HomeMy WebLinkAboutCouncil Actions 10-07-98Harris
34025
CO
ROANOKE CITY CO UNCIL
ROANOKE CO UNTY
BOARD OF SUPER VISORS
October 7, 1998
12:l S p. rrr
SANCTUARY
CRISIS INTER VENTION CENTER
4350 Coyner Springs Road
Boteto urt County
AGENDA
CALL TO ORDER-- ROLL CALL.
Roanoke City Council
Roanoke County Board of Supervisors
WELCOME:
David A. Bowers, Mayor
City of Roanoke
INVOCATION AND LUNCH
0
OPENING REMARKS:
Mayor David A. Bowers
Chairman Bob L. Johnson
go
REQUESTS TO ADD TO OR CHANGE THE ORDER OF
THE AGENDA ITEMS:
F. DISCUSSION ITEMS:
Update on Project Impact (City of Roanoke).
Update on Joint Economic Development Department (Mr.
Hodge).
e
Discussion regarding Regional Public Safety Initiative (Mr.
Snead).
GO
4. Update on Skateboard Park (Mr. Hodge).
COMMENTS:
Members of Roanoke City Council
Members of the Roanoke County Board of Supervisors
RECESS:
At 1:18 p.m., the meeting was declared in recess until 2:00 p.m.,
in the City Council Chamber, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia.
ADJOURNMENT:
Board of Supervisors.
2
ROANOKE CITY CO UNCIL
REGULAR SESSION
October 7, 1998
2:00 p. n~
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order-- Roll Call. All Present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of AHegiance to the Flag of the United States of America was
led by Mayor Bowers.
Welcome. Mayor Bowers.
3
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, October 8, 1998,
at 7:00 p.m.
ANNOUNCEMENTS:
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.
PRESENTATIONS:
A Proclamation declaring the month of October 1998 as National Breast Cancer
Awareness Month.
File #3
A Proclamation declaring October 4 - 10, 1998 as Fire Prevention Week. /'
File #3-70
Ae
PUBLIC HEARINGS:
Public hearing to consider adoption of a resolution approving the issuance
by the City of its general obligation bond or bonds, in an amount not to
exceed $1,250,000, for the purpose of financing certain capital
improvements in connection with HuffLane Elementary School. Richard
L. Kelley, Assistant Superintendent of Operations, Roanoke City Public
Schools, Spokesperson.
Adopted Resolution No. 34025-100798. (7-0)
File #53-60-467
4
Be
Public hearing to consider adoption of a resolution approving the issuance
by the City of its general obligation bond or bonds, in an mount not to
exceed $5,200,000, for the purpose of financing certain capital
improvements in connection with Lucy Addison Middle School. Richard
L. Kelley, Assistant Superintendent of Operations, Roanoke City ?ublic
Schools, Spokesperson.
Adopted Resolution No. 34026-100798. (7-0)
File #53-60-467
0
CONSENT AGENDA
C-1
(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.
Minutes of the regular meetings of City Council held on Monday, July 6,
1998, and Monday, July 20, 1998; and the joint meeting of Roanoke City
Council and the Roanoke County Board of Supervisors held on Tuesday, July
14, 1998.
RECOMMENDED ACTION: Dispense with the reading thereof and approve
File #132 as recorded.
C-2
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions and
commltt~s appointed by Council, pursuant to Section 2.1-344 (A)(1), Code oft/
V/rg/n/a 0950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #132 Executive Session.
5
C-3
A report of the City Attorney requesting an Executive Session to discuss
a matter of actual litigation, specifically a matter pending in the Circuit Court for
the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #83-132 Executive Session.
C-4
A report of the City Attorney requesting an Executive Session to discuss
and consider a matter of actual litigation, specifically litigation related to health
insurance claims, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #83-132 Executive Session.
C-5
A communication from Mayor David A. Bowers recommending that the
City Manager engage a consultant to assess the economic impact of the routing
of Interstate 73.
C-6
C-7
RECOMMENDED ACTION: Refer the rna~er to the City Manager for review
File #77-405 and report to Council.
A report of the City Manager with regard to the status of hiring a
consultant to conduct a pay and benefits study.
Removed from the Consent Agenda for discussion. (See page 8)
Qualification of the following persons:
Thelma R. Holland as a member of the Cultural Services
Committee for a term ending June 30, 1999;
File #15-110-394
E. Duane Howard as a member of the Fair Housing Board
for a term ending March 31, 2001;
File #15-110-178
Anita J. Price as a member of the Advisory Board of Human
Development for a term ending November 30, 2001;
File #15-110-318
Will Trinkle as a member of the Roanoke Arts Commission
for a term ending June 30, 2001; and
File #15-110-230
Robert H. Bird as Municipal Auditor; Wflbum C. Dibling,
Jr., as City Attorney; James D. Grisso as Director of
Finance; and Mary F. Parker as City Clerk for the City of
Roanoke for terms of two years, each, commencing October
1, 1998 and ending September 30, 2000.
File #1-15-38-83-280
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
ao
Request to address Council with regard to the routing of Interstate 73.
Dr. A. N. Feldzamen. (5 minutes)
The matter was referred to the City Manager for review and report
to Council.
File #77
7
0
PETITIONS AND COMMUNICATIONS:
C-6 A report of the City Manager with regard to the status of hiring a
consultant to conduct a pay and benefits study.
Received and filed. (Council Member Wyatt voted no.)
.a.
Remarks of Council Member James O. Trout expressing concerns and a
recommendation on the following items: (1) a $.02 reduction in the real
estate tax rate; (2) increase the pension multiplier fi.om 2% to 2.1%; (3)
provide a permanent cost-of-living (C.O.L.A.) raise for City retirees; and
(4) support for the pay and benefits study for City employees.
5.b.1.
A joint report of the Director of Finance and the City Manager with
regard to the actuarial summary of the City of Roanoke Pension Plan as
of June 30, 1998, and the estimated actuarial cost of enhancements.
The pension multiplier was increased from 2% to 2.1%, effective
January 1, 1999. (5-2) (Council Members Swain and White voted
no.)
File #18-60-184-405-429
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
A report with regard to recommended expenditures to address
critical Capital Maintenance and Equipment Replacement needs.
(15 minutes)
Received and fried.
File #60-217-472
8
ITEMS RECOMMENDRD FOR ACTION:
A report recommending appropriation of $50,000.00/n connection
with an architectural/engineering contract for the Williamson Road
Corridor Study.
Adopted Ordinance No.
34028-100798. (7-0)
File #60-342-405
3402%100798 and Resolution No.
A report recommending execution of an agreement permitting the
Department of Parks and Recreation to operate a public fitness
center within specified areas of Woodrow Wilson Middle School,
and authorizing the City Manager to establish user fees for said
facility.
Adopted Resolution No. 34029-100798. (7-0)
File #67-467
A report recommending property rights acquisition for 6.5 acres of
land located in Westview Terrace fi.om Habitat for Humanity; and
transfer of funds in connection therewith.
Adopted Ordinance Nos. 34030-100798 and 34031-100798.
(7-0)
File #2-399
A report recommending authorization to apply for $262,500.00 in
funding through the Department of Crimino! Justice Bryne Program
for a Police Records Management Grant.
Adopted Resolution No. 34032-100798. (7-0)
File #5-60-236
9
A report recommending authorization to apply for $24,800.00 in
funding through the Department of Criminal Justice Bryne Program
for a Pohce Incident Based Reporting Grant.
Adopted Resolution No. 34033-100798. (7-0)
File #5-60-236
A report recommending acceptance of a grant, in the amount of
$106,606.00, fi.om the United States Department of Health and
Human Services to administer the Sanctuary Outreach Program for
runaway and homeless children at the Crisis Intervention Center;
and appropriation of funds in connection therewith.
Adopted Ordinance No. 34034-100798 and Resolution No.
34035-100798. (7-0)
File #60-72-304
b. DIRECTOR OF FINANCE:
A report of the Director of Finance with regard to the results of the
transfer option for City employees fi.om the Employees' Retirement
System to the Employees' Supplemental Retirement System.
Received and filed.
File #429
A report recommending appropriation of funds and adjustment of
the revenue estimate for the Roanoke Higher Education Authority.
Adopted Ordinance No. 34036-100798. (7-0)
File #60-414-467
A financial report for the month of August, 1998.
Received and ~ed.
File #10
l0
6. REPORTS OF COMMITTEES:
Re
A report of the Water Resources Committee recommending
encroachment of a 5,000 sq. ff. commercial building over an existing
sewer line and easement located on property commonly known as 4803
Williamson Road, N. W. Council Member Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 34037 on first reading. (7-0)
File #27-28-468
A report of the Water Resources Committee recommending encroachment
of a two-story residential building over existing sewer lines and easements
located on property commonly knOwn as 218 Twenty-third Street,
S.W. Council Member Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 34038 on first reading. (7-0)
File #27-28-468
A report of the Water Resources Committee recommending release of a
portion of Strauss Park from its dedication to public park and recreational
use, and dedicating portions of the property as public right-of-way in
connection with the Peters Creek Road Extension project. Council
Member Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 34039 on first reading. (7-0)
File 067-468
de
A report of the Water Resources Committee recommending execution of
an agreement with Crystal Tower Building Corporation for the lease of
office space within the Crystal Tower Building to house the staff of
Managed Health Services, Inc. Council Member Linda F. Wyatt,
Chairperson.
Adopted Ordinance No. 34040-100798. (7-0)
File 072-304-373-468
A report of the Water Resources Committee recommending that the City
Nursing Home structure at Coyner Springs be declared as surplus
property and provid/ng for its demolition. Council Member Linda F.
Wyatt, Chairperson.
Adopted Ordinance No. 34041 on first reading. (7-0)
File #44-468
A report of the Water Resources Committee recommending acquisition
of certain property rights needed by the City for the Lafayette/Cove Road,
N. W., sidewalk project; and appropriation of funds in connection
therewith. Council Member Linda F. Wyatt, Chairperson.
Adopted Ordinance Nos. 34042-100798 and 34043-100798. (7-0)
File #20-57-60-468
A report of the Water Resources Committee recommending execution of
the appropriate document granting an easement across City-owned
property to Bell Atlantic-Virginia, Inc., for the Brambleton Avenue Bridge
Replacement Project. Council Member Linda F. Wyatt, Chairperson.
Concurred in the recommendation to schedule a public hearing for
Monday, October 19, 1998, at 7:00 p.m.
File #28-102-386-468
A report of the Water Resources Committee recommending establishment
of a late payment penalty for unpaid water and sewer bills. Council
Member Linda F. Wyatt, Chairperson.
Adopted Ordinance Nos. 34044 and 34045 on first reading. (7-0)
File 027-468
7. UNFINISHED BUSINESS: None.
12
Se
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
A Resolution changing the place of commencement of the regular meeting
of City Council scheduled to be held at 12:15 p.m., on Monday, October
19, 1998.
Adopted Resolution No. 34046-100798. (7-0)
File #132
A Resolution changing the place of commencement of the regular meeting
of City Council scheduled to be held at 12:15 p.m., on Monday,
December 7, 1998.
Adopted Resolution No. 34047-100798. (7-0)
File #1;32
A Resolution designating a Voting Delegate and Alternate Voting
Delegate for the/~nnual Business Meeting of the National League of
Cities.
Adopted Resolution No. 34048-100798. (7-0)
File #132-228
9. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Hudson commended emergency services staff who
responded to a fire at Community Hospital on Monday, October 5.
File #188-324
13
Council Member Swain expressed concern with regard to notification
of and attendance by citizens at public hearings conducted by
Council He requested that a wider range of notification be provided
for future public hearings; i.e.: newspaper, RVTV Channel 3, local
magazines, and area church bulletins/announcements.
File 051-132-514
Vice-Mayor Harris called attention to a presentation by the City
Manager and others at a meeting of the Commission on the Future
of Virginia Cities on October 6 in which the City Manager outlined
certain ways that the Commonwealth of Virginia could provide cities
with more authority to address neighborhood concerns. He
requested that the City Manager prepare pertinent information to be
included in the City's 1999 Legislative Program.
File #137-165
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHER HEARING OF CITIZENS UPON PUBLIC
MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
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: (6-0) (Council Member
Wyatt left the meeting immediately following the Executive Session.)
Adopted Resolution No. 34049-100798 assigning any and all claims and
causes of action the City of Roanoke may have against Hayes, Seay,
Mattern & Mattern, Inc., to the Hotel Roanoke Conference Center
Commission. (6-0)
File #25.247-258
Council authorized the City to participate in the litigation brought againat
certain tobacco defendants by Trigon Blue Cross Blue Shield in the United
States District Court for the Eastern District of New York; Trigon is
directed to take any and all action it deems appropriate with respect to such
litigation on behalf of the City, including but not limited to, the negotiation
of any settlements and the granting of any and all releases necessary
thereto; the City agrees to indemnify and hold harmless Trigon and its
affiliates from any claims related to the City's Health Insurance Plan, such
litigation, and any settlement or distribution of settlement.
Council further authorized the City Attorney to take any action, including
the assignment of claims to Trigon, which he deems necessary and
appropriate to implement the action of Council.
File #25.501
David Davis was appointed as a member of the Special Events Committee
for a term ending June 30, 1999.
File #15-110-317
Kevin A. Deck and Robert B. Manetta were reappointed as members of the
Architectural Review Board for terms ending October 1, 2002.
File #15-110-249
Phillip F. Sparks was appointed as a City representative to the First
Virginia Regional Industrial Facility Authority.
File #15-526
CITY OF ROANOKE
Given under our hands and the Seal of the City of Roanoke this seventh day of
October nineteen hundred and ninety-eight.
during 1998, more than 180, 000 women in the United States will
learn that they have breast cancer and more than 40, 000 women will
lose their Hves, including 1,100 in the Commonwealth of Virginia,.
and
early detection, using mammography screening, and prompt
treatment can significantly reduce the suffering and deaths caused by
this disease; and
WHEREAS,
the first National Mammography Day was proclaimed by President
Bill Clinton on October 19, 1992, to be hem on the third Friday of
each October as part of the National Breast Cancer Awareness
Month program to encourage women to take part in regular and
routine mammography screening; and
WHEREAS,
the National Breast Cancer Awareness Month program is dedicated
to increasing public knowledge about the importance of the early
detection of breast cancer.
NO~,
THEREFORE, I, David ,4. Bowers, Mayor of the City of Roanoke,
Virginia, do herebyproclaim October 16, 1998, as National Mammography
Day and the entire month of October, throughout this great All-America City,
as
NATIONAL BREAST ~CANCER AWARENESS MONTH.
ATTEST..
Mary F. Parker
City Clerk
David A. Bowers
Mayor
Given under our hands and the Seal of the City of Roanoke this twenty-ninth day of
September nineteen hundred and ninety-eight.
Yr'HEREAS,
smoke and poisonous gases are the leading causes of death in fires
and underestimating the power of fire and the escape time could cost
a life; and
ItqtERE~S,
developing a home escape plan, which includes all household
members knowing two ways out of each room, having an outdoor
location in front of the home to meet, memorizing the local fire
department emergency telephone number, and practicing the home
escape plan at least twice a year is critical to safely escaping afire;
and
}FHEREAS,
the 1998 Fire Prevention Week theme -- "Fire Drills: The Great
Escape ! "-- emphasizes the importance of having a home escape plan
and practicing it regularly; and
tVtlE~,
the Roanoke City Fire/EMS and the American Red Cross are
dedicated to the safety of life and property from the devabtating
effects off ire and join with citizens of the City of Roanoke,
businesses, schools, service clubs and other organizations in their
fire safety efforts.
NOY?,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, call upon all persons to participate in fire prevention activities at
home, work and school, and to execute "The Great Escape" to ensure their
safety and the safety of their families in the event of fire, and do hereby
proclaim October 4- 10, 1998, throughout this great.dH-America City, as
FIRE PREVENTION }FEEK.
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
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
October 12, 1998
File #53-60-467
SANDRA H. EAKIN
Deputy City Clerk
Marsha W. Ellison, Chair
Roanoke City School Board
2130 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 34025-100798 authorizing the issuance of not to
exceed $1,250,000 General Obligation School Bonds of the City of Roanoke, Virginia,
Series 1998-~ to be sold to the Virginia Public School Authority and providing for the form
and details thereof. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Wednesday, October 7, 1998.
Sincerely, P~I~,~.4.,,--
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public
Schools
William X Parsons, Assistant City Attorney
c:~:)c'r~,wPo
Mary F. Parker, CMCIAAE
c~ c~r~
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
File ~53-60-467
8andre H. Eakin
~eputy cay Ck, rk
William X Parsons
Assistant City Attorney
Roanoke, Virginia
Dear X:
Pursuant to Resolution Nos. 34025-100798 and 34026-100798, item 13, I am attaching
certified copies of the abovede~crJbed measures for filing with the Circuit Court of the City
of Roanoke.
MFP:Io
Attachment
Sincerely,
Mary F. Pa~r, CMCIAAE
City Clerk
[Huff Lane]
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
THE 7TH DAY OF OCTOBER, 1998.
No. 34025-100798.
RESOLIYrlON AU~ORIZING TItE ISSUANCE OF NOT TO EXCEED
$1,250,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1998-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, in March, 1998, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City
of Roanoke, Virginia (the "School Board"), for a loan of $1,250,000 (the "Literary Fund Loan")
from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the
"Literary Fund"), for the construction, renovation~ and expansion of school buildings (the
"Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board
(the "Commitment") within one (1) year of placement of the Application on the First Priority
Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal
to the amount of the Application and the approval, by the Board of Education, of the Application
as having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as co~on or renovation
of the Project pwgressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHF.~, after the completion of the Project and the advance of the total amount of
the Commitment, the Temporary Notes were to have been consolidated into a permanent loan
note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to
evidence the obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%)
per annum and mature in annual installments for a period of twenty (20) years;
WI-~~, in connection with the 1998 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
school bonds of the County, and the Board of Education has offered to pay, to the County, a
lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present
RKFJ 0555133.W~0
C/M: 077826-00018-01
value difference, determined on the date on which the VPSA sells its bonds, between the
weighted average interest rate that the general obligation school bonds of the County will bear
upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne
plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense
Allowance");
WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"),
has determined that it is necessary and expedient to borrow not to exceed $1,250,000 and to issue
its general obligation school bonds for the purpose of financing certain capital projects for school
purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 7, 1998, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinaf~ defined);
NOW, TI~I~R~I~ORE, BE IT RESOLVED BY TI~ COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorimtion of Bonds and Use of proceed,. The Council hereby determines that
it is advisable to contnmt a debt and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $1,250,000 (the "Bonds") for the purpose of financing
certain capital projects for school purpo~ The Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell
to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The
Mayor, the City Manager, and such officer or officers of the City as either may designate are
hereby authorized and directed to enter into a Bond Sale Agreement da,t;d as of October 9, 1998,
with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form
submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale
Agreement").
