The URL can be used to link to this page

Home My WebLink AboutMAY 15, 1981 SPECIAL SESSION tlay 1, 1981 The Honorable Mayor Members of City Council As prescribed by Section 2-9 of the Code of the City of Virginia Beach and in compliance with my budget message dated April 1, 1981, I hereby respectfully request a Special tleeting of the Virginia Beach City Council to be held in the Council Chambers at 2:00 p.m. Friday, tqay 15, 1981. The purpose of this meeting is to present for your consideration the Second Reading for adoption of the FY 1981- 82 Operating Budget for the City of Virginia Beach. fully, i GLH:asd SPECIAL MEETING VIRGINIA BEACH CITY COUNCIL Friday, 15 May 1981 2:00 p.m. City Council Chambers ITEM I FORMAL SESSION A. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D.D.S. B. READING OF THE CITY MANAGER'S CALL FOR SPECIAL MEETING C. ROLL CALL D. 1981 -1982 FY Budget - City of Virginia Beach SECOND READINGS OF ORDINANCES: a. Ordinance, on SECOND READING, making appropriations for the Fiscal Year beginning July 1, 1981 and ending June 30, 1982, in the sum of $238,076,358 for Operations and $71,158,774 in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. b. Ordinance, on SECOND READING, establishing the tax levy on Real Estate for tax Fiscal Year 1982. c. Ordinance, on SECOND READING, to amend and reordain Section 33-12, Chapter 33 of the Code of the City of Virginia Beacb relating to the taxes of utility services. d. Ordinance, on SECOND READING, establishing the tax levy on personal property and machinery and tools for the Calendar Year 1982. e. Ordinance, on SECOND READING, to amend and reordain Section 22-68 of the Code of the City of Virginia Beach relating to license taxes on motor vehicles. f. Ordinance, on SECOND READING, to amend and reordain Section 33-24, Chapter 33 of the Code of the City of Virginia Beach relating to the tax on the sale of cigarettes. g. Ordinance, on SECOND READINC, to amend and reordain Section 27-1-% Chapter 27 of the Code of the City of Virginia Beach relating to the assessment for the use of the Public Law Library. h. Ordinance, on SECOND READING, to amend and reordain Section 33-60 of the Code of the City of Virginia Beach relating to taxes on persons admitted to, and refresh- ments, etc., sold, etc., at places of amusement and entertainment. i. Ordinance, on SECOND READING, to amend and reordain Section 33-76 of the Code of the City of Virginia Beach relating to tax on persons obtaining food, etc., at restaurants, etc., charging therefor. E. Discussion F. Adjourn - 2- ITEM #16661 Mayor McCoy entertained a motion to permit Council to recess into EXECUTIVE SESSION following the FORMAL SESS10N for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. CPersonnel Matters). 2. Consultation witb legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following tbe FORMAL SESSION. Voting: 11-0 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Hesichober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None S P E C I A L M E E T I N G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 15 May 1981 The Special Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Council Chambers, City Hall Building, on Friday, 15 May 1981, at Two o'clock in the afternoon. Council Members Present:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara, M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #16660 The City Clerk read the City Manager's Notice of Special Meeting: "As prescribed by Section 2-9 of the Code of the City of Virginia Beach and in compliance with my Budget message dated April 1, 1981, I hereby respectfully request a Special Meeting of the Virginia Beach City Council to be held in the Council Chambers at 2:00 p.m., Friday, May 15, 1981. "Tbe purpose of this meeting is to present for your con- sideration the Second Reading for adoption of the FY 1981- 82 operating Budget for the City of Virginia Beach." *VERBAL'ROLL CALL - 3- ITEM #16662 The following persons appeared regarding the proposed Budget and Ordinances: Mrs. Ann Wyn Williams - relinquished her time Dwight Mitchum did not attend Jerome Gordon Executive Director, National Association of Theatre Owners of Virginia, and Assistant to the President of the National Association of Theatre Owners - spoke on the proposed increase of admissions tax to ten-cents (10cts) Attorney Grover C. Wright, Jr., representing the Restaurant Association Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the City Manager and ADOPT on SECOND READING ordinances I.D.b thru I.D.i: I.D.b Ordinance on Second Reading establishing the tax levy on Real Estate for tax Fiscal Year 1982. I.D.c Ordinance on Second Reading to amend and reordain Section 33-12, Chapter 33 of the Code of the City of Virginia Beach relating to the taxes on utility services. I.D.d Ordinance on Second Reading establishing the tax levy on personal property and machinery and tools for the Calendar Year 1 9 8 2. I.D.e Ordinance on Second Reading to amend and reordain Section 22-68 of the Code of the City of Virginia Beach relating to license taxes on motor vehicles. I.D.f Ordinance on Second Reading to amend aud reordain Section 33-24, Chapter 33 of the Code of the City of Virginia Beach relating to the tax on the sale of cigarettes. I.D.g Ordinance on Second Reading to amend and reordain Section 27-15, Chapter 27 of the Code of the City of Virginia Beach relating to the assessment