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Home My WebLink AboutCouncil Actions 12-21-98White 34124 ROANOKE CITY CO UNCIL REGULAR SESSION December 21, 1998 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend Melvin L. West, Pastor, Church of the Harvest. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, December 23, 1998, at 7:00 p.m. THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541. CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132 Executive Session. 2 C-2 A report of the City Manager requesting Council's consideration of a proposed budget study schedule for fiscal year 1999-2000. RECOMMENDED ACTION: Receive and file. File #60 C-3 A communication from Fred P. Roessel, Jr., Ph.D., Executive Director, Blue Ridge Community Services, recommending concurrence in the reappointment of William L. Lee as an at-large member of the Blue Ridge Community Services Board of Directors, for a term ending December 31,2001. RECOMMENDED ACTION: Concur in request. File #110-335 C-4 Minutes of the meeting of the Audit Committee of Roanoke City Council held on Monday, December 7, 1998. RECOMMENDED ACTION: Receive and file. File #300 C-5 Qualification of John M. Stroud as a member of the Economic Development Commission for a term ending June 30, 2001. RECOMMENDED ACTION: Receive and file. File #15-110-450 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to funding in connection with the purchase of a building for the Northwest Child Development Center. Susan P. Durrer, Executive Director, Spokesperson. (5 minutes) John Brown, President, Board of Directors, Northwest Child Development Center, requested one time funding assistance from the City of Roanoke, in the amount of $400,000.00, to purchase and renovate property located at 1523 Melrose Avenue, N. W. The request was referred to the City Manager for study, report and recommendation to Council in regard to funding sources for a one time grant and funding sources for a long term loan. File #60-304-467 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 34124-122198. (7-0) File #60-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending issuance of Change Order No. 4 to the City's contract with Danis Environmental Industries, Inc., for upgrade and expansion of the Water Pollution Control Plant. Adopted Ordinance No. 34125-122198. (6-0) Member White was out of the Council Chamber). File #27-468 (Council A report recommending appropriation of funds in connection with the Regional Radio System Capital Radio Project. Adopted Ordinance No. 34126-122198. (7-0) File #60-262-472 4 A report recommending execution of a permit agreement to allow the City to remove a fire escape from the rear of City-owned property located at 118 Campbell Avenue, S. W. Adopted Ordinance No. 34127 on first reading. (7-0) File #70-166 e A report recommending appropriation of $33,000.00 to provide funds for construction of a metal storage building at the Carvins Cove Filter Plant. Adopted Ordinance No. 34128-122198. (7-0) File #60-468 b. DIRECTOR OF FINANCE: A report with regard to providing a $159 per month supplement to certain retirees of the City Sheriff's Department. Withdrawn. File #60-121-429 6. REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending execution of a contract with Allegheny Construction Company, in the amount of $432,046.50, for construction of the Brambleton Avenue Bridge Replacement Project; and transfer of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34129-122198 Resolution No. 34131-122198. (7-0) File #60-102 and 34130-122198 and 7. UNFINISHED BUSINESS: None. 0 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a# Ordinance No. 34105, on second reading, authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Hyperion Telecommunications of Virginia, Inc., for construction, maintenance and operation of telecommunications facilities in the City's rights-of-way. Adopted Ordinance No. 34105-122198 on second reading. (7-0) File #322-383 bo A Resolution appointing a Director of the Industrial Development Authority of the City of Roanoke to fill a four (4) year term on its Board of Directors. Adopted Resolution No. 34132-122198. (7-0) File #15-110-207 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. The questions of appropriating funds in connection with updating the City's Comprehensive Plan was referred to 1999-2000 budget study. File 060-200 The Mayor requested that the City Manager contact appropriate officials of Blue Ridge Community Services in connection with rendering temporary assistance for a drop-in/day center for persons with mental disabilities. File #335 The City Clerk was requested to poll the Members of Council in regard to holding a work session in mid-February 1999 to discuss the proposed Parks and Recreation Comprehensive Master Plan. File #67-132 6 10. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION: (7-0) William C. Holland was appointed as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001. File #15-110-202 Jonathan Katz and Roland Lovelace, Jr., were appointed as members of the Youth Services Citizen Board for terms ending May 31, 2001. File #15-110-304 At 3:20 p.m., the meeting was declared in recess until 7:00 p.m., in the City Council Chamber. 7 R O/tNOKE CITY CO UNCIL RE G UL,4R SESSION December 21, 1998 7:00p. m. CITY COUNCIL CHAMBER /I GENDA FOR THE COUNCIL Call to Order-- Roll Call. (Mayor Bowers was absent) The Invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Harris. Welcome. Vice-Mayor Harris. AO HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to Ordinance No. 33831-051898 in connection with an extended payment agreement for delinquent water and sewer bills. Linda W. Easterling, Spokesperson. (5 minutes) The matter was referred to the Finance for appropriate response. File #111 City Manager and Director of Request to address Council with regard to increasing the multiplier, equivalent to a five percent increase, for all members of the Employees' Retirement System. Angela Norman, Spokesperson. (5 minutes) Received and filed. File #184-429 B. PUBLIC HEARINGS: Public hearing on the request of JJ&T Partnership to amend a condition proffered in conjunction with the rezoning of a tract of land lying on the southerly side of Campbell Avenue, S. E., bearing Official Tax No. 4011103. Alton B. Prillaman, Attorney. Adopted Ordinance No. 34133 on first reading. (6-0) File 051 Public hearing on the request of the City of Roanoke Redevelopment and Housing Authority to rezone a tract of land located on the east side of Kimball Avenue, N. E., bearing Official Tax No. 3030101, and the adjacent northern half of the closed portion of McDowell Avenue, N. E. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 34134 on first reading. (6-0) File #51 ge Public hearing on the request of the Roanoke City Planning Commission to rezone 15 tracts of land located in the 1700 block of Loudon Avenue, N. W., and in the Hyde Park neighborhood in the northwest quadrant of the City, bounded generally by 17th Street on the east and 18th Street on the west, to the north and south, those alleys behind the homes facing Loudon Avenue, N. W., identified as Official Tax Nos. 2211901- 2211907, inclusive, and 2211312-2211319, inclusive, from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District. Gilbert E. Butler, Jr., Chairperson. Adopted Ordinance No. 34135 on first reading. (6-0) File 051 Public hearing on a request of the City of Roanoke to consider conveyance of real estate identified as a portion of Official Tax No. 1010310 commonly known as a lot at the northwest comer of Norfolk Avenue and First Street. W. Robert Herbert, City Manager. No action was taken by Council. File #166 C. OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT BACK TO COUNCIL. l0 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011 - 1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 December 21, 1998 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB:se MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 29, 1998 File #110-335 Fred P. Roessel, Jr., Ph.D., Executive Director Blue Ridge Community Services 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Dr. Roessel: Your communication recommending concurrence in the reappointment of William L. Lee as an at-large member of the Blue Ridge Community Services Board of Directors for a term ending December 31, 2001, subject to the concurrence of the other local participating governments, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. On motion, duly seconded and unanimously adopted, Council concurred in the reappointment of Dr. Lee and expressed appreciation for his willingness to continue to serve as a member of the Blue Ridge Community Services Board of Directors. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Pamela K. Cox, Secretary, Blue Ridge Community Services Board of Directors, 219 Dalewood Avenue, Salem, Virginia 24153 Dr. William L. Lee, Member, Blue Ridge Community Services Board of Directors, 4139 Appleton Avenue, N. W., Roanoke, Virginia 24017 N :\CKLO I ~AGENDA9$~DEC2 I.WPD Fred P. Roessel, Jr. December 29, 1998 Page 2 pc: Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Forest G. Jones, Assistant City Manager/Clerk of Council, Salem City Council, P. O. Box 869, Salem, Virginia 24153 Terry L. Austin, Chair, Botetourt County Board of Supervisors, 1 West Main Street, Box 1, Fincastle, Virginia 24090-2002 Stephen A. Carter, Administrator/Clerk, Craig County Board of Supervisors, P. O. Box 308, New Castle, Virginia 24127 W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development N:\CKLO l'~AGENDA98~DEC21 .WPD Blue Ridge Community Services Susan J. Cloeter Rita N. Foster v~e C,h~n Rodney P. Furr Treasurer Pamela K. Cox Execut/ve O/rector Fred P. Roessel, Jr., Ph.D. December 4, 1998 The Honorable David A. Bowers Mayor, City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor Bowers: According to our records, Rev. William L. Lee's current term of appointment to the Blue Ridge Community Services Board of Directors as an at-large member will expire December 31, 1998. The by-laws of the Board require that at-large members be recommended by the Board to the five participating localities. All five local governments must concur with the recommendation in order to confirm an appointment. Our records indicate that Rev. Lee is eligible for consideration for another appointment to our Board in accordance with the Statutes of Virginia. At the December 3, 1998, Board of Directors meeting, a resolution was passed to recommend the reappointment of Rev. Lee for a three year term as an at-large member. Thank you in advance for your attention to this matter. Sincerely, FPRjr/ksy C: W. Robert Herbert James D. Ritchie Glenn Radcliffe Mary F. Parker William L. Lee Susan J. Cloeter Fred P. Roessel, Jr., Ph.D. Executive Director FYI Executive Offices- 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TDD: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke Blue Ridg. e Community Services Susan J. Cloeter Cha/rman Rita N. Foster v'~ Cha/~an Rodney P. Furr Treasurer Pamela K. Cox Secretary Executive Director Fred P. Roessel, Jr., Ph.D. December 4, 1998 The Honorable David A. Bowers Mayor, City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor Bowers: According to our records, Rev. William L. Lee's current term of appointment to the Blue Ridge Community Services Board of Directors as an at-large member will expire December 31, 1998. The by-laws of the Board require that at-large members be recommended by the Board to the five participating localities. All five local governments must concur with the recommendation in order to confirm an appointment. Our records indicate that Rev. Lee is eligible for consideration for another appointment to our Board in accordance with the Statutes of Virginia. At the December 3, 1998, Board of Directors meeting, a resolution was passed to recommend the reappointment of Rev. Lee for a three year term as an at-large member. Thank you in advance for your attention to this matter. Sincerely, Fred P. Roessel, Jr., Ph.D. Executive Director FPRjr/ksy C: W. Robert Herbert James D. Ritchie Glenn Radcliffe Mary F. Parker v William L. Lee Susan J. Cloeter Executive Offices- 30t Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TDD: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke CITY OF SALEM~ VIIIGI~X'IA ! 14 NORTH BROAD STREET OFFICE OF CITY MANAGEr P.O. BOX 869 24153-0869 {540} 375-301 6 December 21, 1998 Dr. Fred P. Roesse!, Jr. Blue Ridge Community Services 301 Elm Avenue, S. W. Roanoke, VA 24016-4026 Dear Dr. Roessel: The Council of the City of Salem at its regular meeting held on December 14, 1998, reappointed Rev. William L. Lee to the Blue Ridge Community Services Board of Directors as an at-large member, subject to the concurrence of the other participating jurisdictions. This term will expire on December 31, 2001. me. If you have any questions, please do not hesitate to contact Sincerely, ~ Forest G. Jones Assistant City Manager and Clerk of Council FGJ:jcb c: Clerk, Roanoke County Board of Supervisors Clerk, Roanoke City Council Clerk, Botetourt County Board of Supervisors Clerk, Craig County Board of Supervisors MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE r !T': , ~ ,'-~ December 7, 1998 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 11:03 a.m. on Monday, December 7, 1998, with Chairman, William White, Sr., presiding. · The roll was called by Ms. Barger Audit Committee Members Present: William White, Sr., Chairman Mayor David Bowers Carroll E. Swain C. Nelson Harris Others Present: T. Douglas McQuade, KPMG Robert N. Collis, III, KPMG Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance David C. Anderson, City Treasurer Rick Hale, Chief Deputy City Treasurer Jesse A. Hall, Deputy Finance Director Kit B. Kiser, Director of Utilities & Operations Archie W. Harrington, Manager CIS Diane S. Akers, Budget Administrator Frank E. Baretta, Grants Monitor Charles A. Haflow, Grants Monitor Denise E. Stewart, Senior Auditor Troy A. Harmon, Senior Auditor Courtney A. Booth, Auditor Evelyn W. Barger, Administrative Assistant 2. FINANCIAL AUDITS KPMG June 30, 1998 Reports: Ae B. C. D. City of Roanoke Letter of Recommendation on Procedures and Controls City of Roanoke Report to the Audit Committee City of Roanoke Pension Plan Letter to the Pension Committee City of Roanoke Comparative Report Transmittal Form Mr. White ordered that the financial audit reports be received and filed. There were no objections to the order. Mr. Grisso asked if Year 2000 comment in the Management Letter was standard for all clients. Mr. McQuade responded no, but it is common. Audit Committee Minutes Page 2 $. FINANCIAL AUDITS Ae Grants Compliance Fiscal Management Mr. White ordered that the financial audit reports be received and filed. There were no objections to the order. Mr. White recognized Mr. Bird for comments. Mr. Bird recognized the in-charge auditors who summarized their reports. Mrs. Stewart briefed the Committee on the Grants Compliance audit report. Mr. Swain asked when did Grants get the recommendations. Mrs. Stewart responded that the recommendations were given to Grants in August, 1998. Mr. White wanted to know if the checklist was compliance or financial. Mrs. Stewart reported that it was both and that Audit would be involved in reviewing the checklist for completeness. Mr. Herbert reported that the new position that is being considered within Economic Development will be very helpful in assuming the responsibilities of the MBE/WBE functions and making sure that all requirements and recommendations will be done. There were no further questions. Mr. Harmon briefed the Committee on the Fiscal Management audit report. Mr. Anderson thanked the Audit department for performing the audit. Mr. Anderson reported to the Committee that to-date all recommendations had been addressed. There were no further questions. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. 