3. l)ets~ of the Bond~. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 1998-B'; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 be~nning July 15, 1999 (each an "Interest
Payment Date"), at the rates establi~ed in accordance with Section 4 of this Resolution; and shall
mature on. July 15 in the years (each a "Principal Payment Date") and in the amounts set forth
on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section
4 of this Resolution.
RKFJ 0555133.WP0
~ 07782~.00018.01 2
4. Interest Rates and Principal In.qtallments The City Manager is hereby authorized
and directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid
by the VPSA for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided fm~er, that the true interest cost of the Bonds does not exceed eight percent
(8%) per annum. The Interest Payment Dates and the Principal Installments are subject to change
at the request of the VPSA. The City Manager is hereby authorized and directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized
by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof
shall conclusively evidence such interest rates established by the VPSA and Interest Payment
Dates and the Principal Installments requested by the VPSA as having been so accepted as
authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
type~tten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Pavint A~ent and Bond Registrar. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available
funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal
Payment Date, or if such a_~e is not a business day for Virginia banks or for the Commonwealth
of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest
Payment Date or Principal Payment Date.
Co) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Richmond, Vir~i~'nia, is desi~t,-d as Bond Registrar and Paying Agent
for the Bonds.
7. No Redem_Dtion or Preoavment. The Principal Installments of the Bonds shall not
be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the
City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA
or thc registered owner of the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy
Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix
the seal of the City thereto.
9. Pledte of Furl Faith and Credit. For the prompt payment of the principal of and
RKFJ 0555133.WP0
C/M: 07782600018-.01
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall
be outstanding there shall be levied and collected in accordance with law an annual ad valorem
tax upon all taxable property in the City subject to local taxation sufficient in amount to provide
for the payment of the principal of and premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which tax shall be without limitation
as to rate or amount and in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrag¢~ The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized
and directed to execute a Certifi~ as to Arbitrage and a Use of Proceeds Certificate each setting
forth the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided
below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and
sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage
and such Use of Proceeds Certificate and that the City shall comply with the other covenants and
representations contained therein and (ii) the City shall comply with the provisions of the Code
so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income
for Federal income tax purposes.
11. State Non-Arbitra~e Pro_m~_m~ Proceeds A~m'eemen~t. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the
City Manager and such officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit
and investment of proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the
form submitted to the Council at this meeting, which form is hereby approved.
12. Continuinn Disclosure Am, eeme~t~ The Mayor, the City Manager and such officer
or officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement,
setting forth the reports and notices to be filed by the City and containing such covenants as may
be necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12.
13. Filin_~ of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the City.
14. Further Actions. The members of the Council and ali officers, employees and
RKE~ 0555133.WPD
C/Id: 077826-00018-01 4
agents of the City are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Bonds and any
such action previously taken is hereby ratified and confirmed.
1 S. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract fi~m the minutes of a meeting of the Council held
on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting
and that, during the consideration of tho foregoing resolution, a quorum was present, and (b) that
the attendance of the members and voting on the foregoing resolution was as follows:
Presen~ Abseng.. · A_v~ Nay Abstain
David A. Bowers, Mayor x
C. Nelson Harris, Vice x
Mayor
W. Alvin Hudson, Sr. x
Carroll E. Swain X
James O. Trout x
William White, Sr. X
Lynda F. Wyatt x
x
x
x
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 1998.
day of
Clerk, City of Roanoke
[SEAL]
RKF. J 05551
C~M: 077826-00018.41
EXFImIT A
(FORM OF TEMPORARY BOND)
NO. TS-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 1998-B
The CITY OF ROANOKE, VIRGINIA .(the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
ALrrHORITY the principal amount of DO~.~.ARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and
annually on July 15 thereaflm' to and including July 15, 2018 (each a "Principal Payment Date"),
together with interest ~om the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 1:5, 1999 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in
lawful money of the United States of America.
For as long as the Vir~'nia Public School Authority is the registered owner of this Bond,
· Crestar Bank, Richmond, V'uginia, as bond registrar (the "Bond Registrar'), shall make all payments
of principal, pmxnium, ffany, and interest on this Bond, without the presentation or surrender hereof,
RKEzN)SE5168.WPO
C,'M: 077826430017-01
to the Virginia Public School Authority, in immediately available funds at or before I 1:00 a.m. on
the applicable Payment Date. If a Payment Date is not a business day for banks in the
Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal,
premium, if any, or interest on this Bond shall be made in immediately available funds at or before
11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the
registered owner of this Bond of said payments of principal, premium, if any, and interest, written
acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City
shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon
final payment, this Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment oftbe principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 1:5.2-2624, Code of V~inia 19:50, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property
in the City subject to local taxation sufficient to provide for the payment of the principal, premium,
if any, and interest on this Bond as the same shall become due, which tax shall be without.limitation
as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to
the extent other funds of the City are not lawfully available and appropriated for such purpose.
This Bond is duly ~ and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth of Vil_'~i_'nia, including the Public Finance Act of 1991, Chapter 26,
Title 1:5.2, Code of Virginia 19:50, as amended, and resolutions duly adopted by the Council and the
School Board of the City to provide funds for capital projects for school purposes.
RKEf~516~.VV~O
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This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
two or more temporary bends or definitive bonds in fully registered form in denominations of $5,000
and whole multiples thereof, and, in any case, having an equal aggregate principal amount having
maturities and bearing interest at rates corresponding to the maturities of and the interest rates on
the installments of principal of this Bond then unpaid. This Bond is registered in the name of the
Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the
transfer of this Bond may be effected by the registered owner of this Bond only upon due execution
of an assignment by such registered owner. Upon receipt of such assignment and the surrender of
this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove
provided, such definitive Bonds to be registered on such registration books in the name of the
assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed
by the Constitution and laws of the Commonwealth of Virginia.
RKE#O555168.WPO
c.~: orts~,~oo~?.o~ A-3
IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia has caused this
Bond to be issued in the name of the City of Roanoke, Vil'~nia, to be signed by its Mayor or Vice-
Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy
Clerks, and this Bond to be dated ,1998.
CITY OF ROANOKE, VIRGINIA
(SEAL)
ATTEST:
Clerk, City of Roanoke, Virginia
Mayor, City of Roanoke, Virgi~'nia
RKFJ/O$5~16~.WPO
C~ 077826-00017-01 A-4
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRt'IE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for definitive
bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the
books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" without alteration or change)
meeting the requirements of the Bond
Registrm' which requirements will include
(NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears
on the front of this Bond in every particular)
Membership or participation in STAMP or such other
"signature guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
RKE/K)555168.WPD
SCHEDULE I
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 9, 1998
[Huff Lane]
Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia
Sale Date: Not earlier than October 26, nor later than November 12, 1998
Closing Date: On or about November 19, 1998
Principal Amount (Not to Exceed): $1,250,000
Amortization Period: Up to Twenty (20) Years
1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general
obligation school bonds at a price of par in an amount not to exceed the Principal Amount
set forth above (as authorized by your bond resolution) from the proceeds of the VPSA's
bonds, the sale of which is scheduled to take place on the Sale Date.
You represent that on or before October 9, 1998, your local governing body will have duly
authorized the issuance of your bonds by adopting a resolution in the form attached hereto
as Appendix B (the "local resolution") and that your bonds will be in the form set forth in
the local resolution. Any changes that you or your counsel wish to make to the form of the
local resolution and/or your bonds must be approved by the VPSA prior to adoption of the
local resolution by your local governing body.
You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which
agreement is hereby incorporated by reference herein and expressly made a part hereof for
all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of
the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose
local school bonds pledged under VPSA's 1997 Resolution compromise more than 10% of
the total principal amount of the pool of all such local school bonds. MOP status will be
determined by adding to the principal amount of your local school bonds to be sold to the
VPSA and the principal amount of your local bonds previously sold to the VPSA and
currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the
face value of all local school bonds pledged under VPSA's 1997 Resolution. If you are a
MOP, the VPSA may require that you file all the information described in the following
paragraph prior to VPSA's mailing its Preliminary Official Statement, currently scheduled
October 9, 1998.
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You acknowledge that if you are a MOP following the issuance of your local school bonds
that are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference
in its Preliminary Official Statement and final Official Statement the information respecting
you ("Your Information") that is on file with the Nationally Recognized Municipal Securities
Information Repositories ("NRMSIRs") and the Municipal Securities Rulemaking Board
("MSRB"). Accordingly, if it appears that you will be a MOP following the delivery of your
local school bonds to the VPSA in connection with this sale, you hereby represent and
covenant to the VPSA that you will file such additional information, if any, as is required
so that Your Information, as of each of (i) the date of the VPSA's Preliminary Official
Statement (expected to be October 9, 1998), (ii) the date of sale of the VPSA's final Official
Statement (expected to be October 28, 1998) and (iii) the date of delivery of VPSA's bonds
(expected to be November 19, 1998), will be tree and correci and will not contain any untrue
statement of a material fact or omit to state a material fact which should be included in Your
Information for the purpose for which it has been filed or which is necessary to make the
statements contained in such information, in light of the circumstances under which they
were made, not misleading. You further agree to furnish to the VPSA a copy of all filings
you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such
copy will be furnished to the VPSA on the same day that any such filing is made.
Whether you are or are not initially a MOP, the VPSA will advise you by September 1 of
each year as to whether you were a MOP as of the end of the preceding fiscal year and will
also advise you of your status as a MOP as of any other date upon your written request.
VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms
and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution
(see Appendix B attached hereto) and the school board resolution (see Appendix E attached
hereto), (c) an executed agreement, among VPSA, you and the other local units
simultaneously selling their bonds to VPSA, Wachovia Bank, N.A. and Mentor Investment
Advisors, LLC, the depository and the investment manager, respectively, for the State Non-
Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the
proceeds of your bonds and the other general obligation school bonds, and the payment by
you and the other local units of the allocable, associated costs of compliance with the
Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your
participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of
Proceeds Certificate in the form attached hereto as Appendix C, (e) if you will be a MOP
on the date of delivery of your local school bonds, your certificate dated the date of the
delivery of the VPSA's bonds to the effect that Your Information was as of the date of the
VPSA's Preliminary and final Official Statements, and is as of the date of the certificate, true
and correct and did not and does not contain an untrue statement of a material fact or omit
to state a material fact which should be included in Your Information for the purpose for
which it has been filed or which is necessary to make the statements contained in such
information, in light of the circumstances under which they were made, not misleading, (f)
an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the
validity of the bonds and the exclusion from gross income for federal and Virginia income
RKE#0555188.WPD
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o
tax purposes of the interest on your bonds, the conformity of the terms and provisions of
your bonds to the requirements of this Bond Sale Agreement including the appendices
attached hereto, and the due authorization, execution and delivery of this Bond Sale
Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity
of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the
other customary closing documents not listed above, (h) the proceeds of VPSA's bonds (ii)
if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate
of participation or other form of interim financing (the "Interim Security") receipt by VPSA
of (A) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will
be defeased according to the provisions of the instrument authorizing the Interim Security
or that cash and/or the maturing principal and interest on securities will be sufficient to pay
the principal, interest and any redemption premium on the Interim Security have been
irrevocably placed in escrow for the benefit of the holder(s) of the Interim Security and (B)
an executed copy of the escrow deposit agreement/letter of instruction providing for the
retirement of the Interim Security and (iii) your compliance with the terms of this agreement.
Two complete transcripts (one original) of the documents listed above shall be provided by
your counsel to the VPSA on the Closing Date or, with VPSA's permission, as soon as
practicable thereafter but in no event more than thirty (30) business days after the Closing
Date.
This Bond Sale Agreement shall take effect on October 9, 1998.
Virginia Public School Authority
By:.
Authorized VPSA Representative
City of Roanoke, Virginia
By:
Name:
Title:
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(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire
attached hereto as Appendix D, no later than close of business on October 9, 1998 to Richard
A. Davis, Debt Manager, Virginia Public School Authority, [by mail] P. O. Box 1879,
Richmond, Virginia 23218-1879 or [by hand or courier service] James Monroe Building- 3rd
Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body or bond counsel
requires more than one originally signed Bond Sale Agreement, please send the appropriate number;
all but one will be returned at closing.
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APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
[Huff Lane]
Described below are terms of the local school bonds which must be embodied in your bond
resolution and bond form and other conditions which must be met in order for VPSA to purchase
your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless
and until such terms are present in the related bond resolution and bond form adopted by your
governing body and such conditions are met.
Interest and Principal Payment.q
Your bonds will bear interest from the Closing Date~ set forth in the Bond Sale Agreement
and will mature on July 15 of the years and in the amounts as established by VPSA. Your
bonds will bear interest payable in installments due semiannually on January 15 and July 15.
The first interest installment will be payable on July 15, 1999 and the first principal
installment will be payable on July 15, 1999. Your bonds will bear interest at rates 10 basis
points (0.10%) above the actual rates on VPSA's bonds with corresponding principal payment
dates.
Payment
For so long as the VPSA is the registered owner of your bonds,
If VPSA does not purchase your local school bonds on the Closing Date due to your
fault, VPSA will invest, in demand or overnight investments, the amount of its
bond proceeds to be used to purchase your local school bonds. If you cure your
failure to deliver your local school bonds within the sixty (60) day period
following the Closing Date, the VPSA will purchase your local school bonds and
your bonds will bear interest from the date of delivery and payment or other
date satisfactory to the VPSA. You will, however, be required to pay to VPSA
an amount equal to the positive difference, if any, between the amount of
interest that wouM have accrued on your local school bonds from the Closing
Date to your actual closing date and the amount of interest income VPSA was
able to earn, during such period, from the investment of its bond proceeds
pending their use to purchase your bonds.
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(i)
the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
(ii)
all payments of principal, premium, if any, and interest shall be made in funds that
shall be immediately available to the VPSA on or before 11:00 A.M. on the
applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before 11:00 A.M. on the business day preceding such
scheduled due date. Overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rates on your bonds.
Prepayment or Redemption
The principal installments of the Bonds are not subject to redemption or prepayment.
Security
Your bonds must constitute valid and binding general obligations for the payment of which
the full faith and credit of the local unit are irrevocably pledged, and all taxable property
within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over
and above all other taxes and without limitation as to rate or amount, for the payment of the
principal of, and premium, if any, and interest on the bonds to the extent other funds of the
local unit are not lawfully available and appropriated for such purpose.
Tax Matters
You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement no later than the close of
business on October 9, 1998 to Richard A. Davis, Virginia Public School Authority, P.O.
Box 1879, Richmond, Virginia 23218-1879. If delivered by hand to, Richard A. Davis,
Debt Manager, Virginia Public School Authority, James Monroe Building- 3rd Floor, 101
N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds
Certificate in the form provided in Appendix C attached to the Bond Sale Agreement for
receipt by the VPSA at least three business days prior to the Closing Date.2
VPSA requires that the Use of Proceeds Certificate be executed separately from the tax
certificates prepared by your bond counsel. Your bond counsel may also prepare one
or more tax certificates that contain some information found in the Use of Proceeds
Certificate in addition to information such as your reasonable expectations as to
meeting the requirements to any of the rebate exceptions.
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No Composite Issue
You will covenant not to sell or deliver, without VPSA's consent, any general obligation
bonds which are part of the same common plan of financing (and payable from the same
source of funds) as your local school bonds, beginning, in the case of a sale, 15 days in
advance of and ending 15 days after the Sale Date.
Public Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the
goveming body must hold a public hearing on the proposed issue unless the issuance of such
bonds has been approved at referendum. The notice of the hearing, meeting the requirements
of Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for
2 successive weeks (notices at least 7 days apart) in a newspaper published or having general
circulation in your locality. The public hearing may not be held less than 6 nor more than 21
days after the date the second notice appears in the newspaper.
Delivery
VPSA will accept delivery of your bonds only in the form of a single, typewritten, temporary
bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A
to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from
VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, on one
or more occasions, one or more temporary bonds or definitive bonds in marketable form and,
in any case, in fully registered form in denominations of $5,000 and whole multiples thereof,
and having an equal aggregate principal amount, as requested by VPSA.
Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your locality's
Comprehensive Annual Financial Report CCAFR") or annual audited financial statements to
the rating agencies referenced below:
Moody's Investors Service
Public Finance Department
Attention: Rachel E. Speltz
99 Church Street
New York, New York 10007
Fitch IBCA
Governmental Finance
Attention: Claire G. Cohen
One State Street Plaza
New York, New York 10004
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C/M: 077826-00017-01 A-3
APPENDIX B
to the Bond Sale Agreement
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
THE 7TH DAY OF OCTOBER, 1998
[Huff Lane]
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$1,250,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1998-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, in March, 1998, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City
of Roanoke, Virginia (the "School Board"), for a loan of $1,250,000 (the "Literary Fund Loan")
from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the
"Literary Fund"), for the construction, renovation and expansion of school buildings (the
"Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board
(the "Commitment") within one (1) year of placement of the Application on the First Priority
Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal
to the amount of the Application and the approval, by the Board of Education, of the Application
as having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was therea~er to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of
the Commitment, the Temporary Notes were to have been consolidated into a permanent loan
note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to
evidence the obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%)
per annum and mature in annual installments for a period of twenty (20) years;
WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
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school bonds of the County, and the Board of Education has offered to pay, to the County, a
lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present
value difference, determined on the date on which the VPSA sells its bonds, between the
weighted average interest rate that the general obligation school bonds of the County will bear
upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne
plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense
Allowance");
WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"),
has determined that it is necessary and expedient to borrow not to exceed $1,250,000 and to issue
its general obligation school bonds for the purpose of financing certain capital projects for school
purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 7, 1998, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter defined);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceed.q. The Council hereby determines that
it is advisable to contract a debt and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $1,250,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. The Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell
to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The
Mayor, the City Manager, and such officer or officers of the City as either may designate are
hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 9, 1998,
with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form
submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale
Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 1998-B"; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 beginning July 15, 1999 (each an "Interest
Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall
mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth
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on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section
4 of this Resolution.