for the use of the Public Law Library. I.D.h Ordinance on Second Reading to amend and reordain Section 33-60 of the Code of the City of Virginia Beach relating to taxes on persons admitted to, and refreshments, etc., sold, etc., at places of amusement and entertainment. I.D.i ordinance on Second Reading to amend and reordain Section 33-76 of the Code of the City of Virginia Beach relating to tax on persons obtaining food, etc., at restaurants etc., charging therefor. - 4- AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1982 AE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1982 taxes for general purposes on all real estate, not exempt from taxation and not other- wise provided for in this Ordinance, a rate of seventy-two cents ($.72) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58-512.1 of the Code of Virginia, as amended. Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED. There shall be levied and collected for general purposes for fiscal year 1982 taxes on all Public Service Real Property, which has not been equalized as provided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be determined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFLED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1982 taxes on all real estate certified by the Commonwealth of Virginia - 5- as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate of seventy-two cents ($.72) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed iri this section shall be applied on the basis of one hundred percentum of fair market value of such real property. Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. AP AS TO C T DEPART@,@E,'qT APPRC'@'ED AS 0 RIORM SIGNATURE CITY AT:('-. 6- AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-12, CHAPTER 33 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE TAKES OF UTILITY SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 33-12 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Section 33-12. Imposition and levy; collection and payment generally. For each year beginning January first and ending December thirty-first of each such year, unless otherwise changed by the council; there is hereby imposed and levied by the city upon each residential purchaser of a utility service a tax in the amount of twenty percent of the charge, exclusive of any federal tax thereon, made by the seller against the purchase with respect to each utility service, and in addition there is hereby imposed and levied by the city upon each commercial or industrial purchaser of a utility service a tax in the amount of e%fei-re twenty percent of the charge, except as otherwise herein provided, exclusive of any federal tax thereon, made by the seller against the purchaser with respect to each utility service. Such tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the purchaser unto the seller for the use of the city at the time that the purchase price or such charge shall become due and payable. The tax hereby imposed shall not be applied to any portion of a monthly charge for a commercial or industrial purchaser that exceeds four hundred dollars. - 7- With respect to commercial purchasers of telephone services, the tax shall be twenty percent on basic charges for local exchange telephone ser- vice,-and all other services provided in connection with local exchange telephone service shall be taxed at four percent. For the purpose of this division the words "commercial or industrial purchaser" shall not be construed to include a purchaser in the business of renting apartments or other such dwelling units as to utility service fur- nished directly to an apartment or other such dwelling unit; and provided, however, that utility services purchased by such purchaser through separate meters for hallways, swimming pools, outside lighting and other accessory uses shall be deemed commercial or industrial purchases. This ordinance shall become effective on bills rendered on meter readings taken on and after June 1, 1981, with respect to the the purchase of any gas, electric, or water service, and on charges first appearing on bills dated on and after June 1, 1981, with respect to local telephone service. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of M,;z 1981. A D CO,@TEI'4T SIGNATURE APP/PC,VLD AS TO (CIRM CITY ATiO;'@',,EY 8- AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1982. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1982 calendar year taxes on all tangible personal property, not exempt from taxa- tion and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on each one hunded dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 50% of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calen- dar year 1982 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, a rate of seventy-two cents ($.72) on each one hundred dollars ($100) of assessed valuation thereof. The personal property rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such personal property. - 9- Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURE. 'there shall be levied and collected for the calendar year 1982 for general purposes taxes on all boats or watercraft under five tons burthen used for business or pleasure, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be on the basis of iorty- ii!ve fifty percentum of the fair market value of such personal property. Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall he levied and collected for the calendar year 1982 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this sec- tion shall be applied on the basis of 4" 50% of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1982 calendar year, taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed -10- valuation thereof. The rate imposed by this section shall be applied on the basis of@ 50% of the fair market value of such personal property. @ection 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1982 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of 46% 50% of the fair market value of such machinery and tools. Section 7. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1982. First Reading: 11 May 1981 SecondReading: 15 May 1981 Adopted by the Council of the City of Virginia, Beach, Virginia, on the 15 day of May 1981. AI'7 SIGNATURE D E P,@Rl 4T- APRRO'.-'@, D AS TU F@RM SIC,@,;ATURE CITY AII.OR,-4EY AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-68 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO LICENSE TAXES ON MOTOR VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 22-68 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Section 33-60. Imposition of license tax. There is is hereby imposed a license (fee) of fifteen dollars ($15.00) per year for each license year as provided in this article upon every person owning a motor vehicle weighing four thousand pounds or less designed and used for the transportation of passengers, which shall include every vehicle which is self-propelled or designed for self-propulsion, regularly kept in the city and used upon the public roadways of the city, except as herein otherwise specifically provided. If the motor vehicle weighs in excess of four thousand pounds, the license fee shall be twenty dollars ($20.00) per year for each license year. No license fee shall be required of any person for any vehicle not required to obtain an annual registration certificate and license by the Code of Virginia, Section 46.1-45 et seq., or any vehicle specifically exempt by Code of Virginia, Section 46.1-66. On ettd after 4sticary 1, i967i The license tax for motorcycles shall be three dellare ($4.00) eight dollars ($8.00) per year for each license year as provided in this article. -1 2- The annual license tax on a one-wheel or two-wheel trailer of a cradle, flat bed or open pickup type which has a body width not greater than the width of the motor vehicle to which it is attached at any time of operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having an actual gross vehicle weight not exceeding five thousand (5,000) pounds, and which is used for carrying property not exceeding one thousand (1,000) pounds at any one time, shall be three dollars and fifty cents ($3.50). Nothing in this paragraph shall be construed as applying to the fees for trailers or semitrailers designed for use as living quarters for human beings or to those trailers or semitrailers operated under lease or rental agreement or operated for compensation. There is hereby imposed a license tax to be paid by owners of all motor vehicles, trailers and semitrailers not designed and used for the transpor- tation of passengers. This tax shall be determined by the gross weight of the vehicle of combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, according to the schedule herein set forth. For each thousand pounds of gross weight for which any such vehicle is registered and licensed there shall be paid to the city treasurer the tax indicated in the following schedule immediately opposite the weight group and under the classification established by the provisions of Section 46.1-99(b) of the Code of Virginia into which such vehicle or any combination of vehicles of which it is a part falls when loaded to the maximum capacity for which it is registered and licensed. In no event shall the license required under this paragraph be less than fif- teen dollars ($15.00). -1 3- Pound Fees 41000 or less . . . . . . . . . . . . . . . . . $15.00 4,001- 16,000 . . . . . . . . . . . . . . . . . 20.00 16,000 - 17,000 . . . . . . . . . . . . . . . . . 20.80 17,001 - 18,000 . . . . . . . . . . . . . . . . . 22.10 18,001 - 19,000 . . . . . . . . . . . . . . . . . 23.40 19,001 - 20,000 . . . . . . . . . . . . . . . . . 24.70 20,001 - 21,000 . . . . . . . . . . . . . . . . . 26.00 21,001 - 22,000 . . . . . . . . . . . . . . . . . 27.30 22,001 - 23,000 . . . . . . . . . . . . . . . . . 28.60 23,001 - 24,000 . . . . . . . . . . . . . . . . . 29.90 24,001 - 25,000 . . . . . . . . . . . . . . . . . 31.20 25,001 - 26,000 . . . . . . . . . . . . . . . . . 32.50 26,001 - 27,000 . . . . . . . . . . . . . . . . . 33.80 27,001 - 28,000 . . . . . . . . . . . . . . . . . 35.10 28,001 - 29,000 . . . . . . . . . . . . . . . . . 36.40 29,001 - 30,000 . . . . . . . . . . . . . . . . . 37.70 30,001 - 31,000 . . . . . . . . . . . . . . . . . 39.00 31,001 - 32,000 . . . . . . . . . . . . . . . . . 40.30 32,001 - 33,000 . . . . . . . . . . . . . . . . . 41.60 33,001 - 34,000 . . . . . . . . . . . . . . . . . 42.90 34,001 - 35,000 . . . . . . . . . . . . . . . . . 44.20 35,001 - 36,000 . . . . . . . . . . . . . . . . . 45.50 36,001 - 37,000 . . . . . . . . . . . . . . . . . 46.80 37,001 - 38,000 . . . . . . . . . . . . . . . . . 48.10 38,001 - 39,000 . . . . . . . . . . . . . . . . . 49.40 39,001 - 40,000 . . . . . . . . . . . . . . . . . 50.70 40,001 - 41,000 . . . . . . . . . . . . . . . . . 52.00 41,001 - 42,000 . . . . . . . . . . . . . . . . . 53.30 42,001 - 43,000 . . . . . . . . . . . . . . . . . 54.60 43,001 - 44,000 . . . . . . . . . . . . . . . . . 55.90 44,001 - 45,000 . . . . . . . . . . . . . . . . . 57.20 45,001 - 46,000 . . . . . . . . . . . . . . . . . 58.50 46,001 - 47,000 . . . . . . . . . . . . . . . . . 59.80 47,001 - 48,000 . . . . . . . . . . . . . . . . . 61.10 48,001 - 49,000 . . . . . . . . . . . . . . . . . 62.40 49,001 - 50,000 . . . . . . . . . . . . . . . . . 63.70 50,001 - 51,000 . . . . . . . . . . . . . . . . . 65.00 51,001 - 52,000 . . . . . . . . . . . . . . . . . 66.30 52,001 - 53,000 . . . . . . . . . . . . . . . . . 67.60 53,001 - 54,000 . . . . . . . . . . . . . . . . . 68.90 54,001 - 55,000 . . . . . . . . . . . . . . . . . 70.20 55,001 - 56,000 . . . . . . . . . . . . . . . . . 71.50 56,001 - 56,800 . . . . . . . . . . . . . . . . . 72.80 56,801 and over . . . . . . . . . . . . . . . . . 75.00 The provisions of this section shall not be construed to apply to any motor vehicle or trailer or combinations thereof exempt form licensing under general law. This ordinance shall be effective beginning the 1982 license year. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. -1 4 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-24, CHAPTER 33 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE TAX ON THE SALE OF CIGARETTES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, Section 33-24 of the Code of the City of Virginia Beach, Virginia is hereby amended to read as follows: Section 33-24. Levy; rate and amount of tax; payment geneially. There is hereby levied and imposed by the city upon each sale of cigarettes a tax equivalent to five seven and one-half cents for each ten cigarettes, or fractional number of ten cigarettes, sold within the city, the amount of such tax to be paid by the seller, if not previously paid, in the manner and at the time provided in the following provisions of this division. This ordinance shall be effective on and after July 1, 1981. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. D-=PAI,-, NN@@N A 'VED AS 10 fOlZM CITY ATTOf,,'@"'EY -1 5- AN ORDINANCE TO AMEND AND REORDAIN SECTION 27-15, CHAPTER 27 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATLNG TO THE ASSESSMENT FOR THE USE OF THE PUBLIC LAW LIBRARY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 27-15 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Section 27-15. Created; assessment. Pursuant to Section 42.1-70, Code of Virginia, 1950 as amended, the City hereby creates and establishes a public law library, and does hereby impose and provide an assessment as part of the costs incident to each civil action filed in the circuit courts and the district courts, located within the boundaries of the City, a sum of one-dellar-<;I@04 two dollars ($2.00) and for each civil action filed. This ordinance shall be effective on and after July 1, 1981. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. APPRO "NT P @ll':Il A' AT@@ CITY A' -" - @ll -1 6- AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-60 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO TAXES ON PERSONS ADMITTED TO, AND REFRESHMENTS, ETC., SOLD, ETC., AT PLACES OF AMUSEMENT AND ENTERTAINMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 33-60 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Section 33-60. Levy; coliection generally. There is hereby imposed an levied and there shall be collected a tax of .@.t E.@ encit twe.ity eerie., .@ frect!Le.t theref ift excess of f-atir eents, ten per cent of the amounts paid for the admission to any place of amusement or entertainment, to be paid by every person who pays an admissions charge to such place. In case of the admission fee of any person, except those set forth in section 33-67, to any place of amusement or entertainment at any time when an admission charge is made to other persons, an equivalent tax is hereby levied and shall be collected based on the price charged to such other persons of the same class for the same or similar accommodations, such tax to be paid by the person so admitted. A tax of gi:ke ten per cent of all amounts paid for refreshments, ser- vice or merchandise is hereby imposed and levied at any of the places of amusement or entertainment enumerated in section 33-59 at which no admission charge is made. This ordinance shall be effective on and after June 1, 1981. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. APPROL@ AS IP CC?NTE'4T A,e,@ @ , 6@'- SIGNATURE L)EP,@@Th@Ei'4T AP VED AS TO rOiZM 1 7- AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-76 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO TAX ON PERSONS OBTAINING FOOD, ETC., AT RESTAURANTS, ETC., CHARGING THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 33-76 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Section 33-76. Levy; rate. There is is hereby imposed and levied on each I>erson a tax equivalent to tkfee six percent on the total amount paid for food, in or from any restaurant, whether prepared on in such restaurant or not and whether con- sumed on the premises. The tax shall be computed at a straight six percent, any fraction of one-half or more being treated as one cent. This ordinance shall be effective on and after June 1, 1981. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. A DEPART,',IE@JT APP-=V,:-D AS TO FOPM CITY -18- ITEM #16663 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the City Manager and ADOPT on Second Reading the Ordinance making appropriations for the Fiscal Year beginning July 1, 1981 and ending June 30, 1982, in the sum of Two Hundred Thirty-Eight Million, Seventy-Six Thousand, Three Hundred Fifty-Eight Dollars ($238,076,358), for Operations and Seventy-one Million, One Hundred Fifty-Eight Thousand, Seven Hundred Seventy-Four Dollars ($71,158,774), in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended, (ITEM I.D.a). Voting: 10-1 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Mayor J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *VtRBAL ROLL CALL -1 9- AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1981 AND ENDING JLJNE 30, 1982, IN THE SUM OF TWO HUNDRED THIRTY-EIGHT MILLION, SEVENTY-SIX THOUSAND, THREE HUNDRED FIFTY-EIGHT DOLLARS ($238,076,358) FOR OPERATIONS AND SEVENTY-ONE MILLION, ONE HUNDRED FIFTY-EIGHT THOUSAND, SEVEN HUNDRED SEVENTY-FOUR DOLLARS ($71,158,774) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1981, and ending June 30, 1982, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating THREE HUNDRED NINE MILLION, TWO HUNDRED THIRTY-FIVE THOUSAND, ONE HUNDRED THIRTY-TWO DOLLARS ($309,235,132) consisting of SEVENTY-ONE MILLION, ONE HUNDRED FIFTY-EIGHT THOUSAND, SEVEN HUNDRED SEVENTY-FOUR DOLLARS ($71,158,774) in interfund transfers and TWO HUNDRED THIRTY-EIGHT MILLION, SEVENTY-SIX THOUSAND, THREE HUNDRED FIFTY-EIGHT DOLLARS ($238,076,358) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1981-82, submitted by the City Manager on the date of April 1, 1981 are hereby appropriated, subject to the conditions hereafter set forth, for the year 1981-82, for the use of the several departments and specially desig- nated funds of the City Government, and for the purposes hereafter men- tioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1981 and ending June 30, 1982 as follows: - 20 - Budget Item of Expenditures 1981-1982 GENERAL FUND: Legislative Department: Municipal Council $ 825,422 City Clerk 146)030 Total $ 971,452 Executive Department: City Manager $ 259,806 Public Information Office 231,092 Grants Office 92,623 Office of Emergency Services 178,383 Office of Emergency Medical Services 370,160 Total $ 1,132,064 Law Department: City Attorney $ 734,424 Finance Department: Commissioner of the Revenue $ 1,033,008 Board of Equalization 15,292 City Real Estate Assessor 769,078 Treasurer 1,228,772 Director of Finance: Administration 193,727 Research 129,790 Budget 146,466 Accounting 564,868 Payroll 128,479 Business License Audit 189,744 Independent Auditing 50,000 Purchasing 202,208 Total $ 4,651,432 Personnel Department: Administration $ 89,665 Employee Relations 177,451 Testing and Selection 128,422 Wage and Salary 145,280 Total $ 540,818 Judicial Department: Circuit Court $ 120,224 General District Court 12,872 Juvenile and Domestic Relations District Court 14,981 Commonwealth's Attorney 767,288 Commonwealth's Attorney - Social Services Fraud 57,090 High Constable 282,896 Clerk of the Circuit Court 288,507 Magistrates 5,705 Sheriff's Office 274,153 -21- Budget Item of Expenditures 1981-1982 GENERAL FUND: Judicial Department: (concluded) Correctional Operations: Court Support Services $ 195,622 Treatment 466,964 Custodial 1,391,815 Juvenile Probation: Management and Support 318,845 Intake Unit 223,858 Diversion Unit 131,363 Field Units 376,675 Total $ 4,928,858 Health Department: Preventive Medicine $ 783,342 City Physician 180,489 Total $ 963,831 Social Services Department: Director of Social Services $ 4,404,965 Public Assistance 1,595,600 Hospitalization 290,000 Total $ 6,290,565 Police Department: Administration: Chief's Staff $ 405,976 Personnel and Training 278,515 Services Division: Police Records 456,977 Warrants, Inventory and Evidence Unit 312,654 Police Identification 353,635 Uniform Division: Auxiliary Police 38,610 Patrol and Administrative Support 61604,194 S.P.O.T. 1,876,619 Communications Division 1,564,123 Investigative Division 2,706,816 Animal Control 548,139 Medical Examiner 4,500 Total $ 15,150,758 Public Works Department: Administration: Director's Staff $ 199,656 Real Estate Office 225,656 Business Office 119,982 Highway Division: Administration 320,221 Inspections 298,812 2 2 - Budget Item of Expenditures 1981-1982 GENERAL FUND: Public Works Department: (concluded) Highway Division: (concluded) Street Maintenance $ 4,193,668 Drainage Maintenance 1,201, 640 Bridge Maintenance 845,887 Engineering Division: Administration 392,082 Surveying and Mapping 810,788 Drafting 211,477 Waterfront Operations/lnspections 105,085 Special Projects 125,849 Building Construction 112,125 Inspections 355,570 Traffic Engineering Division: Design and Administration 977,052 Operations 11413,534 Solid Waste Division: Solid Waste Administration 134,519 Refuse Disposal 11217,097 Refuse Collection 4,771,690 Sanitation Inspections 162,069 Back Bay Salt Water Project 56,577 Erosion Commission 1,258,419 Mosquito Control-Kempsville/Bayside 505,426 Mosquito Control-Princess Anne 285,205 Mosquito Control-Lynnhaven 418,542 Total $ 20,718,628 Parks and Recreation: Director of Parks and Recreation $ 230,564 Parks and Maintenance: Administration 194,147 Construction and Maintenance 1,725,409 Parks and Beaches 858,236 Virginia