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November 23, 2004 <br /> <br /> (h) The applicant and any successor in interest shall comply with all <br />applicable statutes, ordinances and regulations of federal, state and local governments <br />shall obtain and maintain in effect all required permits. <br /> <br /> (i) The applicant shall not violate any laws of the Commonwealth or <br />ordinances of the City related to peace and good order, nor suffer repeated or chronic <br />violations by any of its patrons or customers. If, the Chief of Police, in his discretion, <br />determines that there are sufficient violations of this type to comprise a significant law <br />enforcement problem, then he shall so notify the applicant in writing and shall offer to <br />meet to provide advice on how to lessen and avoid repeated offenses against peace <br />and good order. A copy of this letter shall be provided to the Director of Planning and <br />Zoning. If, within six months of the date of this letter, said Director, in his discretion, <br />determines that offences against peace and good order are continuing, then he may <br />initiate proceedings for the revocation of this permit. Provided, however, that if problems <br />of peace and good order are of such severity that the Chief of Police determines that <br />there is a significant risk to public safety or peace and good order of such proportions as <br />to create a risk of blight, then revocation proceedings may be initiated by the Director <br />without regard to the six month requirement which is otherwise required. <br /> <br /> 3. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br />Ayes: Heretick, Moody, Psimas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />- City Manager's Report - <br /> <br />04 - 452 - Adoption of an ordinance to amend the FY 2004-05 Operating Budget by <br />appropriating $335,932 of additional funds received from the Virginia Department of <br />Transportation (VDOT) for the maintenance of City streets. <br /> <br />The City of Portsmouth annually receives a specified amount of funding per-lane <br />mile of City streets for maintenance of the streets. The new rate for each year is <br />not calculated until the Fall of each year. <br /> <br />Recommended Action: <br /> <br />· Adoption of an ordinance to appropriate $335,932 in excess funds received from the <br />Virginia Department of Transportation (VDOT) for maintenance of City streets. <br /> <br />Summary: <br /> <br />· The City of Portsmouth receives funding per lane-mile of City streets each year from <br />VDOT. The new rate for each year is not calculated until the Fall. These funds <br />represent funds greater than those that were anticipated to be received this year, and <br />thus need to be appropriated. <br /> <br />Purpose and Need: <br /> <br />· In accordance with Section 33.1-41.1 of the Code of Virginia, the City of Portsmouth <br />annually receives a specified amount of funding per lane-mile of City streets for <br />maintenance. <br /> <br />· The new rate for each year is not calculated until the Fall of each year, and the <br />$335,932 represents the increase over the amount anticipated for the 2004-2005 fiscal <br />year. <br /> <br />· City Council members will receive a briefing on the current paving program by staff <br />when this item is considered. <br /> <br /> <br />