costs under Section 622(g)(2)(c) of the Cable
19 Communications Policy Act of 1984 (47 U.S.C. 542) and
20 s h a 1 1 be appl ied solely for the support of the
21 Educational and Government Access Channels.
22 6.09 Handicapped Services.
23 A. Grantee shall provide transmission of
24 closed-captioned information on all programming that
25 contains closed-captioning.
26 B. Grantee shal 1 provide for TDD service
27 through the Dual Party Relay Service (DPRS), under the
28 provisions made by the State Corporation Commission
29 (SCC).
2 8-
6
1 SECTION 7. CONSTRUCTION PROVISIONS.
2 7.01 Construction Timetable.
3 A . The System Upgrade shall be constructed in
4 accordance with the timetable set forth in Exhibit E.
5 B. Grantee shall give notice to Grantor sixty
6 (60) days prior to the anticipated completion date of
7 the System Upgrade and again at such time as Grantee
8 has, in fact, completed all construction.
9 C. Upon receipt of notice that all construction
10 has been completed, Grantor shall have thirty ( 3 0 )
11 days to obtain a written report from an independent
12 engineer confirming the completion of construction;
1 3 provided, however, that if Grantor f a i I s to obtain
14 such a written report within said thirty 3 0) days,
is the construction shall be deemed completed, unless the
16 failure to obtain such a report is due to unforeseen
17 events, acts of God, or events beyond the reasonable
18 control of Grantor. Grantee shall provide Grantor
19 copies of all f i n a 1 proofs and acceptance of the
20 System Upgrade.
21 D. The written report from the independent
22 engineer may take into consideration the following:
23 1. That all construction has been
24 completed or otherwise satisfactorily resolved;
25 2. Satisfactory test results using the
26 technical standards set forth in Exhibit C at- up
27 to ten (10) widely separated Subscriber Drops
- 2 9 -
I selected by the independent engineer.
2 3. Compliance with all applicable codes
3 and standards.
4 4 . installation and the proper working of
5 the Emergency Alert System required by Section
6 6.05 hereof.
7 5. Carriage of the Lifeline Basic Service,
8 set forth in Section 6.01.
9 7 . 0 2Construction Delay. Grantee shall notify Grantor
10 of any significant delay in construction of the System
11 Upgrade. Based upon review of reason for delay, Grantor
12 may grant extensions to the timetable set forth in Exhibit
13 E.
14 7.03 Construction Progress Reports. Grantee s h a 1 1
15 furnish Grantor written quarterly progress reports, in a
16 format agreed upon by Grantor, detailing progress of the
17 construction. Grantee and Grantor shall meet as needed
18 during the construction of the System to discuss issues of
19 concern (eg., construction progress, standards, etc.)
20 7.04 Construction Standards.
21 A. All construction practices shall be in
22 accordance with a 1 1 appl i cable sections of the
23 Occupational Safety and Health Act of 1970, as
24 amended, as well as all state and local codes where
25 applicable.
26 B. Al 1 installation of electronic equipment
27 shall be of a permanent nature, durable and installed
-30-
6
1 i n accordance with the provisions o f the National
2 Electrical and Safety Code and National Electrical
3 Code as amended, as applicable to cable television.
4 C . Antennas and the i r supporting structures
5 (tower) shal I be pai nted, 1 i ghted , erected and
6 maintained i n accordance wi th al 1 appi icabl e rul es and
7 regulations of the Federal Aviation Administration and
8 a I 1 other applicable state or local laws, codes and
9 regulations.
10 D. All of Grantee's plant and equipment,
11 including, but not limited to, the antenna site,
12 headend and distribution system, towers, house
13 connections, structures, poles, wire, cabl e , coaxial
14 cable, fixtures and appurtenances shall be installed,
15 located, erected, constructed, reconstructed,
16 replaced, removed, repaired, maintained and operated
17 in accordance with good engineering practices,
18 performed by experienced maintenance and construction
19 personnel so as not to endanger or interfere with
20 improvements Grantor may deem appropriate to make and
21 a 1 s o to reasonably preserve and protect plants and
22 tree improvements in the tree belt and right-of-way,
23 and not to interfere with the legal rights of any
24 property owner, or to unnecessarily hinder or obstruct
25 pedestrian or vehicular traffic.
26 E. Grantee shall at all times employ ordin.ary
27 care and shall install and maintain in use commonly
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I
I accepted methods and devices preventing failures and
2 accidents which may be likely to cause damage, injury
3 or nuisance to the public. Upon request, Grantee will
4 provide information to Grantor regarding items of
5 quality control for installation and maintenance
6 activities performed by Grantee or its authorized
7 subcontractors.
8 F. Upon request, Grantee shall work with
9 Grantor to establish guidelines regarding the location
10 and placement of the System to provide the most
11 judicious use of available space in Streets and Public
12 Property.
13 7.05 Construction of Facilities.
14 A. The System hereafter constructed or
15 installed by Grantee, and all easements and
16 rights-of-way hereafter obtained by Grantee, shall be
17 located so as to cause as little interference with the
18 public use of the Streets, and other Public Property
19 as is reasonably possible, and a I 1 such facilities
20 shal 1 be maintained i n good repair and condition.
21 Facilities located on, over, under or within the
22 property of Grantor or private property shall be
23 constructed, i nstal 1 ed and maintained i n accordance
24 with a I I applicable City ordinances, rul es ,
25 regulations and requirements. I n the event the
26 construction, installation, repair or maintenance, of
27 any of the System necessitates the removal of trees or
-3 2 -
I
I other vegetation, such trees and vegetation shall be
2 replaced to the extent possible promptly upon the
3 conclusion of the work performed. Any determination
4 by Grantee that the replacement of tree(s) is not
5 possible shall require prior approval of Grantor.
6 Except in cases of an emergency or Outage,
7 Grantee shal 1 not install , move, alter, repair,
8 relocate or remove any of its underground System in or
9 from any Street or Public Property, or dig, cut or
10 otherwise disturb the surface of any public Street or
11 Public Property, unless prior written notice of its
12 intention to do so is given to Grantor's Director of
13 Public Works or his designee no less than three ( 3)
14 business days prior to the time such work commences,
15 and permission to perform such work is granted or
16 waived by the Director or his designee or a permit
17 authorizing such work is obtained, which permit shall
18 not be unreasonably withheld. Such permission or
19 permit shall, whether or not expressly stated in any
20 given instance, be conditioned upon the work covered
21 by the permit being performed in compliance with the
22 provisions of the Franchise and with a 1 1appl icabl e
23 City ordinances, rules, regulations and requirements.
24 The Director or his designee may, in addition to any
25 other requirement of law or provision of the
26 Franchise, impose such additional reasonable
27 conditions, requirements or restrictions as will
- 3 3-
1 prevent or minimize interference with or obstruction
2 of the Streets and Public Property, ensure the prompt
3 and complete restoration of Streets and Publ ic
4 Property damaged, disturbed or al tered by work
5 performed by or on behalf of Grantee, or otherwise
6 preserve, protect and promote the publ ic heal th ,
7 safety and welfare.
8 Grantee may perform emergency work which is
9 necessary to ensure the publ ic heal th , safety or
1 0 welfare, or to repair a service Outage, prior to the
11 issuance of a permit. In such cases, Grantee shall
12 provide notice to Grantor, except if the provision of
13 such notice is not reasonably possible, as soon as
14 practicable, and in any case no later than two 2
15 working days after the commencement of work.
16 Whenever Grantee proposes to install new
17 underground conduits or replace existing underground
18 conduits within the City, it shall notify Grantor as
19 soon as practical and shall allow Grantor, at its own
20 expense, to share any excess capacity within the
21 conduit of the Grantee or to lay its own conduit
22 therewith, provided that such action by Grantor will
23 not unnecessarily interfere with Grantee's facilities
24 or delay the accomplishment of the project.
25 B. Grantor shall have the ri ght at Grantee's
26 expense to perform reasonable and necessary
27 inspection of all construction work performed on
- 34 -
I Public Property or Streets pursuant to the
2 requirements of Section 4.03.
3 c . Nothing contained in this Franchise shall be
4 construed to give Grantee the authority to enter upon
5 or work on private property in areas not encumbered
6 with public easements without the permission of the
7 property owner, tenant or agent.
8 7.06 Repair of Streets and Property. Grantee shall
9 comply with all ordinances of Grantor pertaining to trees
10 and other vegetation. Any and all Streets, Public
11 Property or private property, which are disturbed or
12 damaged during the construction, repair, replacement,
13 relocation, operation, maintenance, reconstruction or
14 removal of the System shall be promptly repaired by
15 Grantee, at its expense, to a condition as good as that
16 prevailing prior to Grantee's work. Any damage caused to
17 the property of building owners or users or any other
18 person as a result of any action or omission by Grantee
19 shall be promptly and fully repaired by Grantee.
20 7.07 Use of Existing Poles. No poles, conduits, or
21 other wire-holding structures s h a 1 1be erected or
22 installed by Grantee on Grantor's property without prior
23 approval of Grantor with regard to the location, height,
24 type and other pertinent aspects, which approval shall not
25 be unreasonably withheld. Grantor may require Grantee
26 to provide written justification should the use of such
27 poles and other wire-holding structure be solely for the
- 3 5 -
I
1 purpo se of supporti ng G ra ntee ' s System. The I ocation of
2 any pol e, conduit or wi re-hol di ng structure of Grantee on
3 Grantor's property shall not be a vested right and such
4 poles, conduits or other structures s h a 1 1be removed or
5 modified by Grantee at its own expense upon reasonable
6 request of Grantor.
7 7.08.Undergrounding of Cable. Cable shall be
8 installed underground at Grantee's expense where both the
9 e x i s t i n gtelephone and electrical utilities are already
10 underground. Grantee shal 1 pl ace cable underground i n
1 1 newly platted areas in concert with both the telephone and
12 electrical utilities, unless this requirement is waived by
13 Grantor. Grantee s h a 1 1be required to convert overhead
14 lines to underground, at Grantee's expense, if and when
15 electric and telephone overhead utilities in the same area
16 are converted to underground.
17 7.09 Reservation of Street Ri @tS.
18 A. Nothing in this Franchise shall be construed
19 to prevent Grantor from constructing, maintaining,
20 repairing or relocating sewers; constructing, grading,
21 pavi ng , maintaining, repairing, relocating and/or
22 altering any Street; constructing, 1 ayi ng down,
23 repairing, maintaining or relocating any water mains;
24 or constructing, maintaining, relocating, or repairing
any sidewalk or other public work.
3 6 -
I B All such work s h a 1 1 be done, insofar a s
2 practicable i n such a manner a s not to obstruct,
3 injure or prevent the free use and operation of the
4 poles, wires, conduits, conductors, pipes or
5 appurtenances of Grantee.
6 C. If any such property of Grantee shal 1
7 interfere with the construction or relocation,
8 maintenance or repair of any Street or publ ic
9 improvement, whether i t be construction, repair,
1 0 mai ntenance, removal or rel ocati on of a sewer , publ ic
11 sidewalk, water main, Street or any other public
12 improvement, forty-five (45) days notice shall be
1 3 given to Grantee by Grantor and all such poles, wires,
14 conduits or other appliances and facilities shall be
15 removed or replaced by Grantee in such manner as shall
16 be directed by Grantor so that the same s h a 1 1 not
17 interfere with the s a i d public work of Grantor, as
18 determined by Grantor, and such removal or replacement
19 shall be at the expense of Grantee herein.
20 D. Nothing contained in thi s Franchise s h a I 1
21 relieve any Person or entity, including Grantor from
22 liability arising out of the failure to exercise
23 reasonable care to avoid injuring Grantee's System.
24 7.10 Trimming of Trees. Grantee shal I have the
25 authority to trim trees upon and hanging over Streets, and
26 Public Property in the City so as to prevent -the
27 branches of such trees from coming in contact with the
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I
1 System of Grantee; provided, however, that all trimming on
2 Streets or Publ ic Property s h a 1 1be done in accordance
3 with applicable City ordinances.
4 7.11 Street Vacation or Abandonment. In the event
5 Grantor determines to vacate, abandon or di scontinue use
6 of any Street or portion thereof used by Grantee, Grantor
7 shall notify Grantee as soon as possible.
8 7.12 Movement of Facilities. In the event it is
9 necessary temporarily to move or remove any of Grantee's
10 wires, cables, poles, or other facilities placed pursuant
11 to this Franchise, in order to lawfully move a I arge
1 2 object, vehicle, b u i I d i n gor other structure over the
1 3 Streets in the City, upon five (5) days notice by Grantor
14 to Grantee, Grantee shall move its facilities as may be
15 required to facilitate such movements, at the expense of
16 the requesting party, payment to be made in advance.
17 There shall be no charge to Grantor for such removal. Any
18 service disruption provisions of this Franchise shall not
19 apply in the event that the removal of Grantee's wires,
20 cables, poles or other facilities results in temporary
21 service disruptions.
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I SECTION 8'. OPERATION AND REPORTING PROVISIONS.
2 8 . 01 Financial Books and Records. Grantee shall keep
3 complete and accurate books of account and financial
4 records of Gross Revenues attributable to its cable
5 television operations in the City. Grantor shall have the
6 right to inspect, upon five (5) working days written
7 notice, at any time during normal business hours at the
8 System office, all books, records, maps, plans, financial
9 statements, service Complaint I ogs , performance test
1 0 resul ts , records of requests for service and other I ike
I 1 material s of Grantee whi ch are reasonably necessary to
1 2 monitor compliance with the terms of this Franchise.
13 8.02 Communications with Regulatory Agencies. Copies
14 of any petitions, applications, communications and reports
15 submitted by or on behalf of Grantee to any federal or
16 state regulatory commission or agency having jurisdiction
17 in respect to any matters affecting the System shall be
18 submitted to Grantor upon its request. Copies of
19 responses, if any, from the regulatory agencies shal 1
20 likewise by submitted to Grantor upon its request.
21 8 . 0 3Annual Report. Within ninety (90) days of the
22 end of Grantee's fiscal year, including the fiscal year in
23 which the Franchise becomes effective, Grantee shall f i I e
24 with Grantor an Annual Report in the Form as set forth in
25 Exhibit F containing the following information regarding
26 the System:
27 A. A financial statement verifying total
- 3 9 -
1 GrossI Revenues prepared in accordance with generally
2 accepted accounting principles and certified by a
3 financial officer of Grantee.
4 B. A summary of the previous year's
5 activities in the development of the System,
6 including, but not limited to, services begun or
7 discontinued during the reported year.
8 C. A report setting forth the results of any
9 Subscriber survey conducted during the reported year,
10 as set forth in Section 9.08.
11 D. A current copy of the Subscriber service
12 information required in accordance with Section 9.04
13 hereof.
14 E. A current list of names and addresses of
15 each principal . For the purposes of this requirement
16 the term ..principal" means any Person, firm,
17 corporation, partnership or joint venture, or other
18 entity who or which owns or controls five percent (5%)
19 or more of the voting stock (or any equivalent
20 interest of a partnership or joint venture) of Grantee.
21 F. A summary of the Complaints received
22 during the reported year, by category, and a
23 discussion of any unresolved Complaints.
24 G. A comfort letter prepared by an
25 independent certified public accountant verifying
26 Gross Revenues for the preceding year.
27 H. A summary of service calls made,
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i
1 categorized by general category.
2 I . most recent annual report o f the parent
3 company.
4 J. Schedules for upgrade and expansion
5 construction for the upcoming year as detailed in
6 Exhibit A and Section 4.05.
7 K . Status of the previous year upgrade and
8 new construction activity.
9 L. Results of any testing performed and any
10 corrective measures taken pursuant to Section 5 .0 7 -
11 Such test results and corrections shall be certified
12 by an officer of Grantee.
13 8.04 Additional Reports.
14 A. Grantee shal I prepare and furnish to
1 5 Grantor quarterly reports in the form as set forth in
16 Exhibit G containing information which is reasonably
17 necessary for the administration and enforcement of
18 this Franchise as follows:
19 1. Quarterly Gross Revenues.
20 2. Number of Basic Expanded Subscribers.
21 3. Basic Only Subscribers.
22 4.' Number of Pay Television units.
23 5. Plant miles.
24 6. Households passed.
25 7. Subscriber penetration.
26 8. Number of Complaints by general
27 category.
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1 9 Number of service calls by general
2 category.
3 1 0 . Progress reports as required in
4 Section 7.03. Quarterly reports shal 1 be
5 submitted with the quarterly payments to Grantor
6 as required in Section 10.01.
7 B. Reports 1 i sti ng the number of area wide
8 outages and durations and locations covering specific
9 time periods shall be furnished to Grantor upon its
10 request.
11 C. on or before the first day of January,
12 commencing January 1, 1992, Grantee shall furnish the
13 City Manager with a two-year forecast of construction
14 potentially affecting Streets and Public Property.
15 Grantor and Grantee agree that, at such time as they
16 may deem appropriate, representatives of the parties
17 shall meet and exchange information, and discuss such
18 issues, as will enable the parties to coordinate their
19 activities in those areas in which such coordination
20 may prove beneficial. Nothwithstanding the foregoing,
21 the parties agree and acknowledge that each party
22 retains absolute discretion and control concerning the
23 timing and other aspects of its projects, it being the
24 intent of thi s provision that the parties take
25 reasonable measures to inform the other of their
26 respective plans and to exercise good faith . in
27 cooperating with each other to the end that
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I
1 the reasonable expectations and benefits accruing to
2 each of the parties pursuant to the Franchise not be
3 frustrated or diminished by inadequate communication.
4 8 . 0 5 Mapping. Grantee shal I maintain i n Grantee's
5 local office a complete and detailed set of current maps
6 of a I 1 of its System located on Grantor's Streets and
7 Public Property, which shall be available for inspection
8 by Grantor during normal business hours.
9 8.06 Annual Evaluation Sessions. Beginning in 1992,
10 Grantor may require annual evaluation sessions during the
11 term of this Franchise; provided however, that there shall
12 not be more than one evaluation session d u r i n g any
13 calendar year. Topics which may be discussed include, but
14 are not limited to, channel capacity, System performance,
15 programming, the Local Origination Public Forum and Access
16 Channel and programming, municipal use of cable,
17 Subscriber Complaints, judicial rulings, FCC rulings and
18 any other topics Grantor or Grantee deem relevant. During
19 each evaluation session, Grantee s h a 1 1 fully cooperate
20 with Grantor and provide without cost such readily
21 available information and documents as Grantor may
22 reasonably request.