Beach Transit 498,143 Recreation: Virginia Beach Recreation Center (Kempsville) 716,919 Bow Creek Recreation Center 219,935 Administration 212,122 Adult Activities 456,480 Youth Activities 577,597 Athletics 291,814 Total $ 5,981,366 Library Department: Administration $ 325,803 Branch Libraries: Great Neck Branch Library 198,542 Bayside Branch Library 205,175 Oceanfront Branch Library 193,341 Kempsville Branch Library 208,883 Windsor Woods Branch Library 230,366 2 3- Budget Item of Expenditures 1981-1982 GENERAL FUND: Library Department: (concluded) Reference Services $ 388,059 Extension 'Services 149,136 Special Services 124,195 Technical Services 523,270 Total $ 2,546,770 Planning Department: Management and Support $ 447,285 Comprehensive Planning 155,537 Operations 158,158 Total $ 760,980 Agriculture Department: Administration $ 107,729 VPI Extension Services 152,185 Environmental Services 52,261 Total $ 312,175 Department of Economic Development: Director of Economic Development $ 153,865 Civic Center 63,684 Tourist Development 1,209,658 Industrial Development 399,217 Convention Promotion 331,162 Pavilion 823,612 Total $ 2,981,198 Department of General Services: Administration: Director of General Services $ 114,028 Employee Safety 94,748 Building 14aintenance: Management and Support 1,408,930 Electrical 316,192 Heat and Air Conditioning 450,904 General Maintenance 1,227,788 Custodial 1,412,997 Landscape Division: Superintendent of Landscape Services 434,616 Grounds Maintenance 1,051,295 Beautification 11121,616 Mail Distribution 137,621 Total $ 7,770,735 Boards and Commissions: General Registrar $ 225,512 Zoning Board of Appeals 14,450 1 24- Budget Item of Expenditures 1981-1982 GENERAL FUND: Boards and Commissions: (concluded) Arts and Humanities Commission $ 68,780 Mass Transit Operations 570,000 Wetlands @oard of Virginia Beach 5,870 Total $ 884,612 Non-Departmental: Employee Training and Special Benefits $ 283,000 Total $ 283,000 Fire Department: Administration $ 265,856 Fire Prevention 683,756 Fire Suppression 6,328,288 Training 270,983 Forestry 7,500 Total $ 7,556,383 Department of Data Processing: Director's Office $ 193,711 Operations: Technical Support 354,758 Computer Operations 1,513,535 Systems and Programming 838,279 Central Files 213,750 Total $ 31114,033 Department of Permits and Inspections: Administration $ 264,742 Consumer Protection 174,318 Housing Code Enforcement 135,174 Building Inspections 539,064 Zoning Code Enforcement 197,238 Total $ 11310,536 Department of Mental Health: Board Office $ 175,499 Comprehensive Mental Health: Program Clinical Support 299,877 Consultation and Education 160,349 Outpatient Services 202,606 Community Rehabilitation 231,793 Emergency Services 199,879 Children's Services 290,083 - 2 5- Budget Item of Expenditures 1981-1982 GENERAL FUND: Department of Mental Health: (concluded) Mental Retardation/Developmental Disabilities: Program Support $ 105,452 Residential Services 76,354 Adult Services 192,596 Transportation Program 59,142 Respite Care Program 42,121 Infant Stimulation Program 16,527 Case Management 26,143 Substance Abuse Services 529,670 Alcohol Safety Action Program 91,395 Total $ 2,699,486 Transfer to Other Funds: 67,792,642 Reserve for Contingencies: Regular $ 300,000 Salary - 2,500,000 Total $ 2,800,000 TOTAL GENERAL FUND $ 162,876,746 WATER AND SEWER FUND Department of Public Utilities: Director's Office $ 209,974 Engineering 1,471,783 Water Production/Resources 4,925,902 Operations Administration 321,793 Water Distribution 1,909,783 Water Pump Stations 992,966 Sewer Collection 1,223,691 Sewer Pump Stations 1,444,461 Customer Services 21166,470 Total $ 14,666,823 Revenue Bond Debt Service: $ 5,310,020 Transfer to Other Funds: $ 3,350,729 Reserve for Contingencies: Regular $ 750,000 Salary 250,000 Total s 1,000,000 TOTAL WATER AND SEWER FUND $ 24,327,572 SCHOOL OPERATING FUND Department of Education: Administration $ 1,207,418 Research, Planning and Development 190,121 -26- Budget Item of Expenditures 1981-1982 SCHOOL OPERATING FUND Department of Education: (concluded) Instruction $ 58,639,354 Other Instructional Costs 8,877,887 Attendance and Health 1,329,499 Pupil Transportation 5,102,654 Operation of School Plant 6,573,054 Maintenance of School Plant 4,080,098 Fixed Charges 17,581,663 Summer School 508,419 General Adult Education 182,899 Basic Adult Education 191,555 Vocational Adult Education 224,778 Capital Outlay 573,082 Total Requested $ 105,262,481 Less: City Manager Reductions $ 6,554,865 Plus: City Council Increases $ 1,500,000 TOTAL EDUCATION $100 207 616 LAW LIBRARY FUND Law Library $ 27,098 Transfers to Other Funds: $ 15,403 TOTAL LAW LIBRARY FUND $ 42 501 BOARDWALK TRAINS ENTERPRISE FUND Boardwalk Trains $ 29,801 Reserve for Contingencies 10,000 TOTAL BOARDWALK TRAINS ENTERPRISE FUND $ 39 801 GOLF COURSES ENTERPRISE FUND Red Wing Golf Course $ 331,907 Bow Creek Golf Course 242,919 Reserve for Contingencies 10,000 TOTAL GOLF COURSES ENTERPRISE $ 584 826 OWL CREEK TENNIS CENTER ENTERPRISE FUND Owl Creek Municipal Tennis Center $ 20,165 Reserve for Contingencies 31000 TOTAL OWL CREEK TENNIS CENTER ENTERPRISE FUND $ 23 165 - 2 7- Budget Item of Expenditures 1981-1982 FARMERS' PRODUCE MARKET ENTERPRISE FUND Farmers' Produce Market $ 110,187 Reserve for Contingencies 20,000 TOTAL FARMEKS' PRODUCE MARKET ENTERPRISE FUND $ 130 187 SIX BOROUGH SCHOOL DEBT