Absent: None.
Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Ms. Hamer, Director, Planning and Zoning (P&Z); Mr. Josephson, Deputy Director, P&Z; Mr. Farner, Deputy Director, P&Z; Mr. Baier, Director, Transportation and Environmental Services (T&ES); Mr. Bray, Urban Planner, P&Z; Ms. Rafferty, Urban Planner, P&Z; Mr. Kagawa, Landscape Architect, Recreation, Parks and Cultural Activities; Ms. Carlton, Recreation, Parks and Cultural Activities; Mr. Hunt, Plans Examiner, Fire/Code Enforcement; Sheriff Lawhorne, Sheriff's Department; Ms. Blackford, Communications Officer, City Manager's Office; Ms. Boyd, Director, Citizens Assistance; Fire Chief Thiel, Fire Department; Mr. Chesley, Deputy Director, Recreation, Parks and Cultural Activities; Mr. Blakeley, Deputy Director, Recreation, Parks and Cultural Activities; Mr. Mason, Special Assistant to the City Manager, City Manager's Office; Mr. McPike, Division Chief, General Services; Police Captain Reyes, Police; Police Captain Ogden, Police; Ms. Ryan, Urban Planner, P&Z; Mr. Randall, Urban Planner, P&Z; Ms. Triggs, Director, Finance; Mr. Johnson, Director, Office of Management and Budget; Mr. Saenz, ITS; and Mr. Lloyd.
Recorded by: Gloria Sitton, Deputy City Clerk and Clerk of Council.
OPENING
1. Calling the Roll. Mayor Euille called the meeting to order and the Deputy City Clerk called the roll. All the members of Council were present. 2. Public Discussion Period. (a) Anne Parish, 1000 Queen Street, Alexandria, spoke about the services offered at the Queen Street Clinic and encouraged more use of the clinic by citizens. (b) Gary Carr, 216 Aspen Street, requested an expenditure of $300 for the purchase of a new coppered wooden bucket to be used in the new Oaken Bucket Challenge between Alexandria and Arlington to promote raising the overall fitness level in the area. New Business Item #1: Mayor Euille offered an apology, on behalf of the City Council, to the Sheriff and the Sheriff's Department regarding a misunderstanding of the submission of a grant application at the last meeting. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR (3-7) Planning Commission 3. SPECIAL USE PERMIT #2008-0017 3127 COLVIN STREET (Parcel Address: 3121 Colvin Street) ALEXANDRIA CAR CLINIC Public Hearing and Consideration of a request to operate a general automobile repair business; zoned I/Industrial. Applicant: Mirza Ahmad Zeleria PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 05/20/08, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2008-0021 1400 DUKE STREET CHILD CARE AND SCHOOL Public Hearing and Consideration of a request to operate a child care facility and a private school; zoned OCM(50)/Office Commercial Medium. Applicant: Jerry Pnevatkatos PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 05/20/08, and is incorporated as part of this record by reference.) 5. SPECIAL USE PERMIT #2008-0022 1669 NORTH QUAKER LANE (Parcel Address: 1667 North Quaker Lane) RESTAURANT Public Hearing and Consideration of a request to operate a restaurant; zoned CL/Commercial Low. Applicant: Wen Ti Zheng PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 05/20/08, and is incorporated as part of this record by reference.) 6. SPECIAL USE PERMIT #2008-0023 211,215, 217 & 217 1/2 NORTH PATRICK STREET NON-CONFORMING OFFICE USE Public Hearing and Consideration of a request for the continued operation of a non-conforming office use with surface parking and open space; zoned RB/Residential. Applicant: Dr. Barry Carpenter PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 05/20/08, and is incorporated as part of this record by reference.) 7. SPECIAL USE PERMIT #2007-0029 625 BURNSIDE PLACE (Parcel Address: 619 Burnside Place) POTOMAC RECYCLING Public Hearing and Consideration of a request to amend a special use permit to increase the allowed daily tonnage at a waste recycling facility; zoned I/Industrial. Applicant: Sandra Crippen by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 05/20/08, and is incorporated as part of this record by reference.) END OF ACTION CONSENT CALENDAR City Council removed all the items from the action consent calendar and considered them under separate motions. 