6. ADJOURNMENT: There being no further business, the meeting adjourned at 11:29 a.m. William White, Sr., Chairman MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 29, 1998 File #15-110-450 SANDRA H. EAKIN Deputy City Clerk James O. Trout, Chair Economic Development Commission 2102 Stephenson Avenue, S. W., #18 Roanoke, Virginia 24014 Dear Mr. Trout: This is to advise you that on December 4, 1998, John M. Stroud qualified as a member of the Economic Development Commission for a term ending June 30, 2001. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Phillip F. Sparks, Secretary, Economic Development Commission Sandra H. Eakin, Deputy City Clerk N:\CKLO 1 ~AGENDA98'~DEC2 I.WPD Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John M. Stroud, do ~olemnly swe~- (or affirm) that I will support the Constitu~'on of the United States of Amedca and the Constitution of the Commonwealth of Virginia, that I will faithfully and imp~ally di~.2~ar~e and I~rform all the duties incumbent upon~ae as a member of the Economic Development Commission for a term ending June~30, 2001, according to the best of my ability. So help me God. ARTHUR B. CRUSH, III, CLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk December 29, 1998 Sandra H. Eakin Deputy City Clerk File #60-304-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 21, 1998, John Brown, President, Board of Directors, Northwest Child Development Center, requested one time funding assistance from the City of Roanoke, in the amount of $400,000.00, to purchase and renovate property located at 1523 Melrose Avenue, N. W. On motion, duly seconded and unanimously adopted, the request was referred to the City Manager for study, report and recommendation to Council with regard to funding sources for a one time grant and funding sources for a long term loan. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: John Brown, President, Board of Directors, Northwest Child Development Center, 1523 Melrose Avenue, N. W., Roanoke, Virginia 24017 Susan P. Durrer, Executive Director, Northwest Child Development Center, 1523 Melrose Avenue, N. W., Roanoke, Virginia 24017 Diane S. Akers, Budget Administrator, Office of Management and Budget N:~CKLO I~AGENDA98~DEC21 .WI~D 12/16/98 01:28 FAX ~01 THE NoRTH T CHILD DEVELOPlb :NT CENTI R lS~ ~ A~nmH. N.W. · ~ ~ ~401~' - (~10) ~4~-0S~ John Blown President Vernon Danicls~n Vice President Michell¢ Pear,on Treasurer Bcuy Brown Rheba Cannaday Alfrcd T. Dowc. Jr. Nancy gichell~tg~r Dcni.~c Hcndctson Bevedy Lambert Gary Lewis Angola Rush AUorncy Rotert Szathmary Marchem Turner · Stt~n P. Dur~r E,~ec. tive Director · Charicne H. Chambers Associate Director · Honorary Board Members: Geneva Johnson Rev. Carl T. Tinsley Sadyc K. White December 15, 1998 Ms. Mary Parker City Clerk 215 Church Avenue, Room 456 Roanoke, VA 24011 Dear Ms. Parker: This letter is written to request that Northwest Child Development Center be placed on the agenda for the Roanoke City Council meeting on Monday, December 21, 1998 at 2:00 pm. Representatives from NWCDC will address City Council in order to secure funds to assist in the purchase our building. NWCDC is a non- profit child care center serving children 18 months to 12 year old. The center targets families of low to moderate income but all incomes are welcome. If you have questions, please do not hesitate to contact me at (540) 342-0233. Sincerely, Susan P. Durrer Executive Director DEC-15-1998 13:41 P. 01 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 29, 1998 File #60-467 SANDRA H. EAKIN Deputy City Clerk Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 34124-122198 amending and reordaining certain sections of the 1998-99 School Fund Appropriations, providing for appropriation of funds to various school accounts; viz: $53,064.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund, $34,659.00 for the School Health Incentive Grant, $1,000.00 for the Let's Talk Program, and $56,335.00 for the Technology Literacy Challenge Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Ann H. Allen, Manager, Accounting Services, Department of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools N :\CKLO 1 \AGENDA98~DEC21.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of December, 1998. No. 34124-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke thatcertain sections of the 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3oropHations Education Facilities (1-5) ........................................... Technology Literacy 98-99 (6-8) ............................. Let's Talk 98-99 (9) ....................................... School Health Incentive 98-99 (10-11) ........................ $ 115,320,123 1,365,227 56,335 1,000 34,659 Revenue Education Federal Grant Receipts (12) ................................ Fees (13~ .............................................. State Grant Receipts (14) .................................. $ 113,889,084 56,335 1,000 34,659 Fund Balance Reserved for CMERP - Schools (15) .......................... $ 744,113 1) Machinery and Equipment 2) Machinery and Equipment 3) Buildings 4) Buildings (030-060-6006-6109-0821 ) (030-O60-6006-6681-0821) (030-060-6006-6896-0851 ) (030-060-6006-6896-0851 ) $9,101 7,745 3,304 4,364 5) Motor Vehicles and Equipment 6) Maintenance Service Contracts 7) Inservice Workshops 8) Machinery and Equipment 9) Field Trips 10) Compensation of Nurses 11 ) Social Security 12) Federal Grant Receipts 13) Fees 14) State Grant Receipts 15) Reserved for CMERP - Schools (030-060-6006-6683-0824) (030-060-6989-6002-0332) (030-060-6989-6002-0587) (030-060-6989-6002-0821 ) (030-060-6990-6000-0583) (030-060-6991-6672-0131) (030-060-6991-6672-0201 ) (030-060-6989-1102) (030-060-6990-1103) (030-060-6991-1100) (030-3324) $ 28,550 28,375 19,899 8,061 1,000 32,196 2,463 56,335 1,000 34,659 (53,064) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE. VIRG1NIA '98 December 21, 1998 TO: FROM: SUBJECT: The Honorable Mayor and Members of Roanoke City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $53,064.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for music instrument replacement, district-wide facility maintenance, vehicle replacement, and facility improvements to Huff Lane and Ruffner. $34,659.00 for the School Health Incentive grant to provide for an increase in the physical health care services in elementary and secondary schools. This new program is funded by state funds. $1,000.00 for the Let's Talk Program to provide disadvantaged students through educational field trips. funded with a donation from the Downtown Kiwanis Club. enrichment for economically This continuing program is $56,335.00 for the Technology Literacy Challenge grant to develop individual competencies and training in instructional technology for 220 teachers in grades K-2 in order to improve the academic and technological achievement of the district's primary students. This continuing program will be funded with federal funds. We recommend that you concur with this request of the School Board. /ffecior of Fina~c'e" -- JDG/pac Attachments c: Ann H. Allen, Manager of Accounting Services '~~t~ Marsha W. Ellison, Chairman F.B. Webster Day . Melinda J. Payne, Vice Chairman Sherman P. Lea N, Charles W. Day Ruth C. Willson /,,,-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 · Fax: 540-853-2951 Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Lee, Clerk of the Board The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: December 9, 1998 As a result of official action at its December 8 meeting, the School Board requests the following appropriations: $53.064.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for music instrument replacement, district-wide facility maintenance, vehicle replacement, and facility improvements to Huff Lane and Ruffner. $34,659.00 for the School Health Incentive grant to provide for an increase in the physical health care services in elementary and secondary schools. This new program is funded by state funds. $1,000.00 for the Let's Talk Program to provide enrichment for economically disadvantaged students through educational field trips. This continuing program is funded with a donation from the Downtown Kiwanis Club. $56,335.00 for the Technology Literacy Challenge grant to develop individual competencies and training in instructional technology for 220 teachers in grades K-2 in order to improve the academic and technological achievement of the district's primary students. This continuing program will be funded with federal funds. The Board appreciates the approval of these requests. Sincerely, Cindy H. Lee, Clerk re cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr, W. Robert Herbert Mr. Wilburn C. Dibling Mr. lames D. Grisso Ms. Ann Allen (with accounting details) Preparing Students for Success Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk December 29, 1998 File #27-468 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34125-122198 authorizing the City Manager's issuance of Change Order No. 4 to the City's contract with Danis Environmental Industries, Inc., for upgrade and expansion of the Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, 311 Pollard Street, Vinton, Virginia 24179 Elmer C. Hodge, County Administrator, Roanoke County, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018 N :\CKLO 1 'vkGENDA98~DEC2 I.WPD W. Robert Herbert December 29, 1998 Page 2 pc: Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090-2002 Department of Environmental Quality, 3959 Electric Road, S. W., Roanoke, Virginia 24018 Malcolm Pirnie, Inc., 102 Corporate Park Drive, White Plains, New York, 10602 Mattern & Craig, Inc., Consulting Engineers, 701 First Street, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen $. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant N:\CKLO I \A. GENDA98'~DEC21 .WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34125-122198. AN ORDINANCE authorizing the City Managers issuance of Change Order No. 4 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 4 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated December 21, 1998. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $38,279 to the original contract dated September 18, 1997, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. December 21, 1998 Council Report No. 98-185 i !i ,"::, -,I Honorable Mayor and Members ty Cc~uncd ~ ''' Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 4 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 ~ on the subject in chronological order is as follows: Ao Project consists of the uograde and expansion of the Water Pollution Control Plant to 62,000,000 gallons treatment capacity per day. Bo Contractor for this project is Danis Environmental Industries, Inc, of Dayton, Ohio. Contract amount awarded by City Council on August 4, 1997, was $16.690,000 with a specified time of 730 consecutive calendar days. The date of the contract is September 18, 1997. D. Change Orders to date are as follows: Original Contract Amount Change Order No. 1 (approved July 6, 1998) Change Order No. 2 (approved August 17, 1998, and seven additional calendar days) Change Order No. 3 (approved October 19, 1998) Current Total Amount of Contract 6,69O,0OO 100,513 65,782 52.317 Completion date is still November 5, 1999. II. Current situation is as follows: The following additional items have been identified as part of the required work on this project and need to be approved for payment. Item 8 of Change Order No. 3 was for sandblasting the interior of Secondary Digester No. 5 (used to collect and store methane gas for plant use). The consultant specified 50 mil coating of modified polyurethane coating to close the cracks in the concrete walls of the digester. Once this was done the walls still leaked. The manufacturer of the coating was consulted and his recommendation was to apply an Honorable Mayor and Members of City Council CHANGE ORDER NO. 4 UP(~RADE AND EXPANSION WATER POLLUTION CONTROL PLANT BID NO. 97-4-54 December 21, 1998 Page 2 additional 50 mil thickness of coating. This was done and the tank now holds gas. Cost for additional coating $7,053. Diaester No. 4 was found to be the seme as No. 5 once it we,-, uncovered and emptied. To sandblast and then provide and install 100 mils of modified polyurethane to the interior walls of Digester No. 5 is $27,861. Forming Costs for suspended gullet slab that was not clear in tho contract documents. The estimator had assumed a gullet slab on grade, not suspended as required. Price of form work and shoring $3,365. Total amount of Change Order No. 4 is $38,279. Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have reviewed these changes and have recommended them to the City of Roanoke for payment. III. Issue8 in order of importance are as follows: A. Engineering concerns B. Funding C. Time of completion IV. Alternatives in order of feasibility are as follows: Ao ADDrove the issuance of Change Order No. 4 to the contract with Danis Environmental Industries, Inc., in the amount of ~ and no additional calendar days. Engineering concerns as previously described would be met in a timely manner. Funding is available in account number 003-056-8475-9065 in the amount of ~ due to budgeting for contingency in Budget Ordinance No. 33539-080497. Total of project contingency after Change Order Nos. 1 through 4 is 91,115,641. 3. Time of completion would remain the same, November 5, 1999. Honorable Mayor and Members of City Council CHANGE ORDER NO, 4 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT BID NO. 97-4-54 December 21, 1998 Page 3 Reject the issuance of Change Order No. Enqineerinq concerns would not be met in a timely manner. Funding would not be encumbered at this time. Time of completion would not change with either alternative. Mo Recommendation is as follows: City Council concur in alternative "A" and take the following action: Ao Authorize the City Manaqer to issue Change Order N0. zl to the contract with Danis Environmental Industries, Inc., in the amount of ~ and no change in the contract time of completion. The total contract amount would then be $16,946.891, and the completion date November 5, 1999. B. Prooortional share tO each jurisdiction would be as follow~: City of Roanoke County of Roanoke City of Salem Botetourt County Town of Vinton Total of Change Order No. 4 (37.3%) $14,278.07 (29.2%) 11,177.47 (20.9%) 8,000.31 (7.0%) 2,679.53 (5.6%) ~ Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kw Honorable Mayor and Members of City Council CHANGE ORDER NO. 4 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT BID NO. 97-4-54 December 21, 1998 Page 4 City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt Department of Environmental Quality Malcolm Pirnie, Inc. Mattern & Craig, Inc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk December 29, 1998 File f~60-262-472 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34126-122198 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $1,031,780.00, representing City of Roanoke costs in connection with the Regional Radio System Capital Radio Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget Joe D. Slone, Manager, Communications N:\CKLO I ',~.GENDA98'~DEC 21 .WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of December, 1998. No. 34126-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD~ror~riations Other Infrastructure $ 22,430,864 Regional Radio System (1) ................................. 6,689,931 1) Appropriated from General Revenue (008-050-9614-9003) $1,031,780 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 21, 1998 Council Report N~ 9842 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: APPROPRIATION OF BUDGETED AMOUNT TO REGIONAL RADIO SYSTEM PROJECT L Ye ~ on the subject in chronological order is as follows: A. City Council authorized Regional Radio System May 12, 1997 during approval of the fiscal year 1997-98 budget. A. Intergovernmental A~eement between Roanoke City_ and County was executed for installation of a Regional Radio System on December 16, 1997. B. Contract with Motorola_ Inc. was executed for the installation of the Regional Radio System on December 17, 1997. C. Project is currently on schedule and is due to be activated for Phase I, Fire and EMS in January 1999. D. $1.031,780 was included in Transfers to Capital Projects fund as part oD;ho adopted General Fund budget for fiscal year 1999 in support of this project. Current situation is as follows: A. Budgeted funding of $1,031.780. needs to be appropriated in the proper Capital Projects Fund account. ISSUES in order of importance are as follows: A. Costs B. Funding availability Alternatives in order of feasibility are as follows: A. Council approve the appropriation of $1,031.780 in Regional Radio System Capital Radio Project, account number 008-050-9614-9003. 