23 8.07 Renegotiation Sessions. The field of cable
24 communications is a changing industry which may see many
25 regulatory, technical, financial , marketing, competitive
26 and legal changes during the term of this Franchise.
-4 3 -
I Therefore, i n order to provi de f o r flexibility i n thi s
2 Fra nc hi se , hel p achi eve an adva nced a nd modern Sy stem, a nd
3 meet the future cable tel evi s i on rel ated needs and
4 interests of Grantee, Grantor, and the Subscribers, taking
5 into account the cost of addressing such needs and
6 interests, the following provisions will apply:
7 A. Grantor may require a renegotiation
8 session within thirty ( 3 0 days of the fifth (5th),
9 and tenth (10th) anniversary dates of the acceptance
10 of this Franchise.
11 B. Topics which may be discussed at any
12 renegotiation session include, but are not limited to,
13 channel capacity, the System performance, programming,
14 Local Origination Public Forum and Access Channel
15 needs, municipal uses of cable, Subscriber Complaints,
16 judicial rulings, FCC rulings, extension of service,
17 extension of the Franchise term, and any other topics
18 Grantor and Grantee deem relevant.
19 C. During a renegotiation session, Grantee
20 shall fully cooperate with Grantor and provide without
21 cost such readily available information and documents
22 as the Grantor"may reasonably request.
23 D. As a resul t of a renegotiation session,
24 Grantor and Grantee may determine that the terms of
25 the Franchi se should be amended, or that additional
26 services should be provided. Grantor and Grantee will
27 enter into good faith negotiations on the terms
-4 4 -
6
1 o f any change o r amendment to the Franchise. The
2 parties shall consider whether the proposed amendment:
3 1 . i s consistent with existing
4 state-of-the-art technology;
5 2 . addresses the cable-related needs
6 and interests of Grantee, Grantor and
7 Subscribers;
8 3 . i s necessary due to regulatory,
9 financial, marketing, competitive o r legal
10 requirements;
1 1 4 . would unreasonably add to the cost
12 of providing cable television service to
13 Subscribers; and
14 5. would impact the operational or
15 financial condition of Grantee.
16 In the event Grantee f a i I sto enter i nto
1 7 negotiations on a Franchise amendment requested by
1 8 Grantor, Grantor may enforce the provisions of this
19 Section by any available remedy.
-4 5 -
1 SECTION 9. CONSUMER PROTECTION PROVISIONS
2 9.01 Approval of Rate Changes.
3 A . Initial Rates . The i n i t i a 1 rates and
4 charges for Service effective as of December 1 , 1990,
5 are attached hereto as Exhibit H. Grantee shall
6 maintain on file with Grantor at all times a current
7 schedule of all rates and charges.
8 B. Rate Increases. Grantor reserves the right
9 to regulate rate increases for cable service to the
10 extent permitted by federal or state law, through
11 approval or disapproval of a rate revision request
1 2 after affording Grantee due process, as follows:
1 3 1 . During any calendar year, Grantee may
1 4 raise the rate for cable service by five percent
15 (5%).
1 6 2. Should Grantee desire to raise the rate
17 for cable service in excess of the amount allowed
18 under Section 9.OlBl, above, Grantee must apply
19 to Grantor for approval by filing a proposed rate
20 schedule with Grantor, w h i c h application s h a 1 1
21 include any justification(s) therefore. Within
22 thirty 3 0 ) days of the filing of the rate
23 schedule, Grantor shall schedule a public hearing
24 on the requested rate increase, at which time all
25 parties desiring to be heard, including Grantee,
26 s h a 1 1 be afforded an opportunity to be heard.
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I
I Within thi rty (3 0) days of the publ ic hearing,
2 Grantor shall either approve the rate increase or
3 notify Grantee in writing of its decision to deny
4 the rate increase. The criteria for Grantor's
5 decision shall be the establishment of rates
6 which are "fair and reasonable" to both Grantee
7 and its Subscribers, al I owi ng for a reasonable
8 rate of return for Grantee. Should Grantor fail
9 to act on an application for a proposed rate
10 increase within sixty (60) days of the filing of
11 the application, the proposed rate increase may
12 automatically go into effect.
13 9.02 Rate Changes.
14 A. Prior to implementing any rate increase,
15 Grantee s h a I 1 gi ve Grantor and a I 1 Subscribers at
16 least twenty-five (25) days advance notice.
17 B. If a Subscriber requests a downgrade of
1 8 service prior to the effective date of a rate
1 9 increase, the Subscriber s h a 1 1 not be charged a
20 downgrade charge or fee.
21 c . If a Subscriber requests disconnection from
22 service prior to the effective date of an increase in
23 rates , the Subscriber s h a 1 1 not be charged the
24 increased rate if Grantee fails to disconnect service
25 prior to the effective date. Any Subscriber who has
26 paid in advance for the next billing period and.who
-4 7 -
I requests disconnection from service s h a 1 i receivea
2 prorated refund of any amounts paid in advance.
3 9.03 Subscriber Complaint Practices.
4 A . Grantee shall maintain an office within the
5 CitY which s h a 1 1 be open during all usual business
6 hours. Grantee shall have a publicly-listed telephone
7 number. toll-free for calls placed within the City,
8 operated to receive Subscriber Complaints and requests
9 on a twenty-four (24) hours-a-day, seven (7)
10 days-a-week basis. A written I o g available for
11 Grantor's inspection shall be maintained listing a 1 1
12 Complaints and their dispositions, and s h a I 1 be
13 maintained for a rolling period of six (6) months. In
14 a d d i t i o na 1 1 written Complaints will be retaineda
15 minimum of one year or until resolved.
16 B. Grantee shall render efficient service, make
17 repairs promptly and interrupt service only for good
18 cause and f 0 r the shortest time possible. Such
19 interruptions, to the extent possible, s h a I 1 be
20 preceded by notice to Grantor and Subscribers, and
21 s h a 1 1occur during periods of minimum use of the
22 System. A written log a v a i 1 a b 1 e for Grantor's
23 inspection s h a 1 1 be maintained for a 1 1 service
24 interruptions, and shall be maintained for a rolling
25 period of six (6) months.
26 C. Grantee shall maintain adequate telephone
27 lines and personnel to respond in a timely manner to
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6
1 schedule service cal 1 s and answer Subscriber
2 Complaints or inquiries as required herein. The hours
3 of the customer service department shall at a
4 minimum, be as set forth in Exhibit 1.
5 D. Subscriber requests for maintenance or
6 repairs shall be performed whenever possible by the
7 end of the next day. In the alternative, Grantee will
8 offer Subscribers scheduled morning or afternoon
9 appointments, as available, within ten (10) days.
10 E. Service calls for maintenance or repair to
11 Grantee-installed equipment on a Subscriber's premises
12 s h a 1 1 be performed at no charge unless such
13 maintenance or repair is necessitated by the
14 negligence or actions of the Subscriber, his household
15 and guests.
16 F. If Grantee fails to correct a confirmed
17 service problem wi thi n twenty-four ( 24 ) hours of
1 8 notice to Grantee, the Subscriber shal 1 be entitled
19 upon notification to Grantee of a credit of 1/30th of
20 the monthly charge to the Subscriber for each
21 twenty-four ( 24 hours during which a Subscriber i s
22 without service.
23 9.04 Subscriber Service Information. Grantee shal 1
24 provide written subscriber service information to each
25 Subscriber during each calendar year. Thi s information
26 shall include the following:
27 A. The procedure for investigation and
-4 9 -
6
1 res 01 ution of subsc riber s ervice Compl ai nts
2 B . Programming services and rates for such
3 services;
4 C. Billing practices as required by Section
5 9.06 hereof;
6 D. Service termination procedures;
7 E. Change in service procedures;
8 F. Converter policy;
9 G - Refund Policy; and
10 H. The address and telephone number of the
11 Grantor's office responsible for the administration of
12 the Franchise.
13 Grantee Shall provide a COPY of the subscriber
14 service information to Grantor for review and
15 comment.
16 9.05 N nges. Grantee s h a 1 1 provide each
17 Subscriber and Grantor notice of any Programming changes
18 or tier changes a minimum Of twenty-five (25) days prior
19 to such actions.
20 9.06 Subscriber Bil in2 Practices.
21 A. Grantee s h a I 1 notify each of its
22 Subscribers, through the written service information,
23 Of its billing practices. The service information
24 s h a 1 1 describe Grantee's billing practices, including
25 the following: frequency Of billing, time periods
26 upon which billing is based, advance billing
27 practices, security deposit requirements, charges for
- 5 0-
6
1 late payments or returned checks, payments necessary
2 to avoid account delinquency, availability of credits
3 for service Outages, Procedures to be followed to
4 request service deletions including the notice period
5 a Subscriber must give to avoid liability for such
6 services, and procedures to be followed in the event
7 of a billing dispute.
8 B. Grantee s h a I 1 notify a I 1 affected
9 Subscribers not less than twenty-five (25) days prior
1 0 to any material change In the billing practices and
11 such notice shall include a description of the changed
12 practice.
1 3 C. The Subscriber b i I I s h a 1 1contain the
14 following information presented in plain language and
15 format:
16 1. Name and address of Grantee;
17 2. The period of time over which service
18 is billed including prorated periods as a result
19 of the establishment and termination of service;
20 3. The date on whi ch services were
21 rendered;
22 4 .The rate or charge for each service or
23 package of services;
24 S. The amount of the bill for the current
25 billing period, separate from any balance;
26 6. Any applicable credits on the date
27 WhiCh they were applied;
-51 -
1 7 G rantee ' s te l ep hone numb er; and
2 8 The date on which payment !S due from
3 the Subscriber.
4 D. Grantee shall not impose a late charge on a
5 Subscriber unless:
6 1. The Subscriber has received more than
7 thirty 3 0 ) days of service for which the
8 SubsCriber has not paid; and
9 2. The Subscriber has received at least
10 five (5) days notice that a late charge will be
11 imposed.
12 9 . 0 7R In the event a Subscriber
13 establishes or terminates service and receives less than a
14 ful I month ' s service, Grantee s h a I Iprorate the monthly
15 rate on the basis of the number of days in the period for
16 which service was rendered to the number of days in the
17 billing.
18 9.08 An
19 A. Commencing in 1992, Grantee shall conduct an
20 annual survey of Subscribers. The survey s h a I 1be
21 prepared and conducted in good faith to assess
22 Subscriber satisfaction with System performance,
23 customer service, billing practices, community cable
24 needs, and programming services (including Access
25 Channel programming). The survey shall be:
26 1. A randomly selected sampl e
27 representative of the Subscriber population.
-52 -
2 Statistically val id with no great,r
2 than a .05 margin of error and no less than a 95%
3 confidence level.
4 B. The Grantee and Grantor s h a I 1 Jointly
5 develop the survey questionnaire.
6 c . The survey questionnaire shall be pre-tested
7 with a randomly-selected group of Subscribers to
8 ensure validity and reliability.
9 0. For all questions and variables, statistics
10 to be used to analyze the survey s h a 1 1 include
11 frequency distributions with percentages adjusted for
12 missing values and descriptive measures. Grantee and
13 Grantor shall jointly select the questions and/or
14 variables for which cross-tabulations, correlations,
15 and regression shall be performed.
16 E. Upon completion of the survey and its
17 analysis, Grantee s h a I I provide Grantor a complete
18 report of the results in a bound report, which Will
19 include the following sections:
20 1. Table of contents.
21 2. Executive summary.
22 3. Li st i n tabl e format of detai 1 ed
23 findings with corresponding statistics per
24 question/variable. including demographic profile
25 of the respondents.
26 4. Survey objective, scope and methodology.
27 5 - Copy of survey questionnaire.
-5 3 -
6
1 6 Li st of names wi th addresses and phone
2 numbers to contact for more information about the
3 survey and its interpretations.
4 9.09 Interruption of Service.
5 A. Absent conditions beyond the reasonable
6 control of Grantee, Grantee shall at all times use its
7 best efforts to maintain all parts of the System in
8 good condition and repair through the term of this
9 Franchise so as to provide service to all Subscribers
10 on an uninterrupted basis.
11 B. Grantee shall promptly notify Grantor during
12 usual business hours of any Significant Outage in the
13 operation of the System. For the purpose of this
14 Section, a "Significant Outage in the operation of the
15 System" s h a I 1 mean any Outage of a duration of at
16 least four (4) hours to at least fifteen percent (15%)
17 of the Subscribers. Grantee shall keep an Outage log
18 in which a 1 1 Significant Outages s h a 1 1 be regularly
19 logged and will be maintained on a rolling six ( 6 )
20 month basis. Grantor shall have access to such log
21 upon reasonable notice and at reasonable
22 times.
23 C. For the purpose of computing the duration of
24 an outage, the period begins when Grantee has actual
25 notice of said Outage and shall cease when service has
26 been restored.
5 4-
i
I SECTION In
OVISIONS.
2 10.01 Payment to Grantor.
3 A. Grantee shall pay to Grantor an annual
4 amount equal to five percent 5 % ) of its Gross
5 Revenues. The foregoing payment shall be compensation
6 for use of Streets and other Public Property. The
7 amount is deemed fair and reasonable.
8 B. Payments due Grantor under this provision
9 shall be computed at the end of each quarter of a year
10 for that quarter. Payments shall be due and payable
11 for each quarter or a portion of a quarter on January
12 31 , April 30, July 31 and October 31. Each payment
13 shall be accompanied by the Quarterly Report set forth
14 in Section 8. 04 showing the b a s i s for the
15 computation.
16 C. No acceptance of any payment shal 1 be
1 7 construed as an accord that the amount paid is in fact
18 the correct amount, nor shall such acceptance of
19 payment be construed as a release of any claim Grantor
20 may have for further or additional sums payable under
21 the provisions of this Franchise. Al 1 amounts paid
22 shal 1 be su@bject to audit and recomputation by
23 Grantor.
24 D - With each Annual Report required pursuant to
25 Section 8 .03 , Grantee shal I provide Grantor with a
26 comfort letter as to the accuracy of the Gross
27 Revenues for the preceding year prepared by an
-5 5 -
I independent certified public accountant. This Comfort
2 letter Shall be used to determine the exact amount of
3 Payments due Grantor and to correct any overpayments
4 or underpayments by Grantee.
5 E. In the event any payment is not made on the
6 due date, interest on the amount due shall accrue from
7 such date at the then current Prime Rate as determined
8 by Chase Manhattan Bank, N.A. until paid.
9 10.02 ond.
10 A. At the time the Franchise is accepted,
11 Grantee s h a 1 1 furnish and f i I e with the Grantor a
12 performance and payment bond, or a performance and
13 payment bond together with such other security as is
14 approved by Grantor. The bond shall run to Grantor in
15 the penal sum of Four Hundred Thousand Dollars
16 ($400,000). The bond shall be conditioned upon the
17 faithful performance of Grantee of a 1 1 terms and
18 conditions of the System Upgrade. The rights reserved
19 to Grantor with respect to the bond or other security
20 are in addition to all other rights Grantor may have
21 under the Franchise or any other law.
22 B. The bond shall be subject to the approval of
23 Grantor and s h a I I contain the following
24 endorsement:
25 lit is hereby understood and aoreed that
26 this bond may not be cancelled-without the
27 consent of the City until sixty (60) days
28 after receipt by the City by registered
- 5 6-
1 mail return receidt requested.
2
intent tO can-cel or not
3 writien notice of of a
tO renew."
4 10.03 Letter of Credit.
5 A, At the time this Fr,,chise is accepted.
6 Grantee shall provide to Grantor an irrevocable Letter
8 i
7 Of Credit in a for, acceptable to the CitY AttorneY n
the principal amount of Thirty Five Thousand Dollar,
9 ($35,ooo).
10 B. The Letter of Credit sha 11 serve as security
11 for:
12 1. The faithful performance bY Grantee of
13 all the terms and conditions of the Franchise;
14 2. Any expenditure, damage or loss
1 5 incurred bY Grantor occasioned bY Grantee's
16 unexcused or uncured failure tO cOmPlY with all
17 rules .regulations, orders, permi ts and other
1 8 directives Of Grantor issued pursuant to th i s
1 9 Franchise;
20
3. The payment bY Grantee of all lawful
21 liens. taxes, damages, claims, costs or expenses
22 which Grantor has been compelled to PaY or has
23 Incurred b'y reason of any act or default of
24 Grantee under this Franchise and all other
25 payments due Grantor from Grantee pursuant to
26 this Franchise; and
27 4. The loss of any payments required t6 be
-5 7 -
1 made by Grantee to Grantor which would have been
2 received by Grantor but for Grantee's failure to
3 perform its obligations pursuant to this
4 Franchise, during the period of time between
5 Grantee's unexcused or uncured failure to perform
6 and the date in which Grantor takes over, or
7 authorized any other person to take over, the
8 construction operation or maintenance of the
9 System necessitated by such failure.
10 C. Provision shall be made to permit Grantor to
11 make draws against the Letter of Credit. Grantee
12 shall not use the Letter of Credit for other purposes
1 3 and s h a I 1 not assign, pledge or otherwise use this
14 Letter of Credit as security for any purpose.
15 D. Within five (5) days after notice to it that
16 any amount has been drawn by Grantor a g a i n s t the
17 Letter of Credit pursuant to thi s Secti on , Grantee
1 8 s h a 1 1 restore such Letter of Credit to the required
19 amount.