FUND Debt Service $ 318 875 BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND Debt Service $ 9 523 GENERAL DEBT FUND Debt Service $ 19 364 963 VIRGINIA BEACH BOROUGH GENERAL DEBT FUND Debt Service $ 20 500 GRANTS CONSOLIDATED FUND Judicial Department: Pendleton Child Service Center $ 523,477 Department of Mental Health: Community Trust 25,380 TOTAL GRANTS CONSOLIDATED FUND $ 548 857 TIDEWATER VIRGINIA ASAP FUND Judicial Department: Tidewater Virginia ASAP $ 540,000 WATER AND SEWER CAPITAL PROJECTS FUND Transmission and Distribution $ 200 000 TOTAL BUDGET $ 309,235,132 Less: Interfund Transfer - 71,158,774 NET BUDGET $238 076 358 - 2 8- Section 2. Subject to the provisions of Chaper 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of positions, shall be the maximum number of positions authorized for the various departments of the City during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manger is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herin, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. All tax abatements and tax supplements dated subsequent to June 1, 1982 for the FY 1982 tax year shall accrue to the General Fund of the City. Section 6. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business on the thirtieth (30th) day of June, 1982, except, as otherwise provided for, are hereby - 2 9- declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and shall be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1982. Section 7. No department or agency receiving appropriations under the provisions of this Ordinance shall exceed the amount of its or his appro- priations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each budget unit included in this Ordinance. The City Manager is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and further, he is authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as herein provided. The City Manager may limit expenditures to the classes of appro- priations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are different from the classes shown in the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for across-the-board salary increases approved by City Council. Section 8. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. - 30 - Section 9. Allowances out of any of the appropriations made in this Ordinance by any or all of the City departments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed eighteen and one-half cents (18-1/2cts) per mile of actual travel for the first 15,000 miles and ten cents (10cts) per mile for additional miles of such use within the fiscal year. Section 10. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, except-in-tlie-ease-ef including 2@ents to employees of the School Board. Section 11. That this Ordinance shall be in effect from and after the date of its adoption. Section 12. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. First Reading: 11 May 1981 Second Reading: 15 May 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1981. APP D AS TO COIITENT on DEPAP-tk,@E,lq-, AP @D AS TO FORM CITY - 3 1 - ITEM #16664 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF VIRGINIA BEACH AND THE COMMONWEALTH OF VIRGINIA WHEREAS, there exists in the City of Virginia Beach a critical water shortage; and, WHEREAS, the Commonwealth of Virginia is the owner of certain water-filled Borrow Pits located in Virginia Beach which contain usable quantities of potable water; and, WHEREAS, the City of Virginia Beach desires to utilize such water to satisfy tbe needs of its citizens and the Commonwealth of Virginia wishes to cooperate in such endeavor; therefore, the parties have agreed to enter into an Agreement to allow the City of Virginia Beach to pump water from said Borrow Pits. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute the Agreement between the City of Virginia Beach and the Commonweaith of Virginia, to allow the City of Virginia Beach to pump water from Borrow Pits 1A and IB, located adjacent to the Norfolk-Virginia Beach Expressway. A copy of said Agreement is attached hereto and made a part hereof. Adopted by tbe Council of the City of Virginia Beach, Virginia, on the Fifteenth day of May, 1981. - 3 2- AGREEMENT THIS AGREEMENT, Made this day of 1981, by and between tbe CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, hereinafter referred to as "Virginia Beach", and the COMMONWEALTH OF VIRGINIA, Department of Highways and Transportation, hereinafter referred to as "Commonwealth". WITNESSETH WHEREAS, there exists in the City of Virginia Beach a critical water shortage; and, WHEREAS, the Commonwealth is the owner of certain water- filled borrow pits located in Virginia Beach which contains usable quantities of potable water; and, WHEREAS, the City desires to utilize such water to satisfy the needs of its citizens and the Commonwealth wishes to cooperate in such endeavor. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, and other good and valuable consideration, the parties hereto agree as follows: 1. The Commonwealth agrees to and hereby grants unto Virginia Beach permission to pump water from Borrow Pits 1A and 1B located adjacent to the Norfolk-Virginia Beach Expressway, reference to which is made to the plat attached hereto for a more accurate description. 