1. Costs for the City share of this regional project are required for the project to be completed in a timely manner. Funding availability in the adopted FY99 General Fund Budget as previously identified, will be appropriated in the proper account to provide funds to continue construction of the Regional Radio System. Council choose not to transfer the available funds to the appropriate project account. 1. Costs will not change. Fundin_e availability will remain in the General Fund until some disposition is approved by Council. V. Recommendation is that City Council concur in Alternative A, and take the following specific actions: Appropriate $1.031.780 in Capital Projects Fund account number 008-050-9614- 9003, Regional Radio System Capital Radio Project. W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director of Public Safety Office of Management and Budget Manager, Communications Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk December 29, 1998 File #70-166 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34128-122198 amending and reordaining certain sections of the 1998-99 Water Fund Appropriations, providing for appropriation of $33,000.00, in connection with construction of a metal storage building at Carvins Cove Filter Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely, ~~t~,.--,- Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer N:\CKLO I~AGENDA98XDEC2 I.WPD James D. Grisso December 29, 1998 Page 2 p¢~ Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Jesse H. Perdue, Jr., Manager, Water Department N:\CKLO I',AGENDA98~DEC21 .WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of December, 1998. No. 34128-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 4,170,280 Metal Building for Carvins Cove (1) ........................... 33,000 Retained Eamin.qs Retained Earnings (2) ....................................... $ 30,510,836 1) Appropriated from General Revenue (002-056-8390-9003) $ 33,000 2) Retained Earnings (002-3336) (33,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: APPROPRIATION OF FUNDS METAL STORAGE BUILDING CARVINS COVE FILTER PLANT FOR CITY OF ROANOKE WATER DEPARTMENT December 21, 1998 Council Report No. 98-186 Background on the subject in chronological order is as follows: Ao The City Water DePartment reauested the assistance of the Office of the City Engineer to design and have built a stock metal storage building to house materials and eauipment that should not be stored in the main buildings. The cost of the building should not exceed $30.000. The building is needed primarily for storage of spare parts for plant equipment. Currently we have to depend on suppliers for delivery of pumps, motors, and other needed parts when replacement is required; the only stored spare parts are at the Maintenance Building at the Water Pollution Control Plant. The building will also have enough storage space for lawn mowers and other equipment. The City Engineer prepared contract documents and solicited bids from four metal building dealers and constructors. R.A. Howard Construction of Elliston, Virginia, submitted the Iow bid in the amount of $29,950. II. Current situation is as follows: A. Bids have been received and a contract needs tO be executed. III. Issues in order of importance are as follows: A. Funding B. Time IV. Alternatives in order of feasibility are as follows: Authorize the aoDrooriation of $33,000 to provide funding for the construction of the metal storage building at Carvins Cove Filter Plant; $29.950 for the contract and $3.050 contingency. 1. Funding is available in Water Fund Retained Earnings. Honorable Mayor and Members of City Council APPROPRIATION OF FUNDS METAL STORAGE BUILDING CARVlNS COVE FILTER PLANT FOR CITY OF ROANOKE WATER DEPARTMENT December 21, 1998 Page 2 Bo 2. Time to complete construction of the metal storage building as soon as possible is met. Do not authorize the appropriation of $33.000 to provide funding for the construction of the metal storage building at Carvins Cove Filter Plant. 1. Funding would not be encumbered at this time. 2. Time of completion of the project would be extended. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the a~DroDriation of $33.000 from the Water Department Retained Earnings account to provide funding for the construction of the metal storage building at Carvins Cove Filter Plant to a Capital account entitled "Metal Building for Carvins Cove Water Treatment Plant." Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kw O: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Department Mary F. Parker, CMCIAAE City Clerk CITY OF R O.4NOKE Office of the City Clerk December 29, 1998 File #60-102 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: James D. Grisso Director of Finance Roanoke, Virginia I am attaching copy of Resolution No. 34131-122198 declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the Brambleton Avenue Bridge Replacement Project, effective on and after December 21, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely. ~d.,,j,,,~.,,=- Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations N:\CKLO I kAGENDA98~DEC21 .WPD W. Robert Herbert James D. Grisso December 29, 1998 Page 2 pc: Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management N:\CKLO I~GENDA98~DEC2 I.WPD IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34131-122198. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the Brambleton Avenue Bridge Replacement Project and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $162,197 appropriated by a resolution simultaneously adopted by the City Council on December 21, 1998, for certain expenditures to be made in connection with the Brambleton Avenue Bridge Replacement Project from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498- 072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497- 072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Brambleton Avenue Bridge Replacement Project is $350,000 all as is more fully set forth in the December 21, 1998 report to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. '.. :? MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 29, 1998 SANDRA H. EAK1N Deputy City Clerk File #60-102 John W. Douthat, Vice President Allegheny Construction Co, Inc. 2830 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 34130-122198 accepting the bid of Allegheny Construction Company, Inc., in the amount of $432,046.50, for the Brambleton Avenue Bridge Replacement Project, upon certain terms and conditions; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. MFP:Io Enclosure pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management N:\CKLO I kAGENDA98'OEC2 I.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 29, 1998 File #60-102 Larry G. Conner, Sr., President Aaron J. Conner General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 J. T. Mitchell, Vice President Hammond-Mitchell, Inc. P. O. Box 428 Covington, Virginia 24426 William D. Gee, President H. & S. Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of Ordinance No. 34130-122198 accepting the bid of Allegheny Construction Company, Inc., in the amount of $432,046.50, for the Brambleton Avenue Bridge Replacement Project, upon certain terms and conditions; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21 1998. , On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure. N:\CKLO IL~GENDA98~DEC21 .WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34130-122198. AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the Brambleton Avenue Bridge Replacement Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Allegheny Construction Company, Inc., in the total amount of $432,046.50 for the Brambleton Avenue Bridge Replacement Project, as is more particularly set forth in the City Manager's report dated December 21, 1998, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and ail other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk December 29, 1998 File #60-102 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34129-122198 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for transfer and appropriation of funds in connection with the Brambleton Avenue Bridge Replacement Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer N:\CK.LO I L~.GENDA98'43EC21 .WPD James D. Grisso December 23, 1998 Page 2 pc; Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:L~,GENDA98~DEC21 .WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of December, 1998. No. 34129-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AooropHations Streets and Bridges Three Bridge Replacement (1-3) ............................. Wasena Bridge Rehabilitation (4) ............................ Walnut Avenue Bridge Replacement (5) ....................... Jefferson Street Bridge (6-7) ................................ $ 23,259,547 487,047 1,062,770 1,716,623 629,697 Capital Improvement Reserve $ Public Improvement Bonds - Series 2000 (8) ................... ( Revenues Due From Bell Atlantic (9) .................................. $ (008-052-9551-9001) (008-052-9551-9003) (008-052-9551-9004) (008-052-9546-9001) (008-052-9684-9003) 253,336 208,234 25,477 (73,876) (179,308) 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Appropriated from Third Party 4) Appropriated from Bond Funds 5) Appropriated from General Revenue 12,772,281 1,088,545) 25,477 6) Appropriated from Bond Funds 7 Appropriated from General Revenue 8) Bridges 9) Accounts Receivable from Bell Atlantic - Brambleton Avenue Bridge (008-052-9698-9001) (008-052-9698-9003) (008-052-9709-9190) $ (17,263) (28,926) (162,197) (008-1266) 25,477 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 21, 1998 Council Report No. 98-187 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT BID NO. 98-10-72 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Carroll I~.'/~n, Chairman W. Alvin Hudson William F. Clark Charles M. Huffine - CES/JGB/kw Attachment: Bid Committee Report C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue December 21, 1998 Council Report No. 98-187 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT BID NO. 98-10-72 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/JGB/kw Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue December 21, 1998 Council Report No. 98-187 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT BID NO. 98-10-72 ~ on the subject in chronological order is as follows: The City of Roanoke Bridge Inspection Program identifies replacement and maintenance needs. Bo One (1) bridge with the highest Driority needs to be replaced, //1820, Brambleton Avenue over Murray Run. Project consists of replacing the bridge over Murray Run on Brambleton Avenue at Fishburn Park. Brambleton Avenue traffic will be detoured temporarily into Fishburn Park during construction. Project was Dro_~erlv advertised and bids were oubliclv opened and read alou~l by D. Darwin Roupe, Manager, Office of Supply Management, on November 24, 1998, for the Brambleton Avenue Bridge Replacement Project. Four (4) bids were received with Alleqhenv Construction Company, Inc., 2830 Nicholas Avenue, N.E., Roanoke, Virginia 24012, submitting the Iow bid in the amount of $432,046.50. II. Current situation is as follows: A. Proiect has been bid and now needs to be constructed. III. Issues in order of importance are as follows: A. Cost B. Funding Honorable Mayor and Members of City Council BID COMMITTEE REPORT BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT BID NO. 98-10-72 December 21, 1998 Page 2 IV. Alternatives in order of feasibility are as follows: Authorize the City Mana_oer to execute a unit price contract, in a form approved by the City Attorney, with Allegheny Construction Company, Inc., in the amount of $432,046.50 and 120 calendar days for completion, with a project contingency of $55,000.00 ($11,400 is for inspection and construction administration). 1. Cost is 4% below the Engineer's estimate. Funding is available through the 1997 bond referendum and from completed projects. Do not authorize the City Mana_oer to execute a contract with Allegheny Construction Company, Inc. 1. Cost would be based on future bids. 2. Funding would not be required at this time. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manager to execute a unit ~)rice Contract, in a form approved by the City Attorney, with Allegheny Construction Company, Inc., for the Brambleton Avenue Bridge Replacement Project, in the amount of ~ and 120 calendar days for completion, with a project contingency of $55,000.00 (911,400 is for inspection and construction administration). Transfer 9299,373 from the following completed project accounts to account number 008-052-9551-9001, Three Bridge Replacements: Wasena Bridge Rehabilitation 008-052-9546 $ 73,876 Walnut Avenue Bridge Replacement 008-052-9684 179,308 Jefferson Street Bridge 008-052-9698 46,189 AgDroDriate from Bell Atlantic, Inc., $25,477 for utility adjustment. Establish a receivable in the same amount. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT BID NO. 98-10-72 December 21, 1998 Page 3 Transfer ~ 162,197 from the sale of Series 2000 bonds account 008-052-9709- 9190 to the same account. Adopt a resolution declaring the City's intent to reimburse itself ~ 162,197 from the proceeds of the sale of Series 2000 general obligation bonds. The maximum principal amount of debt expected to be issued for the Brambleton Avenue Bridge Replacement Project is $350,000. Reject the other bids received. JGB/kw Attachment: Bid Tabulation C' City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDR BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT BID NO. 98-10-72 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday, November 24, 1998, at 2:00 p.m. CONTRACTOR Allegheny Construction Company, Inc. BID AMOUNT $432,046.5O H. & S. Construction Co. $512,647.85 Aaron J. Conner, General Contractor, Inc. $515,547.00 Hammond Mitchell, Inc. $562,542.02 Estimated Cost: ~450,547 Mattern & Craig, Inc. 701 First Street, S.W. Roanoke, Virginia 24016 Office of the City Engineer Roanoke, Virginia December 21, 1998 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk Sandra H. Eakin Deputy City Clerk December 29, 1998 File #322-383 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34105-122198 authorizing the City Manager to execute a Temporary Nonexclusive Revocable License Agreement with Hyperion Telecommunications of Virginia, Inc., for construction, maintenance and operation of telecommunications facilities in the City's rights-of-way. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, December 7, 1998, also adopted by the Council on second reading on Monday, December 21, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Archie W. Harrington, Manager, City Information Systems William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Glenn A. Asher, Manager, Risk Management Charles M. Huffine, City Engineer N:\CKLO I ~AGENDA98~DEC2 I.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of December, 1998. No. 34105-122198. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Hyperion Telecommunications of Virginia, Inc., for the construction, maintenance, and operation of telecommunications facilities in the City's rights-of-way. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Temporary Nonexclusive Revocable License Agreement with Hyperion Telecommunications of Virginia, Inc., for the construction, maintenance, and operation of telecommunications facilities in the City's rights-of-way, all as is more particularly set forth in the City Manager's report to this Council dated December 7, 1998. 