20 E. If Grantee f a i 1 s to repay to Grantor any
21 damages, costs or expenses which Grantor shal I be
22 compelled to 0'ay by reason of any act or default of
23 Grantee in connection with this Franchise, or fails,
24 after thirty ( 30 ) days' notice of such failure by
25 Grantor, to comply with any provision of the Franchise
26 which Grantor reasonably determines can be remedied by
27 an expenditure of the security, Grantor may
- 5 8 -
1 then 'seek to withdraw such funds from the Letter of
2 Credit.
3 10.04 Penallties Tfr Credit. In addition to
4 any other remedies provided herein, Grantor and Grantee
5 understand and agree that the failure to comply with any
6 time and performance requirements set forth in this
7 Section will result in damage to the Grantor and that it
8 is and will be impracticable to determine the actual
9 amount of such damage in the event of delay or
10 non-performance. Accordingly, as a result of any acts or
11 omissions by Grantee, the Grantor may draw from the Letter
12 of Credit the following penalties:
13 A. For failure to complete the System Upgrade
14 in accordance with Section 7.01 of this Franchise, the
15 penalty shall be Two Hundred ($200) per day for each
16 day or part there of , such fail ure occurs or
1 7 continues, unl ess such schedule i s extended as set
18 forth in Section 14.16.
1 9 B . For f ail ure to provide data , documents,
20 reports or information to Grantor pursuant to Section
21 8 of this Franchise, or to participate with the
22 Grantor during a periodic evaluation pursuant to
23 Section 8.06 of this Franchise, the penalty shall be
24 Two Hundred Dollars ($200) per day.
25 C. For failure to test, analyze and report on
26 the performance of the System following a reasonable
27 request by Grantor pursuant to Sections 5.06 and
- 59 -
1 5 .07 ' of this Franchise, the penalty s h a I 1 be Two
2 Hundred Dollars ($200) per day.
3 D . Absent conditions beyond the reasonable
4 control of Grantee, for f ail ure o f Grantee to
5 substantially comply with the construction, operation
6 or maintenance standards set forth in Section 7 of
7 this Franchise, the penalty shall be Two Hundred
8 Dollars ($200) per day.
9 E. For failure to substantially comply with all
10 conditions of Grantor's permits to disturb Streets,
11 fix Streets, or other terms or conditions of the
12 Grantor, pursuant to Section 7 of this Franchise, the
1 3 penalty s h a 1 1 be Two Hundred Dollars $2 0 0 ) per
14 day.
15 F. For failure to substantially comply with any
16 material provision of this Franchise for which a
17 penalty is not otherwise specifically provided, or for
18 repeated failure to comply with any other provision of
19 the Franchise for which a penalty is not otherwise
20 specifically provided, after notification by Grantor
21 of Grantee's noncompliance, the penalty shall be Two
22 Hundred Dollars ($200) per day.
23 10.05 Procedure for Imposition of Penalties.
24 A. Whenever Grantor f i n d s that Grantee has
25 violated one (1 or more terms, conditions or
26 provisions of this Franchise for which relief. is
27 available against the Letter of Credi t, a written
- 60 -
6 e The written notice
1 notice shall be given to Grante
2 shall describe in reasonable detail the violation so
3 as to afford Grantee an opportunity to remedy the
4 violation. Grantee shal I have twenty 2 0) days
5 subsequent to receipt of the notice in which to
6 correct the violation before Grantor may resort to the
7 Letter of Credit. Grantee May, within seven (7) days
8 of receipt of notice, notify Grantor that there is a
9 dispute as to whether a Violation has, in fact,
10 occurred. Such notice by Grantee to Grantor shall
11 specify with particularity the matters disputed by
12 Grantee and shall stay the running of the
13 above-described time.
14 1. Grantor or its designee shall hear
15 Grantee's dispute at a meeting called in a timely
16 manner. Grantee shall be afforded notice of the
17 meeting not less than seven (7) days prior to the
18 meeting and shall be afforded an opportunity to
19 participate in and be heard at this meeting.
20 Grantor or its designee shall supplement the
21 decision with written findings of fact.
22 2. if after hearing the dispute Grantor
23 makes a final determination that a violation has
24 occurred, Grantee shall have seven (7) days from
25 such a determination to either remedy the
26 violation, or file an appeal de novo with, an
27 appropriate state or federal court or
- 61 -
I agency. If at any time after the seven (7) day
2 period, Grantee has not remedied the violation or
3 has not filed an appeal de novo, Grantor may draw
4 a g a i n s t the security fund a 1 1 penal ti es due
5 i t.
6 3 . If Grantor's findings are uphel d upon
7 appeal, Grantee shal 1 have seven ( 7 ) days from
8 such adetermination to remedy the violation, and
9 the Grantor may draw against the security fund
10 all penalties due it.
11 B. The time for Grantee to correct any
12 violation or liability may be extended by Grantor if
13 the necessary action to correct such violation or
14 liability is of such a nature or character to require
15 more than twenty (20) days within which to perform,
16 provided Grantee commences the correction action
17 within the twenty (20) day period and thereafter uses
18 reasonable diligence to correct the violation or
19 liability.
20 C. The Letter of Credit provided pursuant to
21 this Section shall become the property of Grantor in
22 the event that the Franchise is revoked for cause.
23 Grantee, however, shall be entitled to the return of
24 the Letter of Credit as remains on file at the
25 expiration of the term of the Franchise.
26 D. The rights reserved to Grantor with respect
27 to the Letter of Credit are in addition to all
- 6 2 -
1 other rights of G rantor whether reserved by this
2 Franchise or authorized by law, and no action,
3 proceeding or exercise of a right with respect to such
4 Letter of Credit shall affect any other right Grantor
5 Tnay have.
6 10.06 Damages and Defenses.
7 A. Grantee s h a 1 1be responsible for, defend,
8 indemnify and hold Grantor harmless from and against
9 any damage or loss to any real or personal property of
10 Grantor or any person, and for injury to or death of
11 any person and any officer, employee or agent of
12 Grantor arising out of or in connection with the
13 construction, operation, maintenance, repair, or
14 removal of, or any other action of Grantee with
15 respect to, the System, any service or rel ated
1 6 activity, or the distribution of any service over the
17 System.
18 B. Grantor, its officers, employees and agents
19 shall not be liable for any loss or damage to any real
20 or personal property of any person, or for any injury
21 to or death of any person, arising out of or in
22 connection with the construction, operation,
23 maintenance, repair or removal of, or other action or
24 event with respect to the System, except as may result
25 from the acts of Grantor, its officers, employees and
26 its agents.
27 C. Grantee shall be responsible for, defend,
-63-
1 indemnify, and hol d harmless Grantor, its officers,
2 employees and agents, from and against any and all
3 liability, damages, costs and expenses (including
4 reasonable attorneys' fees) arising out of or in
5 connection with the construction, operation,
6 maintenance, repair, or removal of the System, or as a
7 result of the procedures for granting this Franchise
8 or the granting of thi s Franchise or of Grantee's
9 exercise of this Franchise.
1 0 D . In order for Grantor to assert its rights to
I 1 be indemnified, defended, and held harmless, Grantor
12 must:
13 1. Promptly notify Grantee of any claim or
14 legal proceeding which gives rise to such right;
15 2. Afford Grantee the opportunity to
16 participate in and fully control any compromise,
17 settlement or other resolution or disposition of
18 such claim or proceeding; u n 1 e s s , however,
19 Grantor reasonably determines that its interests
20 cannot be represented in good faith by Grantee;
21 and
22 3. Fully cooperate with the reasonable
23 requests of Grantee, at Grantee's expense, in its
24 participation in, and control, compromise,
25 settlement or resolution or other disposition of,
26 such claim or proceeding subject to Section
27 1 0 .06D2 .
- 64 -
I E I n the event Grantor reasonably determines
2 that its interests cannot be represented in good faith
by Grantee, Grantee shall pay all reasonable expenses
3 regard to
4 incurred by Grantor in defending itself with
5 all damages mentioned in Section 10.06A above. These
6 expenses shall include all out-of-pocket
7 expenses, such as attorney's fees and
8 costs.
9 10.07 nsurance. provided by
10 A. As a part of the indemnification
11 Section I 0 .06 , but without limiting the foregoing,
12 Grantee shall f i 1 e with its acceptance of thi s
1 3 Franchi se, and at all times thereafter maintain in
14 full force and effect at its sol e expense, an
1 5 acceptabl e pol i cy or pol ici es of 1 i abi I i tY i nsurance ,
1 6 i ncl udi ng comprehensive general 1 i abi 1 i tY insurance,
17 products/completed operations liability, personal
18 injury liability, broad form property damage,
19 contractual liability, automobile liability (owned,
20 non-owned and hired automobiles) and worker's
21 compensation. Except for worker's compensation and
22 for liabilities arising from this Franchise, the
23 pol i cy or pol i ci es shal I name as additional insured,
24 Grantor, and in their capacity as such, its officers,
25 agents and employees. Grantee Will provide
26 comprehensive liability coverage and automobile
ility coverage with a combined single limit of not
27 liab
-6 5 -
1 i e s sthan one Mi II i o n Dollars ($1,000,000), and a n
2 Excess Li abil ity Pol icy with a combined single limit
3 of not I e s s than Two Million Dollars ($2,000,000).
4 The insurance policy or pol i c i e s shal I contain
5 contractual liability insurance naming Grantee, and
6 shall insure against the types of liabilities covered
7 by the indemnification and hold harmless provision of
8 Section 10.06.
9 B. The policy or policies of insurance shall be
10 maintained by Grantee in full force and effect during
11 the entire term of the Franchise. Each certificate of
12 insurance shall contain a statement on its face that
13 the insurer will not cancel the policy or f a i 1 to
14 renew the policy, whether for nonpayment of premium,
15 or otherwise, and whether at the request of Grantee or
16 for other reasons, except after thirty (30) calendar
17 days' advance written notice mailed by the insurer to
18 Grantor and that such notice shall be transmitted
19 postage prepaid, and return receipt.
20 1 0 .0 8 e. In addition to all
21 other rights which Grantor has pursuant to law or equity,
22 Grantor reserves the right to revoke, terminate or cancel
23 this Franchise, and all rights and privileges pertaining
24 thereto, in the event that in the judgment
25 of Grantor:
26 A. Grantee violates and f a i 1 s to cure -any
27 material provision of this Franchise to the detriment
-66 -
1 of Grantor; or
2 B . Grantee attempts to evade any of the
3 material provisions of this Franchise; or
4 c . Grantee practices any fraud or deceit upon
5 Grantor or a Subscriber; or
6 D. Grantee becomes insolvent, unable, or
7 unwilling to pay its just debts, or is adjudged as
8 bankrupt; or
9 E. Grantee knowingly misrepresents a material
I 0 fact in the application for or negotiation of , or
I I renegoti ation of , or renewal of , the Franchi se, whi ch
12 is relied upon by Grantor.
13 10.09 Procedures f
1 4 A. Grantor shall provide Grantee with a written
15 notice of the cause for revocation and the intent to
16 revoke and s h a 1 1 allow Grantee thirty 30 ) days
17 subsequent to receipt of the notice in which tO
18 correct the violation or to provide adequate assurance
19 of performance in compliance with the Franchise.
20 Grantor shall provide Grantee with written findings of
21 fact which are the basis of the revocation.
22 B. Grantee shall be provided the right to a
23 publ ic hea ri ng affording due process before Grantor
24 prior to revocation.
25 C. After the publ ic hearing and upon
26 determination by Grantor to revoke the Franchise,
27 Grantee shall have a period of thirty (30) days from
- 67 -
1 the date of Grantor s determination within which tO
2 file an appeal de novo with an appropriate state or
3 federal court or agency.
4 D. During the appeal period, the Franchise
5 shall remain in full force and effect.
- 68 -
I SECTION ii. . RECEIVERSHIP AND ABANDONMENT.
2 11.01 Foreclosure. Upon the foreclosure or other
3 judicial sale of the System. Grantee shall nc)tify Grantor
4 of such fact and such notification shall be treated as a
5 notification that a change in control of Grantee has taken
6 place, and the provisions of this Franchise governing the
7 consent to transfer or change in ownership shal 1 apply
8 without regard to how such transfer or change in ownership
9 occurred.
10 I 1 .02 Grantor shall have the right to
11 cancel this Franchise subject to any applicable provisions
12 of federal or Virginia law, including the Bankruptcy Act,
13 one hundred and twenty (120) days after the appointment of
14 a receiver or trustee to take over and conduct the
15 business of Grantee, whether in receivership,
16 reorganization, bankruptcy or other action or proceeding,
17 unless such receivership or trusteeship shall have been
18 vacated prior to the expiration of said one hundred and
19 twenty (120) days, or unless:
20 A. Within one hundred and twenty 1 2 0 days
21 after hi s election or appointment, such receiver or
22 trustee shal .1 have fully complied with a 1 1 the
23 provi si ons of thi s Franchl se and remedi ed al I def aul ts
24 thereunder; and
25 B . Such receiver or trustee, within said one
26 hundred and twenty (120) days, shall have executed an
27 agreement, duly approved by the Court having
- 69 -
I jurisdiction in the premises, whereby such receiver or
2 trustee assumes and agrees to be bound by each and
3 every provision of this Franchise.
4 1 1 .0 3 bandonment- Grantee may not abandon any
5 portion of the System without having first given three (3)
6 months written notice to Grantor. Grantee fnay not abandon
7 any portion of the System without compensating Grantor for
8 damages resul ti ng from the abandonment. Grantor may
9 recover from Grantee, its parent company or subsidiaries
10 for the reasonable cost of removal of the
11 System.
-7 0-
RCHASE.
ISECTIL 11- and Non-Renewals or
2 12.01
3 e ocation.
4 A. At the expiration of the term for which the
5 Franchise is granted, and absent renewal, or upon its
6 revocation, as provided for, Grantor shall have the
7 right to require Grantee to remove, at Grantee's
8 expense, all or any portion of the System from all
9 Streets and Public Property within the City. In so
10 removing the System, Grantee shall refill and compact
11 at its own expense, any excavation that Shall be Tnade
12 and shal 1 leave a I 1 Streets, Publ ic Property and
13 private property in as good a condition as that
1 4 prevailing prior to Grantee's removal of the System,
15 and without affecting, altering or disturbing in any
16 way electric, telephone or utility, cables, wires or
17 attachments. Grantor shall have the right to inspect
is and approve the condition of such Streets and Public
19 Property after removal. The Letter of Credit,
20 insurance, indemnity and penalty provision of the
21 Franchise shall remain in full force and effect during
22 the entire term of removal.
23 B. if , in the sol e discretion of Grantor,
24 Grantee has failed to commence removal of the System,
25 or such part thereof as was designated, within thirty
26 (30) days after written notice of Grantor's demand for
27 removal is given, or if Grantee has failed to
-71 -
I complete such removal wi thi n one (i ) year af ter
2 written notice of Grantor's demand for removal is
3 given, Grantor shall have the right to exercise one Of
4 the following options:
5 1. Deci are al I right, title and interest
6 to the System to be in Grantor with all rights of
7 ownership including, but not limited to, the
8 right to operate the System or transfer the
9 System to another for operation by it; or
10 2. Declare the System abandoned and cause
11 the System, or such part thereof as Grantor shall
12 designate, to be removed at no cost to Grantor.
13 The cost Of s a i dremoval s h a 1 1be recoverable
14 from the Letter of Credit, indemnity and penalty
15 section provided for in the Franchise, or from
16 Grantee directly.
17 12.02 Sal
18 A. Neither this Franchise nor a majority of the
19 assets of the System hereunder shall be sold, assigned
20 or transferred, either in whole or in part, or leased
21 or sublet in any manner, or shall title thereto,
22 either legal or equitable, or any right, interest or
23 property therein, pass to or vest in any Person
24 without full compliance with the procedures set forth
25 in this Sectlon.
26 B. The provisions of this Section shall apply
27 to the sale or transfer of all or a majorit@ of
- 7 2 -
I Grantee's assets, merger (including ny parent and its
2 subsidiary corporation), consolidation, creation of a
3 subsidiary corporation, or sale or transfer of stock
in Grantee or its parent company so as to create a new
4 t in the System. The term
5 controlling interes t'. as used herein is nOt limited
6 ..controlling interes but i ncl udes actual
7 to majority stock ownership.
8 working control in whatever manner exercised.
9 1 . The parties to the sale or transfer
I 0 shall make a written request to Grantor for its
11 approval of a sale or transfer. The request
12 shall include the bona fide offer as set forth in
13 Section 12.03. if appropriate. ing within
14 2. Grantor shall reply in writ
15 one Hundred Twenty (120) days of the request and
16 shal Iindicate whether it will approve or deny
17 the requested sale or transfer, or exercise the
first refusal. During this period,
18 right of ings as are
19 Grantor will conduct such public hear
20 necessary, and Grantee will be provided notice of
21 such hearings.
22 3. Should Grantor determine that an
23 extension of the One Hundred Twenty (1 2 0) day
24 period set forth above is necessary. Grantor may
25 request an extension from Grantee, which
26 extension shall not be unreasonably withheld. .
4. within sixty (60) days of any transfer,
27
-7 3 -
I Grantee shall file with Grantor a copy of the deed,
2 agreement, mortgage, lease or other written instrument
3 evidencing such sale, transfer of ownership or control
4 or lease, certified and sworn to as correct by
5 Grantee.
6 5. in the event Grantor approves any Such
transfer, the parties to the
7 assignment or
8 assignment or transfer shall pay all reasonable
9 costs and expenses incurred by Grantor in
10 connection with such approval. including the
11 costs of any legal. technical and financial
12 consultants retained to assist Grantor in
13 reviewing the assignment or transfer request and
14 determining whether to exercise its right of
15 first refusal .
16 C. In reviewing a request for sale or transfer
17 Grantor may inquire into the legal , technical and
18 financial qualifications of the prospective
19 controlling party. and Grantee shall assist Grantor in
20 so inquiring. Grantor may condition said transfer
21 upon such terms and conditions as it deems reasonably
22 appropriate, including modifications to the terms and
23 conditions of this Franchise; provided, however, that
24 Grantor shall not unreasonably withhold its approval
25 In no event shall a transfer or assignment
be approved without
26 of ownership or control
27 the transferee becoming a signatory to this
-7 4 -
1 Franchise.
2 1 2 . 0 3 Grantor's Right to Purchase the System.
3 Grantor shall be entitled to a right of first refusal of
4 any bona fide offer to purchase the System made to
5 Grantee. "Bona fide offer" as used herein means a written
6 letter of intent which has been signed by the offeror and
7 accepted by Grantee. Should Grantor determine not to
8 exercise its right of first refusal, Grantor shall have no
9 further right to purchase the System unless there is a
10 significant alteration of the price, terms and conditions
11 between the bona fide offer and the def i ni ti ve s a I e s
1 2 agreement. The price, terms and conditions of Grantor's
13 right of first refusal s h a 1 1 be those contained in the
14 bona fide offer. Should Grantor determine to exercise its
15 right of first refusal, Grantor shall diligently proceed
16 to consummate the sale. Failure to do so shall be deemed
17 to be a determination not to exercise the right of first
18 refusal and approval of the associated sale or transfer
19 request.
20 1 2 . 04 Purchase by Grantor Upon Expiration and
21 Non-Renewa ion.
22 A. Grantor may, upon the payment of a f a i r
23 valuation, purchase, take over and hold the System of
24 Grantee in the City, in whole or in part, in the
25 following circumstances:
26 1. If such purchase or taking over be- at
27 the expiration and non-renewal of the Franchise,
-7 5 -
1 such val uation s h a 1 1be a t f a i rmarket value
2 determined on the basis of the System valued as a
3 going concern, exclusive of the value attributed
4 to the Franchise itself. Fair market value shall
5 be determined by the average of two independent
6 appraisals made by competent appraisers, one
7 selected by Grantor and one selected by
8 Grantee.
9 2. If such purchase or taki ng over be at
I 0 the revocation of the Franchi se, such valuation
11 shall be at an equitable price.
12 B. In no event s h a 1 1any val uation upon the
1 3 purchase at expiration and non-renewal or revocation
14 be given to the Franchise.
-7 6-
I SECTION 13. RIGHTS OF INDIVIDUALS PROTECTED.
2 1 3 . 01 Disc ri minatory Practices Prohibited. Grantee
3 s h a 1 1 not deny service, deny access, or otherwise
4 di scrimi nate against Subscribers, programmers or general
5 citizens on the basis of race, color, religion, national
6 origin, sex, age or handicap. Grantee shali comply at all
7 times with all other applicable federal, state and local
8 laws, and all executive and administrative orders relating
9 to non-discrimination.
10 1 3 . 0 2 Subscriber Privacy. Grantee shall comply with
11 the provisions of 47 U . S . C . Section 5 51 as currently
1 2 written and as may from time to time be subsequently
13 amended.
7 7 -
I SECTION 14. MISCELLANEOUS PROVISIONS.
2 1 4 . 01 Compliance with Laws . Grantee and Grantor
3 s h a I 1 comply with all state and federal laws and rul es
4 regarding cabl e tel evi sion as they become effective.
5 Grantee s h a 1 1 al so comply with a 1 1 City ordinances,
6 resolutions, rul es and regulations of general
7 applicability heretofore or hereafter adopted or
8 established during the entire term of the Franchise.
9 14.02 Franchise Renewal.
I 0 A. Any renewal of this Franchise shall be done
11 in accordance with applicable federal, state and local
12 laws and regulations.
13 B. In the absence of any appl icabl e I aw. a
1 4 request by Grantee for renewal of this Franchise shall
15 be considered in accordance with the following
16 provisions:
17 1. During the six-month period that begins
18 July 1, 2003, and ends on December 31,2003,
19 Grantee shall notify Grantor, in writing, whether
20 or not it intends to seek renewal of the
21 Franchise, and if so, s h a 1 1 request Grantor to
22 commence consideration of its request for
23 Franchise renewal.
24 2. From the date of receipt of Grantee's
25 notification of a request for renewal
26 consideration until June 30, 2004, Grantor shall
27 conduct such review of information, public forums
-7 8-
I and/or subscriber surveys a s it deems, in its
2 sole discretion, appropriate and necessary to
3 review the following: (a ) the cable-related
4 needs and interests of the community; and (b) the
5 performance of Grantee under this Franchise.
6 3. From the date of receipt of Grantee's
7 notification of its request for renewal
8 consideration until June 30, 2004, Grantor shall
9 a I s o conduct such administrative review as it
10 deems, in its sole discretion, appropriate and
11 necessary to determine the following:
12 ( i ) Whether Grantee has substantially
13 complied with the material terms of
14 thi s Franchise and with applicable
15 law;
16 (ii ) Whether the quality of Grantee's
1 7 service, including signal quality, response
18 to consumer complaints, b i 1 1 i n g practices,
19 and the mix, quality, or level of cabl e
20 services or other services provided over the
21 System, but wi thout regard for speci fi c
22 programming deci si ons , has been reasonable
23 in light of community needs; and
24 (iii) Whether Grantee has the
25 financial , legal , and technical ability to
26 provide the services, facilities, and
27 equipment necessary to meet the present and
7 9 -
1 future needs of the community.
2 4 - At the completion of the proceedings
3 under this paragraph, Grantor shall submit to
4 Grantee, prior to December 31 , 2004, a n
5 Application and a Draft for Response. Grantee
6 shal I respond to the Appl ication and Draft for
7 Response prior to April 30, 2005, and Grantor and
8 Grantee shall enter into good faith negotiations
9 on a final draft of the Franchise Agreement.
10 Such negotiations s h a 1 1 be completed prior to
11 December 31, 2005.
12 5. During the period from January 1, 2006,
13 to April 3 0 , 2006, the final draft of the
14 Franchise Agreement s h a 1 1 be submitted to City
is Council for its review and comments. During this
16 same period of time, such public hearings as may
17 be necessary to provide the public the
18 opportunity to comment on the Agreement shall be
19 conducted, and the Franchise Agreement shall be
20 submitted to the Council for final consideration.
21 6. By Agreement of Grantor and Grantee,
22 the time periods set forth herein may be
23 modified when such modification is deemed
24 to be in the best interests of Grantor and
25 Grantee.
26 7. Any decision by Grantor to deny a
27 request for renewal shall be in writing and shall
-80-
1 be based on one or more adverse findings made
2 with respect to the factors described in
3 paragraph 3 or on the failure of Grantor and
4 Grantee to agree to reasonable terms and
5 conditions of a renewal. Grantor may not base a
6 denial of a request for renewal on a failure to
7 substantially comply with the material terms of
8 the Franchise under Section 14.02B3(i) or on
9 events considered under Section 14.02B3(ii)
10 unless Grantor has provided Grantee with notice
11 and the opportunity to cure, or in any case in
12 which it is documented that Grantor has waived
13 its right to object, or has effectively
14 acquiesced.
15 8. (a) If Grantee's request for renewal
16 is denied by a final decision of Grantor made
1 7 pursuant to this Section. or has been adversely
18 affected by a failure of the requirements of this
1 9 Section, Grantee may appeal such final decision
20 or failure.
21 ( b ) Any decision of Grantor to deny a
22 request for renewal shall not be considered final
23 unless all Judical and/or administrative review
24 by courts and/or agencies of competent
25 Jurisdiction has occurred or the opportunity
26 therefor has lapsed.
27 9. Nothing in this Section shall be
81 -
I construed to create a presumption of renewal of
2 this Franchise or to limit the right of Grantor
3 to grant additional franchise(s) for a SyStem as
4 set forth in Section 4.09.
5 C. Grantor may utilize the services of legal,
6 technical and financial consultants to a s s i s t in
7 reviewing Grantee's request for renewal. Upon
8 renewal, Grantee agrees to reimburse Grantor for the
9 first Fifty Thousand Dollars ($50,000) of all
10 reasonable costs incurred as a result of the renewal
11 process, including consulting costs. Costs above
12 Fifty Thousand Dol I ars ($50,000) shall be shared
13 equally by Grantee and Grantor, up to a maximum
14 reimbursement by Grantee of Sixty-Five Thousand
15 Dollars ($65,000).
16 1 4 . 0 3 Continuity of Service andatory. Upon
17 expiration and non-renewal or the termination of this
18 Franchise, Grantor may require Grantee to continue to
19 operate the System for an extended period of time not to
20 exceed six (6) months. Grantee shall, as trustee for its
21 successor in interest, continue to operate the System
22 under the terms and conditions of this Franchise. In the
23 event Grantee does not so operate the System, Grantor may
24 take such steps as I t ,in its sole discretion, deems
25 necessary to assure continued service to Subscribers.
26 14.04 Work Performed by Others.
27 A. All provisions of this Franchise shall
82 -
1 rema in the responsibility of Grantee, and Grantee
2 s h a 1 1 hol d Grantor harmless from and against any
3 claims or liability arising out of work performed by
4 Persons or entities other than Grantee.
5 B. All provisions of this Franchise shall apply
6 to any subcontractor or others performing any work or
7 services pursuant to the provisions of this Franchise.
8 C. Any subcontractor or other individual or
9 entity performing any work or services pursuant to the
10 provisions of this Franchise shall fully identify all
11 of its vehicles, and equipment by decals and signs.
12 All employees and agents of subcontractors and others
13 performing any work or services pursuant to the
14 provisions of thi s Franchise s h a I 1carry badges
1 5 identifying them as contractors for Grantee.
16 14.05 Con,pliance with Federal. State and Local Laws.
17 A. If any federal or state law or regulation
18 requires Grantee to perform any service or act, or
19 prohibits Grantee from performing any service or act,
20 which may be in conflict with the terms of this
21 Franchise, then as soon as possible following
22 Grantee 's knibwledge thereof, Grantee s h a I 1 notify
23 Grantor of the point of conflict believed to exist
24 between such law or regulation.
25 B. If any federal or state law or regulation
26 permi ts Grantee to perform any service or act, or
27 permits Grantee to cease the performance of any
- 83 -
1 service or act, which may be in conflict with the
2 terms Of thi s Franchise, then as soon as Possibl e
3 following Grantee's determination to exercise such
4 permission, Grantee shall notify Grantor of the point
5 of conflict believed to e x i s t between such law or
6 regulation.
7 C. If any term, condition or provision of this
8 Franchise or the appl ication thereof shall , to any
9 extent, be held to be invalid or unenforceable, the
10 remainder hereof and the application of such term,
11 condition or provision other than those as to whom it
12 shal Ibe hel d inval id or unenforceabl e shal 1 not be
13 affected thereby, and this Franchise and all the
14 terms, provisions and conditions hereof shall, in all
15 other respects, continue to be effective and to be
16 complied with. In the event that such law, rule or
17 regulation is subsequently repealed, rescinded,
18 amended or otherwise changed so that the provision
19 which had been held invalid or modified is no longer
20 in conflict with the law, rules and regulations then
21 in effect, s a i d provision s h a I 1 thereupon return to
22 full force and effect and shall thereafter be binding
23 on Grantee and Grantor.
24 D. Notwithstanding anything to the contrary, in
25 the event that any court, agency, commission,
26 legislative body or other authority of competent
27 jurisdiction i declares Section 5.05, 6.01, 6.06,
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1 6 .08. 10 . 01 , lo.06. or 1 3.02 in val id , in whole or in
2 part. or (ii) requires G rantee ei ther to (a) perform
3 any act which is inconsistent with any of the said
4 Sections or (b) cease performing any act required by
5 said Sections, Grantee shall immediately notify
6 Grantor. Such notice shal I state Whether Grantee
7 intends to exercise its ri ghts pursuant to such
8 declaration or requirement. If Grantor reasonably
9 determines within six ( 6 ) months of receiving such
I 0 notice that said declaration or requirement has a
I 1 material and adverse affect on the Franchise, the
1 2 Grantor shalt notify Grantee and Grantor and Grantee
13 will negotiate in good faith the required changes to
14 this Franchise. If after a reasonable time Grantor and
15 Grantee cannot agree, Grantor or Grantee may seek
16 declaratory relief in a court of competent
17 jurisdiction.
18 14.06 Nonenforcement by Grantor. Grantee shall
19 not be relived of its obligation tO comply with any of the
20 provisions of this Franchise by reason of any failure or
21 delay of Grantor to enforce prompt compliance. Any waiver
22 by Grantor of a breach or violation of any provision of
23 this Franchise shall not operate as or be construed to be
24 a waiver of any subsequent breach or Violation. liowever.
25 Grantor shall notify Grantee prior to Grantor's insistence
26 on strict performance subsequent to any previously waived
27 breach or delayed compliance.
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I 1 4 . 0 7 Admi r
2 A Grantor s h a 1 1 have conti nuing regulatory
3 jurisdiction and supervision Over the System and
4 G rantee ' s operation under the Franchi se. Grantor may
5 issue such reasonable rules and regulations concerning
6 the construction, operation and maintenance of the
7 System as are consistent with the provisions of the
8 Franchise. Grantor reserves the right to delegate and
9 redelegate from time to time any of its rights and
10 obligations under this Franchise.
11 B. Grantee shall construct, operate and
12 maintain the System subject to the supervision of a 1 1
13 the authorities of Grantor who have jurisdiction in
14 such matters and in strict compliance with all laws,
15 ordinances, and departmental rules and regulations
16 consistent with the provisions of the Franchise
17 affecting the System.
18 1 4 . 0 8 No Recours Against the Grantor. Grantee
19 s h a I Ihave no recourse whatsoever against Grantor or its
20 o f f i c i a 1 s , agents or employees for any I o s s , costs,
21 expense, or damage arising out of any provision or
22 requirement of @@th i s Franchise, or because of the
23 enforcement of the Franchise, or because of the Franchise
24 renewal process.
25 14-09 Ri hts Cumulative. All rights and remedies
26 given to Grantor and Grantee by this Franchise shall be in
27 addition to and cumulative with any and all other rights
-86-
1 o r remedies, exi sti ng or impl i ed , now or hereafter
2 available to Grantor and Grantee at law or In equity, and
3 such rights and remedies shall not be exclusive, but each
4 and every right and remedy specifically given by this
5 Franchise or otherwise existing or given may be exercised
6 from time to time and as often and in such order as may be
7 deemed expedient by Grantor and Grantee, and the exercise
8 of one or more rights or remedies shall not be deemed a
9 waiver of the right to exercise at the same time or
10 thereafter any other right or remedy.
11 1 4 .1 0Incorporation of Attachments. The attachments
12 to this Ordinance consisting of Exhibits A through I, as
13 specifically incorporated herein and made a part hereof.
14 14.11 Miscellaneous Violations.
15 A. From and af ter the acceptance of the
1 6 Franchise, it shall be unlawful to establish, operate
17 or to carry on the business of distributing in the
18 City any television signals or radio signals by means
19 of a System using Streets or Public Property unless a
20 Franchise therefor has first been obtained pursuant to
21 the provisions of an ordinance, and unless such
22 Franchise is in full force and effect.
23 B. From and after the acceptance of the
24 Franchise, it shall be unlawful for any Person to
25 construct, install or maintain within any Street in
26 the City, or within any other Public Property in the
27 City, or within any privately owned area within the
- 87 -
I City which has not yet become a public Street but is
2 designated or delineated as a proposed public Street
3 on any tentative subdivision map approved by Grantor,
4 or Grantor'S official map or Grantor's major
5 thoroughfare plan, any equipment Or facilities for
6 distributing any television signals or radio signals
7 through a System, unless a franchise authorizing such
8 use of such Street or property or areas has first been
9 obtained.
I 0 14.12 Emerg ncy Use. In the case of emergency or
11 disaster, Grantee shall , upon request of Grantor, make
12 available its facilities to Grantor for emergency use at
13 no cost to Grantor. Grantee shall also make available to
14 Grantor during the period of the emergency and without
15 cost to Grantor such personnel as may be required to
16 operate the facilities in order that the Mayor or a
17 designated representative may communicate with the
18 citizens of Grantor.
19 14.13 Captions. The paragraph captions and headings
20 in thi s Franchise are for convenience and reference
21 purposes only and shall not affect in any way the meaning
22 or interpretation of this Franchise.
23 14.14 Calculation of Time. Where the performance or
24 doing of any act, duty, matter, payment or thing is
25 required hereunder and the period of time or duration for
26 the performance or doing thereof is prescribed and fixed
27 herein, the time shall be computed so as to exclude the
- 88 -
1 first and include the last day of the prescribed or fixed
2 period or duration of time. When the last day of the
3 period falls on a Saturday, Sunday or legal holiday, that
4 day shal 1 be omi tted f rom the computation. Unless
5 otherwise specifically stated, the calculation of days
6 shall be based upon calendar and not business days.
7 1 4 .1 5 Con f i de nti al i ty .To the fullest extent allowed
8 by law, Grantor shall keep confidential any information
9 identified as confidential by Grantee, and provided to
10 Grantor by Grantee pursuant to this Franchise.
11 14.16 Force Majeure. In the event Grantee unavoidably
12 fails to comply with any deadline or schedule contained
13 herein, or unavoidably fails to perform any of the terms
14 and conditions contained herein, without any fault or
15 negligence of Grantee, or by any cause beyond the
16 reasonable cui-.trol of Grantee, including. but not limited
17 to, unavoidable casualty, unavoidable delay in delivery of
18 required materials, strikes, embargoes, government orders
19 or other requirements, acts of civil or military
20 authorities, acts of God or other emergency conditions,
21 Grantee shall not be deemed in breach of this Franchise
22 and shall be entitled to an appropriate extension of
23 applicable deadlines or schedules.
- 89 -
1 SECTION 15. EFFECTIVE DATE AND TIME OF ACCEPTANCE.
2 1 5 . 01 Effective Date. This Franchise s h a 1 1 take
3 effect on the 17th day of May, 1991.
4 15.02 Time of Acceptance; IncorDoration of Proposal;
5 Exhibits.
6 A. Grantee shal 1 accept thi s Franchise i n a
7 form and substance acceptabl e to Grantor wi thi n thi rty
8 ( 3 0 ) days of the adoption of this ordinance unless the
9 time of acceptance is extended bY Grantor. Such
10 acceptance by Grantee s h a 1 1 be deemed the grant of
11 thi s Franchise for all purposes. In the event
1 2 acceptance does not take place, this Franchise shall
1 3 be null and void.
14 B. With its acceptance, Grantee al so shal 1
1 5 del i ver to Grantor a certi fi ed resol ution of Grantee
16 evidencing its power and authority to accept the
1 7 Franchise. Such documents s h a 1 1 a 1 s o describe the
1 8 officer or officers authorized to accept on behalf of
19 Grantee.
20 C. With its acceptance, Grantee shall also pay
21 reasonable costs and expenses incurred by Grantor in
22 connection with the preparation of this Franchise not
23 to exceed Twenty Thousand Dol 1 ars $2 0 , 000 ) and
24 one-half of costs and expenses up to the next Twenty
25 Thousand Dollars ($20,000), for a total maximum
26 reimbursement of Thirty Thousand Dol 1 ars ($30,000).
