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HomeMy WebLinkAboutAPRIL 7, 1981 SPECIAL SESSION Cit@ C)f -vil-wirai@ April 6, 1981 The Honorable tlayor V.embers of City Council As prescribed by Section 2-9 of the Code of the City of Virginia Beach, I hereby respectfully request a Special tleeting of the Virginia Beach City Council to be held in the Council Chambers at 7:00 p.m. Tuesday, Ppril 7, 1981. The purpose of this meeting is: (1) to consider an Ordinance contracting to provide a payment to the Southeastern Public Service Authority of Virginia to guarantee the payment of a part of certain obligations of the Authority; and (2) to discuss the construction of a second well in Isle of Wight County. 'Respectfully, Georige L. Hanbdr'y-'-- City-'Manager GLH:asd SPECIAL MEETING VIRGINIA BEACH CITY COUNCIL 7 April 1981 7:00 p.m. CITY COUNCIL CHAMBERS ITEM I FORMAL SESSION A. CALL TO ORDER - Mayor J. Henry Mc,Coy, Jr., D.D.S. B. READING OF CITY MANAGER'S CALL FOR SPECIAL MEETING C. INVOCATION - Reverend Roy R. Jackson Ret ired United Methodist Conference D. ROLL CALL E. An Ordinance contracting to provide a payment to the Southeastern Public Service Authority of Virginia to guarantee the payment of a part of certain obligations of the Authority. F. DISCUSSION: Construction of additional well in Isle of Wight M I N U T E S S P E C I A L M E E T I N G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 April 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 Tuesday, 7 April 1981, at Seven o'clock i-n the evening Council Members Present: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Hollmd, M.D. , Reba S. @Clanan, Mayor J. Henry McCoy, Jr., D.D.S, Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Absent: W. H. Kitchin, III* ITEM #16499 The City Clerk read the Notice of Public Hearing: As prescribed by Section 2-9 of the Code of the City of Virginia Beach, the City Manager requested a SPECIAL MEETING at the Regular @eting of City Council, 6 Apri.1 1981; AND, upon mtim by Councilmn Standing, seconded by Councilnian Baum, the Virginia Beach City Counci.1 wted unanimusly to hold a SPECIAL MEETING at 7:00 p.m., Tuesday, 7 April 1981, in the Council Chan-bers for the purposes of: 1. An Ordinance contracting to provide a payment to the Sautheastern Public Service Authority of Virginia to guarantee the pa@t of a part of certain obligations of the Authority. 2. Construction of a second well for water supply within the County of Isle of Wight. 2- INVOCATION: Reverend Roy R. Jackson Retired United Methodist Conference PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ITEM #16500 The City Clerk read the letter from the City Manager concerning the Ordinance contracting to provide a payment to the Southeastern Public Service Authority of Virginia to guarantee the payment of a part of certain obligations of the Authority: "Attached is an Ordinance whereby the City of Virginia Beach contracts to obligate the amouit of $943,000 to the Southeastem Virginia Public Service Authority (SPSA) as part of certain obligations of tbe Authority. No paymnt will be rmde if SPSA builds and dexelops a refuse collection and disposal system. Our obligation for paynmt is only if SPSA fails to develop the plant as proposed. Three recent ewnts pronpt the City @ger to gi-ve the rec@dation of approval of this Ordinance. "l. The Agreenient with the Navy now seems imminent and the Program is closer to actuality than now ever before. "2. @ City of Chesapeake has given overtures that they are interested in joining SPSA and in helping share the blirdens and/or benefits of this System. 3. The City Memager has receiwd a tentatiw agre@t on the use of Virginia Beach's @ill as the exclusive disposal site for ash and residue generated by the disposal system. This agree- umt will, in effect, do what he indicated to Cot=il wuld be his reason for re ding joining this Agency. This reason is that it wuld not cost the citizens of Virginia Beach any mre than what w are now paying and there will be sorm savings which could be rmjor in the future if the tipping fee paid to SPSA is reduced or eliminated, as presently proposed in the de-velopment p@. It is, therefore, reccmrended that Council approve this Ordinance to provide Virginia Beach's obligation to SPSA. For yoir infornation, attached also is a proposed Resoluticn authorizing issuance and sale of $3,010,000 in Notes for SPSA. This Resoluticn will be presented to the Board @rs of SPSA for their adoption after all Cities affected agree to their respective obligations." 3- *COUNCILMAN KITCHIN ENTERED MEETING AT 7:35 p.m. Mr. @erbert E. Schippell, Professional Engineer, spoke on the matter of producing Gasohol from garbage. Upon motion by Councilman Standing, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance contracting to provide a payment to the Southeastern Public Authority of Virginia to guarantee the payment of a part of certain obligations of the Authority. Voting: 9-2 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vir-e @yor Harold Heischober, Barbara M. Benley, Clarence A. Holland, M.D., W. H. Kitchin, III, Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan, and @yor J. McCoy, Jr., D.D.S. Council Members Absent: None - 4- AN ORDINANCE CONTRACTING TO PROVIDE A PAYMENT TO THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TO GUARANTEE THE PAYMENT OF A PART OF CERTAIN OBILGATIONS OF THE AUTHORITY BE IT ORDAINED by the Council of the City of Section 1. The City of Virginia Beach (the "City"), has found and determined and does hereby declare that: (a) The Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southangton have heretofore created the Soutneastern Public Service Autbority of Virginia (the "Authority"), pursuant to the provisions of the Virginia Water and Sewer Authorities Act, being Chapter 28, Title 15.1, Code of Virginia, 1950, as amended, for the purpose of providing for the acquisition, financing, construction, operation and maintenance of a water system and a garbage refuse collection and disposal system, which will be publicly owned and controlled regional projects within the meaning of Article VII, Section 10(a)(4) of the Constitution of Virginia., (b) The Authority has heretofore issued its Notes in the aggregate principal amount of $1,931,000 for the purpose of providing funds for paying a part of the cost of planning and design of a garbage and refuse collection and disposal system. (c) Said notes are designated "Notes, Series 1978", are dated April 26, 1978, bear interest at the rate of 4.43% per annum until their payment, such interest to the maturity thereof being payable semi-annually on April 26 and October 26 in each year, and are stated to mature, subject to the right of prior redemption, on April 26, 1981. (d) The Authority has determined to provide for the issuance at this time of its Notes in the aggregate principal amount of $3,010,000 for the purpose of providing funds for paying the Notes, Series of 1978, at their maturity and for paying a part of the cost of planning and design of a garbage and refuse collection and disposal system. - 5- (e) The Councils of the Cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach have determined that in order to enhance the marketability of said Notes to be issued by the Authority on account of such garbage and refuse collection and disposal system, said Councils would require the power to contract obligations to provide payments over a period or periods of more than one year to the Authority to guarantee the payment of all or any part of the principal of and the interest on Notes issued from time to time by the Authority which contract obligations would be an excluded indebtedness within the meaning of and for the purposes of Article VII, Section 10(a)(4) of the Constitution of Virginia. (f) The General Assembly of Virginia by Chapter 544 of the Acts of Assembly of 1977 authorized the Cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach from time to time or at any time to contract obligations to provide payments over a period or periods of more than one year to the Authority to guarantee the payment of all or any part of the principal of and the interest on Notes issued from time to time by the Authority on account of its garbage and refuse collection and disposal system and such contract obligations shall be an excluded indebtedness within the meaning of and for the purposes of Article VII, Section 10(a)(4) of the Constitution of Virginia. (g) It is in the best interest of the City to provide for a payment to the Authority to guarantee the payment of a part of the obligations of the Authority to be incurred by the issuance of said Notes and in anticipation of the issuance of its Revenue Bonds. (h) The City has determined to contract an obligation to provide a payment to the Authority not earlier than two and one-half years from the date hereof to guarantee the payment of $943,000 of the obligations to be incurred by the Authority by the issuance of said notes and in anticipation of the issuance of its Revenue Bonds, such contract obligations to be effective at such time as contract obligations have been incurred by the Cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach to provide payments to the Authority in the amounts of $36,000, $1,305,000, $508,000, $218,000 and $943,000, respectively. -6- Section 2. The City hereby contracts to provide a payment to the Authority of $943,000 not earlier than two and one-half years from the date hereof to guarantee the payment of $943,000 of the principal amount of said Notes of the Authority without the payment of any interest thereon, such payment to be an excluded indebtedness within the meaning of and for the purposes of Article VII, Section 10(a)(4) of the Constitution of Virginia. Section 3. The contract obligation assumed in Section 2 hereof by the City shall be paid from an ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of said principal sum as said principal sum shall become due, which tax shall be in addition to all other taxes authorized to be levied in the City, and for the prompt payment of said principal sum, the full faith and credit of the City are herby irrevocably pledged. Section 4. Simultaneously with the retirement of said Notes of the Authority the payment of a portion of which is hereby guaranteed, or provision having been made for the retirement of said Notes, this Ordinance shall terminate and be of no effect. Section 5. This Ordinanc6 shall become effective when the Cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach have incurred contract obligations to provide payments to the Authority in the amounts of $36,000, $1,305,000, $508,000, $218,000, and $943,000, respectively. A copy - Teste: APPROVEU AS TO CONTENTS @l.Ml,TURI CIEP@RTMENT ................................ FORM City Clerk Certified to be a true excerpt from the approved Minutes of the Council of the City of Virginia Beach, Virginia, April 7, 1981. Ruth Hodges Smith, City Clerk - 7- ITEM #16501 The City Clerk read the letter from the City Manager regarding the second well in the County of Isle of Wight: 'As Council is @e, the City has been authorized by the Isle of Wight Board of Supervisors to drill wlls which wuld yield approxinately eight tdllicn gallcns of water a day. At the present, only cne well is under construr-tion. "Because of the positiw results the City bas recei-ved from the first umll now being drilled in Isle of Wight, the fact tbat the drawdown has been practically insig;iificant to surrounding areas, and oi= need for as much water as possible, it is rec@ded that you authorize the City @ger to proceed with the necessary actims to have the second well drilled. The installation of this well, corrbined with other wells in Suffolk, Sout@ton, and the other @ll in Isle of Wight, will bring to the citizens of Virginia Beach apprcximately 2D million gallons of water a day. This is excluding any water which wuld be lost to evaparatim or inadequate lines through Norfolk's system. "It is, therefore, rec@ded that Council adapt the attached Resolution." Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to authorize construction of the second well in Isle of Wight County, (for a -@otal of 5 wells) Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Healey, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry @Coy, Jr., D.D.S., Dcnald W. @rrick, @yera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None - 8- ITEM #16502 Upon motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to hold the Public Hearing on the proposed Budget, 4 May 1981, in the Council Chambers. Voting: 10-1 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Hc)lland, M.D. , W. H. Kitchin, III Reba S. McClanan, Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Mayor J. Heriry YicCoy, Jr., D.D.S. Council Members Absent: None - 9- ITEM #16503 Mayor McCoy advised Council of a letter from J. C. Russell, Sr., requesting an opportunity to speak before Council to discuss water meter hook-ups. It was the consensus of Council to permit Mr. Russell to speak before Council on Monday 13 April 1981. ITEM #16504 Upon motion by Councilman Baun, City Council adjourned at 8:02 p.m. Riith Hodges Stffith, City Clerk M-Y He cc D.D.S. City of Virginia Beach, Virginia 7 April 1981 Special Meeting h