3. SPECIAL USE PERMIT #2008-0017 3127 COLVIN STREET (Parcel Address: 3121 Colvin Street) ALEXANDRIA CAR CLINIC Public Hearing and Consideration of a request to operate a general automobile repair business; zoned I/Industrial. Applicant: Ahmad Zeleria Mirza PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 05/20/08, and is incorporated as part of this record by reference.) Planning and Zoning Deputy Director Josephson gave a brief presentation and answered questions from Council concerning this special use permit (SUP) application. The following persons participated in the public hearing for this item: (a) George Spicer, 5714 Tremont Court, stated that the applicant has had cars parked on his property and he noted that there appeared to be improper disposal of waste oil into dumpsters on the property. Mr. Spicer offered support of the project if the City will carefully monitor the operation. (b) Jeff Lutton, 3121 Colvin Street, expressed concern about the cramped conditions of Colvin Street and he noted that the applicant tends to use his property for loading and unloading, causing his customers to be inconvenienced. Mr. Lutton stated that he hoped the City would be able to monitor business so it will not prohibit his business operations. (c) Ahmad Zeleria Mirza, 3127 Colvin Street, applicant for the SUP, spoke in support of the application. Mr. Mirza addressed the concerns of the previous speakers about the parking problems and waste disposal. Mr. Mirza also answered questions about parking and waste. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council approved the Planning Commission recommendation with an amendment to require a six month review and the submission of a waste management plan within 15 days to the Planning Department for review. The voting was as follows: Krupicka "aye" Pepper "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 4. SPECIAL USE PERMIT #2008-0021 1400 DUKE STREET CHILD CARE AND SCHOOL Public Hearing and Consideration of a request to operate a child care facility and a private school; zoned OCM(50)/Office Commercial Medium. Applicant: Jerry Pnevatkatos PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 05/20/08, and is incorporated as part of this record by reference.) Councilman Wilson disclosed that his child attended a facility operated by the applicant but he no longer attends, and it should not affect his ability to decide on this application. Councilman Smedberg asked for clarification on whether there would be a daycare center or school operated at the location. In response to Councilman Smedberg, Mr. Josephson stated that the application was for both, noting the daycare center would begin operation immediately and the applicant would have the ability to expand with a school at a later date. Ms. Patel, attorney for the applicant, stated that at this time, the services offered will be a daycare center with the opportunity to provide school services. Planning and Zoning Deputy Director Josephson responded to questions and concerns from Council about permit issuance, parking and clarification of items in the staff report. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Wilson and carried 6-0-1, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows: Krupicka "aye" Pepper "aye" Wilson "aye" Gaines "aye" Euille "aye" Lovain "aye" Smedberg abstain 5. SPECIAL USE PERMIT #2008-0022 1669 NORTH QUAKER LANE (Parcel Address: 1667 North Quaker Lane) RESTAURANT Public Hearing and Consideration of a request to operate a restaurant; zoned CL/Commercial Low. Applicant: Wen Ti Zheng PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 05/20/08, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Krupicka and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows: Wilson "aye" Pepper "aye" Krupicka "aye" Gaines "aye" Euille "aye" Lovain "aye" Smedberg "aye" 6. SPECIAL USE PERMIT #2008-0023 211,215, 217 & 217 1/2 NORTH PATRICK STREET NON-CONFORMING OFFICE USE Public Hearing and Consideration of a request for the continued operation of a non-conforming office use with surface parking and open space; zoned RB/Residential. Applicant: Dr. Barry Carpenter PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 05/20/08, and is incorporated as part of this record by reference.) Planning and Zoning Deputy Director Josephson responded to questions from Council about the zoning designation of the property. The following person participated in the public hearing for this item: (a) Dr. Barry Carpenter, 211 North Patrick Street, the applicant, spoke in support of the application. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows: Pepper "aye" Krupicka "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 7. SPECIAL USE PERMIT #2007-0029 625 BURNSIDE PLACE (Parcel Address: 619 Burnside Place) POTOMAC RECYCLING Public Hearing and Consideration of a request to amend a special use permit to increase the allowed daily tonnage at a waste recycling facility; zoned I/Industrial. Applicant: Sandra Crippen by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 05/20/08, and is incorporated as part of this record by reference.) The following person participated in the public hearing for this item: (a) Duncan Blair, 524 King Street, attorney for the applicant, spoke in support of the item and responded to