27 Grantor shall provide an itemized statement to
-9 0-
1 Grantee documenting such costs and expenses incurred
2 by Grantor.
3 D. With its acceptance, Grantee shall submit to
4 Grantor an opinion of counsel stating that, as of the
5 effective date of this Franchise:
6 1. Grantee is a corporation, duly
7 organized, validly existing, and in good standing
8 under the laws of the state in which it is
9 incorporated;
10 2. Grantee has the requisite power and
11 authority under applicable law and its bylaws and
12 articles of incorporation, is authorized bY
13 resolutions of its Board of Directors, and has
14 secured a 1 1 consents which are required to be
1 5' obtained as of the effective date of this
16 Franchise, to enter into and legally bind Grantee
17 to thi s Franchise and to take all actions
1 8 necessary to perform a 1 1 of i t s obligations
1 9 pursuant to this Franchise;
20 3. This Franchise is enforceable against
21 Grantee in accordance with the provisions hereof;
22 4. To the best of such counsel's
23 knowledge, there is no action or proceeding
24 pending or threatened against Grantee or any
25 affiliated person which questions the validity or
26 prospective validity of this Franchise, or of.any
- 91 -
1 essential element upon whi ch thi s Franchise
2 depends, or of any actions to be taken by Grantee
3 or any affiliated person; and
4 5. Insofar as the legal capacity of
5 Grantee to carry out any obligation pursuant to
6 this Franchise is concerned, the execution of ,
7 and performance pursuant to, this Franchise will
8 not result in the breach or violation of any
9 provision of the articles of incorporation or
10 bylaws of Grantee or of any statute, regulation,
11 agreement, judgment, or decree to which it is
12 subject.
13 E. Within thirty (30) days of this acceptance,
14 Grantee shal 1 a I s o deliver any performance bond,
1 5 Letter of Credit and insurance certificates required
16 herein that have not previously been delivered.
17 F. upon acceptance of this Franchise, Grantee
18 shal I be bound by all the terms and conditions
1 9 contained herein. Grantee shall provide all services
20 and offerings specifically set forth herein. Grantee
21 acknowledges that all promises, offers,
22 representations, and inducements resulting in the
23 adoption of this Franchise were freely and voluntarily
24 made by Grantee, and Grantee further acknowledges that
25 the obligations of Grantee contained herein are
26 commercially practicable.
27 G. The Ordinance shall be permanently kept and
- 9 2 -
1 filed i n the 0 f f i c eo f the city Cl erk and
2 non-confidential portions of the originals or
3 reproductions thereof s h a I I be avail able for
4 inspection by the publ ic during normal business
5 hours. Also, Grantee may summarize the Ordinance in a
6 manner acceptable to Grantor or reproduce the entire
7 Ordinance, and shall have either at the following
8 locations in the following quantities:
9 1) Office of the City Clerk I copy;
10 2) Local office of Grantee copy.
11 H. In consideration of the grant of this
12 Franchise to Grantee, Cox Communications, Inc. will
14 guarantee the performance by Grantee of a I 1 the
15 obligations contained in the Franchise.
16
17 Adopted by the Council of the City of Virginia Beach,
18 Virginia on this 7th day of May, 1991.
-93 -
EXHIBITS TO
CITY OF VIRGINIA BEACH
CABLE TELEVISION FRANCHISE ORDINANCE
FOR COX CABLE VIRGINIA BEACH, INC.
-94-
EXHIBIT A
LOW DENSITY EXPANSION PLAN
-95-
EXHIBIT A
As provided in Section 4.05C, the extension of service
to areas contiguous to activated systems of a density of less
than thirty (30) homes per street mile shall be accomplished as
follows:
(a) Thirty-six (36) miles of plant shall be
constructed prior to December 31, 1997; provided,
however, that Grantor and Grantee may agree that
a I Iresidents within the City who desire service
have been provided service, or the opportunity to
obtain such service, prior to the construction of
the entire thirty-six miles.
b There shall be a minimum average of six (6) miles
per year of plant constructed as of December 31 of
each year of the six-year period, beginning in
1 9 9 2 .Any construction during 1991, occurring in
those areas set forth in Subsection (c) below,
shall count toward requirements for 1992.
(c) Over the course of the six (6) year expansion, the
following areas and/or addresses will have access
to cable service upon request, in accordance with
the terms and conditions of this ordinance:
3248 Baum Road
All Buzzard Neck Road
7369-6580 Crags Causeway
4173-4229 Elbow Road
5516 Fitztown Road
1537 Flanagans Road
3053-3272 Hungarian Road
1708 Indian River Road
2500-3417 Indian River Road
2076-2255 Jarvis Road
2500-3141 Land of Promise Road
2000-3681 Landstown Road
1217-1413 Mill Landing Road
3993-4381 Muddy Creek Road
2000 Munden Point Road
1433 Nannys Creek Road
3004-3500 North Landing Road
1329-1401 Pleasant Ridge
109-359 Princess Anne Road
643-837 Princess Anne Road
1161-1255 Princess Anne Road
6000 Public Landing Road
All Reads Road
3121 Roberson Road
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1653 Salmons Road
776 Sandbridge Road
2701 Seaboard Road
1300-1400 Shipps Cabin Road
2264 Stone Road
2233-2309 N.Stowe and S. Stowe Roads
220-2329 Vaughn Road
2864-3201 West Gibb Road
2679-2868 West Landing Road
2700-3500 West Neck Road
3245-3633 West Neck Road
3700-3769 West Neck Road
The following construction-in-aid payment formula
shall apply to service extension not otherwise required:
SC C - C
rr 7u
C Actual cost of construction for the proposed service
extension
LE = Number of homes passed committed to subscribing in
the service extension area
SC The dollar amount of construction-in-aid
contribution to the paid per LE
The total SC must be Daid in advance by all LE customers
prior to construction of t@e service extension. Thereafter,
Grantee shal I compl ete the service extension wi thi n 1 20 days
after receipt of all required permits. All construction-in-aid
contributions are non-refundable and are in addition to any
applicable installation charges.
-9 7-
EXHIBIT B
SYSTEM UPGRADE
- 98-
EXHIBIT B
SYSTEM UPGRADE
Cox C able V i r g i n i a Beach proposes to upgrade the
existing 300 MHz cable plant to a new capacity of 400 MHZ. The
time schedule i n whi ch thi s will be done i s described i n
Exhibit E of this Franchise.
This upgrade wi 1 1 be accompl ished u s i n g the existing
cable plant with replacement of existing electronics and
passives to a bandwidth of 400 MHz. Whenever possible, those
replacements which would affect a 1 arge number of customers
will be done in the late night/early morning hours. The
replacements which will affect small areas or individuals will
be generally done during daylight. In many cases, the upgrade
w i 1 1 in vol ve a drop cabl e replacement from our tap to the
customer's home.
At the completion of the upgrade, customers wi I I be
notified of new services available to them.
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SYSTEM UPGRADE
INITIAL UPGRADED PROGRAMMING
I EPG/PPV PREVIEW CHANNEL
2 WGN-TV CHANNEL 9 IND CHICAGO
3 WTKR-TV CHANNEL 3 CBS
4 USA
5 TNT
6 ESPN
7 WTBS-TY CHANNEL 17 IND ATLANTA GA
8 CNN
9 NICKELODEON
10 WAVY-TV CHANNEL 10 NBC
11 WCOX/LOCAL ORIGINATION PUBLIC FORUM
12 CNN HEADLINE
13 WVEC-TV CHANNEL 13 ABC
14 WWOR TV CHANNEL 9 IND NEW YORK
15 WHRO-TV CHANNEL 15 PBS
16 DISCOVERY
17 ARTS & ENTERTAINMENT
18 LIFETIME
19 FAMILY CHANNEL
20 WSBK-TV CHANNEL 38 IND BOSTON
21 HBO
22 MTV
23 TNN
24 THE WEATHER CHANNEL
2 5 CNBC
26 SHOWTIME
27 WYAH-TV CHANNEL 27 IND
28 ACCESS EDUCATIONAL
29 ACCESS GOVERNMENT
30 QVC
31 VTC-TV
32 C-SPAN I
33 WTVZ-TV CHANNEL 33 IND
34 AMERICAN MOVIE CLASSICS
35 HTS/ E!
36 BET
37 DISNEY
38 PPV BARKER CONF CHANNEL MOVIES
39 PPV SPECIAL CONF BARKER
40 DIGITAL CABLE RADIO
41 FUTURE PROGRAMMING
42 FUTURE PROGRAMMING
43 FUTURE PROGRAMMING
44 FUTURE PROGRAMMING
45 FUTURE PROGRAMMING
46 FUTURE PROGRAMMING
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47 FUTURE PROGRAMMING
48 FUTURE PROGRAMMING
49 FUTURE PROGRAMMING
so CONTROL LOCAL AGC PILOT
51 FUTURE PROGRAMMING
52 FUTURE PROGRAMMING
53 FUTURE PROGRAMMING
54 FUTURE PROGRAMMING
95 DIGITAL CABLE RADIO
96 WJCB-TY CHANNEL 49 IND
97 EPG/PPV PREVIEW CHANNEL
98 CINEMAX
99 VIEWERS CHOICE--PPY
Included for informational purposes only - subject to change by
Grantee and availability of programming upon completion of the
Upgrade.
EXHIBIT C
TECHNICAL STANDARDS
-102-
EXHIBIT C
TECHNICAL STANDARDS
The newly upgraded cable system will be operated under
the following technical standards:
Carrier to Noise: 41 dB
Cross Modulation: 50 dB w/synchronous modulation
Composite Triple Beat: 50 dB w/CW carrier or 59 dB
for modulated carrier
Second order Distortion: Better than 57 dB
Hum: 2% or 1 e s s (non-scrambled
channels)
System Bandpass Response: Trunk N/10 +1 not to exceed 4
dB. Feeder not to exceed 1
dB over trunk
Difference between any
two Adjacent Channels: 3 dB
Difference between any
two Channels on the
System: Max 9 dB
Signal Level at T.V. Set: 0 DBMV Min
VIRGINIA BEACH MUNICIPAL CENTER
SIGNAL TRANSPORTATION PATH SPECIFICATIONS
Al 1 specifications are performed using a Tektronic 147A
generator as a signal source, and are measured at the input to
the modulator located at the Cox Cable Hampton Roads Headend.
Video
Signal to noise ratio 55 dB S/N weighted
Differential gain 5%
Differential phase 5%
Chroma/lumina delay 85 nanoseconds (nSec.)
-103-
EXHIBIT D
LOCAL ORIGINATION PROGRAMMING
-104-
EXHIBIT D
LOCAL ORIGINATION PROGRAMMING
The following list represents some of the programs
offered on the Local Origination Channel in the third quarter
of 1990:
City of Virginia Beach Update
Hampton Roads Speaks Out
Teen Program with Heather Kennedy
Chamber of Commerce Breakfast
Great Citizens of Hampton Roads
Special Laborfest Preview with Mayor Meyera Oberndorf
and Dr. Harrison Wilson
Virginia Beach Pops
Nepture Festival Program
Viewpoint
Virginia Beach Hamfest Preview
Miss Philippines Pageant
Laborfest Forum
Walter Noona on Piano - Musical
Virginia Beach Woman's Club
Leadership Prayer Luncheon
Chrysler Museum Program
Port Norfolk Program
FCC on Emergency Broadcast Systems
Boating Safety
Salute to Virginia Universities and Colleges
Tim Reid Tennis Tournament
Red Cross Forum
Forum on Aging
Foster Children in Romania
Role of Cable TV in Education
American Cancer Society Forum
Family Services Forum
Focus on Teachers Forum
Girl Scout Forum
United Way Kickoff Campaign
Young Peacekeepers - USS - JFK
Navy News This Week
Crime Line
Focus on Faith
-1 05-
EXHIBIT E
UPGRADE SCHEDULE
-106-
EXHIBIT E
VIRGINIA BEACH UPGRADE SCHEDULE
The following is a description and timing schedule
for the 400 MHz Upgrade to the Virginia Beach Franchise area.
All time reference is to cumulative months after acceptance of
the franchise (the year is added for reference only and assumes
a May 1991 acceptance):
Drafting and Design the layout of the new
electronics and its placement into the existing cable
plant. It will take 8 months of advance engineering
of drafting and design to produce a backlog of
finished maps significant enough to start the project.
BOM and Contracts - determine from the maps the total
quantities of labor, equipment and materials needed
for each phase of the Upgrade. It will take an
additional 2 months to establish proper material flow
and train additional contractors.
Upgrade - placement of electronics, replacement of
passives, placement and replacement of coaxial
cables. and resplicing of equipment - additional 36
months.
Balance and Proof - activate new frequencies and
verify operational standards - additional 2 months.
Total time - 48 months
-10 7-
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-108-
EXHIBIT F
ANNUAL REPORT
-1 09-
ANNUAL REPORT
TABLE OF CONTENTS
OVERVIEW
Attachment I - A Financial Statement verifying total
Gross Revenues with Comfort Letter
Attachment II Results of Subscriber Survey
Attachment iii Subscriber Service Information
Attachment IV List of names and addresses of each
principal
Attachment V Summary of Complaints
Attachment VI Summary of service Calls
Attachment VII - Annual Report of Parent
Attachment Viii - Construction and Upgrade Schedules
Attachment IX Status of Upgrade and New Construction
Attachment X System Tests and Results
-1 10-
ANNUAL REPORT
OVERVIEW
Overview of significant events g
including a summary of the year's invol vi n COx C a b 1 e
incl uding: previous activities
Current profile of the company, COmmunity
programming and activities,
service chanoes, Customer Service, programming
activities. progress on the Upgrade and other construction
ATTACHMENT I
A FINANCIAL STATEMENT VERIFYING TOTAL
GROSS REVENUES
COX CABLE HAMPTON ROADS
CITY OF VIRGINIA BEACH
RECONCILIATION OF TOTAL OPERATING REVENUES
TO GROSS RECEIPTS
YEAR ENDED DECEMBER 31, 19_
Basic Revenue - 0
Pay Revenue - $ 0
Other Revenue- $ 0
Total operating Revenues - $ 0
Bad Debts, Write-Offs, and Recoveries - $ 0
Change in Receivables and Advance Payments - $ 0
Gross Receipts - $ 0
Franchise Taxable Revenue - $ 0
Tax Rate - 5%
City of Virginia Beach Franchise Fee - $ 0
Certified By:
-112-
COMFORT LETTER
A, comfort Letter prepared by an independent Certified
Pubi ic Accountant verifying Gross Revenues for the preceding
year will be inserted here.
- 1 13-
ATTACHMENT II
RESULTS OF SUBSCRIBER SURVEY
In of 19 , Cox Cable conducted its
annual Customer Service Su-rve,y ftom-a randomly selected sample
representative of the subscriber population. This survey is
statistically valid with no less than a .05 margin of error and
no less than a 95% confidence level.
The following is a summary of the results:
(This summary will also review the Survey objectives,
its scope and methodology).
-1 1 4-
TABLE OF FINDINGS
-115-
ATTACHMENT III
SUBSCRIBER SERVICE INFORMATION
--copy of Current Customer Handbook"
-116-
ATTACHMENT Iv
LIST OF NAMES AND ADDRESSES OF EACH PRINCIPAL
Cox Cable Virginia Beach . Inc. is a wholly owned
subsidiary of Cox Cable Hampton Roads, Inc. which is wholly
owned by Cox Communications,.Inc. which is wholly owned by Cox
Enterpri ses , Inc. which is a privately held corporation with
93%+ ownership by the Cox family.
Cox Cable Hampton Roads, Inc.
5200 Cleveland Street
Virginia Beach, VA 23462
Cox Cable Communications
1400 Lake Hearn Drive
Atlanta, GA 30319
Cox Enterprises, Inc.
1400 Lake Hearn Drive
Atlanta, GA 30319
ATTACHMENT V
SUMMARY OF COMPLAINTS
Category Number Percent
Billing
Technical Service
Installation
Property Damage
Front Counter
Programming
Other
100%
Total
-118-
ATTACHMENT VI
SUMMARY OF SERVICE CALLS
Number Lercent
Cat@rY
Headend
system
Drop
Customer
Admi nistrati ve
Converter
other - 100%
Total
-119-
ATTACHMENT VII
ANNUAL REPORT OF PARENT
-120-
ATTACHMENT VIII
CONSTRUCTION AND UPGRADE SCHEDULES
Miles Planned 1st Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr.
New Aerial
New Underground
Relocated Aerial
Relocated Underground
Upgraded Aerial
Upgraded Underground
List of major projects planned for 19
-1 21-
ATTACHMENT IX
STATUS OF UPGRADE AND NEW CONSTRUCTION
Miles Miles
Planned Completed Variance
New Aerial
New Underground
Relocated Aerial
Relocated Underground
Upgrade Aerial
Upgrade Underground
Discussion of Changes and Variance:
-122-
ATTACHMENT X
SYSTEM TESTS AND RESULTS
-123-
EXHIBIT G
QUARTERLY REPORT
-1 24-
QUARTERLY REPORT
TABLE OF CONTENTS
overview
Attachment I - A Financial Statement verifying Quarterly
Gross Revenues
Attachment II - System Information
Attachment III - Summary of Complaints
Attachment IV - Summary of Service Calls
Attachment V - Construction Progress Reports
-125-
QUARTERLY REPORT
OVERVIEW
overview of significant events involving Cox Cable,
i ncl udi ng a summary o f the previous quarter's acti vities
including: current profile of the company, community
programming and activities, Customer Service, programming
service changes, progress on the Upgrade and other construction
activities.