2. The term for the License Agreement shall be until January 1, 1999, and continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise and/or Agreement, whichever occurs first and shall be subject to being revoked without cause upon 60 days notice to Licensee. 3. The Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached as Exhibit 1 to the above mentioned City Manager's report. ATTEST: City Clerk. December 7, 1998 Council Report No. 98-184 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: SUBJECT: Temporary Nonexclusive Revocable License Agreement for Hyperion Telecommunications of Virginia, Inc. Backqround on the subject is: In January 1996, Congress passed the Telecommunications Act of 1996 and it was signed into law by the President in February 1996. The new Act was designed to remove regulatory barriers and encourage competition among all types of communications companies. The Act preempts all state and local laws that prohibit or have the effect of prohibiting a business from providing telecommunications services. B° In compliance with the 1996 Telecommunications Act, the city entered into temporary nonexclusive revocable license agreements with KMC (dated January 7, 1997) and ACSI (dated December 31, 1996) granting each of them the right to use the City rights-of-way for telecommunications purposes and deferring the issue of compensation until the General Assembly acted on those issues. ACSI has not elected to exercise its rights under the temporary license agreement to build its network in the city as of this date. However, KMC has exercised its rights under the temporary license agreement and is presently building its network in Roanoke and the surrounding area. C° The 1997 General Assembly put a moratorium on telecommunications franchise charges to maintain the status quo while telecommunications carriers and localities tried to resolve the controversy between the parties as to what type of compensation and how much compensation the localities should be allowed for the use of their rights-of-way. The 1998 General Assembly Session addressed the issues of compensation or charges localities could impose on or require from telecommunications carriers for the use of the rights- of-way in the localities. This legislation provides for a right-of-way use fee along with other requirements for imposing the fee. At the present time, City staff is reviewing this new legislation and will be presenting to Council a report on this new legislation. In the meantime, KMC and ACSI have requested and received extensions of their current temporary license agreements pending the city's adoption of a telecommunications ordinance or legislation. The city may also choose to adopt a new telecommunications regulatory ordinance/franchise agreement to be used by telecommunications companies in the future, such as KMC, ACSI and Bell Atlantic. However, it will take some time to adopt such a new ordinance and other documents. Accordingly, any new telecommunications company seeking to use the City's rights-of-way should also be allowed to operate under a similar temporary nonexclusive revocable license agreement as KMC and ACSI have in order to comply with the 1996 Telecommunications Act. II. Current situation is: no A new telecommunications Company to this area, Hyperion Telecommunications of Virginia, Inc. has requested the right to construct, maintain and operate in the City's right-of-way telecommunications facilities to provide telecommunications services within and outside the city pending the adoption of a final ordinance and agreement to which they would be subject once the ordinance and agreement are adopted by the city. Bo Hyperion Telecommunications of Virginia, Inc., is a Virginia Corporation. It is a wholly owned subsidiary of Hyperion Telecommunications, Inc., which is a corporation with offices in Bridgeville, Pennsylvania. Hyperion Telecommunications, Inc. is a publicly traded corporation with the majority of its stock held by Adelphia Communications Corporation. C. A Temporary Nonexclusive Revocable License Agreement has been sent to Hyperion which is substantially similar to that previously executed by both KMC and ACSI. The temporary license agreement is for a term to January 1, 1999, and month to month thereafter or until the city adopts a final ordinance and agreement, whichever occurs first. It provides that Hyperion will be subject to the telecommunications regulatory ordinance that the city may adopt, that it will comply with all the terms and conditions of such ordinance or agreement, and that such compliance will be retroactive to the effective date of the temporary license agreement. The temporary license agreement defers the issue of compensation and certain fees or costs until the adoption of an ordinance and agreement by the city in the future. Hyperion has agreed to sign the temporary license agreement and wishes to move forward with the execution of those agreements so that they can construct their facilities and begin providing telecommunications services in the city. III. Issues in order of importance: A. Need for services B. Compliance with the Telecommunications Act of 1996. Co Protecting the riqhts of the city to manage its public rights-of-way. IV. Alternatives in order of feasibility are: ao City council authorize the City Manager and City Clerk to execute and attest a separate temporary nonexclusive revocable license agreement with Hyperion Telecommunications of Virginia, Inc., in substantially similar form as the temporary license agreement attached to this report as Exhibit I, such form to be approved by the City Attorney, authorizing Hyperion to construct, maintain and operate telecommunications facilities in, over and across those portions of the public rights-of way within the city as described in the route diagrams to be filed by Hyperion and/or as may be approved by the City Manager or his designee. The term of the temporary license agreement will be until January 1, 1999, and month to month thereafter or until the city adopts a telecommunications regulatory ordinance and license/franchise agreement, whichever occurs first. Need to allow telecommunications carriers to provide telecommunications services to the citizens of the city on a competitive basis will be met. 2. Compliance with the Telecommunications Act of 1996 will be met because the telecommunications carriers will be allowed to construct, maintain and operate their telecommunications facilities within the city to provide telecommunications services as anticipated by the act. o The rights of the city to manage its public rights-of-way would be met or preserved by the temporary license agreement. City Council not authorize the execution of temporary nonexclusive revocable license agreements with Hyperion. Need to allow telecommunications carriers to provide telecommunications services to the citizens of the city on a competitive basis would not be accomplished. 2. Compliance with the Telecommunications Act of 1996 would be questioned by the carriers as to whether or not the city was providing a barrier to their entry into the telecommunications business within the city. The riqhts of the city to manage its public rights-of-way would not be an issue. Vo Recommendation is as follows: ao City Council concur with Alternative A and authorize the City Manager and City Clerk to execute and attest a temporary nonexclusive revocable license agreement with Hyperion Telecommunications of Virginia, Inc. in substantially similar form as the agreement attached to this report as Exhibit 1, such form to be approved 4 by the City Attorney, authorizing Hyperion Telecommunications of Virginia, Inc. to construct, maintain and operate telecommunications facilities in, over and across those portions of the public rights- of-ways within the city as described in the route diagrams to be filed by Hyperion and or as maybe approved by the City Manager or his designee and that the term of the temporary license agreement be until January 1, 1999, and month to month thereafter or until the city adopts a telecommunications regulatory ordinance and license/franchise agreement, whichever occurs first. AWH/mm Enclosure cc: City Attorney Director of Finance Manager CIS Director, Public Works City Clerk Manager Risk Management Manager Engineering Director, Utilities & Operations Respectfully submitted, W. Robert Herbert City Manager TEMPORARY NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT This Temporary Nonexclusive Revocable License Agreement (hereatter- Agreement) is made and entered into as of , by and between the City of Roanoke, Virginia, a Virginia municipal corporation (hereat~er - City or Grantor) and Hyperion Telecommunications of Virginia, Inc., (hereatter Hyperion or Licensee or Grantee), a Virginia corporation, having an office at DDI Plaza Two, 500 Thomas Street, Suite 400, Bridgeville, PA 15017. WHEREAS, Hyperion has requested the right to install and operate a telecommunications system or facilities in the City's rights-of-way in order to provide telecommunications services within the City; and WHEREAS, the City is in the process of developing a Telecommunications Regulatory Ordinance and License/Franchise Agreement which will take several months to complete; and WHEREAS, Hyperion desires to enter the City rights-of-way under a temporary nonexclusive revocable license to use the rights-of-way at its own risk; and WHEREAS, the City is agreeable to allowing Hyperion to use the City rights-of-way subject to certain terms and conditions hereinafter set out and subject to any Telecommunications Regulatory Ordinance and License/Franchise Agreement that may be adopted by the City in the future. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City and Hyperion agree as follows: Section 1: Grant of Authority. Hyperion will provide a detailed route diagram and detailed description of all facilities, appliances, their location, and construction requirements which it anticipates will be used for its initial fiber optic network for the City of Roanoke. A route diagram dated April 28, 1998, showing the anticipated route is attached to this License Agreement as Exhibit 1. Hyperion is hereby granted a temporary nonexclusive revocable license to construct, maintain, and operate telecommunications facilities in, over, under, and across those portions of the public ways within the City as described in Exhibit 1 and such other public ways within the City as Hyperion may request and which requests are approved by the City Manager or his designee in his sole discretion and which are in compliance with the provisions of this License Agreement, all for the sole purpose of providing telecommunication services, including but not limited to both local and long distance. This License Agreement does not include any provision of any cable television services of any type or any wireless services or other types of services other than telecommunication services as defined in the definition section of this License Agreement. The City specifically reserves the right to grant other licenses, franchises or other rights as it deems appropriate for other telecommunications systems or facilities or any other purposes in accordance with the law. Section 2: Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Affiliate" means a person that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person. "CableAct" shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et HAAGMTS~FRAN~H YPE RION seq., as now and hereafter amended. "Cable operator" means a person providing or offering to provide "cable service" within the City as that term is defined in the Cable Act. "Cable service" for the purpose of this Agreement shall have the same meaning provided by the Cable Act. "City" means the City of Roanoke, Virginia, and where appropriate, its officers, agents, employees and volunteers. "City Manager" means the City Manager of the City of Roanoke or his designee. "City property" means and includes all real property owned by the City, other than public streets and utility easements, as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this Agreement. "Communications Act" means the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, and as maybe amended from time to time. "Conduit" means any materials such as the metal or plastic pipe that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunication service. "Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic cable, or other technology for the provision of telecommunications service. "Excess capacity" means the volume or capacity in any existing or future duct, innerduct, conduit, manhole, handhole or other utility facility within the public way that is, or will be, available for use for additional telecommunications facilities. "FCC" or "Federal Communications Commission" means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carders, services and providers on a national level. "Grantee" means any person receiving any authorization pursuant to the terms and provisions of this Agreement, including a Licensee or Franchisee. "Grantor" means the City of Roanoke, Virginia. "Gross revenue" means any and all cash, credit, property of any kind or nature, or other consideration received directly or indirectly by a telecommunications carder in any way derived from its provision of telecommunications service in the City or from its telecommunications facilities in the City whether or not they originate or terminate in or outside the City. "Maintenance" means any effort or expenditure taken or made by a Grantee to preserve, repair, or improve existing telecommunications facilities or infrastructure in accordance with generally accepted industry standards. "Other ways" means the highways, streets, alleys, utility easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental entity other than the City. "Overhead facilities" means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means any natural person, corporation, company, association, joint stock company H:~AG~YPERION 2 or association, firm, partnership, limited liability company, joint venture, trust, individual and any other legally recognized entity, private or public, whether for profit or not-for-profit and includes the officers, agents, employees or representatives of such entity where appropriate. "Public street" means the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including non-paved surfaces, now or hereatter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, or similar public use. "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter held or controlled by the City, but only to the extent of the City's right, title, interest or authority to grant a License or Franchise to occupy and use such streets and easements for telecommunications facilities. "State" or "Commonwealth" means the Commonwealth of Virginia. "State Corporation Commission" means the State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carders, services and providers in the Commonwealth of Virginia. "Surplus space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users and the ground surface, as required by the orders and regulations of the State Corporation Commission or other regulatory entity, to allow its use by a telecommunications carrier for a pole attachment. "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, circuits, equipment or property within the City, used or to be used for the purpose of offering telecommunications service. "Telecommunications facilities" means the plant, equipment and property, including but not limited to, fiber optic cables, cables, lines, wires, conduits, ducts, circuits, pedestals, antennae, electronics and other appurtenances or technology used or to be used to transmit, receive, distribute, provide or offer telecommunications services. "Telecommunications provider" means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the telecommunications facilities. "Telecommunications service or services" means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of signals, including but not limited to voice, data, image, graphic or video or other programming information between or among points by wire, lines cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other telecommunications facilities. "Telecommunications system" See "Telecommunications facilities". "Underground facilities" means utility or telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. "Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the State Corporation Commission or other regulatory entity. "Utility" or "Public Utility" shall be defined in accordance with applicable state laws regarding public utilities. H:',AGMTS~FRAN~H YPERION 3 "Utility easement" or "Public Utility easement" means any easement held by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. "Utility facilities" means the plant, equipment and property, including but not limited to, the poles, pipes, mains, conduits, ducts, cables, fiber optic cables, circuits, wires, lines, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services. Section 3: Compliance With Applicable Law. City and Licensee shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to the Communications Act. Section 4: Permits. Licensee, including its contractors and consultants, prior to any construction or work will obtain all appropriate permits therefor, including any application and permit for street opening if any streets will be disturbed. Section 5: Licensee's Authority. Licensee warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City and upon request by the City will provide evidence of such authority. Section 6: License Only. Licensee acknowledges and agrees that all Licensee is granted by this Agreement is a temporary nonexclusive revocable license and that no franchise or any other rights of any kind are granted by this Agreement, including but not limited to any right to provide any type of cable television services or wireless services. Section 7: Application Of Telecommunications Regulatory Ordinance. Licensee acknowledges and agrees that the City is in the process of developing a Telecommunications Regulatory Ordinance and/or License/Franchise Agreement. Licensee acknowledges and agrees it will be subject to any final Telecommunications Regulatory Ordinance and/or License/Franchise Agreement that the City may adopt in accordance with the law and that Licensee will comply with all the terms and conditions of any such Ordinance or Agreement, including but not limited to any terms for compensation due to the City, and that such compliance will be retroactive to the date of this Agreement. Section 8: Compensation. Licensee acknowledges and agrees that the compensation Licensee will owe the City for the use of the City's public ways or other areas has not yet been determined as of this time, but will be determined upon the City's adoption of the Telecommunications Regulatory Ordinance and/or License/Franchise Agreement mentioned in Section 7 above. However, Licensee acknowledges and agrees that it will provide or pay to the City whatever compensation will be due the City under any Telecommunications Regulatory Ordinance and/or License/Franchise Agreement as mentioned in Section 7 above that the City may adopt and that such compensation will be due retroactively to the effective date of this Agreement. Such compensation may include, but not be limited to any percentage of gross revenues, linear foot charges, provision of connectivity and/or laterals to City H:kA. GMTSh~KAN'~H YPE RION 4 owned, occupied, or controlled buildings, other in kind services or equipment, or any other costs or expenses, that are permitted under applicable law. Licensee acknowledges and agrees that there may be additional costs associated with the provision of these in-kind services that may have been avoided if finalized prior to the adoption of this Agreement. Licensee assumes responsibility for such additional costs and warrants that the City will not be prejudiced in further negotiations for compensation due solely to the increase in providing the in kind services at, er construction of the Licensee's backbone network. Section 9: Term. The term of this Agreement shall be until January 1, 1999, and shall continue month-to-month thereai~er, or until the adoption ora Telecommunications Regulatory Ordinance, Franchise and/or Agreement by the City, whichever occurs first, at which time all rights of Licensee under this Agreement that may be affected or replaced by such Ordinance, Franchise, or Agreement, shall terminate. Furthermore, the City shall have the right to revoke the Licensee's rights under this Agreement, with or without cause, at any time upon giving the Licensee sixty days written notice, such notice to be sent to the Licensee at the following address by certified return receipt mail or overnight delivery service or by facsimile: Hyperion Telecommunications of Virginia, Inc. DDI Plaza Two, 500 Thomas Street, Suite400 Bridgeville, PA 15017 Facsimile: (412)221-6642 Section 10: Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or Licensee may have, at law or in equity, for enforcement of this Agreement. Section 11: Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. Section 12: Transfer of ownership. Licensee shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either voluntarily or by force or involuntary sale, or ordinary sale, consolidation, or otherwise any of the rights or privileges granted by this Agreement without the prior consent of the City Council. Provided, however, i£Licensee should have a name change only, no transfer of assets or obligations to other entities, such a transfer will only require written notice to City Council at least 30 days prior to such transfer. Section 13: Costs. Licensee will pay to the City the costs and expenses incurred by the City related to the grant of this License Agreement. The total amount of costs and expenses Licensee will owe the City in connection with the grant of this License Agreement and/or the adoption of a Telecommunications Regulatory Ordinance and License/Franchise Agreement will be determined upon the City' s adoption of such Ordinance and/or Agreement, not to exceed $10,000 per Licnesee. However, Licensee will also pay the City all reasonable costs and expenses incurred by the City in connection with any H:~AGMT~FRAN~YPERION 5 enforcement or defense of this License Agreement. All such costs and expenses are to be paid within thirty days at~er submission of any statements to the Licensee by the City for such costs and expenses. Section 14: Conditions of License. Section 14.1: Location of Facilities: All telecommunications facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified: 14.1.1 :To the extent feasible, a Grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. If not feasible, Grantee, upon approval from the City, may construct or install its own conduits or ducts. 14.1.2:A Grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available. 14.1.3 :Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the City, a Grantee with permission to occupy the same public way must also locate its telecommunications facilities underground. 14.1.4:Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the City, a Grantee that currently occupies the same public way shall relocate its facilities underground, at Grantee's sole cost, within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the City, such relocation shall be made concurrently to minimize the disruption of the public ways. 14.1.5 :Whenever new telecommunications facilities will exhaust the capacity of a public way or utility easement to reasonably accommodate future telecommunications carriers or facilities, the Grantee shall provide, at no cost to City, additional ducts, conduits, manholes, handholes and other facilities for nondiscriminatory access to future telecommunications carders or use alternate routes, subject to approval from the City. Section 14.2: Compliance with Laws: All Grantees shall, before commencing any construction in the public ways, comply with all local, state and federal laws and regulations and continue to comply with them throughout the License or Franchise. Section 14.3: Permits: All Grantees are required to obtain all applicable permits for telecommunications facilities as required in this Agreement. However, nothing shall prohibit the City and a Grantee from agreeing to an alternative plan to review permit and construction procedures in an agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Section 14.4: Public Works: The rights and privileges granted by this Agreement shall not be in preference or hindrance to the rights of the City and any other lawful governmental authorities having jurisdiction to perform or carry out any public works or public improvements. Should the telecommunications system interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its sole expense, shall protect or relocate the telecommunications system, or any H:~AGMTS~R. AN~HYPERION 6 applicable part thereof, as directed by the City or other governmental authorities having jurisdiction. Section 14.5: Use of Public Ways: 14.5.1 :Grantee, in any opening it shall make in the public ways of the City, shall be subject to the provisions of this Agreement and to all applicable ordinances, codes and regulations of the City. The telecommunications system of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the public ways. 14.5.2:The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of the telecommunications system of Grantee with reference to municipal facilities, such as sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property and to facilitate the creation of a convenient, attractive and harmonious community. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Agreement. Grantee shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 14.5.3 :Except in the cases of emergencies, Grantee shall at all times comply with Section 30-60 et seq. of the Code of the City of Roanoke, 1979, as amended, with respect to any opening it shall make in the public ways of the City. Grantee shall not extend beyond the locations specified in Exhibit 1 its telecommunications system in any public way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted by the City Manager or such requirement is waived by the City Manager. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways of the public, the City or by any public utility or any public service corporation for their respective purposes and functions. Such work by Grantee shall also be coordinated with the City's annual paving program through the Office of the City Engineer. 14.5.4:The City does require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the public ways in order to install, construct, maintain or extend the telecommunications system. Such permits are applicable to any and all types of excavations in the public ways, and City Council may, by resolution, establish a fee for each excavation made in a public way. Such permits may require the particular part or point of the public ways where construction or excavation is to be conducted, the length of time in which such permit shall authorize such work to be done and the hours of each day during which such work shall be undertaken. A single permit may be issued for multiple excavations to be made in public ways; provided, however, any public way opening fee established by City Council shall apply to each excavation made in public ways of the City. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency H 5AGMTS~RJd'AHYPE RION 7 excavations made in the public ways without permit, Grantee may make a report of each such excavation to the City within two (2) working days and pay such fee as may be established by City Council for excavations in public ways. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay the Grantee in discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's costs of administering the program of issuing permits and conducting inspections. 14.5.5 :Immediately after installation, repair or extension of the telecommunications system or any portion thereof or any pavement cut by Grantee in any public way of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner reasonably acceptable to the City Manager. Pavement, sidewalks, curbs, gutters or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, Grantee shall use materials whose type, specification and quantities exceed or are different from those used in the installation, and Grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the City Engineer and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring or as determined by the City Engineer. Grantee shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. 14.5.6:Grantee shall promptly remove or correct any obstruction, damage, or defect in any public way which was caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by Grantee after proper notice to do so, given by the City to Grantee, may be removed or corrected by the City, and the cost thereof shall be charged against Grantee and may be enforced as a lien upon any of Grantee's properties or assets subject to any prior existing liens. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction, operation, maintenance or extension of Grantee's telecommunications system shall be home by Grantee and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Grantee to the City. (a) If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected public ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (b) A Grantee or other person acting in its behalf shall use suitable barricades, H 5AGMTS~R.AN~YPERION ~ flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Department of Transportation flagging requirements. 14.5.7:Grantee shall not open, disturb or obstruct, at any one time, any more of the public ways than reasonably may be necessary to enable it to proceed in laying or repairing its telecommunications system. Neither shall Grantee permit any public ways so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its telecommunications system to remain open or the public way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any public ways shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 14.5.8 :Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on any public ways, or shall change the grade or line of any public ways, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the City, it shall be the duty of Grantee to move, alter or relocate its telecommunications system or any part thereof as requested by the City at Grantee's cost and expense. Upon written notice by the City Manager of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the telecommunications system or any part thereof may be removed, altered or relocated by the City, the cost of which shall be paid by Grantee, and the City shall not be liable to Grantee for any damages resulting from such removal, alteration or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the City's facilities would be feasible, the City and Grantee may jointly evaluate whether Grantee could reasonably pay any additional costs to the City of the alternative City facility location in lieu of relocating Grantee's facilities. Section 14.6: Damage to Property: No Grantee nor any person acting on a Grantee's behalf shall take any action or permit any action to be done which may impair or damage any City Property, public ways or other areas of the City, or other property located in, on or adjacent thereto. Section 14.7: Repair and Emergency Work: In the event of an unexpected repair or emergency, a Grantee may commence such repair and emergency response work as required under the circumstances, provided the Grantee shall notify the City as promptly as possible, before such repair or emergency work is started or as soon thereai~er as possible if advance notice is not practicable, but in no event later than 2 working days. H:~AGMTS~FR.O~r~HYPERION 9 Section 14.8: Maintenance of Facilities: Each Grantee shall maintain its facilities in a good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. Section 14.9: Safety Standards. Grantee shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. Section 14.10: Police Power. All rights and privileges granted hereby are subject to the lawful exercise of the police power of the City to adopt and enforce local laws, rules and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement, any License or Franchise and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public. Section 14.11: Relocation or Removal of Facilities: Within thirty (30) days following written notice from the City, a Grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for: 14.11.1:The construction, repair, maintenance or installation of any City facilities or other public improvement in or upon the public ways. 14.11.2:The operations of the City or other governmental entity in or upon the public ways. Section 14.12: Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the City, any Grantee, telecommunications carder, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways or other areas of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or other areas of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: 14.12.1 :Upon expiration or termination of the Grantee's telecommunications License or Franchise. 