2. Water is to be removed from the said Pits by means of submersible pumps located therein. Said water will then be piped by means of a cast iron water line across adjacent property for direct connection into a Norfolk raw water main. Responsibility for obtaining permission to utilize adjacent property for this 3 3- purpose and to connect to Norfolk's raw water main will be borne by Virginia Beach. 3. Pumping will be at a rate not to exceed fifteen hundred (1,500) gallons per minute per pit. Pumping will continue until water level in the Pits has reached a depth of four (4) feet and maintained at no less than that level. Pit slopes exposed as a result of the dewatering operation shall be revegetated by Virginia Beach in accordance with standard Commonwealtb specifications upon notification to Virginia Beach by the Commonwealth that such revegetation is necessary. Virginia Beach shall also take action as directed by the Commonwealth to abate any problems caused by the presence of algae in the Borrow Pit which may form as a direct result of the pumping operation. 4. Virginia Beach agrees to take all reasonable steps to insure the safety and protection of the Pit during the time this Agreement is in effect and to restore it to its current condition at the conclusion thereof. 5. This Agreement shall be for a period of one (1) year hereof. The option to renew such Agrement will be by mutual agreement of both parties upon written notification to the Commonwealth that Virginia Beach desires to continue the removal of water. Such notification shall be given within sixty (60) days of the expiration hereof, at which time the Agreement shall renew for an additional one (1) year period provided the Commonwealth agrees thereto. The Commonwealth reserves the right to cancel this Agrement at any time for just cause provided thirty (30) days' written notice is given Virginia Beach. 6. Virginia Beach agrees to assume all responsibility and save the Commonwealth harmless from any liabilities or actions initiated as a direct result of the pumping operation. 7. Virginia Beach agrees only to exercise its rights hereunder during times of water emergency by Resolution of the Virginia Beach City Council or by the State or Federal Government. - 34- CITY OF VIRGINIA BEACH By City Manager ATTEST: City Clerk COMMONWEALTH OF VIRGINIA By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1981. Notary Public My Commission Expires: 35- COMMONWEALTH OF VIRGINIA a@Notary Public in and for the State aforesaid, do hereby certify that I for the COMMONWEALTH OF VIRGINIA, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my State aforesaid. GIVEN under my hand this day of 1981. Notary Public My Commission Expires: RHM/da 4/8/81 5/11/81 (10c) - 36- Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to uphold tbe recommendation of tbe City Manager and ADOPT the Resolution autborizing the City Manager to execute an Agreement between the City and the Commonwealth of Virginia to allow the City of Virginia Beach to pump water from Borrow Pits 1A and IB, located adjacent to the Norfolk-Virginia Beach Expressway. Voting: 11-0 Council Members Voting Aye:* John A. Baun4 F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *VERBAL ROLL CALL 3 7- ITEM #16665 City Counc: 1 deferred consideration of the Resolution opposing the :L closing of the United States Public Service Hospitals and Clinics until the meeting of 18 May 1981. City Council recessed into EXECUTIVE SESSION (2:25 p.m.) ITEM #16666 City Council reconvened in tbe Council Chambers with the following Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: Donald W. Merrick The Mayor announced the Council's selection of a member of City Council to fill the vacancy created by the resignation of Councilman Merrick for the Lynnbaven Borough seat will be made Monday, May 18, 1981. - 3 8- ITEM #16667 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to ADOPT a Resolution ACCEPTING WITH REGRETS the resignation of Councilman Donald W. Merrick, representing the Lynnhaven Borough, effective June 1, 1981. Voting: 10-0 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick *VERBAL ROLL CALL 3 9- R E S 0 L U T I 0 N WHEREAS, Councilman DONALD W. MERRICK has submitted his resignation to the Council of the City of Virginia Beach, effective June 1, 1981; and, WHEREAS, such resignation is due to health reasons; and, WHEREAS, Councilman MERRICK has served the citizens of the City of Virginia Beach with honor and distinction during his term of office. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the resignation of Councilman DONALD W. MERRICK is hereby accepted, effective June 1, 1981. THAT a vacancy is declared to exist in the Councilmanic seat for the Lynnhaven Borough; and, THAT the remaining Members of the Council shall fill such vacancy as prescribed by the Charter for the remainder of the unexpired term by a majority vote of Council. ADOPTED: 15 May 1981 -40- ITEM 1116668 Councilman Ervin advised that "subject to the good progress on the part of Mr. Merrick after his operation, which is tentatively scheduled for next week, he and the City Clerk be authorized to arrange a luncheon to precede the June 1, 1981, meeting of City Council, and that a Resolution honoring Councilman Merrick be presented for Council action at that meeting. ITEM #16669 Upon motion by Councilman Baum, City Council adjourned at 3:13 p.m. Diane M. Hickman, Deputy City Cle@k Ruth Hodges-Smf Clerk Mayor enry @O Jr City of Virginia Beach, Virginia Special Meeting 15 May 1981 h