-126-
ATTACHMENT I
A FINANCIAL STATEMENT VERIFYING TOTAL
GROSS REVENUES
COX CABLE HAMPTON ROADS
CITY OF VIRGINIA BEACH
RECONCILIATION OF TOTAL OPERATING REVENUES
TO GROSS RECEIPTS
QUARTER ENDED DECEMBER 31, 19_
Basic Revenue - $ 0
Pay Revenue - $ 0
Other Revenue- $ 0
Total Operating Revenues - $ 0
Bad Debts, Write-Offs, and Recoveries - $ 0
Change in Receivables and Advance Payments - $ 0
Gross Receipts - $ 0
Franchise Taxable Revenue - $ 0
Tax Rate - 5%
City of Virginia Beach Franchise Fee - $ 0
Certified By:
-127-
ATTACHMENT II
SYSTEM INFORMATION
Limited (Lifeline) Basic Customers:
Expanded Basic Customers:
Units of Pay Television:
Total Plant Miles:
Households Passed by Cable:
Penetration to Limited Basic Customers:
-1 28-
ATTACHMENT III
SUMMARY OF COMPLAINTS
Category Number Percent
Billing
Technical Service
Installation
Property Damage
Front Counter
Programming
Other
Total 100%
-129-
ATTACHMENT IV
SUMMARY OF SERVICE CALLS
Category Number Percent
Headend
System
Drop
Customer
Administrative
Converter
Other
Total 100%
-130-
ATTACHMENT V
CONSTRUCTION PROGRESS REPORT
Miles Miles
Planned Completed
Quarter Quarter Variance
New Aerial
New Underground
Relocated Aerial
Relocated Underground
Upgrade Aerial
Upgrade Underground
List of major projects planned for next quarter:
- 1 31-
EXHIBIT H
INITIAL RATES
-1 3 2-
EXHIBIT H
INITIAL RATES
(Effective December 1, 1990)
Limited (Lifeline) Basic Service: $ 5.50/mo
Expanded Basic: 12.70/mo
Limited (Lifeline) Basic Additional Outlet 1.15/mo
Expanded Basic Additional Outlet: 1.85/mo
Pay TV
HBO: 10.75/mo
Showtime: 8.75/mo
Cinemax: 10.75/mo
Disney: 10.75/mo
Pay TV on A/O: 8.50/mo
Package Prices:
65-Plus Package 20.70/mo
Two-Pay Package 39.95-41.95/mo
Three-Pay Package 47.95-49.95/mo
Four-Pay Package 57.95/mo
Cable Guide: 1.50/mo
Basic Remote: 3.00/mo
Tocom Remote Control: 4.00/mo
Installation (Std. Drop 0-200'): 40.00
Installation (201' - 300'): 60.00
Installation (301' - 400' ): 100.00
Installation (401' - 501'): 150.00
Installation (over 500') (Plus a per foot 150.00
charge for each
foot over 500):
Change of Service: 15.00
Reconnect: 25.00
Late Payment Fee: 6.00
Additional Outlet Installation: 2 5 . 00
VCR Connection: 0-40.00
Antenna Switch: 25.00
Converter/Service Deposit (up to) 50.00
All pricing excluding applicable fees and taxes.
Note: All installations are via the same method the main cable
plant is installed, i.e., aerial plant via pole means an aerial
installation to home, underground plant via trench means an
underground installation to home. There will be an additi6nal
charge above the normal installation fee for any installation
which can be done via aerial installation and is requested to
be placed via underground. Aerial to underground is $.35 per
foot with a $30.00 minimum.
Commercial and Bulk Rates subject to individual negotiation.
-133-
EXHIBIT I
CUSTOMER SERVICE HOURS
-134-
EXHIBIT I
CUSTOMER SERVICE HOURS
Customer Service Phones:
8:00 a.m. - 6:00 p.m., Monday - Friday
Repair Service Phones:
Will be answered 24 hours a day, 7 days a week
Front Counter Office:
8:30 a.m. - 6:00 p.m., Monday - Friday
-1 35-
- 23 -
Item III-J.1.
RESOLUTIONS ITEM # 34386
Upon motion by Councilwoman Parker, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution approving the ISSUANCE of Educational
Facilities Revenue Bonds, in an amount not to
exceed $550,000, for Cape Henry Collegiate School.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
SU,Il@IARY SliEET
CITY OF VIRGINIA BEACTI DEVELOPMENT 'AU@IJORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
School
2. LOCATION: 113120'Mlll DaM Road
3. DESCRIPTION OF PROJECT: Co truction a of
new letic fac
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
6. ZONING CLASSIFICATICN:
a, Prespnt zoning
classification of the
Property
b, Is. rezoning Prcposed? Yes No X
C. If so, to what zoning
Classification?
RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
APPROVING THE ISSUANCE OF EDUCATIONAL FACILITIES
REVENUE BONDS FOR
CAPE HENRY COLLEGIATE SCHOOL, INC.
WHEREAS, the City of Virginia Beach Development Authori-
ty, whose address is 780 Lynnhaven Parkway, Suite 350,
Virginia Beach, Virginia (the "Authority"), has considered
the application of Cape Henry Collegiate School, Inc., a
Virginia nonstock, nonprofit corporation, whose address is
1320 Mill Dam Road, Virginia Beach, Virginia 23454 (the
"Purchaser"), for the issuance of the Authority's educational
facilities revenue bonds in an amount estimated not to exceed
$550,000 (the "Bonds") to assist in the financing of the
Purchaser's construction and equipping of a new athletic
facility to the Purchaser's elementary/secondary school
facility (the "Project") located at 1320 Mill Dam Road in
Virginia Beach, Virginia, to be owned by the Purchaser;
WHEREAS, the Authority has requested the Council (the
"Council") of the City of Virginia Beach, Virginia (the
"City"), to approve the issuance of the Bonds to comply with
Section 147(f) of the Internal Revenue Code of 1986, as
amended; and
WHEREAS, pursuant to SS 15.1-1378.1, Code of Virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at
the public hearing with respect to the Bonds, have been filed
with the Council of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the Authority for
the benefit of Cape Henry Collegiate School, a Virginia
nonstock, nonprofit corporation, to the extent of and as
required by Section 147(f) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the
Project.
2. The approval of the issuance of the Bonds, as
required by Section 147 does not constitute an endorsement of
the Bonds or the creditworthiness of the Purchaser, but,
pursuant to Chapter 643, Virginia Acts of Assembly of 1964,
as amended, the Bond(s) 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 not the taxing power of the Commonwealth, the
City, or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby dis-
claims all liability for any damages to any person, direct or
consequential, resulting from (1) the Authority's failure to
issue bonds for the Project for any reason, including but not
limited to any decision by the Authority in its sole discre-
tion to allocate its allowable industrial development bond
volume under Section 265(b)(3) of the Internal Revenue Code
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's
failure for any reason after the issuance of bonds for the
Project to allocate a portion of its allowable industrial
development bond volume to the Project if the issuance of tax
exempt bonds by the Authority is restricted by any state or
federal statute now or hereafter enacted.
2
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on 14ay 7, -, 1991.
CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH
By
Title
"PI
t fl@'4ATURE
DEPARTMENT
A TO LEGAL
ICITY ATTOPNEY
3
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: April 9, 1991
TO: THE CITY COUNCIL OF VIRCINIA BEACH, VIRGINIA
PROJECT NAME: Cape H(,-nry Collegiate School
TYPE OF FACILITY: Athletic Facility
1. maximum amount of financing sought $ 5 5 0 0 0 0
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 000
3. Estimated real property tax per
year using present tax rates $ none*
4. Estimated personal property tax
per year using present tax rates $ one*
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ iione*
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 628,000--
7. Estimated number of regular
employees on year round basis '5
8. Average annual salary per employee 2 7 9 5@O
The informaticn 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 BEACH
DEVELOPMENT AUTTIORITY
By
r
*Cape Henry Collegiate School, Inc is a nonpro@
501(c)(3) entity.
PROJECT NAME: CAPE HENRY COLLEGIATE SCIIOOL
PROJECT ADDRESS: 1320 MiLi F)am Road
Virgin:-a BE@iciA, VA
TYPE OF PROJECT: Athl@tic Facility
- 24 -
Item III-J-3.
RESOLUTIONS ITEM # 34387
Upon motion by Councilwoman Parker, seconded by Councilman Clyburn, City
Council ADOPTED:
Resolution setting the interest rate on $2,000,000
General Obligation Public Improvement Bonds, Series
of 1991B (Capital Appreciation Minibonds).
The interest rates on the Series of 1991B Bonds are as follows:
Year of rit Interest Rate
1994 5.25%
1995 5.50%
1996 5.70%
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
I RESOLUTION SETTING INTEREST RATES ON
2 $2,000,000 G OBLIGATION PUBLIC impROVEMENT BONDS
3 SERIES OF 1991B (CAPITAL APPRECIATION MINIBONDS)
4 WHEREAS, the Council of the City of Virginia Beach,
5 Virginia (the "Council"), by resolution adopted on April 2, 1991
6 (the "Series of 1991B Resolution"), authorized the sale of
7 $2,000,000 General obligation Public Improvement Bonds, Series of
8 1991B (Capital Appreciation minibonds) (the "Series of 1991B
9 Bonds"); and
10 WHEREAS, the Series of 1991B Resolution provided that the
11 interest rates on the Series of 1991B Bonds be determined by the
12 Council;
13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA, that the interest rates on the Series
15 of 1991B Bonds are as follows:
16 Year o urit Interest Rate
17 1994 5.25%
18 1995 5.50%
19 1996 5.70%
20 Adopted this 7 day of May 1991, by the
21 Council of the City of Virginia Beach, Virginia.
22 APPROVED:
23
24 MAYOR
- 25 -
Item III-J.3.
RESOLUTIONS ITEM # 34388
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution requesting the State Corporation
Commission impose conditions of approval on
Virginia Power's application for authority to
construct an electrical transmission line and
substation on Jarvis Road West of Princess Anne
Road. (Deferred April 23, 1991)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 A RESOLUTION PERTAINING TO THE APPLICATION OF
2 VIRGTNIA POWER FOR AUTHORITY TO CONSTRUCT AN
3 ELECTRICAL TRANSMISSION LINE AND SUBSTATION IN
4 THE CITY OF VIRGINIA BEACH
5 WHEREAS, Virginia Power has made application to the State
6 Corporation commission for a certificate of public convenience and
7 necessity to construct a 230-kilovolt (kV) electrical transmission
8 line and substation within the City of Virginia Beach, said
9 application having been docketed as Case No. PUE910014; and
10 WHEREAS, if the application is approved by the
11 Commission, the proposed substation and transmission line, which
12 will extend for an area of 7.3 miles at a width of 120 feet, will
13 be located in the watershed of the North Landing River, a natural
14 area of the City having unique envirorimental, scenic and
15 recreational value; and
16 WHEREAS, the proposed right-of-way would also pass
17 through prime agricultural land within the City; and
is WHEREAS, the City Council has demonstrated its commitment
19 to the preservation and enhancement of water quality in the North
20 Landing Watershed and to the Preservation of agriculture within
21 the City; and
22 WHEREAS, the City Council recognizes the obligation of
23 Virginia Power to supply reliable electrical power to its customers
24 at a reasonable price, and to construct facilities necessary to
25 discharge that obligation; and
26 WHEREAS, as the Comprehensive Plan of the City of
27 Virginia Beach recognizes, development can, and should, be
28 undertaken in a manner as compatible with the preservation of
29 envirorimental, scenic and recreational values as is reasonably
30 possible, especially in areas of exceptional environmental value
31 and sensitivity; and
3 2 WHEREAS, Section 56-46.1 of the Virginia Code charges the
33 State Corporation Commission with the duty tO consider the effect
34 of the construction of an electrical utility facility such as this
35 upon the environment and to establish such conditions as may be
36 desirable or necessary to minimize adverse environmental impact;
37 and
38 WHEREAS, the Federal Energy Regulatory Commission,
39 formerly the Federal Power commission, has established Guidelines
40 for the Protection of Natural, Historic, Scenic and Recreational
41 Values in the Design and Location of Rights-of -Way and Transmission
42 Facilities;
43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
44 OF VIRGINIA BEACH, VIRGINIA:
45 That the City Council hereby requests the State
46 Corporation commission to:
47 1. Approve a route for the aforesaid transmission line
48 which minimizes adverse impacts upon the watershed of the North
49 Landing River and upon prime agricultural land and the residents
50 of the area;
51 2. Require, as a condition of approval, that Virginia
52 Power employ all erosion and sediment control measures set forth
53 in Virginia Power's most recent General Erosion and Sediment
54 Control Specifications for Construction of Electric Transmission
55 Lines;
56 3. Require, as a condition of approval, that Virginia
57 Power restore the right-of-way to full vegetative cover conditions,
58 using, to the maximum extent possible, indigenous shrubs and
59 understory trees, and that such vegetation be maintained in good
60 condition at all times.
61 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
62 VIRGINIA BEACH, VIRGINIA:
63 That, in acting upon future applications for extensions
64 of transmission lines from the proposed substation or elsewhere in
65 the watershed of the North Landing River, the State Corporation
2
66 Commission is requested to employ the same considerations as are
67 set forth hereinabove.
68 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
69 VIRGINIA BEACH, VIRGINIA:
70 That the City Clerk forward a true copy of this
71 Resolution, referencing Case No. PUE910014, to William J. Bridge,
72 Clerk of the State Corporation Commission, care of Document Control
73 Center, Post Office Box 2118, Richmond, Virginia 23216.
74 Adopted by the City Council of the City of Virginia Beach
75 on the 7th day of May 1991.
76 CA-91-4029
77 \ordin\noncode\line2.res
78 R-3
3
- 26 -
Item III-K.
CONSENT AGENDA ITFM # 34389
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 1 a.b.c., 2, 3 a.b., 4, 5, 6, 7, 8, 9 and
10 of the CONSENT AGENDA.
Items 3c and d were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 27 -
item III-K.1
CONSENT AGENDA ITEM # 34390
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution directing the Director of Finance to
make payment of lost MINIBONDS in the amount of
$500 each, bearing an annual 5.5% annual rate of
interest to:
Josie M. Gladstone, 403 16th Street, Virginia
Beach, Virginia, as sole legal and beneficial
owner of Minibonds Nos. R-3092 - R-3094;
Charles H. and Linda R. Payne, 1796 Indian
River Road, Virginia Beach, Virginia, as
sole legal and beneficial owners of Minibonds
Nos. R-2422 - R-2423;
and,
Jerome and Rosalyn C. Gladstone, 4505 Firview
Court, Virginia Beach, Virginia, as sole legal
and beneficial owners of Minibonds Nos. R-3107
- R-3108.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 A RESOLUTION TO AUTHORIZE
2 PAYMEINT OF LOST MINIBONDS
3 WHEREAS, the General obligation Public Improvement Bonds,
4 Series of 1988B (Capital Appreciation Minibonds) , hereinafter
5 "Minibonds," were issued in Registered form, and were not
6 transferable or assignable pursuant to the authorizing Resolution
7 adopted by City Council on April 11, 1988 and the stated terms on
8 the Bonds;
9 WHEREAS, those Minibonds were all issued in $500
10 denominations, and bearing 5.5% annual rate of interest, dated May
11 11, 1988, and maturing May 11, 1991;
12 WHEREAS, Josie M. Gladstone of 403 16th Street, Virginia
13 Beach, Virginia 23451 has affirmed that she is the sole legal and
14 beneficial owner of certain of the Minibonds, numbered R-3092
15 through R-3094;
16 WHEREAS, Charles H. Payne and Linda R. Payne of 1796
17 Indian River Road, Virginia Beach, Virginia 23456 have affirmed
18 that they are the sole legal and beneficial owners of certain of
19 the Minibonds, numbered R-2422 through R-2423;
20 WHEREAS, Jerome Gladstone and Rosalyn C. Gladstone of
21 4505 Firview Court, Virginia Beach, Virginia 23462 have affirmed
22 that they are the sole legal and beneficial owners of certain of
23 the Minibonds, numbered R-3107 through R-3108;
24 WHEREAS, the owners of each of these Minibonds has also
25 affirmed that the said securities have been lost or misplaced;
26 WHEREAS, each of these owners have complied with all
27 legal provisions to effect replacement of said security by
28 providing appropriate affidavits; and
29 WHEREAS, John T. Atkinson, City Treasurer, has determined
30 that because of the non-transferable nature of the Minibonds no
31 indemnities shall be required.
3 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA that the Department of Finance, the
34 Registrar on said minibonds, is directed to pay to each of said
35 owners the value of their respective Minibonds, Principal and
36 Interest accrued, on the date of maturity without the necessity of
37 replacing the lost or misplaced Minibonds.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 7th day of May 1991.
40 CA-91-4231
41 RES\NONCODE\CA-4231.RES
42 R4
j6.PPION'@ AS TO
,)VEZ, A% i'C) 1,@@'Al.
t'JFFICiENC)r AND F(','RtO,
CITY ATTORNEY
2
AFFIDAVIT OF LOSS
STATE OF VIRGINIA
)ss.
CITY/COUNTY OF Ui@-(n;o,
Tbe undersigned (hereinafter called "Deponent"), being duly sworn, deposes and says that:
Deponent is an adult whose mailing address is
and is the owner of or is actin pr h respect to certain
g in @ securities (describe type
of security, identification nuniber, and number of shares or face value):
1988B Geizeral obliizatiott Public I-provemelit Mittibolids,
Numbers(s) @-369;t 4ro4
i,,ued by City of Virgittia Beacil, @irgiltia
(hereinafter called the "Issuing Corporation") and registered in the name of'.
Deponent further says that the aforesaid security or securities (hereinafter called the "Original",
whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances:
(was)
'Ibat said Original@endorsed. (If endorsed, describe form of endorsement and state
whether signature was guaranteed.)
(4) Deponent has made or caused to be made diligent search for Original, and has been unable to
find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to
the full and exclusive possession thereof-, that neither the Original not the rights of Deponent therein have, in whole or
in part, been assigned, transferred, hypothecated, piedged or otherwise disposed of, in any manner whatsoever, and that
no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting
Original or the proceeds thereof, except as may be set forth in Statement (5) following.
(If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below
the designation of such capacity, i.e., AdminiStrator, Executor, etc., and the title of the estate, as follows):
Deponent is of the estate of
(Specify names of any other persons having an interest in the Original. List them below and indicate
the nature of their interest, such as heir, legatee, etc.)
NAME LNTER-EST
(6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation
and its agents to issue new securities in, or payment in lieu of, substitution for the Original.
(7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power,
Deponent will immediately and %ithout consideration surrender Original to Issuing Corporation, its transfer agents or
subscription agents for cancellation.