14.12.2:Upon abandonment of a facility within the public ways of the City. 14.12.3:If the system or facility was constructed or installed without the prior grant of a telecommunications License or Franchise. 14.12.4:If the system or facility was constructed or installed without the prior issuance of a required construction permit. 14.12.5:If the system or facility was constructed or installed at a location not permitted by the Grantee's telecommunications License or Franchise. 14.12.6:Such other circumstances as the City may determine that shows the telecommunications system or facility is unauthorized. Section 14.13: Emergency Removal or Relocation of Facilities: The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City will endeavor H:~AGM'I'S-'WR. AN~YP£ RION 10 to notify telecommunications carders of emergencies which may impact their telecommunications facilities by either attempting to notify the carder or the appropriate notification center. Nothing herein shall create any duties or obligations on the City to so notify said telecommunications carders nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify said telecommunications carders or notification center. Section 14.14: Damage to Grantee's Facilities: The City, its officers, agents, employees, or volunteers shall not be liable for any damage to or loss of any telecommunications services or any telecommunications facility within the public ways or any other areas of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work or activity or lack of any activity of any kind by or on behalf of the City. Section 14.15: Facilities Maps: Grantee shall provide the City with "as built" drawings and an accurate map or maps in an electronic form agreed to by City and Grantee certifying the location of all of Grantee's telecommunications facilities within the City. To the extent City and Grantee cannot agree on an appropriate electronic form for the above referenced map or maps, Grantee agrees to provide City with such information in hard copy or paper format. Grantee shall, upon request, provide updated maps in accordance with this Section on an annual basis. Section 14.16: Duty to Provide Information: Within ten (10) days of a written request from the City, each Grantee shall furnish the City with information sufficient to demonstrate: 14.16.1:That Grantee has complied with all requirements of this Agreement. 14.16.2:That all municipal sales, telecommunications taxes, utility taxes or any other taxes or charges due the City in connection with the telecommunications services or facilities provided by the Grantee have been properly collected and/or paid by the Grantee. Section 14.17: Leased Capacity: Grantee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to persons; provided, Grantee shall provide City written notice when capacity or bandwidth is leased to another telecommunications carder or telecommunications provider. Grantee shall only be required to provide such notice on the first occasion each telecommunications carder or telecommunications provider comes within the above notice requirement. Section 14.18: Insurance and Bond Requirements: (a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain during the life of any License or Franchise the insurance and bonds required by this Agreement. Any required insurance and bonds shall be effective prior to the beginning of any work by Grantee within the City. (b) Commercial General Liability. Grantee shall maintain during the life of its License or Franchise Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of its License/Franchise or arising out of the License/Franchise. The minimum limits of liability for this coverage shall be $10,000,000 combined single limit for any one occurrence. H:~AGMTS~R. AN~ YPER. ION 1 1 (c) (d) (f) (h) Contractual Liability. Grantee shall maintain during the life of its License/Franchise broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement. Workers' Compensation. Grantee shall maintain during the life of its License/Franchise Workers' Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its License/Franchise. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the City, its officers, agents, employees and volunteers. Automobile Liability. Grantee shall maintain during the life of its License/Franchise Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under its License/Franchise. Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $10,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the City. Pollution Liability Insurance. $1,000,000 each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Also the insurance will provide coverage for cleanup costs. Evidence of Insurance. All insurance shall meet the following requirements: (1) The Grantee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles, the amount of such deductible being subject to approval by the City. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, employees and volunteers as additional insureds. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement or any License/Franchise granted under this Agreement shall be authorized to do business in H :~,AGM'FS~R. AN~YPE RION 12 the Commonwealth of Virginia. (i) Bond. Grantee shall post and maintain for the life of its License/Franchise a performance bond in favor of the City in the amount of $50,000. The bond shall be issued by a bonding company approved by the City and authorized to do business in Virginia. Section 14.19: Indemnification: Grantee agrees and binds itself to indemnify, keep and hold the City, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, damages or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Grantee, including but not limited to: (a) Grantee's use of the public ways or other areas of the City; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's telecommunications facilities; (c) the exercise of any right or privilege granted by or under this Agreement or any License/Franchise; or (d) the failure, refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this Agreement or any License/Franchise. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Grantee on account of anything set forth above, Grantee, upon notice given to it by City, will defend the City in any such action or other proceeding, at the cost of the Grantee; and in the event of any settlement or final judgment being awarded against the City, either independently or jointly with Grantee, then Grantee will pay any such settlement or judgment or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City, its officers, agents, employees and volunteers harmless therefrom. Section 14.20: Hazardous Materials: 14.20.1While on or near City's property or easement or in its performance pursuant to this Agreement Grantee shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Agreement and in any event Grantee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of City's acquiescence, Grantee shall indemnify and hold City, its officers, agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from Grantee's violation of this paragraph and agrees to reimburse City for all costs and expenses incurred by City in eliminating or remedying such violations. Grantee also agrees to reimburse City and hold City, its officers, agents, employees and volunteers harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against any of them as a result of Grantee's use or release of any hazardous material, substance or waste onto the ground or otherwise, or into the water or air from, near or upon City's premises. 14.20.2The Grantee shall protect, indemnify, and hold harmless the City from any and all demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any telecommunication facilities or the provision of telecommunications service. H:V, OUrS~U~WmO~ 13 Section 14.21: Performance and Labor and Material Surety: Before a License or Franchise or this Agreement is effective, and as necessary thereaiter, the Grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the City as may be required by this License or Franchise Agreement. Section 14.22: Bonds: Within 10 consecutive calendar days after the elTective date of the Agreement but before any construction is commenced, Grantee shall furnish to the City a performance bond and a labor and material payment bond each made payable to the City in the amount of one hundred (100%) of the estimated cost of constructing Grantee's telecommunications facilities for the construction covered by each permit, which in no event shall be less than $50,000, within the public ways or other areas of the City. The Performance Bond is to guarantee that the project will be free of defective workmanship and materials discovered atter completion and that the work is done in a proper manner without damage to the public ways or other areas of the City. The bonds shall be written by a corporate surety acceptable to the City and authorized to do business in the Commonwealth of Virginia. These performance and payment bonds shall remain in force until 60 days aider completion of construction of Grantee's telecommunications facilities covered by each permit, as determined by the City and upon a certification of completion by Grantee. Alter the 60 day period has expired these performance and payment bonds may be extinguished by Grantee. However, the City reserves its right to require reimposition or to require Grantee to provide new performance and payment bonds in the event any material defaults are discovered in the existing system which, in the opinion of the City, present a need for reimposition of the bonds. 14.22.1 :The bonds shall guarantee, to the satisfaction of the City: (a) timely completion of construction; (b) construction in compliance with applicable plans, permits, technical codes and standards; (c) proper location of the facilities as specified by the City; (d) restoration of the public ways and other property affected by the construction; (e) the submission of"as-built" drawings aiter completion of the work as required by this Agreement. (f) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. (g) removal of the telecommunications facilities, if required by the terms of this Agreement Section 14.23: Coordination of Construction Activities: All Grantees are required to cooperate with the City and with each other and all construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer, to minimize public inconvenience, disruption or damages. Section 14.24: Transactions Affecting Control of Grant: Any transactions which singularly or collectively result in a change offii~y percent (50%) or more of the ownership or working control of the Grantee, of the ownership or working control of a telecommunications License or Franchise, o£the ownership or working control of affiliated entities having ownership or working control of the Grantee or ora telecommunications system, or of control H:~AGMTS~RAN~YPERJON 14 of the capacity or bandwidth of Grantee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to this Agreement, which shall not be unreasonably withheld. Transactions between affiliated entities are not exempt from City approval. Section 14.25: Leasing of Facilities: Grantee shall not lease or license any of its telecommunications facilities, including any conduit or duct space in its telecommunications system, to any telecommunications carrier or telecommunications provider for the placement of any additional telecommunications facilities without first providing City advanced written notice. Grantee shall only be required to provide such notice on the first occasion each telecommunications carder or telecommunications provider comes within the above notice requirement. Section 14.26: Nonenforcement by City: Grantee shall not be excused from complying with any of the terms and conditions of this Agreement or any License or Franchise by any failure of the City, upon any one or more occasions, to insist upon Grantee's performance or to seek Grantee's compliance with any one or more of such terms or conditions of this Agreement or the terms and conditions of any License or Franchise. Section 15: Construction Standards Section 15.1. General: Grantee shall not commence or continue with the construction, installation or operation of telecommunications facilities within the City except as provided in this Agreement. Section 15.2: Construction Codes: Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local laws, codes, rules and regulations including the National Electrical Safety Code. Section 15.3: Permits: No person shall construct or install any telecommunications facilities within the City without first obtaining all appropriate permits therefor, provided, however: 15.3. I:All construction shall be coordinated with the office of the City Engineer and the City's annual paving program. Section 15.4: Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: 15.4.1 :That the facilities will be constructed in accordance with all applicable laws, codes, rules and regulations. 15.4.2:The location and route of all facilities to be installed on existing or replacement utility poles. 15.4.3 :The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways or other areas of the City. 15.4.4:The location of all existing underground utilities, conduits, ducts, pipes, mains, manholes, handholes, junction points and installations which are within the public ways along the underground route proposed by the applicant. 