questions from Council about the project and the operation of the business. WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation with the addition of condition #38 stating, "The applicant shall designate an employee whose responsibility will be to assure compliance with all conditions of the special use permit. The name and phone number of that employee shall be provided to the Department of Planning and Zoning and to a representative of the surrounding property, " and the addition of condition #39 stating, "The special use permit shall be docketed for review within 120 days of adoption of the Eisenhower West Small Area Plan." The voting was as follows: Wilson "aye" Gaines "aye" Pepper "aye" Krupicka "aye" Euille "aye" Lovain "aye" Smedberg "aye" REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER 8. Public Hearing on a Report of the Naming Committee on the Proposal to Name the Duke Street Bridge Near the Beatley Library in Honor of the Late Richard Leibach. (#31, 5/13/08) (A copy of the City Manager's memorandum dated May 8, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 05/20/08, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing on the report of the Naming Committee on the proposal to name the Duke Street Bridge near the Beatley Library in honor of the late Richard Leibach and recommended that the bridge be named in honor of the late Richard Leibach. The voting was as follows: Pepper "aye" Krupicka "aye" Gaines "aye" Lovain "'aye" Euille "aye" Smedberg "aye" Wilson "aye" REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued) 9. MASTER PLAN AMENDMENT #2008-0002(A) DEVELOPMENT SPECIAL USE PERMIT #2006-0025 (B) 3000 & 3100 BUSINESS CENTER DRIVE DASH BUS FACILITY Public Hearing and Consideration of a request for (1) an amendment to the City's Master Plan to increase height limits in the Taylor Run/Duke Street Small Area Plan; (2) a development special use permit, with site plan, modifications and subdivision, to construct a public building; zoned I/Industrial. Applicant: City of Alexandria, Department of General Services PLANNING COMMISSION ACTION: MPA: Resolution Adopted 7-0 DSUP: Recommend Approval 7-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 05/20/08, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing and City Council approved the Planning Commission recommendation. The voting was as follows: Pepper "aye" Krupicka "aye" Gaines "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" 10. SPECIAL USE PERMIT #2008-0020 4007 MOUNT VERNON AVENUE 24 EXPRESS STORE Public Hearing and Consideration of a request for a special use permit amendment to increase the hours for the sale of alcoholic beverages; zoned NR/Neighborhood Retail. Applicant: UAC Land and Building t/a 24 Express by William Thomas, Jr., agent PLANNING COMMISSION ACTION: Recommend Approval 7-0 (A copy of the Planning Commission report dated May 6, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 05/20/08, and is incorporated as part of this record by reference.) Planning and Zoning Deputy Director Josephson gave a brief presentation on the proposed amendment to the special use permit and responded to questions and concerns from Council. Police Captain Reyes reported police statistics for the area around the store and responded to questions from Council about law enforcement activity since the last review of the special use permit. The following persons participated in the public hearing for this item: (a) William Thomas, 11320 Random Hills Road, #325, Fairfax, attorney for the applicant, spoke in support of the application and responded to questions from Council. (b) Kathleen Henry, 3200 Commonwealth Avenue, #208, representing the Arlandria Chirilagua Housing Cooperative, spoke in support of the application without the additional days for armed security guards. Ms. Henry responded to questions from Council. (c) Kevin Beekman, 3905 Elbert Avenue, spoke in opposition to the proposed amendment to the special use permit. (d) Melissa Garcia, 507 Shorter Lane, spoke in opposition to the proposed amendment to the special use permit. (e) Andy Pearn, 4007 Mount Vernon Avenue, spoke in support of the application and presented crime statistics about alcohol related crimes in the vicinity of the store. (f) Charles Niphadkabin, 4007 Mount Vernon Avenue, the applicant, spoke in support of the application and noted the improvements that the 24 Express Store has made to improve the area. Mr. Niphadkabin also offered support to any initiatives that the City and the neighborhood sought to start in the future. WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows: Gaines "aye" Krupicka "aye" Pepper "aye" Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council deferred the item until the June 24 Legislative meeting, giving staff the directive to approach other retail establishments in the area and request a voluntary decrease in the hours for the sale of alcoholic beverages in the businesses and to develop a plan/strategy to address the alcohol use in the area. Council also requested that staff include specific loitering language in the subsequent report. The voting was as follows: Krupicka "aye" Pepper "aye" Smedberg "aye" Gaines "aye" Euille "aye" Lovain "aye" Wilson "aye" ORDINANCES AND RESOLUTIONS 11. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase Fees For Overweight/oversize Vehicle Permits. (#17, 05/13/08) (A copy of the City Manager's memorandum dated May 8, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 05/20/08, and is incorporated as part of this record by reference. A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 05/20/08, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 05/20/08, and is incorporated as part of this record.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried 6-0 by roll-call vote, City Council closed the public hearing and passed an ordinance to increase fees for overweight/oversize vehicle permits. The voting was as follows: Pepper "aye" Krupicka "aye" Gaines absent Lovain "aye" Euille "aye" Smedberg "aye" Wilson "aye" The ordinance reads as follows:
WHEREAS, the City Council of the City of Alexandria, Virginia (“City”) has determined that it is advisable to issue up to $70,000,000 general obligation bonds of the City to finance the cost, in whole or in part, of various capital improvements as described below (the "Projects").
2. Pledge of Full Faith and Credit. The full faith and credit of the City are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable. The City Council shall levy an annual ad valorem tax upon all property in the City, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Bonds. The Bonds shall be issued upon the terms established pursuant to this Ordinance and upon such other terms as may be determined in the manner set forth in this Ordinance. The Bonds shall be issued in one or more taxable or tax-exempt series, in fully registered form, shall be dated such date or dates as the City Manager and the Director of Finance, or either of them, may approve, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The Bonds shall mature on such dates and in such amounts and shall be issued in such principal amount as the City Manager and the Director of Finance, or either of them, may approve, provided that the final maturity of any Bond is not more than approximately 25 years from its date and the aggregate principal amount of the Bonds is not more than $70,000,000. The City Manager and the Director of Finance, or either of them, is authorized and directed to accept a bid or bids for the purchase of the Bonds which results in the lowest true interest cost to the City and the Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold to the successful bidder or bidders at such price as may be set forth in the bid or bids so accepted; provided that the true interest cost of the Bonds shall not exceed 6.5% per annum. The City Manager and the Director of Finance, or either of them, is authorized and directed to approve such optional redemption provisions for the Bonds as such officer or officers determine to be in the best interest of the City. The City Council may provide for additional or other terms of the Bonds by subsequent resolution. 4. Form of Bonds. The Bonds shall be in substantially the form attached to this Ordinance as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Ordinance. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Book-Entry-Only-Form. The Bonds shall be issued in book-entry-only form. The Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”) as registered owner of the Bonds, and immobilized in the custody of DTC. One fully-registered Bond in typewritten or printed form for the principal amount of each maturity of the Bonds shall be registered to Cede & Co. Beneficial owners of the Bonds shall not receive physical delivery of the Bonds. Principal, premium, if any, and interest payments on the Bonds shall be made to DTC or its nominee as registered owner of the Bonds on the applicable payment date. Transfer of ownership interest in the Bonds shall be made by DTC and its participants (the “Participants”), acting as nominees of the beneficial owners of the Bonds in accordance with rules specified by DTC and its Participants. The City shall notify DTC of any notice required to be given pursuant to this Ordinance or the Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The City shall also comply with the agreements set forth in the City's Letter of Representations to DTC.