@) Signed, sealed and dated: 19
Sworn to and subscribed before me
this day of
19
s
C.,.Iyn. R. B.,g.r
My Commission e ires: y N
xP 7KCOMMISSIO EXPIRESMARCH20,1992
Sworn to and subscribed before me
this day of
19
Signature of Deponent
NOTARY PUBLIC
(Affix Notarial Seal)
My Commission expires:
AFFIDAVIT OF LOSS
STATE OF VIRGINIA
)SS.
CITY/COUNTY OF U@@t ni @@ says that:
lbe undersigned (hereinafter called "Deponent"), being duly sworn, deposes and
@D@,p,onent is an adult whose mailing address is
V,o, 2J#i $'4
and is the owner of or is acting in a reprewntative or fiduciary capacity with respect to certain securities (describe type
of security, identification number, and number of shares or face value):
1988B Getieral obligatioti Ptiblic Improveme@it Minibonds,
Numbers(s)
F--
issued bycity of Virginia Beacli, Virgitzia
(hereinafter callcd the 'Issuing Corporation") and registered in the name of.@
@,ct@ R. FO,4r\e- W4 Liy)Ao- @.
h @.epcn@., fulth,r says that the aforesaid security or securitic-s (hereinafter called the "Original",
whether one or m )K been lost, stolen, destroyed or misplaced under the follo@ng circumstances:
(was)
-t said Original @n endorsed. (If endorsed, describe form of endorsement and state
whether signature 4@nteed.)
(4) Deponent has made or caused to Le made diligent search for Original, and has been unable to
find or recover same, and that Deponent was the unconditional owner of Original at the time of lom, and is entitied to
the full and exclusive possession thereof,, that neither the Original not the rights of Deponent therein have, in whole or
in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that
no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting
Original or the proceeds thereof, except as may be set forth in Statement (5) following.
eponent's interest in the Original is in a representative or fiduciary capacity, indicate below
the designatiori of ty, i.c., Administrator, Executor, etc., and the title of the estate, as follows):
Deponent is of the estate of 4114
(Specify names of any other persons having an interest in the Original. List them below and indicate
the nature of their interest, such as heir, legatee, etc.)
NAME INTEREST
(6) Deponent makes this afridavit for the purpose of requesting and inducing the Issuing Corporation
and its agents to issue new securities in, or payment in lieu of, substitution for the Original.
(7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power,
Dcponent vill immediately and Mthout consideration surrender Original to Issuing Corporation, its transfer agents or
subscription agents for cancellation.
@Signed, sealed and dated:
Sworn to and subscribed before me
this )Vc day of
19
Signature of D/ponent
NOTARY PU13LIC
(Affix Notarial Sea!)
My Ccmmi@ion e@?ires:
l@lell-9-3
Sworn to and subscribed before me
this day of
19
My Commissi-on expires:
l@1011@-5
AFFIDAVIT OF LOSS
STATE OF VIRGINIA
o, )ss.
CITY/COUNTY OF 8@
The undersigned (hereinafter called 'Deponent'), being duly sworn, deposes and says that:
@Deponent is an adult whose mailing address is
and is the owner of or is acting in a represe'ntative or fiduciary capacity with respect to certain securities (describe
of security, identification number, and number of shares or face value):
1988B General Obligation Public Improvement Minibonds,
Numbers(s) @-3161 @ro@ Z- 3 1 C)@
iss.ed by City of Vi@nia Beach, Vzqinia
(hereinafter called the 'Issuing Corporation') and registered in the name of'.
(PaJ:54t I)Q, @ @o-lit) C
Deponent furtber says that the aforesaid security or securities (hereinafter called the 'Original',
v, @ng circu
whether one 6r m )@l a, been lost, stolen, destroyed or misplaced under the foll mstances:
(Vo*
@at said Original (was not) endorsed. (If endorsed, dmribe form of endorsement and state
whether signature was guaranteed.)
(4) Deponcot has made or c-aused to be made diligent search for Original, and has been unable to
find or reccyver same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to
the full and exclusive ion thereof; that neither the Original not the rights of Deponent therein have, in whole or
in part, been assigned, transferred, hypothecated, pledged or otherwise disposcd of, in any manncr whammver, and that
no person, firm or corporation other tban Deponent has any right, title, claim, equity or interest in, to, or respecting
Original or the proceeds thcreof, except as may bc set forth in Statement (5) following.
t's interest in the Original is in a representative or fiduciary -pacity, indicate below
the designation of Administrator, Executor, etc., and the title of the estate, as follows):
Dcponent is of the estate of
(Specify names of any other per-- having an interest in the Original. List them below and indicate
the nature of their interest, such as heir, legatee, etc.)
NAME INTERF-ST
(6) Dcponent makes this affidavit for the purposc of requesting and inducing the issuing Corporation
and its agents to issue new securities in, or payrnent in lieu of, substitution for the Original.
(7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power,
Deponent viill immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or
subscriptiori agents for cancellation.
Signed, s"led and dated:
Swom to and subscribed before me
fhis day of
Signature 0 ponen
(Affix Notarial Seal)
My Commission expires:
Sworn to and subscribed bcfore me
this day of
19
of Deponent
NOTARY PUBLIC
(Affix Notarial Seal)
My Commission expires:
- 28 -
Item Ill-K.2
CONSENT AGENDA ITEM # 34391
Michael A. Inman, 2840 South Lynnhaven Road, Phone: 486-7055, represented the
applicant
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance declaring EXCESS property on a parcel
situated at Woodbeach In the East right-of-way of
Greenwell Road and Southeast corner of Black Cove
Road; and, authorizing the City Manager to dispose
of same.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
AN ORDINANCE DECLARING CERTAIN PROPERTY
EXCESS AND AUTHORIZING THE CITY MANAGER TO
DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership of
the following described property by deed recorded in Deed Book
1018, at page 156, and
WHEREAS, the City Council is of the opinion that the
following described propertv is in the excess of the needs of the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA;
1. That the following described property is hereby
declared to be in excess of the needs of the City
of Virginia Beach and that the City Manager is
authorized to convey said property in the manner he
deems in the best interest of the City of Virginia
Beach reserving therein any and all easements
pertaining thereto.
All that certain strip or parcel of land lying
being in situate in Bayside Borough, City of
Virginia Beach, Virginia, as shown on that
certain plat entitled "Subdivision of Tract
A, Subdivision of Property of Margaret E.
Duvall, Bayside Borough, Helen J. Raiford,ll
made by Baldwin and Gregg, Engineers, Planners,
Surveyors, dated July 10, 1978, beginning at
a point located on the East right-of-way of
Greenwell Road, S 26' 001 0011 E, 311.42 feet
of a certain pipe located in the Southeast
corner of Black Cove Road and Greenwell Road;
thence S 84' 221 0411, E 118.58 feet to a point;
thence S 50' 261 3911 E, 3.73 feet to a point;
S 69' 321 3311 E, 28.80 feet to a point; thence
S 59' 171 0011 W, 26.24 feet to a point; thence
N 84' 221 0411 W, 112.97 feet to a point; thence
N 26- 001 00" W, 29.36 feet to the point of
beginning, said property being bounded
generally on the North by the Helen J. Raiford
Estate, on the East by a 20 foot strip of
property belonging to the city of Virginia
Beach, on the South by land now or formerly
belonging to Burton K. and Lesley B. Frasher,
and land belonging to the Estate of Helen J.
Raiford, and on the West by the right-of-way
of Greenwell Road.
2. Any building lot created shall connect to public
sewer and water if available.
3. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach on
the 7th day of May 1991.
Nine (9) affirmative votes of Council
are required for passage of this Ordinance.
EL
+
ACK
BL
CO,,E ROA,
(50',
F
p
0
S @(1- 40 [7 W
28
s 50, 26, 39@" E
100 00' 50 72
N 26'00'00' W 200 00'
GI?EENW,-LL RCAT-? (50'RIW)
SCALF
THIS DEED, Made this day of
1991, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the State of Virginia, Grantor, party of the first
part, and WILLIAM L. BLUMLING and LESLEY B. BLUMLING, husband and
wife, Grantees, party of the second part, whose address is -
Virginia Beach,
Virginia
W I T N E S S E T H
That for and in co-sideration of the sum ot 114hfHOUSA-00
FOUR HUNDRED and Nolloo DOLLARS ( 00.00), the party of the
,first part does hereby grant, bargain, sell and convey with SPECIAL
WARRANTY, unto the party of the second part the following described
property:
All that certain strip or parcel of land lying being in
situate in Bayside Borough, City of Virginia Beach,
Virginia, as shown on that certain plat entitled
"Subdivision of Tract A, Subdivision of Property of
Margaret E. Duvall, Bayside Borough, Helen J. Raiford,ll
made by Baldwin and Gregg, Engineers, Planners,
Surveyors, dated July 10, 1978, beginning at a point
located on the East right-of-way of Greenwell Road, S
26' 001 0011 E, 311.42 feet of a certain pipe located in
the Southeast corner of Black Cove Road and Greenwell
Road; thence S 84' 221 0411, E 118.58 feet to a point;
thence S 50' 261 3911 E, 3.73 feet to a point; S 69' 321
3311 E, 28.80 feet to a Do,'--t; 1-hencL-. S 59' 171 0-011 W,
26.24 feet to a point; thence N 84' 221 0411 W, 112.97
feet to a point; thence N 26' 001 0011 W, 29.36 feet to
the point of beginning, said property being bounded
generally on the North by the Helen J. Raiford Estate,
on the East by a 20 foot strip of property belonging to
the City of Virginia Beach, on the South by land now or
formerly belonging to Burton K. and Lesley B. Frasher,
and land belonging to the Estate of Helen J. Raiford, and
on the West by the right-of-way of Greenwell Road.
IN WITNESS WHEREOF, the City of Virginia Beach has caused
these presents to be executed in its name on behalf by
city manager, and its
corporate seal to be hereto affixed and duly attested by
Deputy City Clerk, pursuant
to ordinance adopted.
CITY OF VIRGINIA BEACH
By
City Manager
Attest:
City Clerk PROVED AS TO CONTENT
APPROVED AS TO FORM AND CORRECTNESS: SlqNATURE
DEPARTMENT
ty Attorney
APpr@DVI--D tt T.
STATE OF VIRGINIA
CITY OF Virginia Beach, to-wit:
I, a Notary Public in
and for the City of Virginia Beach in the State of Virginia, do
hereby certify that , City Manager and
Deputy City Clerk, of the City of
Virginia Beach, whose names as such are signed to the foregoing
Deed bearing date on the day of , 1991, have
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
1991.
No
my commission Expires:
@AKE JOYCE
I-E
16
IN THE MATTER OF DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME WHICH
PROPERTY IS LOCATED ON GREENWELL ROAD
IN VIRGINIA BEACH
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your petitioner, William L. BluMling, through his counsel,
respectfully represents as follows:
1. That the petitioner respectfully applies to the Mayor and
the Council of the City of Virginia Beach for an ordinance
declaring the below described property to be in excess of the needs
of the City of Virginia Beach and to authorize the City Manager to
convey the property to the petitioner in the manner he deems in the
best interest of the City of Virginia Beach.
2. That your petitioner owns the parcels on either side of the
below described property. That all three parcels are needed to
create a building site. That none of the parcels bave any utility
until joined together.
3. The property your petitioner asks to be declared in excess
of the needs of the City is described as follows.
All that certain strip or parcel of land lying being in
situate in Bayside Borough, City of Virginia Beach,
Virginia, as shown on that certain plat entitled
"Subdivision of Tract A, Subdivision of Property of
Margaret E. Duvall, Bayside Borough, Helen J. Raiford,ll
made by Baldwin and Gregg, Engineers, Planners,
Surveyors, dated July 10, 1978, beginning at a point
located on the East right-of-way of Greenwell Road, S
26' 001 0011 E, 311.42 feet of a certain pipe located in
the Southeast corner of Black Cove Road and Greenwell
Road; thence S 84' 221 0411, E!118.58 feet to a point;
thence S 50' 261 3911 E, 3.73 feet to a point; S 69' 321
3311 E, 28.80 feet to a point; thence S 59' 171 0011 W,
26.24 feet to a point; thence N 84' 221 0411 W, 112.97
feet to a point; thence N 26' 001 0011 W, 29.36 feet to
the point of beginning, said property being bounded
generally on the North by the Helen J. Raiford Estate,
on the East by a 20 foot Strip of property belonging to
the City of Virginia Beach, on the South by land now or
formerly belonging to Burton K. and Lesley B. Frasher,
and land belonging to the Estate of Helen J. Raiford, and
on the West by the right-of-way of Greenwell Road.
4. That no inconvenience will result to any person by reason
of the sale of this property.
5. That the petitioner is the owner by deed of conveyance of
certain rights of reverter formerly held by the City of Norfolk.
Respectfully submitted,
WILLIAM L. BLUMLING
By
Of counsel
Michael A. Inman, Esquire
McCardell & Inman, P.C.
2840 South Lynnhaven Road
Virgina Beach, Virgina 23452
- 29 -
Item 11-K.3 al-
CONSENT AGENDA ITEM # 34392
Upon motion by Counci Iman Sessoms, seconded by Counci lwoman Parker, city
Council ADOPTED:
Ordinances to authorize acquisition of property In
fee simple for right-of-way and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation:
Independence Boulevard Phase IV (CIP 2-987)
Rosemont Road, Phase IV (CIP 2-075)
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Councll Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
I AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 INDEPENDENCE BOU-@EVARD PHASE IV CIP 2-987 AND
4 'I'HE ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled
21 "INDEPENDENCE BLVD. PHASE IV C.I.P. NO. 2-987,11 these plans being
22 on file in the Office of Real Estate Department of Public Works,
23 Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 7th day of May 1991.
32 CA-4228
33 NONCODE\CA-4228.ORD
34 R-1 APPROVPM AS To C
SIGNATURE
DEPARTMENT
B L
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 ROSEMONT ROAD PHASE IV CIP 2-075 AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the location map entitled
21 "ROSEMONT ROAD PHASE IV C.I.P. NO. 2-075," this location map being
22 on file in the Office of Real Estate Department of Public Works,
23 Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 7th day of May 1991.
32 CA-4148
33 NONCODE\CA-4148.ORD
34 R-1
"OVED AS TO CONTEI-JTS
DEPARTMENT
APPitOVED AS TO LEGAL
SUFF
Bkvq
R ONT ROAO
s fl-- I v
NO. 2-075
SCALE lll::IGOO'
PREPARED BY P/W ENG. DRAFT. 2/27/91
- 30 -
Item Ill-K.3 c.
CONSENT AGENDA ITEM # 34393
Arthur Shaw, City Engineer, advised a portion of this project was to instal I a
pump station with a force main al I the way to Crab Creek. A suggestlon was
made rather than lnstal I Ing an expensive pump statlon and a force main to
uti I lze City owned property to bul ld a large BMP retention pond. The proposer
suggested he would do the excavation of the pond, if the City would divert the
water from the pump station either with a shortened force main or by gravity.
It has been determined if the proposer does the excavation for the BMP as
offered, the cost to the City would be no greater. This same proposal Is being
offered with about 500 feet of frontage on Shore Drive and some frontage on
Marlin Bay Lane, which the City could turn Into a boat ramp or a marina
facility. This land would be dedicated to the City. A proposal that has not
been refined Is the same proposer would provide the dredging of Pleasure House
Creek from the Inlet up to the Marina and also provide access to the property.
Upon motion by Councllman Heischober, seconded by Councilman Jones, City
Council ADOPTED:
Ordinance to authorize acquisition of property In
fee simple for right-of-way and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation:
Ocean Park Storm Drainage, Phase 11 (CIP-819)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, LouTs R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Nancy K. Parker and Wililam D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
I AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 OCEAN PARK STORM DRAINAGE PHASE II (CIP 2-
4 819) AND THE ACQUISITION OF TEMPORARY AND
5 PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important storm drainage system to provide for
10 the preservation of the safety, health, peace, good order, comfort,
11 convenience, and for the welfare of the people in the City of
12 Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled "OCEAN
21 PARK DRAINAGE PHASE II," these plans being on file in the Office
22 of Real Estate Department of Public Works, Virginia Beach,
23 Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the - 7th day of May 1991.
32 CA-4156
33 NONCODE\CA-4156.ORD
34 R-1
@RC,VEU AS TO
APPROVED AS T() LE-AT
SUFFICIENC'VA@4,D
CITY ATTORNEY
LYNNHAVEN
INLET
------ -----
c. i.
- 31 -
Item Ill-K.3 d.
CONSENT AGENDA ITEM # 34394
Upon motion by CouncIIman Brazi er, secon de d by CouncIIman Baum, City CouncII
ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation:
Wolfsnare Ditch Improvements (CIP 2-117)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
I AN ORDINANCE TO AIJTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR TEMPORARY AND
3 PERMANENT EASEMENTS OF RIGHT OF WAY FOR
4 WOLFSNARE DITCH IMPROVEMENTS CIP 2-117 EITHER
5 BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of these easements to provide improvements of erosion
9 problems for the preservation of the safety, health, peace, good
10 order, comfort, convenience, and for the welfare of the people in
11 the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City of Virginia Beach is hereby
15 authorized to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq. , Code of Virginia of 1950, as amended, all that certain
18 real property in fee simple, including temporary and permanent
19 easements of right of way as shown on the location map entitled
20 "WOLFSNARE DITCH IMPROVEMENTS C.I.P. NO. 2-117,11 this location map
21 being on file in the Office of Real Estate Department of Public
22 Works, Virginia Beach, Virginia.
23 Section 2. That the City Manager is hereby authorized
24 to make or cause to be made on behalf of the City of Virginia
25 Beach, to the extent that funds are available, a reasonable offer
26 to the owners or persons having an interest in said lands, if
27 refused, the City Attorney is hereby authorized to institute
28 proceedings to condemn said property.