4. Interest Rates and Principal ln.qtallments. The City Manager is hereby authorized
and directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid
by the VPSA for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided further, that the hue interest cost of the Bonds does not exceed eight percent
(8%) per annum. The Interest Payment Dates and the Principal Installments are subject to change
at the request of the VPSA. The City Manager is hereby authorized and directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized
by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof
shall conclusively evidence such interest rates established by the VPSA and Interest Payment
Dates and the Principal Installments requested by the VPSA as having been so accepted as
authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paving Aeent and Bond Re_~istrar. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available
funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal
Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth
of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest
Payment Date or Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not
be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the
City, not to refund or refinance the Bonds without f'u~t obtaining the written consent of the VPSA
or the registered owner of the Bonds.
8. Execution of the Bond~. The Mayor or Vice Mayor and the Clerk or any Deputy
Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix
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the seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall
be outstanding there shall be levied and collected in accordance with law an annual ad valorem
tax upon all taxable property in the City subject to local taxation sufficient in amount to provide
for the payment of the principal of and premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which tax shall be without limitation
as to rate or amount and in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized
and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting
forth the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided
below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and
sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage
and such Use of Proceeds Certificate and that the City shall comply with the other covenants and
representations contained therein and (ii) the City shall comply with the provisions of the Code
so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income
for Federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement, The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the
City Manager and such officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit
and investment of proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the
form submitted to the Council at this meeting, which form is hereby approved.
12. Continuing Disclosure A~reement. The Mayor, the City Manager and such officer
or officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement,
setting forth the reports and notices to be filed by the City and containing such covenants as may
be necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12.
13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
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Court of the City.
14. Further Actions. The members of the Council and all officers, employees and
agents of thc City are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Bonds and any
such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract from the minutes of a meeting of the Council held
on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify (a) that such meeting was [ regularly scheduled meeting
and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that
the attendance of the members and voting on the foregoing resolution was as follows:
Present Absent Aye Nay Abstain
David A. Bowers, Mayor
C. Nelson Harris, Vice
Mayor
W. Alvin Hudson, Jr.
Carroll E. Swain
James O. Trout
William White, Sr.
Lynda F. Wyatt
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this __
October, 1998.
day of
Clerk, City of Roanoke
[SEAL]
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NO. TS-1
EXHIBIT A
(FORM OF TEMPORARY BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 1998-B
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and
annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 1999 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in
lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments
of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof,
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to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on
the applicable Payment Date. If a Payment Date is not a business day for banks in the
Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal,
premimn, if any, or interest on this Bond shall be made in immediately available funds at or before
11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the
registered owner of this Bond of said payments of principal, premium, if any, and interest, written
acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City
shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon
final payment, this Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property
in the City subject to local taxation sufficient to provide for the payment of the principal, premium,
if any, and interest on this Bond as the same shall become due, which tax shall be without limitation
as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to
the extent other funds of the City are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the Council and the
School Board of the City to provide funds for capital projects for school purposes.
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This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000
and whole multiples thereof, and, in any case, having an equal aggregate principal amount having
maturities and bearing interest at rates corresponding to the maturities of and the interest rates on
the installments of principal of this Bond then unpaid. This Bond is registered in the name of the
Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the
transfer of this Bond may be effected by the registered owner of this Bond only upon due execution
of an assignment by such registered owner. Upon receipt of such assignment and the surrender of
this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove
provided, such definitive Bonds to be registered on such registration books in the name of the
assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed
by the Constitution and laws of the Commonwealth of Virginia.
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IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia has caused this
Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-
Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy
Clerks, and this Bond to be dated ,1998.
CITY OF ROANOKE, VIRGINIA
(SEAL)
ATTEST:
Clerk, City of Roanoke, Virginia
Mayor, City of Roanoke, Virginia
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attomey to exchange said Bond for definitive
bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the
books kept for registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" without alteration or change)
meeting the requirements of the Bond
Registrar which requirements will include
(NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears
on the fi:ont of this Bond in every particular)
Membership or participation in STAMP or such other
"signature guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
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SC1~EDULE I
§ g °° o° o° g g g o° g g o° g g o° o° o°o o o ~ g
' O' ~' ~' ~' O' ~' ~' ~' O' O' ~' O' O' O' ~' ~' O' O' O' ~o o o o o o o o o o o o o o o o o o o
· . ~ · ~ - ~ · ~ - ~ -
oo~ooooo~ooo~ooooo~ooo~o~ooo~ooooooooooo
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
The $ General Obligation School Bonds, Series 1998-_ (the "Bonds"),
issued by the City of Roanoke, Virginia (the "Issuer") will be purchased by the Virginia Public
School Authority CVPSA'') from the proceeds of the VPSA's $ School Financing
Bonds (1997 Resolution), Series 1998 B (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement
dated as of October 9, 1998. The proceeds of the Bonds will be used to acquire, construct and equip
public school facilities owned and/or operated by the school board for the Issuer (the "School
Board"). The Issuer and the School Board each recognize that certain facts, estimates and
representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the
issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer
and the School Board and that the exclusion from gross income for federal income tax purposes of
the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's
Bonds. Accordingly, the Issuer and the School Board hereby covenant that:
Section 1. Description of Project. The proceeds of the Bonds, including investment
income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of
public school facilities of the Issuer (the "Project").
Section 2. Governmental Use of Proceeds. The Issuer and the School Board covenant
the following with respect to the use of proceeds of the Bonds and the facilities financed or
refinanced therewith:
(a) In General.
(i) Private Business Use. No more than ten percent (10%) of the proceeds of the Bonds
or the Project (based on the greatest of: (A) the cost allocated on the basis of space occupied,
(B) the fair market value, or (C) the actual cost of construction) has been or, so long as the
Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private
Use" (as such term is defined below in subsection (d) of this Section 2).
(ii) Private Security or Payment. No more than ten percent (10%) of the principal of or
interest on the Bonds, under the terms thereof or any underlying arrangement, has been, or, so
long as the Bonds are outstanding, will be, directly or indirectly, (A) secured by any interest in
(I) property used for a Private Use or (II) payments in respect of such property or (B) derived
from payments in respect of property used or to be used for a Private Use, whether or not such
property is a part of the Project.
(b) No Disproportionate or Unrelated Use. With respect to private business use
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disproportionate to or not related to governmental use financed or refinanced with the proceeds
of the Bonds, no more than five percent (5%) of the principal of or interest on such Bonds,
under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are
outstanding, will be, directly or indirectly, (x) secured by any interest in (I) property used for a
Private Use or (II) payments in respect of such property or (y) derived from payments in respect
of property used or to be used for a Private Use, whether or not such property is a part of the
Project.
(c) No Private Loan Financing. No proceeds of the Bonds will be used to make or
finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private Use. For purposes of this Certificate, the term "Private Use"
means any activity that constitutes a trade or business that is carried on by persons or entities
other than state or local governmental entities. Any activity carried on by a person other than a
natural person is treated as a trade or business. The leasing of property financed or refinanced
with the proceeds of the Bonds or the access of a person other than a state or local governmental
unit to property or services on a basis other than as a member of the general public shall
constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use
of property financed or refinanced with proceeds of the Bonds by any person, other than a state
or local governmental unit, in its trade or business constitutes general public use only if the
property is intended to be available and is in fact reasonably available for use on the same basis
by natural persons not engaged in a trade or business ("General Public Use").
In most cases Private Use will occur only if a nongovernmental person has a special legal
entitlement to use the financed or refinanced property under an arrangement with the Issuer.
Such a special legal entitlement would include ownership or actual or beneficial use of the
Project pursuant to a lease, management or incentive payment contract, output contract, research
agreement or similar arrangement. In the case of property that is not available for General
Public Use, Private Use may be established solely on the basis of a special economic benefit to
one or more nongovernmental persons. In determining whether special economic benefit gives
rise to Private Use, it is necessary to consider all of the facts and circumstances, including one or
more of the following factors:
(i) whether the financed or refinanced property is functionally related or physically
proximate to property used in the trade or business of a nongovernmental person;
(ii) whether only a small number of nongovernmental persons receive the
economic benefit; and
(iii) whether the cost of the financed or refinanced property is treated as
depreciable by the nongovernmental person.
As of the date hereof, no portion of the Project is leased (or will be so leased) by the
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Issuer or the School Board (or a related party or agent) to a person or entity other than a state or
local governmental unit or to members of the general public for General Public Use.
(e) Management and Service Contracts. With respect to management and service
contracts, the determination of whether a particular use constitutes Private Use under this
Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-5 I.R.B.
18 ("Revenue Procedure 97-13"). As of the date hereof, no portion of the proceeds derived from
the sale of the Bonds is being used to finance or refinance property subject to contracts or other
arrangements with persons or entities engaged in a trade or business (other than governmental
units) that involve the management of property or the provision of services with respect to
property financed or refinanced with proceeds of the Bonds that do not comply with the
standards of Revenue Procedure 97-13.
For purposes of determining the nature of a Private Use, any arrangement that is properly
characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an
arrangement that is referred to as a management or service contract may nevertheless be treated
as a lease. In determining whether a management contract is properly characterized as a lease, it
is necessary to consider all of the facts and circumstances, including the following factors:
(i) the degree of control over the property that is exercised by a nongovernmental
person; and
(ii) whether a nongovernmental person bears risk of loss of the financed or
refinanced property.
Section 3. Time Test and Due Diligence Test. The Issuer and the School Board have
incurred or will incur within 6 months of the date hereof substantial binding obligations, which are
not subject to contingencies within the control of the Issuer or the School Board or a related party
thereto, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project.
The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of the
Bonds within three years of the date hereof.
Section 4. Dispositions and Change in Use.
(a) No Sale or Disposition. The Issuer and the School Board expect to own and
operate and do not expect to sell or otherwise dispose of the Project, or any component
thereof, prior to the final maturity date of the VPSA's Bonds (August 1, 2018).
(b) Change in Use. The Issuer and the School Board represent, warrant and
covenant that the facilities financed or refinanced with proceeds of the Bonds will be used
for the governmental purpose of the Issuer and the School Board during the period of time
the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any
proposed change in use of the Project.
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(c) Tax Covenant. The Issuer and the School Board represent, warrant and
covenant that they will take no action that would cause either the Bonds or the VPSA's
Bonds to be private activity bonds within the meaning of Section 141(a) of the Code and that
it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds from
being private activity bonds, within the meaning of Section 141(a) of the Code.
Furthermore, the Issuer and the School Board have established reasonable procedures to
ensure compliance with this covenant.
Section 5. No Sinking or Pledge Funds. Neither the Issuer nor the School Board has
established and will not establish any funds or accounts that are reasonably expected to be used to
pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the
Bonds for which there is a reasonable assurance that amounts on deposit therein will be available
to pay debt service on the Bonds if the Issuer or the School Board encounters financial difficulty.
Section 6. No Replacement Proceeds.
(a) In General. No portion of the proceeds of the Bonds will be used as a
substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of
the Bonds were used or are to be used to pay any cost of the Project.
(b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of "replacement proceeds", as of
the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the
reasonably expected economic life of the Project financed thereby.
Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the
payment of any principal of or interest on any obligations of the Issuer, other than the Bonds,
incurred in the exercise of its borrowing power, except for any temporary financing as described
herein.
Section 8. Composite Issue. There are no other obligations of the Issuer that have been,
or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of financing
together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds,
other than the Issuer's $ General Obligation School Bonds, Series 1998-_.
Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or
permit any action that would cause (a) the payment of principal of or interest on the Bonds to be
guaranteed, directly or indirectly, in whole or in part by the United States or any agency or
instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in
making loans the payment of principal or interest on which are guaranteed in whole or in part by
the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in
federally insured deposits or accounts (except as permitted under Section 149(b) of the Internal
Revenue Code of 1986, as amended (the "Code"), or the regulations promulgated thereunder). The
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Issuer and the School Board have not, and will not enter into, any (i) long-term service contract with
any federal governmental agency, (ii) service contract with any federal governmental agency under
terms that are materially different from the terms of any contracts with any persons other than
federal government agencies, and (iii) lease of property to any federal government agency, that
would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(1>)
of the Code.
Section 10. No Hedge Bonds. The Issuer and the School Board reasonably expect that
all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three
years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will
be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code)
having a substantially guaranteed yield for four years or more.
Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale of
the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts
necessary for the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be applied
to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with
respect to the Project in anticipation of the issuance of the Bonds. The Issuer represents the
following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds.
(a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with
respect to the Project is not expected to exceed . Such expenditures were paid
prior to the date hereof but no earlier than sixty (60) days prior to , 199__,
which is the date the Issuer adopted its "official intent" declaration (the "Official Intent
Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official
Intent Declaration:
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably expected
to reimburse itself for such expenditures with the proceeds of a taxable or tax-exempt
borrowing,
(ii) set forth a general description of the Project, and
(iii) stated the maximum principal amount of debt expected to be issued for
the Project.
The Issuer has taken no action subsequent to the expression of such intent that would
contradict or otherwise be inconsistent with such intent.
(b) Reasonable Official Intent. As of the date of the Official Intent Declaration, the
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Issuer reasonably expected to reimburse such expenditures with the proceeds of a borrowing.
The Issuer does not have a pattern of failing to reimburse expenditures for which an intention
to reimburse such expenditures was declared and which were actually paid by the Issuer
other than in circumstances that were unexpected and beyond the control of the Issuer.
(c) Reimbursement Period Requirement. The proceeds derived from the sale of the
Bonds to be applied to reimburse the above-described expenditures will be so applied no later than
the later of the date that is (i) eighteen (18) months after the date on which the expenditure being
reimbursed was paid, and (ii) eighteen (18) months after the date on which the portion of the Project
to which such expenditure relates was placed in service within the meaning of Section 1.150-2 of
the Treasury Regulations or abandoned. The Issuer shall not, however, use Bond proceeds to
reimburse the above-described expenditures later than three (3) years after the date the original
expenditure was paid.
(d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i)
capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury Regulations),
(ii) costs of issuance, (iii) certain working capital expenditures for extraordinary,
nonrecurring items that are not customarily payable from current revenues (within the
meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv) grants (within
the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student
loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning
of Section 1.150-1(b) of the Treasury Regulations). None of the expenditures to be
reimbursed were incurred for day-to-day operating costs or similar working capital items.
None of the proceeds of the Bonds being used to reimburse the Issuer for prior
expenditures will be used, directly or indirectly, within one year of the date of a
reimbursement allocation, in a manner that results in the creation of replacement proceeds
(within the meaning of Section 1.148-1 of the Treasury Regulations), other than amounts
deposited in a bona fide debt service fund.
(e) Anti-Abuse Rules. None of the proceeds of the Bonds are being used in a
manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury
Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142
through 147 of the Code.
Section 13. Covenant as to Arbitrage. The Issuer and the School Board hereby covenants
that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or
account maintained in connection with the Bonds, whether or not such money was derived from the
proceeds of the sale of the Bonds or from any other sources, will not be used in a manner that
would cause the Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning of Section
148 of the Code and the applicable regulations thereunder.
RKE~k~PNXCg8.DOC
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C-6
Date:
, 1998
CITY OF ROANOKE, VIRGINIA
Name:
Title:
SCHOOL BOARD OF THE CITY OF
ROANOKE, VIRGINIA
By:
Name:
Title:
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C/M: 077826-00017-01
C-7
APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the
proceeds of the City/County of (the "Issuer") general obligation school bonds (the
"Bonds") in order to make an initial determination that the construction exception from the rebate
requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended,
or the eighteen month exception from the rebate requirement provided by Section 1.148-7(d) of
the Treasury Regulations is available.
Please supply the information requested below and send this questionnaire to Richard A.
Davis, Debt Manager, Virginia Public School Authority, P. O.' Box 1879, Richmond, Virginia
23218-1879, for receipt no later than October 9, 1998, with a copy to your bond counsel.
Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds
including the useful life of the project(s) being financed.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive from the investment of the
Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2
(a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect
to use to finance the issuance costs of the Bonds. (e.g. your legal fees)
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(d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b)
reduced by the amount set forth in Question 2(c) equals $
This amount is hereinafter referred to as "Available Construction Proceeds".
Indicate the amount of money, other than the Available Construction Proceeds of the
Bonds, that will be applied toward the cost of the Project and the expected source of such
money. Indicate what such money will be used for.
Indicate, by principal components, your current estimates of the cost for the acquisition
and construction of the Project that will be financed with the Available Construction
Proceeds of the Bonds, including:
(a) Acquisition of Interest in
Land
(b) Acquisition of Interest in
Real Property1
(c) Acquisition and/or Installation
of Tangible Personal Property2
(d) Site Preparation
(e) Construction of Real Property3
(f) Reconstruction of Real Property4
(g) Rehabilitation of Real Property5
(h) Construction of Tangible
Personal Property6
(i) Specially developed computer
software7
(j) Interest on the Bonds during
Construction
(k) Other (please specify)
(1) Total
RKE#APNXD9S.DOC D-2
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(Note: The sum of the amounts described in (a) through (k) must equal the amount of
Available Construction Proceeds of the Bonds set forth in Question 2(d).)
1-7 See the Endnotes on pages D-7 and D-8.
5. (a)
(b)
Have you borrowed, directly or indirectly, (such as through an industrial
development authority) any money, either through a tax-exempt bank loan, a bond
anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to
pay for the Project costs?
Yes No
(c)
Do you intend to use the proceeds of the Bonds to refinance or repay any loan
used to finance the Project costs?
Yes No
(d)
If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP or
other evidence of the loan and indicate the following:
(i)
(ii)
(iii)
(iv)
(v)
Amount of loan:
Date of loan:
Maturity date of loan:
Interest rate of loan:
Name of lender:
6. (a)
If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan
to reimburse yourself for expenses paid with respect to the Project before the loan
was obtained?
Yes No
Do you intend to reimburse yourself from the proceeds of the Bonds for Project
costs advanced from your General Fund or other available sources?
Yes No
RKE#APNXD98.DOC D-3
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(b)
If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to ail such
expenditures, please indicate the amount of such expenditure, when such
expenditure was paid and the purpose of the expenditure (i.e., architectural fees,
engineering fees, other construction costs):
(i) Amount expended $
(ii) Date of expenditure:
(iii) Purpose of expenditure:
(Note: if you intend to reimburse yourself for more than one expenditure, please
attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii)
purpose of expenditure)
o
If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence
of your intention to reimburse yourself with the proceeds of a borrowing such as the
earliest possible resolution, declaration or minutes of a meeting. Include the date such
resolution was adopted, meeting was held or declaration made.
[The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for
the Construction Exception from the Rebate Requirement.]
Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least
75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i).
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "No", skip Question 9 and answer Question 10.
9. (a)
Assuming the Bonds are delivered on November 19, 1998 and funds are made
available to you on that date, please complete the following schedule indicating
the amount of Available Construction Proceeds that the City/County expects to
expend and disburse during the following time periods:
From November 19, 1998 to May 19, 1999
From May 20, 1999 to November 19, 1999
From November 20, 1999 to May 19, 2000
From May 20, 2000 to November 19, 2000
$ 8
RKE#APNXD98.DOC D-4
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10.
Total9 $
8 and 9 See the Endnotes on page D-8.
(b)
If you do not expect to spend 100% of Available Construction Proceeds by
November 19, 2000, do you expect to spend 100% of Available Construction
Proceeds by November 19, 2001 ?
Yes No
For purposes of this Question 10, assume that the Bonds are delivered on November 19,
1998 and funds are made available to you on that date.
(a)
Does the City/County expect to expend and disburse the amount shown in
Question 4(a) for the acquisition of land by May 19, 19997
Yes No
(b)
Does the City/County expect to expend and disburse the amount shown in
Question 4(b) for the acquisition of interests in real property by May 19, 19997
Yes No
(c)
Does the City/County expect to expend and disburse the amount shown in
Question 4(c) for the acquisition and/or installation of tangible personal Property
by May 19, 19997
Yes No
(d)
(i) Does the City/County expect to expend and disburse the amount shown in
question 4(1) by November 19, 2001 ?
Yes No
(ii) Assuming that the Bonds are delivered on November 19, 1999, and funds are made
available to you on that date, please complete the following schedule indicating
the amount of Available Construction Proceeds that the City/County expects to
expend and disburse during the following time periods:
From November 19, 1998 to May 19, 1999
From May 20, 1999 to November 19, 1999
From November 20, 1999 to May 19, 2000
From May 20, 2000 to November 19, 2000
$ 10
RKE#APNXD98.DOC D-5
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Total $
10 See the Endnotes on page D-$.
[The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen
Month Exception from the Rebate Requirement.] ~
11. The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross
proceeds"). Assuming that the Bonds are delivered on November 19, 1998 and funds are made
available to you on that date, please complete the following schedule indicating the amount of gross
proceeds that the City/County expects to expend and disburse during the following time periods:
From November 19, 1998 to May 19, 1999
From May 20, 1999 to November 19, 1999
From November 20, 1999 to May 19, 2000
$ I
Total $
I understand that the foregoing information will be relied upon by the Virginia Public School
Authority (the "Authority") in determining the applicability of the construction exception to the
Authority's School Financing Bonds (1997 Resolution), Series 1998 B. I hereby certify that I am
familiar with the Project or have made due inquiry in order to complete this Questionnaire with respect
to the Project and am authorized by the City/County to provide the foregoing information with respect
to it, which information is tree, correct, and complete, to the best of my knowledge.
Name of Person Completing
Questionnaire
Title
Signature
Date
~ Include amounts expended prior to November 19, 1998 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or repay
any loan.
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ENDNOTES
For purposes of this questionnaire, "real property" means improvements to land, such as
buildings or other inherently permanent structures, including items that are structural
components of such buildings or structures. For example, real property includes wiring
in a building, plumbing systems, central heating or central air conditioning systems, pipes
or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves
and docks, bridges and sewage lines.
For purposes of this questionnaire, tangible personal property means any tangible property
except real property. For example, tangible personal property includes machinery that is
not a structural component of a building, fire tracks, automobiles, office equipment,
testing equipment and furnishings.
See description of real property in endnote 1. This includes all capital expenditures that
are properly chargeable to or may be capitalized as part of the basis of the real property
prior to the date the property is placed in service. For purposes of this questionnaire,
expenditures are considered paid in connection with the construction, reconstruction or
rehabilitation of real property if the contract between the Issuer and the seller requires the
seller to build or install the property (such as under a "turnkey contract") but only to the
extent the property has not been built or installed at the time the parties enter into the
contract. If the property has been partially built or installed at the time the parties enter
into the contract, the expenditures that are allocable to the portion of the property built
or installed before that time are expenditures for the acquisition of real property.
See endnote 3.
See endnote 3.
For purposes of this questionnaire, expenditures are in connection with the construction
of tangible personal property, as defined in endnote 2, if:
(a) A substantial portion of the property or properties is completed more than 6
months after the earlier of the date construction or rehabilitation commenced and the date
the Issuer entered into an acquisition contract;
(b) Based on the reasonable expectations of the Issuer, if any, or representations
of the person constructing the property, with the exercise of due diligence, completion of
construction or rehabilitation (and delivery to the Issuer) could not have occurred within
that 6-month period; and
(c) If the Issuer itself builds or rehabilitates the property, not more than 75% of
the capitalizable cost is attributable to property acquired by the Issuer (e.g., components,
raw materials and other supplies).
RKE#APNXD98.DOC D-7
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9
10
Specially developed computer software means any programs or routines used to cause a
computer to perform a desired task or set of tasks, and the documentation required to
describe and maintain those programs, provided that the software is specially developed
and is functionally related and subordinate to real property or other constructed personal
property.
Include amounts expended prior to November 19, 1998 and approved by your bond counsel
for reimbursement from your bond proceeds. This does not include any amount used to
refinance or repay any loan.
Total should equal the amount in 4(1).
Include amounts expended prior to November 19, 1998 and approved by your bond counsel
for reimbursement from your bond proceeds. This does not include any amount used to
refinance or repay any loan.
RKE#APNXD98.DOC
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'1 Marsha W. Ellison, Chairman
Melinda J. Payne, Vice Chairman
Charles W. Day
oke
City School Board P.O. Box 13145, Roanoke, Virginia 24031
APPENDIX
F. B. Webster Day
Sherman P. Lea
Ruth C. Willson
E to Bond Sale Agreement
Brian J. Wishneff
Dr. E. Wayne Hams, Superintendent
Cindy H. Lee, Clerk of the Board
· 540-853-2381 · Fax: 540-853-2951
August 17, 1998
RESOLUTION REQUESTING THE CITY COUNCIL
OF THE CITY OF ROANOKE, VIRGINIA
TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF
BE IT RESOLVED,
1)
The School Board of the City of Roanoke, Virginia hereby (i) approves certain
capital improvements for Huff Lane Elementary School to construct additional
classrooms and make improvements to the heating system at an estimated cost
not to exceed $1,485,000 (the "Project"), (ii) authorizes and approves the filing
of an application to the Virginia Public School Authority ("VPSA") seeking interest
rate subsidy bond financing in an amount not to exceed $1,312,500, and (iii)
requests that the City Council of the City of Roanoke, Virginia issue its general
obligation school bonds to be sold to VPSA in an aggregate principal amount not
to exceed $1,312,500, for the purpose of financing a portion of the cost of the
Project.
2)
This resolution shall take effect immediately by the following recorded vote:
Marsha W. Ellison, Chairman
Melinda J. Payne, Vice-Chairman
Chades W. Day
F. B. Webster Day
Sherman P. Lea
Ruth C. Willson
Brian J. Wishneff
Yea
Nay
The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby
certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting
of the School Board held the 17th day of August, 1998.
WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia,
this I ~k day of August, 1998.
(SEAL)
Clerk, Schod~l Board of City of Roanoke, Virginia
Preparing Students for Success
APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defmed below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance
by the Virginia Public School Authority (the "Authority") of $ aggregate principal
amount of its School Financing Bonds (1997 Resolution) Series 1998 B (the "Series 1998 B
Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on
October 23, 1997. The Series 1998 B Bonds and all other parity bonds heretofore and
hereafter issued under the 1997 Resolution are collectively called the "Bonds". A portion of
the proceeds of the 1998 Series B Bonds are being used by the Authority to purchase certain
general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a
bond sale agreement between the Authority and the Local Issuer (the "Bond Sale
Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby
covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is
being executed and delivered by the Local Issuer for the benefit of the holders of the Series
1998 B Bonds and in order to assist the Participating Underwriters (defined below) in
complying with the Rule (defined below). The Local Issuer acknowledges that it is
undertaking primary responsibility for any reports, notices or disclosures that may be required
under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1997
Resolution, which apply to any capitalized term used in this Disclosure Agreement unless
otherwise def'med in this Section, the following capitalized terms shall have the following
meanings:
"Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing
by such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
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"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
"Fiscal Year" shall mean the twelve-month period at the end of which financial
position and results of operations are determined. Currently, the Local Issuer's Fiscal Year
begins July 1 and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a Series 1998 B Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the
Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds
of the Local Issuer pledged as security for Bonds issued under the Authority's 1997
Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local
school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate
principal amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the
Authority's Series 1998 B Bonds required to comply with the Rule in connection with the
offering of such Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by
the State as a state depository for the purpose of the Rule. As of the date of this Agreement,
there is no State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to,
provide to each Repository an Annual Report which is consistent with the requirements of
Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the
"Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing
with its Fiscal Year ending June 30, 1998) as of the end of which such Local Issuer was a
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MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.1 Not later than ten
(10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the
Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case,
the Annual Report (i) may be submitted as a single document or as separate documents
comprising a package, (ii) may cross-reference other information as provided in Section 4 of
this Disclosure Agreement and (iii) shall include the Local Issuer's audited financial
statements prepared in accordance with applicable State law or, if audited financial statements
are not available, such unaudited financial statements as may be required by the Rule. In any
event, audited financial statements of such Local Issuer must be submitted, if and when
available, together with or separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Board and any State Repository in substantially the form
attached hereto as Exhibit A.
SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a minimum,
annual financial information relating to the Local Issuer, including operating data,
(i)
updating such information relating to the Local Issuer as shall have been
included or cross-referenced in the final Official Statement of the Authority
describing the Authority's Series 1998 B Bonds or
(ii)
if there is no such information described in clause (i), updating such
information relating to the Local Issuer as shall have been included or cross-
referenced in any comparable disclosure document of the Local Issuer relating
to its tax-supported obligations or
(iii)
if there is no such information described in clause (i) or (ii) above, initially
setting forth and then updating the information referred to in Exhibit B as it
relates to the Local Issuer, all with a view toward assisting Participating
Underwriters in complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
reference is a final official statement, it must be available from the Municipal Securities
The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated
Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise
the Local Issuer as to its status as a MOP as of any other date.
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Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECTION 5. Reporting of Listed Eventq. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any,
with a copy to the Authority.
SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations
under this Disclosure Agreement shall terminate upon the earlier to occur of the legal
defeasance or final retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint
or engage a Dissemination Agent to assist it in carrying out its obligations under this
Disclosure Agreement and may discharge any such Agent, with or without appointing a
successor Dissemination Agent. The Local Issuer shall advise the Authority of any such
appointment or discharge. If at any time there is not any other designated Dissemination
Agent, the Local Issuer shall be the Dissemination Agent.
SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has
been approved in writing by the Authority and is supported by an opinion of independent
counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that
such amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the
means of dissemination set forth in this Disclosure Agreement or any other means of
communication, or including any other information in any Annual Report or notice of
occurrence of a Listed Event, in addition to that which .is required by this Disclosure
Agreement. If the Local Issuer chooses to include any information in any Annual Report or
notice of occurrence of a Listed Event, in addition to that which is specifically required by
this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to
update such information or include it in any future Annual Report or notice of occurrence of a
Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local
Issuer) may take such action as may be necessary and appropriate, including seeking mandate
or specific performance by court order, to cause the Local Issuer to file its Annual Report or
to give notice of a Listed Event. The Authority may, and the holders of not less than a
majority in aggregate principal amount of Bonds outstanding may, take such actions as may
be necessary and appropriate, including seeking mandate or specific performance by court
order, to challenge the adequacy of any information provided pursuant to this Disclosure
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Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under
this Disclosure Agreement shall not be deemed an event of default under the applicable
resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement
in the event of any failure of the Local Issuer to comply herewith shall be an action to
compel performance. Nothing in this provision shall be deemed to restrict the rights or
remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and
regulations promulgated thereunder, or other applicable laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the
benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from
time to time of the Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 12. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
Date:
CITY OF ROANOKE, VIRGINIA
By.
City Manager
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NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATEMENTS]
EXIlIBIT A
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
SERIES 1998 B
CUSIP Numbers.
Dated: November , 1998
Name of Local Issuer: City of Roanoke, Virginia
NOTICE IS HEREBY GIVEN that the City of Roanoke, Virginia (the "Local Issuer") has not
provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement,
which was entered into in connection with the above-named bonds issued pursuant to that certain
Series Resolution adopted on October 5, 1998, by the Board of Commissioners of the Virginia
Public School Authority, the proceeds of which were used to purchase $ General
Obligation School Bonds of the Local Issuer. [The Local Issuer anticipates that the Annual
Report will be filed by .] The Local Issuer is a material "obligated person"
within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended,
with respect to the above-named bonds of the Authority.
Dated:
CITY OF ROANOKE, VIRGINIA
By
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EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt;
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension plans
administered by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
RKE#O555149.WPD F-7
C/M: 077826-O0017-01
B&W DRAFT SEPTEMBER 11, 1998
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1998 B
Dated November 19, 1998
Among
Virginia Public School Authority
Wachovia Bank, N.A.
Mentor Investment Advisors, LLC
and
Albemarle County
Augusta County
Bedford County
Buchanan County
Campbell County
City of Chesapeake
Clarke County
Giles County
King William County
City of Poquoson
Rappahonnock County
Richmond County
City of Roanoke
Roanoke County
Spotsyivania County
Stafford County
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
Table of Contents
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 1 I.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
NYLIB1/467372/3/18580/00063/vachartffSeptember 11, 1998 - 3:21
PaRe
Recitals ................................................................................................................... 2
Definitions ...........
Disposition of VPSA Bond Proceeds ....................................................................... 9
Establishment of Accounts ...................................................................................... 9
Disposition of Local School Bond Proceeds .......................................................... 10
Investment of Principal Subaccount ...................................................................... 10
Disbursements from Principal Subaccount ............................................................ 10
Investment of Income Subaccount.
Income Subaccount ............................................................................................... 11
Investment Losses...
Rebate Computations ............................................................................................ 13
Transfers to Income Subaccount.
Disposition of Excess Proceeds.
Rebate Payments and Penalty Payments ................................................................ 16
Duties of VPSA.
Duties of WB ........................................................
Duties of Local Units ............................................................................................ 17
Responsibilities of the Investment Manager .......................................................... 18
Costs.
Opinions of Counsel ........................................
Amendment.
Notices.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
No Third Party Beneficiaries ................................................................................. 21
Severability ........................................................................................................... 21
No Personal Liability ............................................................................................ 21
Applicable Law .................................................................................................... 21
Counterparts ......................................................................................................... 22
Eff'ective Date; Term ..............
............................................................................... 2
NYLIB1/467372/3/18580/OOO63/vachanv'September 11, 1998 - 3:21
ii
B&W DRAFT SEPTEMBER 11, 1998
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1998 B
This PROCEEDS AGREEMENT, dated November 19, 1998 (this "Agreement"), is
among the Virginia Public School Authority, a public body corporate and instrumentality of'
the Commonwealth of' Virginia ("VPSA"), the thirteen counties and three cities that are
signatories to this Agreement (collectively, the "Local Units", and each a "Local Unit"),
Wachovia Bank, N.A. a banking institution organized under the laws of' the United States of.
America and having its principal office in Winston-Salem, North Carolina, and Mentor
Investment Advisors, LLC, a corporation organized under the laws of' Virginia and having an
office in Richmond, Virginia. All capitalized terms used herein shall have the meaning given to
them in Section 2 hereof.
The parties hereto agree and covenant as follows:
Section 1. Recitals.
A. On or before October 9, 1998, VPSA and each of.the Local Units entered into
a Bond Sale Agreement, pursuant to which VPSA agreed to purchase, and the Local Unit agreed
to sell its Local School Bonds.
B. On October 28, 1998, VPSA's Bonds were awarded at competitive bidding to
the Purchaser. The Purchaser is obligated by the terms of' its bid to pay the purchase price for
VPSA's Bonds on the Closing Date. VPSA will apply certain of' the proceeds of. the sale of.
VPSA's Bonds, together with other available money, to the purchase of' the Local School Bonds
on November 19, 1998, the Local School Bonds Closing Date. VPSA will also apply certain of'
NYLIBl/467372/3/Ig580/00063/vacham,'Septcmber 11, 1998 - 3:21
the proceeds of the sale of VPSA's Bonds, together with other available funds, to pay a portion
of the interest on the VPSA's Bonds between the July 15, 1999 interest payment date on the
Local School Bonds and the August 1, 1999 interest payment date on the VPSA's Bonds and to
pay certain costs of issuance of the VPSA Bonds.
C. The Code imposes requirements on VPSA and the Local Units selling their
Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the
Local School Bonds are to be excludable from gross income for federal income tax purposes,
including a requirement that in certain circumstances, certain investment income with respect to
the Local School Bonds, which income is deemed for federal income tax purposes to be
investment income of VPSA's Bonds, be subject to payment, or in lieu thereof certain payments
be made, to the United States Treasury.
D. VPSA has determined that in order to fulfill its representations respecting the
maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal
income tax purposes, VPSA must establish a mechanism to provide accountability for the
custody, investment and disbursement of the proceeds of VPSA's Bonds and the proceeds of the
Local School Bonds.
E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the
representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code
affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum,
practicable income by the professional management of the investment and reinvestment of the
proceeds of the Local School Bonds; (iii) to provide for the custody, investment and
disbursement of the proceeds of the Local School Bonds, and for the maintenance of appropriate
records thereof, (iv) to meet the rebate requirement imposed by Section 148(0 of the Code, in
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998-3:21 2
part through the payment of either the Local Unit Rebate Requirement by each of the Local Units
or the Penalty if the Penalty Election has been made on behalf of a Local Unit; and (v) tv provide
for the allocation and payment of the costs associated with the establishment and maintenance of
this Agreement.
F. The purpose set forth in the preceding subsection E shall be accomplished
through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with
the Information Statement.
Section 2. Definitions.
In addition to the words and terms elsewhere defined in this Proceeds Agreement
including the Exhibits attached hereto, the following words and terms shall have the following
meanings:
"Aggregate Local Units Rebate Requirement" shall be the amount calculated
pursuant to the Letter Agreement.
"Agreement" or "Proceeds Agreement" shall mean the Proceeds Agreement,
dated November 19, 1998, among the Authority, the Local Units, WB and the Investment
Manager.
"Authorized Representative" shall mean, as applied to VPSA, WB, the
Investment Manager and the Local Units, the person or each of the persons thereby designated,
from time to time, in accordance with and as listed on the page of this Agreement executed by
such party.
"Available Construction Proceeds" shall mean, as applied to each Local Unit, the
sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant to
Section 5 hereof, and (ii) the investment earnings thereon, reduced by the amount of issuance
NYLIB1/467372/3/185gO/OOO63/vacham/September 11, 1998 - 3:21 3
costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has
made the Bifurcation Election on its signature page, "Available Construction Proceeds" shall
mean the sum of the amount set forth on the signature page as the portion of the issue used for
construction and the investment earnings thereon, reduced by the amount set forth on the
signature page as allocable to issuance expenses.
"Bifurcation Election", with respect to each issue of Local School. Bonds, shall
mean the election made by the Local Unit to treat a portion of its Local School Bonds used for
construction as a separate issue pursuant to Section 148(f)(4)(C)(v) of the Code.
"Bond Sale Agreement(s)" shall refer to the Bond Sale Agreement(s), dated as of
October 9, 1998, between VPSA and each Local Issuer.
"Capital Expenditure" shall mean any cost of a type that is properly chargeable to
a capital account (or would be so chargeable with a proper election) under general federal
income tax principles as determined at the time the expenditure is paid with respect to the
property.
"Capital Project" shall mean all Capital Expenditures, plus related working capital
expenditures to which the de minimis exception provided by Section 1. 148-6(d)(3)(ii)(A) of the
Treasury Regulations to the proceeds-spent-last rule applies, that carry out the governmental
purpose of the Local School Bond issue.
"Closing Date" shall mean November 19, 1998.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Computation Date" shall mean each of the Installment Computation Dates and
the Final Computation Date.
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998- 3:21 4
"Contract" shall mean the Contract respecting the Virginia State Non-Arbitrage
Program, between the Treasury Board of the Commonwealth of Virginia and the Investment
Manager, including the Depository Agreement appearing as Appendix A thereto.
"Eighteen-Month Exception" shall mean the exception to the Rebate Requirement
provided by Treasury Regulation Section 1.148-7(d).
"Final Computation Date" shall mean the date the last bond that is part of the
issue of VPSA's Bonds is discharged.
"Gross Proceeds" shall have the meaning given to such term in the Letter
Agreement.
"Income Subaccount" shall mean (i) the Income Subaccount established pursuant
to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Income
Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the four Local
Units described therein.
"Income Subaccount Set Aside" shall have the meaning given to such term by
Section 9(b) of this Agreement.
"Individual Portfolio" shall have the meaning given to such term in the
Information Statement.
"Information Statement" shall mean the current Information Statement describing
SNAP, as the same may be supplemented and amended.
"Installment Computation Dates" shall mean [December 1], 2003, and each fii~h
(5th) anniversary date thereafter.
NYLIB1/467372/3/18580/OOO63/vachanv'September 11, 1998 - 3:21 5
"Investment Manager" shall mean Mentor Investment Advisors, LLC, a
corporation organized under the laws of Virginia and having an office in Richmond, Virginia, in
its capacity as the investment manager of SNAP.
"Investment Report" shall have the meaning given to such term in Part A of the
Letter Agreement.
"Letter Agreement" shall mean the Letter Agreement, dated the date hereof,
attached to this Agreement as Exhibit C.
"Local School Bonds" shall mean general obligation school bonds of a Local Unit
having the terms and provisions required by the Bond Sale Agreement.
"Local School Bonds Closing Date" shall mean the Closing Date, except as
otherwise provided on the page of this Agreement executed by a Local Unit; provided, however,
the Local School Bonds Closing Date with respect to an issue of Local School Bonds shall not be
deemed to have occurred until the related Local Unit shall have delivered the Local School
Bonds to VPSA and otherwise complied with the terms of its Bond Sale Agreement.
"Local Unit" or "Local Units" shall have the meaning accorded to such term by
the first paragraph of this Agreement.
"Local Unit Rebate Computation", with respect to each issue of Local School
Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date
pursuant to Section 11 of this Proceeds Agreement.
"Local Unit's Rebate Requirement", with respect to each issue of Local School
Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the
Letter Agreement.
NYLIBl/467372/3/lg580/OOO63/vacham/September 11, 1998 - 3:21 6
"Penalty" shall mean the amount that must be paid to the United States Treasury
pursuant to the Penalty Election.
"Penalty Election", with respect to each issue of Local School Bonds, shall mean
the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section
148(f)(4)(C)(vii) of the Code.
"Principal Subaccount" shall mean (i) the Principal Subaccount established
pursuant to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Principal
Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the four Local
Units described therein.
"Proceeds Account" shall mean, ~vith respect to each Local Unit, its account
established under Section 4 of this Proceeds Agreement.
"Purchaser" shall mean , the bidder offering to pay the
loxvest true interest cost of VPSA's Bonds to xvhich VPSA awarded VPSA's Bonds at a
competitive sale.
"Rebate Calculation Agent" shall have the meaning given to such term in the
Letter Agreement.
"Rebate Computation" shall mean the computation, as of a Computation Date, of
the Local Unit Rebate Requirement to such Computation Date. The amount so computed may be
a positive or a negative number.
"Rebate Exceptions" shall mean the Spending Exceptions and the Small-Issuer
Exception, collectively.
"Rebate Report" shall mean the Local Unit Rebate Computations.
NYLIB1/467372/3/18580/00063/vacharn/September 11, 1998-3:21 7
"Rebate Requirement" shall mean the rebate requirement imposed by Sections
148(0(2) and (3) of the Code.
"Six-Month Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(B) of the Code.
"Small-Issuer Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(D) of the Code.
"SNAP" shall mean the State Non-Arbitrage Program established pursuant to
Article 7.1, Chapter 14, Title 2.1, Code of Virginia, as amended.
"SNAP Documents" shall mean the Information Statement and the Contract.
"Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month
Exception and the Two-Year Exception, collectively.
"Two-Year Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(C) of the Code.
"VPSA" shall mean the Virginia Public School Authority, a public body corporate
and instrumentality of the Commonwealth of Virginia.
"VPSA's Bond Yield" shall mean the Yield on VPSA's Bonds as set forth in the
Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each
issue of Local School Bonds ora Local Unit the interest on which is excluded from gross income
shall equal the VPSA's Bond Yield.
"VPSA's Bonds" shall mean the $ aggregate principal amount of
VPSA's School Financing Bonds (1997 Resolution) Series 1998 B.
"WB" shall mean Wachovia Bank, N.A. a banking institution organized under the
laws of the United States of America and having its principal office in Winston-Salem, North
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
Carolina. WB is the Depository for Individual Portfolios and custodian of the assets of the
SNAP fund.
"Withdrawal Date" shall mean the date as of which an interim Kebate Calculation
is made pursuant to Section 9 of this Proceeds Agreement.
"Yield" shall have the meaning accorded to such term by the Letter Agreement.
Section 3. Disposition of VPSA Bond Proceeds.
A. Prior to the Closing Date, each Local Unit will complete and submit, to the
Investment Manager, the program registration form and the SNAP account registration form
annexed to the Information Statement.
B. On the Closing Date, VPSA will transfer to WB for deposit in SNAP, in
immediately available funds, an amount equal to the aggregate purchase price of all of the Local
School Bonds ($ ).
C. Each Local Unit hereby agrees to adhere strictly to the prescribed and
recommended procedures described in the Information Statement. Each Local Unit hereby
further agrees that it will not deviate from or request an exception to such procedures without
first obtaining the prior written approval of Vi)SA. In the event of a conflict between the
provisions of this Agreement and the Information Statement, the provisions of this Agreement
shall control.
Section 4. Establishment of Accounts.
(a) Except as provided in Section 4(b) below, the Investment Manager will
establish on its books for each Local Unit one (1) account and two (2) subaccounts therein as
follows:
VPSA-(Name of Local Unit) Proceeds Account - Series 1998 B Issue
NYLIBl/467372/3/lg580/OOO63/vacham/September 11, 1998-3:21 9
Principal Subaccount
Income Subaccount
(b) The Investment Manager shall establish on its books for the City of
Roanoke, Koanoke County, Spotsylvania County and Stafford County, within the one (1)
Proceeds Account for each such Local Unit, two (2) subaccounts therein, and two subaccounts
within each such subaccount, as follows:
VPSA- (Name of Local Unit) Proceeds Account -Series 1998 B Issue
Non Subsidy Subaccount
Principal Subaccount
Income Subaccount
Subsidy Subaccount
Principal Subaccount
Income Subaccount
The amounts in the Principal Subaccoums and Income Subaccounts of each of these
Local Units shall be combined for purposes of ttSs Agreement. Requisitions from the City of
Roanoke, Roanoke County, Spotsylvania County and Stafford County shall specify the
Subaccount from which moneys are being requisitioned
Ifa Local Unit has elected to treat a portion of its Local School Bonds issue used
for construction as a separate issue as set forth on its signature page, the Investment Manager
shall maintain such records as necessary to determine the portion of the Principal Subaccount
and Income Subaccount of such Local Unit allocable to the construction issue and the non-
construction issue.
Section 5. Disposition of Local School Bond Proceeds.
The Investment Manager shall allocate the proceeds of the Local School Bonds on
the Local School Bonds Closing Date(s) to the I_ocal Unit(s), dollar for dollar, in accordance
with the respective principal amounts of their Local School Bonds set forth in Exhibit A to this
Agreement. There is no accrued interest on the Local School Bonds. The proceeds of VPSA's
Bonds allocated to each Local Unit shall be credited to the Principal Subaccount of the Local
NYLIBl/467372/3/18580/00063/vacham/$eptcmber 11, 1998 - 3:56 ] 0
Unit in the amounts set forth in Exhibit A with respect to the Subsidy Local School Bonds and/or
the Non-Subsidy Local School Bonds, as the case may be.
Section 6. Investment of Principal Subaccount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Principal Subaccount of each Local Unit for the benefit of such Local Unit in accordance with
the provisions of the Information Statement and Section 18 of this Agreement. The Investment
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit of its respective Principal Subaccount.
Section 7. Disbursements from Principal Subaccount.
Beginning on its Local School Bonds Closing Date, each Local Unit may at any
time withdraw all or any portion of the proceeds of its Local School Bonds credited to its
Principal Subaccount (including amounts transferred to the credit of' the Principal Subaccount
from the Income Subaccount pursuant to Section 9), in accordance with the Information
Statement and, in the case of a reimbursement to the Local Unit, by filing with the Investment
Manager a requisition or requisitions therefor in the form of Exhibit B to this Agreement signed
by an Authorized Representative of the Local Unit. Notwithstanding anything to the contrary in
the Information Statement, the Investment Manager agrees that, in the case of a reimbursement
to the Local Unit, it shall not disburse any money from the Principal Subaccount unless and until
it has received such requisition from the Local Unit.
Section 8. Investment of Income Subaccount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the
provisions of the Information Statement and Section 18 of this Agreement. The Investment
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998- 3:21
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit thereof.
Section 9. Income Subaecount.
A. The Investment Manager will notify a Local Unit and VPSA when the balance
to the credit of the Principal Subaccount of such Local Unit shall have been reduced to zero ($0).
Such Local Unit may then withdraw from its Income Subaccount an amount not in excess of the
amount then to the credit of its Income Subaccount if the Local Unit qualifies for any one of the
Rebate Exceptions or if such withdrawal is necessary to qualify for one of the Spending
Exceptions.
1. In order to qualify for the Small-Issuer Exception, the Local Unit must deliver
to VPSA and the Investment Manager no later than the end of calendar year 1998 (a) a
letter from, or opinion of, nationally recognized bond counsel that the Local School
Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds
will be treated as meeting the requirements of Code Sections 148(0(2) and (3), pursuant
to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for
the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement
in the event that the Local School Bonds of such Local Unit fail to meet all of the
requirements of the Small Issuer Exception.
2. In order to determine if a Local Unit qualifies for either the Six-Month
Exception or the Eighteen-Month Exception, the Investment Manager shall advise each
Local Unit and VPSA of the amount that has been disbursed from the Principal
Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the
Closing Date, (b) twelve (12) months from the Closing Date, and (c) eighteen (18)
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21 12
months from the Closing Date. To facilitate such determination, each Local Unit shall set
forth on the signature page for such Local Unit the amount of investment proceeds that
such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn.
3. In order to determine if a Local Unit qualifies for the Two-Year Exception,
the Investment Manager shall advise each Local Unit and VPSA, of the amount of
Available Construction Proceeds that has been disbursed from the Principal Subaccount
and the Income Subaccount of such Local Unit (a) six (6) months from the Local School
Bonds Closing Date, (b) twelve (12) months from the Local School Bonds Closing Date,
(c) eighteen (18) months from the Local School Bonds Closing Date, and (d) twenty-four
(24) months from the Local School Bonds Closing Date. To facilitate such
determination, each Local Unit shall set forth on the signature page for such Local Unit
the amount of investment proceeds that such Local Unit reasonably expects as of the
Local School Bonds Closing Date to earn and the elections that it requests VPSA to make
on its behalf. Furthermore, such Local Unit shall set forth in a certificate delivered to
VPSA on the Local School Bonds Closing Date such facts and circumstances as
necessary to show that it reasonably expects to qualify for the Two-Year Exception.
B. Except to the extent that a Penalty'Election has been made on behalf of a
Local Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise
subject to the Rebate Requirement, then prior to a withdrawal from its Income Subaccount and
upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms of
the Information Statement, an interim Rebate Computation with respect to such Local Unit or an
estimate of such Local Unit's Rebate Requirement for purposes of determining what amount, if
any, to the credit of the Income Subaccount may be subject to rebate. Any estimate of the Local
NYLIBl/467372/3/18580/OOO63/vacham/Septernber 11, 1998 - 3:21 '1 3
Unit's Rebate Requirement made by the Investment Manager shall also be provided to VPSA in
writing. Notwithstanding anything to the contrary in the Information Statement, no disbursement
will be made from the Income Subaccount until the aforementioned calculation shall have been
made. The amount to the credit of the Income Subaccount that may be subject to rebate is the
Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager shall (i)
reserve, in the Income Subaccount, the amount of the Income Subaccount Set Aside until the
next Rebate Computation required by Section 11 shall have been made and (ii) credit the
remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's
Principal Subaccount.
Section 10. Investment Losses.
The Investment Manager shall charge any loss realized from the investment or
reinvestment of moneys to the credit of the Income Subaccount and the Principal Subaccount of
a Local Unit as follows:
1. losses on moneys to the credit of the Principal Subaccount shall be charged
thereto; and
2. losses on moneys to the credit of the Income Subaccount shall be charged first
to the Principal Subaccount and then to the Income Subaccount.
Section 11. Rebate Computations.
On or before each Computation Date, VPSA will prepare, or cause to be prepared,
in accordance with the provisions of the Letter Agreement the Local Unit Rebate Computations.
The Local Unit Rebate Computation for each Local Unit shall be made on the basis of the
Investment Reports maintained by the Investment Manager for each Proceeds Account.
NYLIBl/467372/3/18580/00063/vacham/$epternber ! 1, 1998 - 3:21 ] 4
As set forth in the Letter Agreement, the Local Unit Rebate Requirement shall be
calculated separately for each Local Unit. If it is determined, however, that the Local Unit
Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate
Requirement for each Local Unit shall be equal to the percentage of the Aggregate Local Units
Rebate Requirement determined by multiplying the Aggregate Local Units Rebate Requirement
by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated
separately and the denominator of which is the sum of all of the positive Local Unit Rebate
Requirements calculated separately.
If any provision of this Agreement shall become inconsistent with any regulation
or regulations promulgated under Section 148(0 of the Code subsequent to the date hereof,
V'PSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable, a
Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or
regulations, and VPSA, the Investment Manager and each of the Local Units hereby further
agree and covenant immediately to make any and all transfers and payments required by Sections
12 and 14 of this Agreement from any moneys on deposit in the Income Subaccount and any
other moneys of the Local Unit legally available for such purpose.