Replacement Bonds (the “Replacement Bonds”) may be issued directly to beneficial owners of the Bonds rather than to DTC or its nominee but only in the event that:
(i) DTC determines not to continue to act as securities depository for the Bonds; or (ii) The City has advised DTC of its determination not to use DTC as a securities depository; or (iii) The City has determined that it is in the best interest of the beneficial owners of the Bonds or the City not to continue the book-entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the City shall attempt to locate another qualified securities depository. If the City fails to locate another qualified securities depository to replace DTC, the City Council shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A to the Ordinance to the Participants. In the event the City Council, in its discretion, makes the determination noted in (iii) above and has made provisions to notify the beneficial owners of the Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the City shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A to this Ordinance to any Participants requesting such Replacement Bonds. Principal of and interest on the Replacement Bonds shall be payable as provided in this Ordinance and in the Bonds and Replacement Bonds will be transferable in accordance with the provisions of paragraphs 9 and 10 of this Ordinance and the Bonds.
6. Appointment of Bond Registrar and Paying Agent. The City Manager and the Director of Finance, or either of them, are authorized and directed to appoint a Bond Registrar and Paying Agent for the Bonds and as long as the Bonds are in book-entry form, either of such officers may serve as Paying Agent. The City Manager and the Director of Finance, or either of them, may appoint a subsequent registrar and/or one or more paying agents for the Bonds upon giving written notice to the owners of the Bonds specifying the name and location of the principal office of any such registrar or paying agent.
7. Execution of Bonds. The Mayor and the Clerk of the City are authorized and directed to execute appropriate negotiable Bonds and to affix the seal of the City thereto and to deliver the Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Mayor and the Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 8. CUSIP Numbers. The Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the City, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the City and any officer or agent of the City, by reason of any inaccuracy, error or omission with respect to such numbers. 9. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any Bond at the principal office of the Bond Registrar, the City shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Bond surrendered, subject in each case to such reasonable regulations as the City and the Bond Registrar may prescribe. All Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the City and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Bond may be registered to bearer. New Bonds delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance and entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered.
10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Bonds, but the City may require payment by the registered owner of any Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Bond. 11. Non-Arbitrage Certificate and Tax Covenants. The City Manager and the Director of Finance, or either of them, and such officers and agents of the City as either of them may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (“Code”), including the provisions of Section 148 of the Code and applicable regulations relating to “arbitrage bonds.” The City Council covenants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the City's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the City shall comply with the other covenants and representations contained therein. 12. Revocation of Authorization for Previously Authorized Taxable Bonds. On October 15, 2005 the City Council adopted Ordinance No. 4423 (the “Prior Ordinance”) authorizing the City to issue certain amounts of taxable and non-taxable bonds. All authorization under the Prior Ordinance for the issuance by the City of taxable bonds is hereby revoked and rescinded to the extent such bonds have not been issued as of the date of this Ordinance. 13. Disclosure Documents. The City Manager and the Director of Finance, or either of them, and such officers and agents of the City as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate notice of sale, preliminary official statement, official statement, continuing disclosure agreement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The notice of sale, preliminary official statement, official statement, continuing disclosure agreement or other documents shall be published in such publications and distributed in such manner, including electronically, and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement “final” for purposes of Securities and Exchange Commission Rule 15c2-12. 14. Further Actions. The City Manager and the Director of Finance and such officers and agents of the City as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are ratified and confirmed. 15. Reimbursement. The City Council adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The City Council reasonably expects to reimburse advances made or to be made by the City to pay the costs of the Projects from the proceeds of its debt. The maximum amount of debt expected to be issued for the Projects is set forth in paragraph 1 above. The City hereby authorizes the Director of Finance, on behalf of the City, to specifically declare the City's official intent to reimburse portions of the cost of the Projects with Bond proceeds. 16. Effective Date; Applicable Law. In accordance with Section 15.2-2601 of the Code of Virginia of 1950, as amended, the City Council elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991. This Ordinance shall take effect at the time of its enactment. 14. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Membership of the Consumer Affairs Commission. (#20, 05/13/08) (A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 05/20/08, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 05/20/08, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously by roll-call vote, City Council closed the public hearing and passed an ordinance to revise the membership of the Consumer Affairs Commission. The voting was as follows: Pepper "aye" Gaines "aye" Smedberg "aye" Krupicka "aye" Euille "aye" Lovain "aye" Wilson "aye" The ordinance reads as follows: