Minutes 10/25/2016 - Laserfiche WebLink

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October 25, 2016 right having an Arc Length of 46.400’, a Radius of 47.113’, a Chord Bearing of S 85°37’57.89” W and a Chord Length of 44.55’; thence N 62°33’00.33” W 7.045’; thence along a curve to the right having an Arc Length of 19.044’, a Radius of 39.803’, a Chord Bearing of N 46°24’20.21” W and a Chord Length of 18.86’; thence N 32°43’57.98” W 28.795’; thence along a curve to the right having an Arc Length of 25.985’, a Radius of 50.000’, a Chord Bearing of N 17°50’39.07” W and a Chord Length of 25.69’; thence N 03°43’59.55” W 79.112’; thence N 36°31’49.07” E 12.901’; thence N 85°38’19.93” E 122.473’; thence N 56°54’39.05” E 60.083’ to the Point of Beginning. BEING a portion of the property conveyed to Wal-Mart Real Estate Business Trust by deed from Portsmouth Redevelopment and Housing Authority dated February 16, 2006 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 060004413. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The proposed development shall be in substantial compliance with the plan entitled Panda Express, 1098 Frederick Boulevard, Portsmouth, Virginia prepared by Ingenium Enterprises, dated August 5, 2016, except where modifications may be required to comply with applicable local, state, and federal codes and regulations, including any modifications required by City Ordinances and the City Code during plan review and approval. (b) The facility shall be operated in compliance with all applicable codes, ordinances and regulations of federal, state and local government, and all required licenses and permits shall be obtained and remain in effect during operation of the facility. (c) All taxes/fees associated with the property and/or the proposed use shall be paid when due. REVOCATION OF PERMIT: 4. Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council.” Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Whitaker, Wright Nays: None - City Manager’s Report - 16 - 339 - Adoption of an ordinance to appropriate $284,922 of unused FY 2016 funding to the FY 2017 Portsmouth Public Schools General Fund Budget and to authorize the transfer of $479,162 within the FY 2017 PPS General Fund Budget from the Administration, Attendance & Health, Pupil Transportation, Operations & Maintenance and Technology Classifications to the Instruction and Debt & Fund Transfer Classifications. Vision Principles: Enhanced Quality of Life and Lifelong Learning Community. Background:  Virginia State Code Section 22.1-100 states that “all sums of money derived from the Commonwealth which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from which derived unless the Board of Education directs otherwise. All sums derived from local funds unexpended in any year shall remain a part of the fund of the governing body appropriating the funds for use the next year, but no local funds shall be subject to redivision outside of the locality in which they were raised.”  The General Fund is appropriated by category/ classification and on a quarterly basis.