Section 12. Transfers to Income Subaccount.
Upon receipt of the Rebate Report from VPSA, if the amount on deposit in the
Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the
Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly
charge the Principal Subaccount of such Local Unit to the extent the amount on deposit to the
credit of the Income Subaccount is less than the Local Unit Rebate Requirement and credit its
Income Subaccount with an amount such that the balance to the credit of the Income Subaccount
NYLIB1/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21 15
is equal to the Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon).
To the extent that the amount on deposit in the Principal Subaccount is
insufficient to provide for a deposit to the Income Subaccount such that the balance in the
Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the
Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency,
and, to the extent permitted by law, the Local Unit agrees to transfer promptly to WB, from any
funds that are or may be made legally available for such purpose, the amount required.
To the extent that the amount on deposit in the Income Subaccount exceeds the
Local Unit Rebate Requirement for the Local Unit, the excess over the Local Unit Rebate
Requirement shall be transferred to the Principal Subaccount of the Local Unit.
Section 13. Disposition of Excess Proceeds.
A. When a Local Unit shall certify to \,~SA and the Investment Manager that
there are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount
that will not be used for Capital Projects prior to November 19, 2001, such amount shall be
retained in the Proceeds Account and, to the extent such amount is not required to be deposited
to the Income Subaccount pursuant to Section 12, VPSA will, except as provided in the last
sentence of this Section 13A, direct WB to apply such amount to redeem such Local Unit's
Local School Bonds on the earliest possible date that such Bonds may be called without a
penalty or premium. Notwithstanding the foregoing, when a Local Unit shall certify to VPSA
and the Investment Manager that it has made an election under Section 148(f)(4)(C)(viii) or (ix)
of the Code to terminate the Penalty Election, and that, pursuant to Code Section
148(0(4)(C)(viii)(III) of such termination election, such Local Unit indicates the amount of
NYLIBl/467372/3/lg580/00063/vacham/September 11, 1998-3:21 16
Available Construction Proceeds to be applied to the redemption of its Local School Bonds and
the date of such redemption, VPSA will direct the Investment Manager and WB to apply such
amount toward the redemption of such Local Unit's Local School Bonds on the date indicated.
B. In the event, that there are any balances remaining on deposit in either the
Principal Subaccount or Income Subaccount of any Local Unit on November 19, 2001, such
amounts will be invested by the Investment Manager in an Individual Portfolio at a Yield not in
excess of the VPSA's Bond Yield or in tax-exempt obligations.
Section 14. Rebate Payments and Penalty Payments.
A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the
United States Treasury at the direction of V'PSA on behalf of and for the accounts of the Local
Unit and V'PSA in accordance with the Letter Agreement.
B. The payment of the Local Unit Rebate Requirement of each Local Unit shall
be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect to
the proceeds of the Local School Bonds on deposit in the Proceeds Account, of the requirements
of Section 148(0 of the Code except to the extent that such issue of Local School Bonds may be
treated as a composite issue under Treasury Regulation §1.150-1(c) with another issue of
obligations.
C. Notwithstanding anything to the contrary herein, if VPSA has made the
Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the
Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or
Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the
Information Statement, a computation of the amount of the Penalty that must be paid to the
United States Treasury pursuant to the Penalty Election.
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21 17
If the amount on deposit in the Local Unit's Income Subaccount and Principal
Subaccount is less than the amount of the Penalty due by such Local Unit, the Investment
Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the
extent permitted by law, the Local Unit agrees to transfer promptly to WB, from any funds that
are or may be made legally available for such purpose, the amount required. The Penalty of each
Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and
for the accounts of the Local Units no later than ninety (90) days after the end of the spending
period to which the Penalty relates.
Section 15. Duties of VPSA.
VPSA shall carry out its duties and responsibilities under this Agreement and may
retain agents, independent contractors and others that it deems qualified to cart3' out any or all of
such duties and responsibilities.
VPSA shall carry out, or cause to be carried out, all of its responsibilities under
the Letter Agreement.
VPSA shall retain a copy of all Rebate Computations for at least six (6) years
after the retirement of the last of VPSA' s Bonds.
VPSA agrees that, except as provided in this Agreement, any rebate liability that
VPSA may have on account of the investment and reinvestment of the Gross Proceeds of
VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a
result of the investment of money credited to funds and accounts created under its bond
resolutions or as a result of the advance refunding of its bonds, shall be the sole responsibility of
VPSA and not any Local Unit.
NYLIBl/467372/3/185g0/00063/vacham/Scptember 11, 1998 - 3:21
Section 16. Duties of WB.
WB shall carry out its duties and responsibilities under the SNAP Documents and
this Agreement.
Section 17. Duties of Local Units.
A. The Local Units will cooperate with VPSA, the Investment Manager and WB
in order to ensure that the purposes of this Agreement are fulfilled. To that end, each Local Unit
covenants and agrees that it will take any and all action and refrain from taking any and all
action, as recommended by its bond counsel, to maintain the exclusion from gross income for
federal income tax purposes of interest on its Local School Bonds to the same extent such
interest was so excludable on the Closing Date.
B. If a Local Unit is required to restrict the Yield on its investments, in order to
comply with such covenant or to maintain the exclusion fi'om gross iacome for federal income
tax purposes of the interest on \rPSA's Bonds, it shall timely notify the Investment Manager to
restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general
fund or otherwise set aside or earmark funds with which to pay debt service on its Local School
Bonds (other than as a budget item) prior to the date of payment thereof to VPSA.
C. Each Local Unit agrees to provide for the payment of its Local Unit Rebate
Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate
Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal
income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each
Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for
filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty.
NYLIB1/467372/3/lg580/OOO63/vacham/September 11, 1998 - 3:21 ] 9
D. Each Local Unit hereby covenants and represents that neither the Local Unit
nor any related party, as defined in Section 1.150-l(b) of the Treasury Regulations, to such Local
Unit, pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds in an
amount related to the amount of Local School Bonds to be acquired from such Local Unit by
VPSA.
Section 18. Responsibilities of the Investment Manager.
The Investment Manager shall be the agent of, and serve at the expense of, the
Local Units, to manage and direct the temporary investment and reinvestment of all moneys to
the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make
such computations as required by this Agreement.
In general, the duties of the Investment Manager shall include those described in
the SNAP Documents.
In particular, the Investment .Manager will direct the investment and reinvestment
of moneys to the credit of the Subaccounts of each Local Unit in accordance with the
Information Statement, the Contract and this Agreement.
Section 19. Costs.
Costs of SNAP are payable as provided in the Information Statement. The
difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be
collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA
in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting
discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School
Bonds. VPSA will not charge any other fee to the Local Units for its services or seek
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998- 3:21 20
reimbursement for its fees and expenses, including counsel fees, incurred in connection with the
discharge of its duties and responsibilities under this Agreement.
Section :20. Opinions of Counsel
On the Closing Date, VPSA and each Local Unit shall furnish an opinion of
counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of
counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this
Agreement are valid, binding and enforceable against such client in accordance with its terms.
Section 21. Amendment.
This Agreement may be amended only with the consent of all the affected parties;
provided, however, that this Agreement shall be amended whenever, in the judgment of VPSA,
based on an opinion of its counsel, such amendment is required in order to insure that interest on
x, TSA's Bonds shall remain excludable from gross income for Federal income tax purposes to the
same extent it xvas, in the opinion of such counsel, so excludable on the Closing Date. \~SA
shall offer to amend this Agreement whenever it shall in good faith determine, based on an
opinion of its counsel, that any one or more of the restrictions or requirements imposed by this
Agreement upon the Local Units, or any of them, may be removed or modified without
adversely affecting the exclusion of interest on VPSA's Bonds from gross income for federal
income tax purposes.
Section 22. Notices.
Whenever notice is to be given pursuant to the provisions of this Agreement, such
notice shall be deemed to have been satisfactorily given on the same day if hand delivered or
telecopied during regular business hours or three (3) days after the date of postmark if mailed,
first class mail, postage prepaid, as follows:
NYLIBl/467372/3/lgSg0/00063/vacham/September 1 I, 1998 - 3:21
if to VPSA, to
by hand
by mail
by telecopier
in any case
Virginia Public School Authority
c/o State Treasurer
3rd Floor, James Monroe Building
101 North 14th Street
Richmond, Virginia 23219
Post Office Box 1879
Richmond, Virginia 23218-1879
(804) 225-3187
Attention: Debt Manager
if to WB, to
By hand
By mail
By telecopier
In anv case
Wachovia Bank, N.A.
1021 East Cary Street
Richmond, Virginia 23219
Post Office Box 27602
Richmond, Virginia 23261
(804) 697-7173
Attention: Anthony J. Conte
Vice President
if to the Investment Manager, to
By hand
By mail
By telecopier
In any case
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
(804) 344-6520
Attention: Al Samper
Senior Vice President
NYLIBl/467372/3/18580/OOO63/vachanvSeptember 11, 1998-3:21 22
if to a Local Unit, to the address or telecopier number indicated on the page of this
Agreement executed by such Local Unit.
Any such address or number may be changed by written notice given to all the
other parties to this Agreement and the Investment Manager, except that a Local Unit need give
such notice only to VPSA, WB and the Investment Manager.
Section 23. No Third Party Beneficiaries.
Except as herein otherwise expressly provided, nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person, firm or
corporation other than the parties hereto any right, remedy or claim, legal or equitable, under or
by reason of this Agreement or any provision hereof, this Agreement and all its provisions being
intended to be and being for the sole and exclusive benefit of the parties hereto.
Section 24. Severability.
In case an3, one or more of the provisions of this Agreement shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of
this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid
provision had not been contained herein. In case any covenant, stipulation, obligation or
agreement contained in this Agreement shall for any reason be held to be in violation of law,
then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant,
stipulation, obligation or agreement of the affected party to the full extent permitted by law.
Section 25. No Personal Liability.
All covenants, stipulations, obligations and agreements of VPSA contained in this
Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA
to the full extent authorized by the laws and permitted by the Constitution of Virginia. No
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998- 3:21 23
covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant,
stipulation, obligation or agreement of any present or future member, employee or agent of
VPSA or any Local Unit in his individual capacity. No member, officer, employee or agent of
VPSA or any Local Unit shall incur any personal liability in acting or proceeding or in not acting
or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement
and the applicable laws of the Commonwealth of Virginia.
Section 26. Applicable Law.
This Agreement is executed with the intent that the laws of the Commonwealth of
Virginia shall govern its construction.
Section 27. Counterparts.
This Agreement may be executed in one or more counterparts.
NYLIB1/467372/3/18580/00063/vachanVSeptcmber 11, 1998- 3:21 24
Section 28. Effective Date; Term.
This Agreement shall take effect on the Closing Date and shall expire on the date
on which VPSA shall make the final rebate payment required by Part D of the Letter Agreement.
Virginia Public School Authority
By:
Name:
Title:
Kichard A. Davis
Assistant Secretary and
Assistant Treasurer
Wachovia Bank, N.A.
By:
Name: Anthony J. Conte
Title: Vice President
Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
NYLIBl/467372/3/18580/OOO63/vacham/Septcmber 11, 1998 - 3:21 25
NAME OF ISSUER:
Page 1 of 2
A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section
22 above:
B. Authorized Representative(s):
Name
Title
Specimen Signature
C. Local School Bonds Closing Date (if not November 19, 1998, enter Date of Issue of
Local School Bonds):
D. Is the Small Issuer Exception applicable to this Issuer? (If yes, an opinion of Bond
Counsel and Issuer's covenant is required as per Section 9 herein).
Yes No
E. Eighteen Month Exception Estimated Investment Earnings for purposes of the
Eighteen-Month Exception: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expense allocable to the refunding po:-tion of the issue:
$
NYLIB1/467372/3/lg580/OOO63/vacharn/September 11, 1998- 3:21 26
Name of Issuer:
Page 2 of 2
F. Elections with respect to Two-Year Exception:
1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-
Year Exception:
Yes No
issue:
Estimated Investment Earnings: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expenses allocable to the refunding portion of the issue: $
Bifurcation Election to treat the portion of the issue used for construction as a separate
Yes No
If yes, state the portion of the issue used for construction and non-construction, respectivelyg (the
sum of the following amounts must equal the issue price ors
reduced by any portion used for refunding purposes):
(a) portion of the issue used for construction: S
(b) issuance expenses allocable to the construction portion of the issue: $
(c) portion of the issue used for non-construction: $
(d) issuance expenses allocable to the non-construction portion of the issue: $
5. Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate:
Yes ~ No
City/County
By:
Name:
Title:
NYLIB1/46737213/Ig5go/ooo63/vacham/September 11, 1998 - 3:21 27
Exhibit A
Page 1 of 2
LOCAL SCHOOL BONDS- NON-SUBSIDY
Local Unit
Albemarle County
Bedford County
Buchanan County
City of Chesapeake
Clarke County
King William County
City of Poquoson
Rappahannock County
City of Roanoke
Roanoke County
Spotsylvania County
Stafford County
Principal Amount of Bonds
NYLIBl/467372/3/18580/OOO63/vacharWSeptember 1 I, 1998 - 3:21
A-1
Exhibit A
Page 2 of 2
LOCAL SCHOOL BONDS- SUBSIDY
Local Unit
Augusta County
Campbell County
Giles County
Richmond County
City of Roanoke
Roanoke County
Spotsylvania County
Stafford County
Total:
Principal Amount of Bonds
NYLIBl/467372/3/18580/00063/vachanvSeptember 11, 1998 - 3:21
A-2
Exhibit B
[No requisition is required in conjunction with a check payable
to a vendor in respect of an invoice due and payable.]
FORM OF REQUISITION FOR REIMBURSEMENT BY
PRE-AUTHORIZED WIRE
[To be used for REIMBURSEMENT to a Local Unit from Local
School Bond proceeds for an invoice or obligation that has been
paid and is eligible for payment from Local School Bond
proceeds.]
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit]
BOND PROCEEDS ACCOUNT - SERIES 1998 B ISSUE
Requisition from the Principal Subaccount
Requisition No.
("item number")
This requisition for payment from the Principal Subaccount of the Proceeds Account is
submitted in accordance with the provisions of the Proceeds Agreement dated November 19,
1998, among the Virginia Public School Authority ("VPSA"), the undersigned (the "Local
Unit") and the other units of local government signatory thereto, Mentor Investment Advisors,
LLC, as Investment Manager and Wachovia Bank, N.A.. You are hereby notified that you are
authorized and directed by the Local Unit to pay the following obligation from the Principal
Subaccount:
1. The item number of such payment:
NYLIBl/467372/3/18580/OOO63/vacham/Septcmber 11, 1998 - 3:21
B-1
2. The amount[s] to be paid: $
3. Purpose by general classification for which
incurred:
4. The date(s) the expenditure(s) was/were made:
To reimburse the Local Unit for costs of the
Local Unit through ,19_ as follows:
such obligation was
School paid by the
Dated
5. A copy of each supporting [invoice, work order, statement] for which
reimbursement is to be made is attached hereto.
6. The obligation[s] in the stated amount[s] have been paid, and each item
thereof is a proper charge against the proceeds of the Local Unit's Proceeds
Account and has not been the subject of a previous withdrawal from the Proceeds
Account.
7. All of which is hereby certified.
[Name of Local Unit]
By:
Authorized Local Unit
Representative
NYLIB1/467372/3/18580/00063/vacham/September 11, 1998- 3:21
B-2
Virginia Public School Authority
101 North 14th Street
Richmond, Virginia 23219
Exhibit C
LETTER AGREEMENT
November 19, 1998
Re: Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its 5;
School Financing Bonds (1997 Resolution)
Series 1998 B
This LETTER AGREEMENT, dated the date shown above (this "Letter Agreement"),
is between the Authority and the Investment Manager. All capitalized terms used herein shall
have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the
Proceeds Agreement to which this Letter Agreement is attached as Exhibit C.
With respect to the VPSA's Bonds, the Code requires that an amount equal to the
VPSA's Rebate Requirement be paid to the United States Treasury. With respect to each issue
of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate
Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs the
Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with the
VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement.
To enable VPSA and the Local Units to fulfill their respective obligations under the
Proceeds Agreement and to make such payments, and to enable the Investment Manager to fulfill
its obligations under this Letter Agreement, the Investment Manager will prepare, on or before
December 1, 1999 and each December 1 thereafter, the Investment Reports for VPSA as of the
preceding November 1 and each Local Unit as of the preceding November 1. On the basis of
such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local
Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each
Computation Date for each Local Unit with respect to its issue of Local School Bonds as
described in paragraph 3 of Part B hereto. In addition, the Investment Manager will, based on
the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local
Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required
so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its
Local Unit Rebate Requirement.
NYLIBl/467372/3/18580/OOO63/vacham/September I 1, 1998 - 3:21
C-1
A. Investment Report
With respect to all Nonpurpose Investments acquired during the term of this Letter
Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager
shall maintain separate Investment Reports for each issue of Local School Bonds.
The .Investment Report for each Local Unit shall reflect the investments made with
respect to its Proceeds Account.
B. Rebate Computation on Local School Bonds
VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of
Local School Bonds in accordance with the procedure described below:
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments made, to such Computation Date in accordance with the
requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, transaction costs
incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as
provided in the Information Statement.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments recovered, to such Computation Date in accordance with the
requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to
paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Local Unit Rebate Requirement" as of the Computation Date.
4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not
to charge its general fund or otherwise set aside or earmark funds with which to pay debt service
on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to
VPSA.
5. The Local Unit Rebate Requirement may be treated as being met and no rebate
computation shall be required with respect to the proceeds of the VPSA's Bonds applied to
purchase such Local Unit's Local School Bonds if the VPSA receives the opinions and
covenants or certification described in Section 9A of the Proceeds Agreement that a Local Unit
meets the requirements of the (a) Six-Month Exception, (b) Eighteen-Month Exception, (c)
Small Issuer Exception, or (d) Two-Year Exception, subject to the provisions described below.
NYLIBl/467372/3/lg580/OOO63/vachanvSeptember 11, 1998- 3:21
C-2
(a) Six-Month Exception. Notwithstanding the fact that all of the Gross Proceeds
of the Local School Bonds are spent within six (6) months of the date of issue and no
other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the
term of the issue, if Gross Proceeds of the Local School Bonds become available at~er the
end of the initial six-month period, the Local Unit Rebate Requirement shall be computed
with respect to such Gross Proceeds in accordance with the procedure described above.
(b) Eighteen-MonthException. Notwithstanding the fact that all of the
Gross Proceeds of the Local School Bonds are spent within eighteen (18) months of the
date of issue and no other Gross Proceeds of the Local School Bonds are anticipated for
the remainder of the term of the issue, if Gross Proceeds of the Local School Bonds
become available after the end of the initial eighteen-month period, the Local Unit Rebate
Requirement shall be computed with respect to such Gross Proceeds in accordance with
the procedure described above.
(c) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the
end of calendar year 1998 (i) the opinion of nationally recognized bond counsel that the
Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the
VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (0(2)
and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it
shall provide for the payment of or reimburse VPSA for its payment of the Local Unit
Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to
meet all the requirements of' the Small Issuer Exception, then no rebate computation shall
be made with respect to the proceeds of VPSA's Bonds applied to purchase such Local
School Bonds. Although the Local School Bonds of a Local Unit may qualify for the
Small Issuer Exception, custody, investment and disbursement of the proceeds of the
VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall
continue under the Proceeds Agreement, and the Investment Manager shall continue to
provide an Investment Report for such Local Unit.
6. In addition to the foregoing, no rebate computation shall be required with respect to
the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a
Penalty Election has been made on behalf of the Local Unit with respect to such Local School
Bonds.
C. Aggregate Rebate Computation on Local School Bonds
In the event that the Treasury Regulations require that the Local Units' Rebate
Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units'
Rebate Requirement in accordance with the procedure set forth below.
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
C-3
made the Penalty Election), as well as any rebate payments made, to such Computation Date in
accordance with the requirements of the Treasury Regulations.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date
in accordance with the requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to
paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Aggregate Local Units' Rebate Requirement" as of the Computation Date.
D. Rebate Payment
1. Upon the calculation of the Local Unit Rebate Requirement for each Local Unit,
VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly
charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit
of its Income Subaccount is less than its Local Unit Rebate Requirement and credit its Income
Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal
to such Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon). To the extent that the amount on
deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income
Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate
Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit
of the amount of the deficiency so that the Local Unit may promptly transfer to WB the amount
required pursuant to Section 12 of the Proceeds Agreement.
2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall
calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired
with the Gross Proceeds of the VPSA's Bonds in accordance with the procedures set forth in the
Tax Certificate executed by VPSA in connection with the issuance of the VPSA's Bonds.
3. The Local Unit Rebate Requirement for each Local Unit, if a positive number, shall
be paid at the direction of VPSA to the United States in installments. Each payment shall be
made not later than sixty (60) days after each Computation Date. Each payment must be in an
amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for
each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate
Requirement must be paid to the United States within sixty (60) days after the Final Computation
Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania
19255 and be accompanied by Form 8038-T. VPSA shall make such payment as required.
Investment Reports and records of the determinations made hereunder shall be retained by the
Investment Manager and by VPS& respectively, until six (6) years after the retirement of the last
of VPSA's Bonds.
NYLIBl/467372/3/lg580/OOO63/vacham/Septcrnber 1 I, 1998- 3:21
C-4
E. Definitions
In addition to the words and terms defined in the Proceeds Agreement to which this
Letter Agreement is attached as Exhibit C, the following words and terms shall have the
following meanings:
"Bond Resolution" shall mean the resolution of the Authority adopted on October 23,
1997.
"Fair Market Price" shall mean the purchase price and disposition price of a Nonpurpose
Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price.
An investment that is not of a type traded on an established market, within the meaning of
Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that is
not equal to its fair market value. Accordingly, a premium may not be paid to adjust the yield on
an investment, a lower interest rate than is usually paid may not adjust the yield on an investment
and no transaction may result in a smaller profit or larger loss than would have resulted if the
transaction had been at arm's-length and had the yield with respect to the Bonds not been
relevant to either party. Pursuant to Treasury Regulation Section 1.148-5(d), the following are
safe harbors for establishing the Fair Market Price of certificates of deposit and guaranteed
investment contracts:
(i) Certificate of Deposit. A certificate of deposit with a fixed interest rate,
fixed payment schedule and a substantial penalty for early withdrawal will be deemed
purchased for fair market value if the yield on the certificate of deposit is not less than (i)
the yield on reasonably comparable direct obligations of the United States and (ii) the
highest yield published or posted by the provider to be currently available from the
provider on reasonably comparable certificates offered to the public. See Section 1.148-
5(d)(6)(ii) of the Treasury Regulations.
(ii) Investment Agreement. Investments pursuant to a guaranteed investment
agreement will be regarded as being made at fair market price if (i) the Issuer makes a
bona fide solicitation for a specified guaranteed investment contract; (ii) the Issuer
receives at least three bona fide bids on the investment contract from providers that have
no material financial interest in the Bonds (including as underwriter); (iii) the winning
bidder provides a certificate that (A) lists all recipients, amounts and purposes of each
brokerage fee, placement fee, commission or other similar payment to third parties paid
by or on behalf of the winning bidder in connection with the guaranteed investment
contract, (B) states that the yield on the guaranteed investment contract is not less than
the yield available from the provider on reasonably comparable guaranteed investment
contracts offered to other persons from sources of funds other than gross proceeds of
tax-exempt bonds, and (C) in those agreements wherein the Issuer deposits amounts,
states that the Issuer's reasonably expected draw-down schedule (other than for amounts
deposited in debt service funds or reasonably required reserve or replacement funds) was
a significant factor in the determination of the terms of the guaranteed investment
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998- 3:21
C-5
contract; (iv) the Issuer purchases the highest yielding guaranteed investment contract for
which a qualifying bid was made (determined net of broker's fees); and (v) the terms of
the guaranteed investment contract, including the collateral security requirements, are
reasonable have the same meaning as set forth in the Treasury Regulations.
"Future Value" of a payment or receipt at the end of any period is determined using the
economic accrual method and equals the value of that payment or receipt when it is paid or
received (or treated as paid or received), plus interest assumed to be earned and compounded
over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding
interval and financial conventions used to compute that yield.
"Gross Proceeds" shall have the meaning ascribed to such term in Section 148 of the
Code and shall mean:
(a) amounts actually received or constructively received by VPSA from
the sale of the VPSA's Bonds and the amounts actually or constructively received
by the Local Units from the sale of the Local School Bonds, other than any
interest accruing on the VPSA's Bonds from the dated date to the issue date of
such bonds;
(b) amounts treated as Transferred Proceeds (as defined in Treasury
Regulations Section 1.148-9) of the VPSA's Bonds or the Local School Bonds, if
any;
(c) amounts that are reasonably expected to be or are in fact used to pay
debt service on the Bonds including amounts in the sinking fund portion of the
1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under
the Bond Resolution;
(d) securities or obligations pledged by the VPSA or Local Unit as
security for payment of debt service v/ith respect to the VPSA's Bonds or the
Local School Bonds;
(e) amounts received with respect to any investments acquired with Gross
Proceeds for the purpose of carrying out the governmental purpose for which the
VPSA's Bonds or the Local School Bonds were issued, including the Local
School Bonds, except that such amounts shall not include amounts, if any, that are
properly allocable to qualified administrative costs recoverable under Treasury
Regulation Section 1.148-5(e) or to the higher yield permitted under Treasury
Regulation Section 1.148-2(d) or Section 143(g) of the Code;
(f) amounts treated as "replacement proceeds" of the VPSA's Bonds or
the Local School Bonds within the meaning of section 1.148-1(c) of the Treasury
Regulations;
NYLIB1/467372/3/lg580/00063/vacham/September 11, 1998 - 3:21
C-6
(g) any funds that are part of a reserve or replacement fund for the VPSA
Bonds or Local School Bonds; and
(h) amounts received as a result of investing any Gross Proceeds.
Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to the
extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local
School Bonds. The determination of whether an amount is included within this definition shall
be made without regard to whether the amount is credited to any fund or account established
under the Bond Resolution, or whether the amount is subject to the pledge of the Bond
Resolution.
For purposes of subsection (d) above, an amount is pledged to pay principal or interest
with respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the
amount will be available for such purposes in the event that the VPSA or Local Unit encounters
financial difficulties. An amount can be indirectly pledged to pay principal or interest with
respect to VPSA's Bonds or Local School Bonds if it is pledged to a guarantor of either or both
such bonds. An amount may be "negatively" pledged to pay principal or interest with respect to
VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at
a particular level for the direct or indirect benefit of the holders of the bonds or a guarantor of the
bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may grant
rights in the amount that are superior to the rights of the holders of the bonds or a guarantor of
the bonds, or (ii) the amount does not exceed reasonable needs for which it is maintained, the
required level is tested no more frequently than every 6 months, and the amount may be spent
without any substantial restriction other than a requirement to replenish the amount by the next
testing date.
If a decision is made to apply any insurance or condemnation proceeds to the redemption
of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or
replacement, any such proceeds become Gross Proceeds on the date of such a decision.
The definition of Gross Proceeds has been set out in full for the sake of completeness.
With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local
Unit's Proceeds Account except to the extent that the Local School Bonds may be part of a
composite issue under Treasury Regulation §l.150-1(c), or the Local Unit may have retained
Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total
of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided
above, and the amounts on deposit in the sinking fund portion of its 1997 Income Fund under the
Bond Resolution and the 1997 Sinking Fund under the Bond Resolution.
"Investment Report" shall mean the record of investment activity maintained by the
Investment Manager with respect to the investment property and the Local Units, as described in
the Letter of Instructions to the Investment Manager from the Treasury Board of the
Commonwealth of Virginia dated May 4, 1994.
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
C-7
"Local Unit's Rebate Requirement" shall mean the sum of (i) the excess of (A) the
aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of the
Local School Bonds over (B) the amount that would have been earned if the Nonpurpose
Investments had a Yield equal to the VPSA's Bond plus (ii) any income attributable to the excess
described in clause (i).
. "Nonpurpose Investments" shall mean any security, obligations, annuity contract or any
other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury
Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or
the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments.
Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase
price of the Nonpurpose Investment is the Fair Market Price.
"Rebate Calculation Agent" shall mean that accounting firm with a favorable national
reputation in the field of the calculation of amounts subject to rebate to the United States under
Section 148(0 of the Code and the Temporary Regulations that has been appointed under Section
9.2 of the Contract or by VPSA.
"Tax-Exempt Investments" shall include:
(i) obligations the interest on which is excludable from gross income for
federal income tax purposes, and not treated as an item of tax preference under
Section 57(a)(5)(C) of the Code,
(ii) stock in a regulated investment company to the extent that at least 95%
of the income to the holder of the interest is excludable from gross income under
Section 103 of the Code, and
(iii) certificates of indebtedness issued by the United States Treasury
pursuant to Demand Deposit State and Local Government Series program
described in 31 CFR part 344 ("SLGs").
"Treasury Regulations" shall mean the Treasury Regulations Sections 1.148-0 through
1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(e)-1, 1.149(g)-1, Section 1.150-1 and Section 1.150-2, as
amended from time to time hereafter, and other regulations promulgated under Section 148 of
the Code.
"VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate
amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's
Bonds over 03) the amount that would have been earned if the Nonpurpose Investments had a
Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in
clause (i).
"Yield", for purposes of this Letter Agreement, shall be calculated pursuant to the
Treasury Regulations by means of an actuarial method of yield calculation whereby "yield"
means that discount rate which, when used in computing the present value of all the
unconditionally payable payments of principal and interest and all the payments for a qualified
NYLIB1/467372/3/lgSg0/00063/vacham/September 11, 1998 - 3:21
C-8
guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue
price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is
%. The Yield on investments must be computed by the use of the same frequency
interval of'compounding interest as is used in computing the Yield on the VPSA's Bonds and the
Local School Bonds.
NYLIBl/467372/3/lg580/OOO63/vacham/September 11, 1998- 3:21
C-9
F. Amendments
In order to comply with the covenants by VPSA and each of the Local Units regarding
compliance with the requirements of the Code and the exclusion from federal income taxation of
the interest paid and to be paid on the Local School Bonds and VPSA's Bonds, the procedures
described in this Letter Agreement may be modified as necessary, based on the advice of
counsel, to comply with rulings, regulations, legislation or judicial decisions as may be
applicable to such bonds.
Very truly yours,
VIRGINIA PUBLIC SCHOOL AUTHORITY
By:
Name:
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Accepted: Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
NYLIB1/467372/3/18580/OOO63/vacham/Septemb~r 11, 1998- 3:21
C-10
AUTHORIZED REPRESENTATIVES
Exhibit D
The following are the Authorized Representatives of Virginia Public School Authority,
Wachovia Bank, N.A. and Mentor Investment Advisors, LLC
VIRGINIA PUBLIC SCHOOL AUTHORITY:
Name
Richard A. Davis
Gary Ometer
Title
Assistant Secretary
and Assistant Treasurer
Assistant Secretary
and Assistant Treasurer
Specimen Signature
Name
Anthony J. Conte
WACHOVIA BANK, N.A.:
Title
Vice President
Specimen Sir, nature
Al Samper
Name
MENTOR INVESTMENT ADVISORS, LLC:
Title Specimen Signature
Senior Vice President
NYLIBI/467372/3/18580/O0063/vacham/September 11, 1998 - 3:21
D-1
The Roanoke Times
Ad Number: 880835
Publisher's Fee: $122.40
ROANOKE CITY SCHOOLS
RICHARD L. KELLEY, ASST.
P. O. BOX 13145
ROANOKE, VA 24031
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:
09/21/98 FULL RUN - Monday
09/28/98 FULL RUN - Monday
Witnes~hday of September 1998
Authorized Signature
NOTICE OF PUBUC HEARING
ON PROPOSED 80ND
FINANCING BY THE CITY
OF ROANOKE, VIRGINIA
Notice is hereby given that the
Council of the City of Roanoke,
Virginia (the "Council") will hold
a public hearing, which may be
continued or adjourned, as
required under applicable law,
at 2:00 P.M. on October 7,
1998, at the Municipal Build.
lng, 215 Chumh Avenue, S.W., '
Roanoke, Virginia, in connec-
tion with the intention of the
Council to consider for passage
a resolution approving the issu-
ance by the City of its general
obligation bend or bonds in an
amount not to exceed
'1,250,000 (the "Bonds") for
the purpose of financing cer-
tain capital improvements in
connecUon with Huff Lane Ele.
mefltary School in the City of
Roanoke. Any citizen interested
in the issuance of the Bends
may appear and be heard.
Given under my hand this 21
day of September, 1998.
Mary F. Parker, City Clerk
Roanoke, Virginia
(88O835)
NOTICE OF PUBLIC HEARING ON
PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council")
will hold a public hearing, which may be continued or adjourned, as required under applicable law,
at 2:00 P.M. on October 7, 1998, at the Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, in connection with the intention of the Council to consider for passage a resolution
approving the issuance by the City of its general obligation bond or bonds in an amount not to
exceed $1,250,000 (the "Bonds") for the purpose of financing certain capital improvements in
connection with HuffLane Elementary School in the City of Roanoke. Any citizen interested in
the issuance of the Bonds may appear and be heard.
Given under my hand this 21 ,day of September, 1998.
Mary F. Parker, City Clerk
Roanoke, Virginia
Note to Publisher:
Please publish once in The Roanoke Times on Monday, September 21, 1998 and Monday,
September 28, 1998.
Send Publisher's Affidavit to:
George J.A. Clemo, Esquire
Woods, Rogers & Hazelgrove, P.L.C.
P.O. Box 14125
Roanoke, VA 24038-4125
Send Publisher's Affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Room 456, Municipal Building
Roanoke, Virginia 24011-1536
Send the Bill to:
Richard L. Kelley, Assistant Superintendent
of Operations
Roanoke City Schools
P.O. Box 13145
Roanoke, VA 24031
RKE#0552615.WPD
C/M: 077826-0(X)18-01
NOTICE OF PUBUC HEARING
ON PROPOSED BOND
FINANCING BY THE CITY
OF ROANOKE, VIRGINIA
Notice is hereby given that the
Council of the City of Roanoke,
Vir~nia (the "Council") will hold
a public hearing, which may be
continued, or adjourned, as
required under applicable law,
at 2:00 P.M. en October 7,
1998, at the Municipal Build-
ing, :~15 Church Avenue, S.W.,
Roanoke, Virginia, in connec-
tion with the Intention of the
Council to consider for passage
a resolution'approving the issu-
anco by the City of its general
obligation bond or bends in an
amount not to exceed
'1,250,0OO (the "Bonds") for
the purpose of financing cer-
tain capital improvements in
connection with Huff Lane Ele-
mentary School in the City of
Roanoke. Any citizen Interested
in the issuance of_,t~e Bonds
may appear and be]~'ard.
Given under my hand this 21
day of Septemhor,~1998.
Mary F. Parker, City Clerk
NOTICE OF PUBLIC HEARING
ON PROPOSED BOND
RNANCING BY THE CiTY
OF ROANOKE, ViRGINIA
Notice is hereby given that the
Council of the City of Roanoke,
Virglrda (the "Council") will hold
· publle haadng, which may be
Oantlnued or adjourned, as
required under applicable law,
at 2:00 P.M. on October 7,
199~, at the Municipal BOlM-
lng, 215 ChurCh. Avenue, S.W.,
Roanoke, vi~nie, in conne~-
Council to cmmldor fer Pease~e
· re~olutlen ppp~Mng the I~u.
ance by the City of its ~aneral
obligation ben~! er bonde in an
emount not to exceed
'1,250,000 (the 'Bonds")' for
tatn coPitaJ Improvements in
mentmy Schoo! in the City of
Roanoke. Any citizen Mterestad
in the issuance of the Bonds'
may appear and tm heard.