15.4.5:The location of all other facilities to be constructed within the City, but not within the public H 5AGMTShnR-AN'~YPE RION 15 ways. 15.4.6:The specific construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways. 15.4.7: The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction. Section 15.5: Engineer's Certification: All permit applications shall be accompanied by the certification ora registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. Section 15.6: Traffic Control Plan: All permit applications which involve work on, in, under, across or along any public ways or other areas of the City shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with applicable local, state and federal laws and regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. Section 15.7: Issuance of Permit: Within twenty (20) working days after submission of all plans and documents required of the applicant and payment of the fees required by this Agreement, and compliance with the provisions of the Virginia Code, the City, if satisfied that the applications, plans and documents comply with all requirements of this Agreement, will issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as may be deemed necessary or appropriate. Section 15.8: Construction Schedule: The Grantee shall submit a written construction schedule to the City Engineer ten (10) working days before commencing any work in or about the public ways. The Grantee shall further notify the City Engineer not less than five (5) working days in advance of any excavation or work in the public ways and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Virginia Code § 56-265.14 et. seq. Section 15.9: Compliance with Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The City and its representatives shall be provided access to the work and such further information as it may require to ensure compliance with such requirements. Section 15.10: Display of Permit: The Grantee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City at all times when construction work is occurring. Section 15.11: Survey of Underground Facilities: The Grantee shall supply and specify the location of all facilities by depth, line, grade, proximity to other facilities or other standard, the Grantee shall cause the location of such facilities to be verified, to the extent required, by a registered state surveyor. The Grantee shall relocate, at its expense, any facilities which are not located in compliance with permit requirements. .:~AaMTSWRaNmVP£PaO~ 16 Section 15.12: Noncomplying Work: Upon direction of the City, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this License or Franchise, shall be removed at the sole expense of Grantee. Section 15.13: Completion of Construction: The Grantee shall promptly complete all construction activities so as to minimize disruption of the City public ways and other public and private property. All construction work authorized by a permit within City, including restoration, must be completed within 120 days of the date of issuance of the permit. Section 15.14: As-Built Drawings: Within sixty (60) days aRer completion of construction, the Grantee shall furnish the City with two (2) complete sets of as built plans, drawn to scale and certified to the City as accurately depicting the actual location of all telecommunications facilities constructed pursuant to the Agreement or permit and shall include a digitized map(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system. Section 15.15: Restoration of Public Ways, Other Ways and City Property: Immediately after installation, repair or extension of the telecommunications facilities or any portion thereof or any pavement cut by telecommunications carriers in any public way or other areas of the City, the incidental trenches for excavation shall be refilled by telecommunications carriers in a manner reasonably acceptable to the City Manager. Pavement, sidewalks, curbs, gutters, and any other portions of sidewalks or public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by telecommunications carriers at their own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, telecommunications carriers shall use materials whose type, specification and quantities exceed or are different from those used in the installation, and telecommunications carriers at their own expense shall provide such materials. Where a cut or disturbance is made to a section of sidewalk or paving, rather than replacing only the area actually cut, telecommunications carriers shall replace the full width of the existing sidewalk or pavement and the full length of the section or sections cut as determined by the City Engineer. Telecommunications carriers shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of public ways or other areas disturbed by telecommunications carriers. 15.15.1 :If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 15.15.2:A Grantee or other person acting in its behalf shall use suitable barricades, flags, fiagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Department of Transportation flagging requirements. H:LttGMTS~F~YPEI~ION 17 Section 15.16: Landscape Restoration: 15.16.1:All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a Franchise, License, or permit must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. 15.16.2:All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City Engineer. Section 15.17: Performance and labor and material payment surety: Prior to issuance of a any permits, the Grantee shall provide a performance bond and a labor and material payment bond, as required in this Agreement. Section 15.18: Responsibility of Owner: The owner of the facilities to be constructed and, if different, the License or Franchise Grantee, are responsible for performance of and compliance with all provisions of this Agreement. Section 15.19: Controlling Law: This Agreement shall be construed and enforced in accordance with the substantive law of the Commonwealth of Virginia and any applicable federal laws. Section 15.20: Captions: The paragraph Captions and Headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Section 15.21: Nondiscrimination. Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. Section 16: Commencement of Work: Licensee will not commence any work within the City until detailed plans have been provided to and approved by the City Engineer. Section 17: Forum Selection: By virtue of entering into this Agreement, Licensee agrees and submits itself to a court of competent jurisdictiOn in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. Section 18: Effective Date: The effective date of this License shall be ,199__. Section 19: Removal of Licensee's Facilities: If the City adopts a Telecommunications Regulatory Ordinance and/or Telecommunications License/Franchise Agreement and if Licensee is awarded a license or franchise or otherwise granted authority pursuant thereto, then on the effective date of any such award, the terms and conditions of that Telecommunications Regulatory Ordinance and/or License/Franchise Agreement shall supersede all the terms and conditions of this Agreement and this Agreement shall be automatically and immediately terminated. However, if Licensee is not awarded a license/franchise or otherwise granted rights by any future Telecommunications Ordinance or Agreement adopted by the City, or if the term of this Agreement expires or the rights granted to Licensee by this Agreement are revoked by the H:LttGMTS~FRAN~YPERION 18 City, Licensee shall immediately cease operations within the City and shall not be permitted to operate, maintain or repair its existing encroachments or facilities and shall promptly remove any and all of Licensee's facilities and equipment within the City, all at the sole cost of Licensee. Hyperion by the undersigned authorized agent, does hereby agree to abide by the terms, conditions and obligations of the Agreement. WITNESS the following signatures: Attest: City of Roanoke, Virginia Mary F. Parker, City Clerk By W. Robert Herbert, City Manager Attest: Hyperion Telecommunications of Virginia, Inc. Secretary By Authorized Agent and (SEAL) CORPORATE SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney H:k~.GMTSkFR. AN~H YPERION 19 Attachment of Hyperion Telecommunications of Virginia, Inc. EXHIBIT #1 TO THE TEMPORARY AGREEMENT BETWEEN CITY OF ROANOKE AND VIRGINIA, INC. NONEXCLUSIVE REVOCABLE LICENSE HYPERION TELECOMMUNICATIONS OF Attached is the route of the Hyperion Telecommunications of Virginia, Inc., fiber optic network for the City of Roanoke. The Hyperion Telecommunications of Virginia, Inc., fiber optic network is approximately __ fiber route miles in the Roanoke area. Hyperion will be constructing this network within the City of Roanoke and Roanoke County. Reference is made to the specific plans and specifications to be provided to the Office of the Roanoke City Engineer for greater detail. Hyperion Telecommunications of Virginia, Inc., By Typed Name Title: H:aOMTS~HWmON 20 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 29, 1998 File #15-110-207 SANDRA H. EAKIN Deputy City Clerk Mr. Stark H. Jones P. O. Box 1881 Roanoke, Virginia 24008 Dear Mr. Jones: I am enclosing copy of Resolution No. 34132-122198 appointing you as a Director of the Industrial Development Authority of the City of Roanoke to fill a four year term on its Board of Directors. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. Sincerely, Mary F. ~arker, CM¢/~E City Clerk MFP:Io Enclosure pc: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk N:\CKLO 1VkOENDA98'~DEC21 .WPD 1N THE COU'NCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34132-122198. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. WHEREAS, the Council is advised that the term of office of J. Darryl Burks as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1998; WHEREAS, § 15.2-4904 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, at~er initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Stark H. Jones is hereby appointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on December 7, 1998, and expiring on October 20, 2002, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1998. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 29, 1998 SANDRA H. EAKIN Deputy Cily Clerk File #15-110-207 Mr. Stark H. Jones P. O. Box 1881 Roanoke, Virginia 24008 Dear Mr. Jones: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 7, 1998, you were appointed as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were appointed. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing copy of the Freedom of Information Act. On behalf, of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io N:\CKLO I ~AGENDA98'~DECT. WPD Mr. Stark H. Jones December 29, 1998 Page 2 Enclosure pc: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk N:\CKLO I ~AGENDA98'~DEC 7. WPD COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of December, 1998, STARK H. JONES was appointed as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002. Given under my hand and the Seal of the City of Roanoke this twenty-ninth day of December, 1998. City Clerk N :\C KLO I'~.GENDA9 g'~DEC 7.WPD Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stark H. Jones, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of 1998. ARTHUR B. CRUSH, III, CLERK BY , DEPUTYCLERK N:\CKLO I~AGENDAgg~DEC7.V~D Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk December 29, 1998 File #60-200 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 21, 1998, the question of appropriating funds in connection with updating the City's Comprehensive Plan was referred to 1999-2000 budget study. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Works Evelyn S. Lander, Acting Chief, Planning and Community Development Diane S. Akers, Budget Administrator, Office of Management and Budget N :\C KLO I ~AGENDA0$\DEC2 I.WPD Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk December 29, 1998 File #335 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 21, 1998, the Mayor requested that the City Manager contact appropriate officials of Blue Ridge Community Services with regard to rendering temporary assistance for a drop-in/day center for persons with mental disabilities. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Glenn D. Radcliffe, Director, Human Development N:\CKLO 1 ~AGENDAgS~DEC21 .WPD COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 21st day of December, 1998, WILLIAM C. HOLLAND was appointed as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001. Given under my hand and the Seal of the City of Roanoke this 29th day of December, 1998. City Clerk N:\CKLO I'~A. GENDAgg~DEC21 .W~PD COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 21st day of December, 1998, ROLAND LOVELACE, JR., was appointed as a member of the Youth Services Citizen Board for a term ending May 31, 2000. Given under my hand and the Seal of the City of Roanoke this 29th day of December, 1998. City Clerk H:~AGENDA9$'~)EC2 I.WPD COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 21st day of December, 1998, JONATHAN KATZ was appointed as a member of the Youth Services Citizen Board for a term ending May 31, 2001. Given under my hand and the Seal of the City of Roanoke this 29th day of December, 1998. City Clerk H:'~-GENDA98kDEC21 .WPD Mary F. Parker, CMC/AAE City Clerk CITY OF RO 4NOKE Office of the City Clerk December 29, 1998 File #111 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: James D. Grisso Director of Finance Roanoke, Virginia At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 21, 1998, Linda W. Easterling, 1044 Morehead Avenue, S. E., addressed Council with regard to Ordinance No. 33831-051898 in connection with an extended payment agreement for delinquent water and sewer bills. It was the consensus of Council that the matter would be referred to you for appropriate response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Ms. Linda W. Easterling, 1044 Morehead Avenue, S. E., Roanoke, Virginia 24013 Iq:\CKLO I \AGENDA98~DEC2 I.WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 29, 1998 File #184-429 Ms. Angela Norman 1731 Michael Street, N. W. Roanoke, Virginia 24017 Dear Ms. Norman: Your request to increase the multiplier, equivalent to a five percent increase, for all members of the Employees' Retirement System, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 21, 1998. On motion, duly seconded and adopted, the request was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Joyce L. Sparks, Retirement Administrator N:\CKLO I ~.GENDA98~DEC21 .WPD COUNCIL 12/21/98 - ?:00 MAYOR BOWERS AND SUBHITTED BY: ANGgLA NORNAN 1731 HICHAEL STREET N.I~. ROANOKE, VA 24017 MEMBERS OF CITY COUNCIL I AM HERE REPRESENT WHO ARE DISAPPOINTED WITH DIS-APPROVAL OF THE FIRST REQUEST TO INCREASE THE MULTIPLIER BY 5% FOR EMPLOYEES IN THEOLD RETIREMENT PLAN. TONIGHT TO EMPLOYEES THE THESE EMPLOYEES, THEIR FAMILIES AND THE COMMUNITY ARE TOTALLY BAFFLED AS TO HOW COUNCIL MEMBERS SO EASILY APPPROVED THE 50% PENSION ENHANCER BENEFIT ON JUNE 30, 1989 FOR COUNCIL MEMBERS AND COUNCIL APPOINTED OFFICERS AND HAVE APPROVED SEVERAL OTHER MAJOR ENHANCEMENTS FOR EMPLOYEES IN THE NEW RETIREMENT SYSTEM BUT VERY QUICKLY ..DENIED THEIR REQUEST. IT IS APPARENT THAT THERE ARE NOT ONLY TWO RETIREMENT SYSTEMS BUT ALSO TWO SYSTEMS OF STANDARDS FOR THE DECISION MAKING PROCESS BASED ON WHAT GROUP OF EMPLOYEES IS MAKING THE REQUEST AND WHAT THE DIRECTOR OF FINANCE DECIDES AS OPPOSED TO THIS COUNCIL. AT A RECENT RETIREMENT MEETING, EMPLOYEES IN THE "OLD" PLAN WERE TOLD "YOU HAVE THE BENEFIT OF BEING ABLE TO RETIRE EARLIER." THIS SAME BENEFIT IS ALSO APPLICABLE TO THOSE THE 2 CREDIT RETIRE MULTIPLIER. AND THEY WITH THE EMPLOYEES WHO RECEIVED FOR 1YEAR RETIREMENT WILL ALSO HIGHER THIS SCENARIO AUTOMATICALLY MEANS THAT EVEN WHEN THEY RETIRE,THEY WILL ENJOY A BETTER QUALITY OF LIFE THAN THESE ~ EMPLOYEES. THEREFORE, EMPLOYEES IN THE "OLD" PLAN ARE BEING PENALIZED AS OPPOSED TO BEING OFFERED A "WINDOW OF OPPORTUNITY" TO CHANGE TO THE NEW PLAN. THIS PERSONAL DECISION HAS MULTIPLE FACTORS THAT WILL IMPACT ONE'S LIFE AND ONE'S LIFESTYLE. IN A REPORT DATED NOVEMBER 16, 1998, FROM MR. GRISSO, THE DIRECTOR OF FINANCE, TO THIS COUNCIL,MR GRISSO EMPHASIZED THAT (1)MAJOR ENHANCEMENT WAS MADE OCTOBER 1, 1977 TO THE "OLD RETIREMENT SYSTEM" TO CHANGE THE VESTING RETIREMENT FROM 20 YEARS TO YEARS. CURRENTLY, ALL FULL TIME EMPLOYEES ARE NOW VESTED WITH 5 YEARS OF 10 SERVICE - SO THAT (1) ENHANCEMENT OVER 20 YEARS AGO IS NOW NULLIFIED. THE DISPARITY THAT IS BEING ALLOWED AND SUPPORTED BETWEEN THE (3) TIERS OF CITY EMPLOYEES MUST BE THE COMMUNITY AND EMPLOYEES, DUE TO RECTIFIED. SOME AN ERRONEOUS NEWSPAPER REPORT, WAS LEAD TO BELIEVE THAT ALL CITY EMPLOYEES RECEIVED THE 5% RETIREMENT MULTIPLIER. THIS PERCEPTION WAS LEFT UNCORRECTED BY ANYONE. TONIGHT, I AM ASKING THIS COUNCIL TO RE-CONSIDER THE REQUEST TO INCREASE THE MULTIPLIER BY 504 FOR EMPLOYEES IN THE ERS PLAN BASED ON EQUALITY FOR ALL EMPLOYEES!!! ~ ~~ ~ ~,.~,.