29 Adopted by the council of the City of Virginia Beach,
30 Virginia, on the 7th day of May 1991.
31 CA-4149
32 NONCODE\CA-4149.ORD
33 R-1
APPRC,VEL) AS Tr-I
A["
APPPOVII!) AS 'F'@) 1.7-,
SUFFIC]Et,*CY AND
CITY ATTORNEY
LINKHOR
pol
WOLFSI DITA
IMPROVEMENTS
C.I.P. NO. --117
SCALE lilz:l@00',
i
PREPARED BY P/W ENG. DR
A F T. 2,4,@8
- 32 -
Item Ill-K.4-
CONSENT AGENDA ITEM # 34395
Upon motion by Counci Iman Sessoms, seconded by Counci lwoman Parker, City
Council ADOPTED:
Ordinance authorizing the City Manager to apply to
the U. S. Department of Housing and Urban
Development for the Seventeenth Year entitlement of
Community Development Block Grant Funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Councll Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
IRequested by: The Department of HOUSing and Neighborhood Preservation
2 AN ORDINANCE TO APPLY FOR COMMUNITY
3 DEVELOPMENT BLOCK GRANT FUNDS
4 FOR THE SEVENTEENTH PROGRAM YEAR
5 WHEREAS, the United States Congress has established
6 legislation designated as the Housing and Community Development Act
7 of 1974 setting forth as a national goal the development of viable
8 urban communities; and
9 WHEREAS, there is federal assistance available for the
10 support of -lommunity Development and Housing activities directed
11 toward specific objectives slich as the elimination of deteriorated
12 conditions in low and moderate income neighborhoods; the
13 elimination of conditions which are detrimental to health, safety
14 and welfare; the conservation and expansion of the Nation, s housing
15 stock; the expansion and improvement of the quantity and quality
16 of community services; and other related activities; and
17 WHEREAS, the City of Virginia Beach has developed a
18 multi-year Comminity Development Program and has structured the
19 necessary mechanisms for implementation in compliance with federal
20 and local directives: and
21 WHEREAS, the --ity of Virginia Beach is iii the process of
22 implementing this program and desires to initi-ate an application
23 for the Seventeenth Year funding (1991-1992) in the amc)unt of
24 $11,482,000 which includes projected income of $100,000.
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the City Manager is hereby authorized and directed
Is to cause such information or mater@-als, as may be necessary, to be
@9 provided to the Department of Housing and Urban Developmelat to
30 permit the review, approval, and funding of the City's Seventeenth
31 Year Entitlement Graiit application, and
32 BE IT ORDAINED, that the Council of the city of Virginia
33 Beach gives its asstirance that the inteilt of the Act will be
34 complied with in full.
3 5 Adopted by the Council of the city of Virginia Beach,
36 virginia on this th day of , 1991.
37 APPROVED AS TO CONTENT: APPROVE @ S-TO FORM: @
38 1
39 Ma
40 De ousing and City,
41 Neighborhood Preservation
- 33 -
Item Ill-K.5.
CONSENT AGENDA ITEM # 34396
Upon motion by Councilman Sessoms, seconded by Counci lwoman Parker, City
Council APPROVED, upon FIRST READING:
ordinance to APPROPRIATE $29,791 from excess Income
funds for housing programs in Target areas to the
Community Development loan and grant fund.
Voting-. 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
AN ORDINANCE TO APPROPRIATE $29.791 IN COMMUNITY DEVELOPMENT
EXCESS PROGRAM INCOME FUNDS FOR HOUSING PROGRAMS
IN THE TARGET AREAS
I WHEREAS. the City receives Community Development Block Grant
2 funds to be used to benefit low and moderate income persons. and
3 WHEREAS. one of the uses of such funds is to make loans and
4 grants for the rehabilitation of housing, and
5 WHEREAS. income from the repayment of such loans is regularly
6 received by the City. and
7 WHEREAS. income in excess of the amount previously estimated
8 and appropriated has been received. and
9 WHEREAS. there is a need for additional funds for demolition
10 of vacant dilapidated housing and rehabilitation of substandard
11 housing in the target areas before the next allocation of CDBG
12 funds Is received;
13 NOW, THEREFORE BE IT ORDAINED that excess program income funds
14 in the amount of $ 2 9 . 7 9 1be appropriated to the Community
15 Development loan and grant fund.
16 Adopted by the Council of the City of Virginia Beach this
17 day of 1991
18 Approved as to Content Approved as to Form
19
20 Mar@l. U or
21 DeparVhent of Housing and
22 Neighborhood Preservation
23 c/data/director/proginc.ord
May 7, 1991
First Reading
Second Reading
AN ORDINANCE TO APPROPRIATE $29,791 IN COMMUNITY DEVELOPMENT
EXCESS PROGRAM INCOME FUNDS FOR HOUSING PROGRAMS
IN THE TARGET AREAS
1 WHEREAS, the City receives Couimunity Development Block Grant
2 funds to be used to benefit low and moderate income persons. and
3 WHEREAS, one of the uses of such funds is to make loans and
4 grants for the rehabilitation of housing. and
5 WHEREAS. income f rom the repayment of such I oans is regul arl y
6 received by the City, and
7 WHEREAS, income in excess of the amount previously estimated
8 and appropriated has been received. and
9 WHEREAS, there is a need for additional funds for demolition
1 0 of vacant di 1 api dated housi ng and rehabi Ii tat ion of sub standard
1 1 housi ng in the target areas before the next allocation of CDBG
12 funds is received;
1 3 NOW. THEREFORE BE IT ORDAINED that excess program income funds
14 in the amount of $ 2 9 . 7 9 1be appropriated to the Community
15 Development loan and grant fund.
16 Adopted by the Council of the City of Virginia Beach this
17 day of 1991
18 Approved as to Content Approved as to Form
19
20 Mar@l. Ui r
21 DeparWent of Housing and
22 Neighborhood Preservation
23 c/data/director/proginc.ord
May 7, 1991
Fj-rst Rea ing
Second Reading
- 34 -
Item Ill-K-6-
CONSENT AGENDA ITEM # 34397
Upon motion by Counci Iman Sessoms, seconded by Counci lwoman Parker, City
Council ADOPTED:
Ordinance authorizing the City Manager to enter
Into a cost participation agreement ($39,157 City's
share) with Terry/Peterson Development Corporation,
re construction of certain sewer facilities at
Lake Cypress Condominiums at Newtown Road
(Kempsville Borough).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Terry/Peterson Development Corp. is developing
certain property in the Bayside Borough in accordance with the
terms and conditions of city ordinances, and
WIIEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WIIEREAS, the city has requested that the developer
oversize the sewer system to serve the surrounding area, and
WliEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and will
prevent the city from incurring additional costs at a later date,
and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$39,157 with such costs to be charged to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that the city manager is hereby
authorized and directed to enter into a cost participation
agreement with Terry/Peterson Development Corp. for construction
of certain sewer facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 7th day of May 1 1991
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this day of i&D 199@ by and between
Terry/Peterson Development Corporation hereinafter referred to as "Owner", and the
CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of Lake Cypress Subdivision, Parcel
2, M.B, 205 pg. 73, G-Pin 1/1468 43 8477; A.K.A. Newtown Condominiums; and
WHEREAS, Owner is desirous of improving the Project in accordance with the
terms and conditions of the City ordinances and agrees to conform to said ordinances;
and
WHEREAS, in order for owner to provide sewer service to this Project, it
is necessary for owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in scope
than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing service to
customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree tbat:
1. Owner shall construct a sewer system (hereinafter the "Systein")
according to plans and specifications approved by the Department of Public Utilities,
a copy of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of $Thirty-
Nine Thousand One Hundred Fifty-Seven Dollars and No Cents ($39,157.00) after
successful completion of tbe System and acceptance thereof by the City in accordance
with approved plans.
3. The City shall have the rigbt at any time to make, connect, or permit
the connection of any otber sewer facility to the System. Any such connection may be
1
at any point, and the City sball have the right at any time to use the System to
serve persons within and without the Project limits.
4. ljpon successful completion of the System and acceptance thereof by the
City, owner hereby agrees tbat the System, including but not limited to sewer
connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of tbe date of the City's written
acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and all
liability of whatever nature arising out of the design, approval, construction and/or
installation of the System. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on account hereof, the
Owner at its sole cost shall defend the City against such claims,
6. This Agreement shall inure to the benefit of and be binding upon the
parties hereto and tbeir respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's
expense.
O('
2
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
City Manager
DATE
ATTEST:
(SEAL)
City Clerk
@esident
DATE -7
ATTEST
@retary
APPROVED AS) CONTENTS:
Depart&nt of Public Utilities
APPROVED AS TO FORM:
City Attorney's office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
@Department of Finance
3
STATE OF Virgi.la
Virginia Beach
CITY OF
I, Dolores M. Firnstahl a Notary Public in and for the Gity
and State aforesaid, do hereby certify that John H. Peterson, Jr.
President of Terry/Peterson Dev. Co,p. whose name is signed to the writing above,
2/7/91
bearing date of have acknowledged the same before me in my City and
State aforesaid.
Given under my hand this 7th day of February 19 91
My Commission Expires 7/15/91
C.- issi..ed as: D.Iores F. Marquette 'k@
Notary Public
STATE OF Vorgenia
CITY OF Vorginia Beach
i, Vickie M. Lockyear a Notary Public in and for the City
and State aforesaid, do hereby certify that Richard E. Olivieri
Secretary whose name is signed to the writing above, bearing date of 2/7/91
have acknowledged the same before me in my City and State aforesaid.
Given under my hand this 8th day of February 19 91
My Commission Expires October 31, 1994
Notary Publi(O
4
STATE OF VIRGINIA
GITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by Aubrey V. Watts, Jr. ,
City Manager of the City of Virginia Beach, this day of
1990.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by Ruth Hodges Smith,
City Glerk of the City of Virginia Beach, this _ day of 1990.
Notary Public
My Commission Expires:
3/90
5
- 35 -
Item Ill-K-7-
CONSENT AGENDA ITEM # 34398
Upon motion by Councl Iman Sessoms, seconded by Counci lwoman Parker, City
Council APPROVED:
LOW BID:
WARBLER CONSTRUCTION ARAGONA SEWER REHABILITATION $432,292.39
CORPORATION CONTRACT I (CIP 6-937)
KEVCOR CORPORATION ARAGONA SEWER REHABILITATION $467,919.69
CONTRACT 11 (CIP 6-937)
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and Wililam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 36 -
Item III-K-8-
CONSENT AGENDA ITEM # 34399
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council APPROVED:
Applications for ambulance permits pursuant to
Section 10.5-2 of the Code of the City of Virginia
Beach, Virginia:
Virginia Beach Lifesaving Service, Inc.
Ocean Rentals, Ltd.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Ifeischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 37 -
Item III-K.9-
CONSENT AGENDA ITEM # 34400
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Diamond Cab Company
Beach & Coastal Cab Co.
Nite Life Marina
Classic Lilnousine Service
Beach Limousine Service, Inc.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 38 -
Item III-K.10
CONSENT AGENDA ITEM # 34401
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance authorizing tax refunds in the amount
$14,385.42 and upon application of certain persons
and upon certification of the City Teasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
4/16/91 E@IC
ORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Kent W & Eva Weathersby 88 RE(1/2) 114224-4 12/5/87 3.29
Kent W & Eva Weathersby 88 RE(2/2) 114224-4 6/5/88 3.29
i i Bradshaw/Lovitt 88 RE(2/2) 11334-9 6/5/88 6.58
R G Moore Bldg Corp 89 RE(1/2) 77046-8 12/5/88 91.32
R G Moore Bldg Corp 89 RE(2/2) 77046-8 6/5/89 91.32
R G Moore Bldg Corp 90 RE(1/2) 78026-7 12/5/89 107.28
R G tioore Bldg Corp 90 RE(2/2) 78026-7 r@/5/gn 107.28
Robert M Stein etal 90 RE(2/2) 108398-2 6/5/90 132.32
Tollie W Rich Jr 91 RE(1/2) 95349-0 12/5/90 154.80
Tollie VI Rich Jr 91 RE(2/2) 95349-0 12/5/90 154.80
College Square Associates 91 RE(1/2) 21,460-7 12/5/90 43.96
Joyce P Copes 91 RE(1/2) 23737-2 11/21/90 49.21
Home Savings Bank FSB 91 RE(1/2) 46661-3 12/5/90 20.12
Bruce C & Kimberly Gottwald 91 RE(1/2) 43640-6 12/31/90 171.90
Everette C7 Allen Jr 91 RE(1/2) 1557-5 12/5/90 135.48
11/26/90 32.70
Gulf States Mortgage 91 RE(1/2) 93735-7 .1
Gulf States Mortgage 91 PE(1/2) 75306-3 1/22/91 435.oi
Homestead Savings 91 RE(1/2) 10370-1 11/26/90 23.22
Cenit Bank 91 RE(1/2) 44048-2 12/5/90 13.71
Homestead Savings 91 @E(1/2) 38414-0 11/26/90 18.23
Sherwood E Liles Jr 91 RE(1/9) 67188-3 11/15/90 888.16
Banc Plus Savincis Assoc 91 RE(1/2) 63226-6 11/26/90 67.08
1/18/91 212.85
James B III & Carolyn McCaw 91 RE(1/2) 72886-8
John P C Hanbury 91 RE(1/2) 47004-7 12/5/90 89.18
Principal Mutual Life Ins 91 RE(1/2) 48522-8 12/5/90 49.02
N B D Mortgage Co 91 RE(1/2) 88700-8 11/19/90 116.10
Chemical Mortgage Co 91 RE(1/2) 76877-0 11/26/90 98.04
Benjamin Willis P,@ @l Spivey 91 RE(1/2) 124891-,r) 12/5/90 54.70
Moore's Enterprises Unltd 87 pp 120220-5 9/27/90 40.02
Moore's Enterprises Unltd 87 pp 120214-3 9/27/90 22.01
Moore's Enterprises Unltd. 87 pp 120221-4 9/27/90 36.27
Moore's Enterprises Unltd 87 pp 120221-4 1/4/01 73.62
Moore's Enterprises Unltd 87 pp 120210-7 1/4/91 24.38
Adam D & Betsy Libretta 91 pp 0183411-4 4/1/01 10.00
Joanne Taylor 91 Dog VIO,498 4/11/91 5.00
Total 3,583.07
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cer
.07 were approved by
the Council of the City of Virginia
Beach on the@-day of 1991.
Joh surer
Approved as to form:
Ruth Hodges Smith
City Clerk
4/ 23/ 91 E@IC
ORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification Of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Holland Office Park Assoc. 87 RE(1/2) 47226-5 12/5/86 598.51
Holland Office Park Assoc 87 RE(2/2) 47226-5 6/5/87 598.51
Holland Office Park Assoc 88 RE(1/2) 49103-8 12/5/87 656.11
Holland Office Park Assoc 88 RE(2/2) 49103-8 6/5/88 656.11
Holland Office Park Assoc 89 RE(1/2) 50709-3 11/16/88 667.21
Holland Office Park Assoc 89 RE(2/2) 50709-3 5/18/89 667.21
Holland Office Park Assoc 90 RE(1/2) 51462-5 11/29/89 703.17
Holland Office Park Assoc 90 rZE(2/2) 51462-5 5/25/90 703.17
Holland Office Park Assoc 91 RE(1/2) 52316-0 12/5/90 801.39
Kenneth L Ellis Jr 87 RE(1/2) 16356-2 4/2/91 359.77
Albert E 14ilson 88 RE(2/2) 117934-8 6/5/88 6.58
Albert E Wilson 89 RE(1/2) 121383-5 12/5/88 13.73
Albert E !4ilson 89 RE(2/2) 121383-5 5/25/89 13.73
Albert E llilson 90 RE(1/2) 123608-7 12/5/89 14.66
Albert E t4ilson 90 RE(2/2) 123608-7 6/5/90 14.66
Gulf States Mortgage 89 RE(1/2) 72877-3 1/22/91 443.83
Gul.f States Mortgage 89 RE(2/2) 72877-3 1/22/91 428.22
Gulf States Mortgage 90 RE(1/2) 74044-4 1/22/91 444.82
Gulf States Mortgage 90 RE(2/2) 74044-4 1/22/91 126.39
Gulf States Mortgage 90 RE(1/2) 55717-9 12/1/89 354.54
Viking @lotel Corp 91 RE(1/2) 118528-3 12/5/90 1,019.35
Farm & Home Savings 91 RE(1/2) 17095-0 11/26/90 74.31
Church Point Associates 91 RE(1/2) 20912-5 12/5/90 254.17
Atlantic Permanent FSB 91 RE(1/2) 96454-9 12/5/90 796.38
Sykes Carnes Bourdon etal 91 RE(1/2) 55372-4 1/18/91 85.82
Total 10,802.35
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling CE
02-35 were approved by
the Council of the City of Virginia
Beach on the@-day of 1991.
Jo asurer
Approved as to form:
Ruth Hodges Smith
City Clerk
- 39 -
Item III-L.l.
APPOINTMENTS ITEM # 34402
Upon NOMINATION by Councilman Heischober, City Council
EROSION COMMISSION
REAPPOINTED
Myles A. Pocta
AND,
APPOINTED
Robert H. Vakos
Four Year Terms: 5/1/91 - 4/30/95
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 40 -
Item Ill-L.2-
APPOINTMENTS ITEM # 34403
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
EROSION COMMISSION
Helen E. 14cDonald
Four Year Term: 5/1/91 - 4/30/95
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessoms, Jr.
Councl] Members Voting Nay:
Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
- 41 -
Item III-M.I-
UNFINISHED BUSINESS ITEM # 34404
ADD-ON
Councilman Baum distributed copies of his TESTIMONY BEFORE THE HOUSE SMALL
BUSINESS COMMITTEE On April 15, 1991 relative wetlands regulations.
Councilman Baum distributed a copy of a letter from the Back Bay Restoration
Foundation dated April 13, 1991. Said copy is hereby made a part of the
record. This correspondence requested letters be written in OPPOSITION to H. R.
1330. A coalition of industry groups have been requesting major changes in
Section 404 of The Clean Water Act, the primary legislation which currently
protects wetlands. A Bill has been introduced entitled: "Comprehensive Wetlands
Conservation and Management Act of 1991, H.R. 1330".
The Hampton Roads Planning District distributed a 23-page document from former
Congessman Paul Trible and how devestating wetlands is to the area and a
suggested political solution. Councilman Baum requested the City Council
devise a resolution supporting the redefinition or reexamination of the word
"wetlands".