~. ~o ~ ~,~,. ,~.,, OF EMPLOYEES AND INVOLVES A SMALL AMOUNT OF MONEY; BUT, ADDRESS A LARGE MORALITY ISSUE. WITH ALL THE MILLIONS OF DOLLARS IN THE RETIP,~NT ACCOUNT THERE IS NO VALID REASON FOR NON-APPROVAL OF THEIR REQUEST. ANGELA NORMAN (DECEMBER 21, 1998) EMPLOYEE IN THE DEPARTMENT OF PERSONNEL MANAG~NT December 16, 1998 I would like to address City Council on December 21, 1998 at the 7:00 p.m. meeting, to request the City of Roanoke Old Retirement Plan multiplier be increased from 1.43% to 1.50%, equivalent to a 5% increase for all members in the ERS Plan. Angela Norman December 21, 1998 "¢'~ : ', i ~ffi¢lg'Ot'i~e City Manager Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear,Mayor Bowers and Members of City Council: A public heating will be held on Monday, December 21, 1998 to receive public comment on the proposed conveyance of a portion of city-owned property identified by Tax Map No. 1010310. This is related to the Economic Development project adjacent to the proposed Railside Linear Walk you were briefed on at the December 7, 1998 meeting. Following the Public Hearing, you will not be asked to take any action. I anticipate bringing a measure before you for consideration and action in January, 1999, at which time, a formal agreement between the city and the developer will have been negotiated. Currently, negotiations between the developer and the tenant and the city's Architectural Review Board are very sensitive. Therefore, I suggest that comments and discussion related to this exciting project be reserved for the future meeting where your action will be required to make this project a reality. For informative purposes, I have included two related and very positive articles that recently appeared in The Roanoke Times. Please feel free to call either me or Doug Chittum at 853-6439 if you have any questions about this matter. Respectfully submitted, W. Robert Herbert City Manager WRH/EDC:kdc cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Management and Budget Chief, Economic Development Room 364 Municipal South 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke,va.us Roanoke's DSC announces deal with Canada's InSystems that should create 40positions Software merger to add jobs DSC's specialty is a system ealled FastForms, which electronically distributes a company's documents to employees who have to fill them out. A fast-growing Roanoke software company announced a merger Monday tha~ its officials say will strengthen the company and open 40 jobs next year. DSC [nc. recently merged with [nSystems of Markham, Ontario, which operates in one of Canada's high*tech hot spots, a region sometimes compared to California's Silicon Valley. The two private interna- tional companies offer comple- mentary document processing sohware for the financial ser. vices industry. Separately, DSC is in talks to relocate to a vacant ~ house that some see as a potential new growth area in downtown Roanoke. The merger annotmcement caps a period of rapid growth a~ 8-year-old DSC, founded by the former director of information systems at Grand Piano and Furrdture of Roanoke, RusseU Ellis. DSC introduced its software in 1994, received a $3 milh'on investment from GE Capital Services Corp. in 1997 and grown from 17 to 60 employ- ees. Sales have doubled every year for the past three, accord- lng to the company. ~Ve are preparing for more explosive growth,' l~lUs sa/d, ~ is a merger based on a growth strategy, not based on expense reduction, as we .see in many mergersY DSC will grow to 100 by the end of next year, Ellis predicted. DSC's specialty is a system called FastForms, which dis- tributes a company's docu- ments via electrohic means to the employees who have to fill them out. 'Instead of having a The merger announcement caps a period of rapid growth at 8-year-ok:l DSC, founded by Russell Ellis, above. DSC is explonng t~e boSS~bility of rnoving fi~rn an o~ce building on South Jefferso~ Street to a warehouse at 109 Norfolk Ave., below. The move w~uid wo~ in conjunction with t~e prebosecl downtow~ linear rail walk, said Doug Chittum, the c~y's economic development administrator. form supply room, ~ all those forms ate kep~: on a CD- ROM, the Interne(~ or received through e-mail aU~achments,' Ellis said. In addition, the sys- tem helps office personnel choose and complete forms. With the addition of [kqC to its existing services, ~ can offer customers 'end-to-end document processing,' a new~ release said. Currently, DSC .said it supplies its product to 50 insurance carriers and banks and 300,000 life insurance agents and agencies. InSystems said it do~s business with 28 of the 50 largest insurers. DSC also is exploring the possibility of moving from an office building on South PLEASE SEE MEltER/A9 Merger Jefferson Street to the city s ware:~_ house row along Norfolk Avenue between First and Second street~.^ Negotiations are under w~, between DSC, building owffer' Thomas Schwendeman and Lion- berger Construction. A contr~ct~:- could bef'malized this week, s~f~ Chittum, the city's econo~c~'~ Doug development administrator. ~ Chittum said the developme~ '.~ of the warehouse at 109 Norf0~ Ave. would work in conjunctio~n~i~: with the proposed downtown linz.~ ear rail walk, which will run ~ front of the building. City Council is scheduled .t~ hold a public hearing Monday discuss the city's possible sale of~ small piece of property it ow~.. adjacent to the warehouse. developer needs the property so mu~tistory addition can be built ~i~ the warehouse that DSC is look~g at, Chittum said .... "If it's feasible and it make~"; good business sense, we wou~ move forward on this ' project,. said Doug Murray, InSystems~'~. Roanoke-based director of bup{? ness development and the form~z. chief fmancial officer of DSC. '..i Staff urriter Todd JacksonTM contributed informat~ to this- story. Jeff Sturgeon can be reached at 981-3251 or jeffs@roanoke.com bqvately financed project won't require city-funded develapownt incentives Deal to renovate downtown wa'rehouse in the works InSystems Technologies development proposal. employees helped choose The city Economic Devel- where the company opment Department is working would move. with developer Sam Lionberger III to renovate the tallest of the {), YOO~ ~ six Norfolk Avenue "warehouse buildings behind the new THE ROANOI~ TIME$ row" The mueh-discussed city downtown Second Street . ~~~ I railwalk that will nm from the Bridge. Under the phm, Lion. downtown market to the Vir- berger Construction would buy ginia Museum of Transportation the historic warehouse from hasn't been built yet, but it's Thomas Schwendeman, then already helped spur a major renovate and lease it to InSystems Technologies Inc. (formerly DSC Inc.), a rapidly growing Roanoke computer software company. City leaders have talked for years about creatively reviving the highly visible warehouses, none of which has undergone extensive renovation. Six dif- ferent owners currently own the buildings, also known as %vholesale row." Doug Chittum, the city's economic development admin- istrator, said the lnSystems project would tie in with a rail walk pedestrian plaza and could spark additional development of several of the adjoining five warehouse buildings. Chittum said the project is on a fast track for completion. Talks on the idea just began last month. The plan still needs City PLEASE SEE WAREHOUSE/A2 FROM A1 Warehouse Council and Architectural Review Board approval, and a contract between the involved parties has yet to be signed. City Council will hold a public hearing on its part of the project Monday night. Chittum said Council could take final action in early January. Lionberger and InSystems execuUve Doug Murray came up with the proposal when Murray expressed interest in the warehouses. InSystemz, which merged with DSC this week, has grown from 17 to 60 employees in past three years. It was looldug to move its offices, currently located in a building a~ Salem Avenue and Jef- ferson Street. The move would allow InSystemz to expand from 7,000 square feet to about 20,000 square feet. The company's employees were given the opportunity to help choose where the company would move. Three sites were consid- ered, including the warehouse. The employees wanted to work in an urban environment in a unique, easily accessible building. Chittum said he sees InSystems ~ somewhat of a local equivalent to 'If it works out, take warehouse row and make it technology row.' DOUG MURRAY INSYS:TEMS TECHNOLOGIES EXECUTIVE software giant Microsoft, which developed an innovative employee campus in Redmond, Wash. The InSystems employees liked the idea of the mil walk and the access and atmosphere it will provide downtown. Funding for the rail walk, which will cost about $2 million, isn't likely to come together for at least another year. "The employees will be able to ride a bike or walk down to the market to get a cup of coffee, or walk around the city and come back and finish whatever project they're working on," Chittum said. "It's a great idea." Lionberger said the total project cost is in 'seven figures." The total project is being privately financed, so city taxpayer dollars won't be needed to provide incentives. In fact, Monday's City Council hearing concerns the sale of a small piece of city-owned land to Lionberger Construction so an addition can be built on the side of the warehouse. The city plans to sell the land for an assessed fair market value price of $15,000, Chittum said. "This project has a lot of potential," Li~nberger said. "One of the positives has been the will- ingness of the city to help." Chittum said the InSystems proposal has already prompted discussion about possible devel- opment of an adjoining ware- house. InSystems could move its officers into the second floor of the adjoining building and a res- taurant has expressed interest in moving into the bottom floor, he said. Any technology business locating in the warehouse could spawn other development, too, perhaps involving other high-tech employers, Murray said. "If it works out, take warehouse row and make it technolobs' row," he said. Schwendeman has been con- templating deals on his building for 14 years. In 1984, he announced plans to develop a res- taurant and "Fa, st-class" club in the warehouse he currently owns and four others he held an option on at the time. City Council even approved the sale of $2.5 million in indus- trial revenue bonds to to help finance the project. But the project stalled. Staff writer Jeff Sturgeon contributed information to this story. Todd Jackson can be reac. h~l at 981-3253 o~ toddj@rcanoke.com The Roanoke Times Ad Number: 1038401 Publisher's Fee: $88.62 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 12/13/98 FULL RUN - Sunday 12/13/98 FULL RUN - Sunday Witness, this 14th day of December 1998 Authorized Signature NOTICE OF PUBUC HEARING. to cmwey a portion of Ci~ Offlclml Tas MWp No. 1010~10, Io~ m lfm ~ ~m~ of Norfolk Avenue and First Stoat, S.W., as well as an air emel~l~l, notice ia hereby th~ C1~ of Roanobe will ~ e be belden ~ 2:1., p.m.,.In the Coumii ~ 4th Fl~er, Mani~pml ~ 215 ChurCh Av~l~l~, $.W. Roanoke, ¥ir~lnia. Ful~ber Douglas Chittum, £~on°mic tl~ city of Roabe~ at (54O) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey a portion of City owned property identified by Official Tax Map No. 1010310, commonly known as a vacant lot at the northwest comer of Norfolk Avenue and First Street, S.W., as well as an air rights easement across a portion of City owned property identified by the same tax map number. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on December 21, 1998, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from E. Douglas Chittum, Economic Development Administrator for the City of Roanoke at (540) 853-6439. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 13tlday of December , 1998. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, December 13, 1998. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:LNOTICE~NS-NORFK December 21, 1998 Honorable Mayor David A. Bowers and Members of City Council Dear Mayor and Members of Council: Subject: Contract of Sale of City-owned property. Conveyance of a portion of Tax Map No. 1010310 in fee simple, as well as conveyance of an air rights easement. Please reserve space on City Council's agenda for the above referenced subject. Respectfully submitted: W. Robert Herbert City Manager WRH/kdc II. December 21, 1998 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, VA SUBJECT: Contract of Sale of City-owned property. Conveyance of a portion of Tax Map No. 1010310 in fee simple, as well as conveyance of an air rights easement. I. BACKGROUND City of Roanoke owns a. 118 acre parcel of real estate (Tax Map No. 1010310), a portion of which will be utilized for the construction of the Railside Linear Walkway project. Bo (), a private development corporation, has entered into a Contract to purchase the historic warehouse located at 109 Norfolk Avenue which adjoins the City's property. They intend to completely renovate the building representing an investment of $1.5 million. Data Systems Consulting, Inc. (DSC) is a software manufacturing company founded in the City of Roanoke in 1991. They employ 60 people in the highly skilled, well-paid software engineering field, and are growing rapidly. Employment levels are expected to reach 200 by the year 2000. DSC needs to relocate, as there is no available space to expand at their current location in downtown Roanoke. A number of locations have been considered, many of which are outside the City. CURRENT SITUATION and DSC have agreed to a lease, allowing for DSC to relocate their business and occupy all 20,400 square feet of the renovated Warehouse at 109 Norfolk Avenue. Bo has requested to purchase from the City, 523 square feet in fee simple and 461 square feet in air rights of Tax Map No. 1010310, in order to construct an addition to their building. (Attachment A.) Co Contract for Sale (Attachment B), has been negotiated between the City and . Following are the major provisions of the Contract. 1. Consideration for fee simple and air rights is $15,000. III. IV. Sale of the City's property right to will occur after has closed on the warehouse building and has gotten approval fi.om the Architectural Review Board for their project. will indemnify and hold harmless the City for any property damage or injury occurring as a result of the City's use of any structure by the City on the property. will provide $3 million in general liability, bodily harm insurance and property damage liability insurance coveting any and all claims arising out of the use to which the purchaser puts the air fights. Purchaser is responsible for the complete maintenance of any and all structures which are built within the air fights easement. If the structure located within the air rights at any time becomes unsafe, after proper notice fi.om the City, agrees to demolish and remove the structure at its own expense. ISSUES A. Timing. B. Economic Development. C. Historic Preservation. D. Ci_ty Council's Vision. ALTERNATIVES ho Authorize the Ci_ty Manager to execute the Contract for Sale of fee simple and air rights being a portion of Tax Map. No. 1010310 to . Timing is critical in order to allow to begin formal design and construction of the renovation project. DSC must be in their expanded new location by May 15, 1999. ° Economic Development program of the City will be advanced by the private sector investment of $1.5 million and the retention of 60 well-paying, high tech jobs downtown, and the creation of new jobs in the near future. Historic Preservation will be accomplished by the renovation of one of the oldest buildings on Historic Warehouse Row. This IV. project is expected to stimulate additional projects along Warehouse Row. City Council's Vision for downtown development, business growth and the Railside Linear Walkway will be realized. Bo Do not authorize the Ci_ty Manager to execute the Contract for Sale of fee simple and air rights being a portion of Tax Map. No. 1010310 to . 1. Timing is not an issue. 2. Economic Development of the City will not be advanced. o Historic Preservation of one of downtown's oldest buildings will not occur. 4. City Council's Vision will not be realized. RECOMMENDATION Authorize the City Manager to execute the Contract for Sale of fee simple and air rights being a portion of Tax Map. No. 1010310 to . Respectfully submitted, W. Robert Herbert City Manager WRH/EDC:kdc cc: Assistant City Manager City Attomey Director of Finance Director of Public Works Director of Utilities & Operations Manager, Management & Budget Chief, Economic Development