Given under my. hand this 21
day o~ September, 1998.
Ma~j F. Pinker, City Clerk
Roanoke, Virginia
(880~35)
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
October 12, 1998
File #53-60-467
Marsha W. Ellison, Chair
Roanoke City School Board
2130 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 34026-100798 authorizing the issuance of not to
exceed $5,200,000 General Obligation School Bonds of the City of Roanoke, Virginia,
Sedes 1998-A, to be solc~ to the Virginia Public School Authority and providing for the form
and details thereof. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public
Schools
William X Parsons, Assistant City Attorney
Mary F. Parker, CMCIAAE
cay C~rk
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
File #53-60-467
Sandra H. Eakin
Deputy Cay Ct. rk
William X Parsons
Assistant City Attorney
Roanoke, Virginia
Dear X:
Pursuant to Resolution Nos. 34025-100798 and 34026-100798, item 13, I am attaching
certified copies of the abovedescribed measures for filing with the Circuit Court of the City
of Roanoke.
MFP:Io
Attachment
Sincerely,
Mary F. Pa~r,
City Clerk
CMCIAAE
[Addison]
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
THE 7TH DAY OF OCTOBEI~ 1998..
No. 34026-100798.
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$$,200,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIF. S 1998-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHERFAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"),
has determined that it is necessary and expedient to borrow not to exceed $5,200,000 and to issue
its general obligation school bonds for the purpose of financing certain capital projects for school
purposes; and
WHEREAS, the City held a public heating, duly noticed, on October 7, 1998, on the
issuance of the Bonds (as deemed below) in acco~ce with the requirements of Section
15.2-2606, Code of Vir~nla 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter deem.ed);
NOW, TI'I~RF. FORI~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bolad~ and Use of Proe__,ma-. The Council hereby determines that
it is advisable to contract a debt and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $5,200,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. The Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell
to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the
Mayor and the City Manager, that is not less than 99% of par and not more than 103% of par
upon the t~ims established pursuant to this Resolution. The Mayor, the City Manager, and such
officer or officers of the City as either may designate are hereby authorized and directed to enter
into a Bond Sale Agreement dated as of October 9, 1998, with the VPSA providing for the sale
RKF-~ 0555126.WPD
077826-00017-01
of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting,
which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bond~. The Bonds shall be dated the date of issuance and delivery of
the Bonds; shall be designated "General Obligation School Bonds, Series 1998-A"; shall bear
interest from the date of delivery thereof payable semi-annually on each January 15 and July 15
beginning July 15, 1999 (each an "Interest Payment Date"), at the rates established in accordance
with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal
Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal
Installments"), subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal InstallmentS, The City Manager is hereby authorized
and directed to accept the inawest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid
by the VPSA for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided fur~er that the true interest cost of the Bonds does not exceed six and one-
half percent (6½%) per annum. The Interest Payment Dates and the Principal Installments are
subject to change at the request of the VPSA. The City Manager is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of the VPSA, provided that the ~ principal amount of the Bonds shall not exceed
the amount authorized by this Resolution. The execution and delivery of the Bonds as described
in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and
Interest Payment Dates and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shah be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Pavin~ At_ent and Bond R _e~istra~'. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available
funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal
Payment Date or date fixed for prepayment or redemption, or if such date is not a business day
for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the
business day next preceding such Interest Payment Date, Principal Payment Date or date fixed
for prepayment or redemption.
Co) All overdue payments of principal and, to the extent permitted by law, interest shall
RKFJ O~128.VVPO
~ 07782e-00017-01 2
bear interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by the
VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held
by the VPSA may be exchanged that mature on or before July 1:5, 2009, are not subject to
prepayment or redemption prior to their stated maturities. The Principal Installments of the
Bonds held by the VPSA coming due after July 15, 2009, and the definitive bonds for which the
Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to
prepayment or redemption at the option of the City prior to their stated maturities in whole or
in part, on any date on or afl. er July 15, 2009, upon payment of the prepayment or redemption
prices (expressed as percentages of Principal Installments to be prepaid or the principal amount
of the Bonds to be redeemed) set forth below plus accn~ interest to the date set for prepayment
or redemption:
Dates Prices
July 15, 2009 through July 14, 2010
July 15, 2010 through July 14, 2011
July 15, 2011 and thereafter
102%
101
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption
prior to their stated maturities as described above without first obtaining the written consent of
bth, e.,regi~ster~, ..ow~. er of the. Bonds... Notice of any such prepayment or redemption shall be given
y me tJond Registrar to the registered owner by registered mail not more than ni~ety (90) and
not less than sixty (60) days before the date fixed for prepayment or redemption.
8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy
Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the
seal of the City thereto.
9. Pledee of Full !~'~I1~ mnti Credit. For the prompt payment of the principal of and
premium, ff any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall
be outstanding there shall be levied and collected in accordance with law an annual ad yalorem
tax upon all taxable property in the City subject to local taxation sufficient in amount to provide
for the payment of the principal of and premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which tax shall be without limitation
as to rate or amount and in addition to all other taxes authorized to be levied in the City to the
RKE# 0555126.WP0
C~: 077826-000174)1
extent other funds of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized
and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting
forth the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Council
covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will
be invested and expended as set forth in such Certificate as to Arbitrage and such Use of
Proceeds Certificate and that the City shall comply with the other covenants and representations
contained therein and (ii) the City shall comply with the provisions of the Code so that interest
on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal
income tax purposes.
I 1. State Non-Arbitra~e Program; Pro¢~,l_s Am'eementJ The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the
City Manager and such officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver a Proceeds Agreement v~ith respect to the deposit
and investment of proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and thc depository, substantially in the
form submitted to the Council at this meeting, which form is hereby approved.
12. Continuim~ Disclosure _,aUm~ement. The Mayor, the City Manager and such officer
or officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement,
setting forth the reports and notices to be filed by the City and containing such covenants as may
be necessary in order to show compliance with the provisions of the Securities and Exchange
Commisdon Rule 15c2-12 and directed to make all f-dings required by Section 3 of the Bond Sale
Agreement should the City be determined by the VPSA to be a MOP (as defined in the
Continuing Disclosure Agreement).
13. Filin~ of R~solution~ The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the City.
14. Further Actions. The members of the Council and all officers, employees and
agents of the City are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Bonds and any
RKE~ 0555126.WPD
C,~I: 077826-00017-01 4
such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct exlract from the minutes of a meeting of the City Council
held on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to
in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting
and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that
the attendance of the members and voting on the foregoing resolution was as follows:
Present Absent AW Nay Abstain
David A. Bowers, Mayor x
C. Nelson Harris, Vice
Mayor
W. Alvin Hudson, Jr.
Carroll E. Swain
James O. Trout
William White, Sr. x
Lynda F. Wyatt x
X
X
x
x
x
x
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 1998.
day of
[SEAL]
City Clerk,
City of Roanoke, Virginia
RKFJ 0555126.WPD
077826..00017-01
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF
General Obligation School Bond
Series 1998-A
The CITY OF ROANOKE, VIRGINIA .(the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and
annually on July 15 thereat~er to and including July 15, 2018 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semiannually
on January 15 and July 15 of each year, commencing on July 15, 1999 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth
on Schedule I attached hereto, subject to prepayment or redemption as hereinat~ provided. Both
principal of and interest on this Bond are payable in lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
Crestar Bank, Richmond, V'uginia, as bond registrar (the "Bond Registrar"), shall make all payments
of principal, pmmimn, if any, and interest on this Bond, without the presentation or surrender hereof,
to the Vir~nia Public School Authority, in immediately available funds at or before 11:00 am. on
RKF.~ 0555173.WPD
the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly
to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the
extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond
Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of V~,inla 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property
in the City subject to local taxation sufficient to provide for the payment of the principal, premium,
if any, and interest on this Bond as the same shall become due, which tax shall be without limitation
as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to
the extent other funds of the City are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth of Virgi~'nla, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code of Virgi~'nla 1950, as amended, and resolutions duly adopted by the Council of the
City and the School Board of the City to provide funds for capital projec'ts for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully
registered form, in denominations of $5,000 and whole multiples thereof, and having an equal
aggregate principal amount, having principal installments or maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the
books of the City kept by the Bond Registrar, and the transfer of this Be;nd may be effected by the
registered owner of this Bond only upon due execution of an assignment by such registered owner.
Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange
this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on
such registration books in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2009 and the
defirfifive Bonds for which this Bond may be exchanged that mature on or before July 15, 2009, are
not subject to prepayment or redemption prior to their stated maturities. The principal installments
of this Bond coming due afl. er.Inly 15, 2009, and the definitive Bonds for which this Bond may be
exchanged that mature after .Iuly 1:5, 2009, are subject to prepayment or redemption at the option
of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2009,
upon payment of the prepayment or redemption prices (expressed as percentages of principal
installments to be prepaid ortbe principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
a~.~ 0sss~?3.~ A-3
Dates
July 15, 2009 through July 14, 2010
July 15, 2010 through July 14, 2011
July 15, 2011 and thereafter
Prices
102%
101
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior
to their stated maturities as described above without the prior written consent of the registered owner
of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar
to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days
before the date fixed for prepayment or redemption.
AH acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed
by the Constitution and laws of the Commonwealth of Virginia.
R~ o555~73.w~ A-4
IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia has caused this
Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or
Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated ,1998.
(SEAL)
CITY OF ROANOKE, VIRGINIA
ATTEST:
Clerk, City of Roanoke,
Virginia
Mayor, City of Roanoke,
Virginia
Rgr~ 0555173.WPO A-5
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof; with full power of substitution in the premises.
Date:
Signature Guarani:
(NOTICE: Signatures) must be
guaranteed by an "eligible ~mrantor
institution" meeting the req~ents
of the Bond Registrar which
requirements will include Membership or
Registered Owner
(NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the front of this
Bond in every particular, without alteration
or change.)
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
~K~ OSSS~?~.W~O A-6
SC~.EDULE I
Virginia PubLic School Authority
Serte~ 1~98 B - City of Roanoke
Estimate of L~L $ch~L B~ O~t Semite
D~ Se~ca S~e
Dire Principal Coupon interest Period Total Fiscal TotlL
7/15/99 250,000.00 4.100000 149,730.90 399,730.90
1/15/ 0 109,56?..50 109,56Z.50 509,Z93.40
7/15/ 0 :)50,000.00 4.100000 109,56~.50 359,56?..50
1/15/ I 104,437.50: 104,437.50 4M,000.00
7/15/ I 250,000.00 4.100000 104,437.50 354,437.50
1/15/ :) 99,31:).50 99,31Z.50 453,7~0.00
?/15/ 2 250,000.00 4.100000 99,312.50 349,31:).50
1/15/ 3 94,187.50 94,187.50 443,500.00
7/15/ 3 250,000.00 4.100000 9~o18T.50 3M,18T.50
1/15/ 4 89,06Z~50 89,06Z.50 433,~0.00
7/15/ 4 250,000.00 4.100000 89,tW.50 339,06Z.50
1/15/ S 83,937.50 83,937.50 425,000.~
7/15/ 5 250,000.00 4.600000 83,937.50 333,937.50
1/15/ 6 78,187.50 78,187.50 412,125.00
?/15/ 6 250,000.00 4.4~)0000 78,187.50 3Z8,187.50
1/15/ 7 7'~,437.50 ~2,437.$0 400,625.00
?/15/ ? 250,000.00 4.600000 ~Z,437.50 3:):),437.50
1/15/ 8 66,687.50 66,687.50 389,125.00
7/15/ 8 250,000.00 4.6(XX~ M),68T.50 316,687.50
1/15/ 9 60,937.50 60,937.50 377,6:)5.00
7/15/ 9 250,000.00 4.MXXXX) 60,937.50 310,937.50
1/15/10 55,187.50 55,187.50 3~6,1P.5.00
7/15/10 250,000.00 4.44)0000 55,187.50 305,187.50
1/15/11 49,437.50 49,437.50 354,6~.5. O0
7/15/11 250,000.00 4.700000 (*9,437.50 299,437.50
1/15/1Z 43,562.50 : 43,562.50 343,000.00
7/15/lZ 250,00O.OO /,. 80(X)O0 43,5~.50 Z93,5~.$0
1/15/13 37,S6Z.50 37,56Z.50 331,125.00
7/15/13 250,000.00 4.850000 37,56Z.50 ZST, S6Z.50
1/15/14 31,500.00 31,500.00 319,06Z.50
7/15/14 250,000.00 4.950000 31,$00.00 Z81,500.00
1/15/15 25,31:).50 25,31:).$0 306,81:).50
7115115 250,000.00 5.000000 25,31:).50 273,3Ia. SO
?/15/16 19,06Z.50 19,06Z.$0 294,375.00
7/15/16 250,000.00 5.050000 19,06Z.50 Z69,067..50
1/15/17 12,730.00 12,750.00 281,812.50
7/15/17 250,000.00 5.100000 12,750.00 262,7~0.00
1/15/18 6,375.00 6,375.00 269,17.5.00
?/15/18 250,000.00 5.100000 6,373.00 Z$6,373.00
1/15/19 256,375.00
Date: C}9-03-1998 8 16:51:06 File~a.~: VPSA Key: 988-RNKCZTY
Virginia PubLic School Authority
$orlez 1998 ! - City of lloanoko
E.tim~to of LocJL School Bond D~bt Service
Dote PrtmipaL Coupon interest Period TotoL Fisr.~[ Total
5,000,000.00 Z,4ZS,730.90 ?,&Z8,730.90
ACCWJ~
5,000,000.00 2,42~,730.90'-
Doted 11/20/98 uith DeLtvory of 11/20/98
Bond Yeor~ 50,763.889
Averege Coupm &. 784367
A~erege Lifo 10.152778
# I C ~ ~.707&OS-X Using
100.7813500
Wolttod Iorlt Yeoro 51,044.361
Woi~htod Average Lifo lO.1Z97Z&
t;ei~htod # I C Z 4.6815&2
T ! C Z 4.650723
Arbitr~ge YieLd 4.650723
uztne 100.7813500
DeLivery Dote
Date: 09-03-1998 g 16:51:06 FtLen~e: VPSA l(ey: 98~-RNKCITY
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 9, 1998
[Addison]
Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia
Sale Date: Not earlier than October 26, nor later than November 12, 1998
Closing Date: On or about November 19, 1998
Principal Amount (Requested): $5,000,000
Amortization Period: Up to Twenty (20) Years
1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general
obligation school bonds at a price, determined by the VPSA to be fair and accepted by you,
that is not less than 99% of par and not more than 103% of par in the Principal Amount set
forth above (as authorized by your bond resolution) from the proceeds of the VPSA's bonds,
the sale of which is scheduled to take place on the Sale Date.
You represent that on or before October 9, 1998, your local governing body will have duly
authorized the issuance of your bonds by adopting a resolution in the form attached hereto
as Appendix B (the "local resolution") and that your bonds will be in the form set forth in
the local resolution. Any changes that you or your counsel wish to make to the form of the
local resolution and/or your bonds must be approved by the VPSA prior to adoption of the
local resolution by your local governing body.
You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which
agreement is hereby incorporated by reference herein and expressly made a part hereof for
all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of
the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose
local school bonds pledged under VPSA's 1997 Resolution compromise more than 10% of
the total principal amount of the pool of all such local school bonds. MOP status will be
determined by adding to the principal amount of your local school bonds to be sold to the
VPSA and the principal amount of your local bonds previously sold to the VPSA and
currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the
face value of all local school bonds pledged under VPSA's 1997 Resolution. If you are a
RKE# 0555121 .WPD
C/M: 077826-00017-01
MOP, the VPSA may require that you file all the information described in the following
paragraph prior to VPSA's mailing its Preliminary Official Statement, currently scheduled
October 9, 1998.
You acknowledge that if you are a MOP following the issuance of your local school bonds
that are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference
in its Preliminary Official Statement and final Official Statement the information respecting
you ("Your Information") that is on file with the Nationally Recognized Municipal Securities
Information Repositories ("NRMSIRs") and the Municipal Securities Rulemaking Board
("MSRB"). Accordingly, if it appears that you will be a MOP following the delivery of your
local school bonds to the VPSA in connection with this sale, you hereby represent and
covenant to the VPSA that you will file such additional information, if any, as is required
so that Your Information, as of each of (i) the date of the VPSA's Preliminary Official
Statement (expected to be October 9, 1998), (ii) the date of sale of the VPSA's final Official
Statement (expected to be October 28, 1998) and (iii) the date of delivery of VPSA's bonds
(expected to be November 19, 1998), will be tme and correct and will not contain any untrue
statement of a material fact or omit to state a material fact which should be included in Your
Information for the purpose for which it has been filed or which is necessary to make the
statements contained in such information, in light of the circumstances under which they
were made, not misleading. You further agree to furnish to the VPSA a copy of all filings
you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such
copy will be furnished to the VPSA on the same day that any such filing is made.
Whether you are or are not initially a MOP, the VPSA will advise you by September 1 of
each year as to whether you were a MOP as of the end of the preceding fiscal year and will
also advise you of your status as a MOP as of any other date upon your written request.
VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms
and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution
(see Appendix B attached hereto) and the school board resolution (see Appendix E attached
hereto), (c) an executed agreement, among VPSA, you and the other local units
simultaneously selling their bonds to VPSA, Wachovia Bank, N.A. and Mentor Investment
Advisors, LLC, the depository and the investment manager, respectively, for the State Non-
Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the
proceeds of your bonds and the other general obligation school bonds, and the payment by
you and the other local units of the allocable, associated costs of compliance with the
Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your
participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of
Proceeds Certificate in the form attached hereto as Appendix C, (e) if you will be a MOP
on the date of delivery of your local school bonds, your certificate dated the date of the
delivery of the VPSA's bonds to the effect that Your Information was as of the date of the
VPSA's Preliminary and final Official Statements, and is as of the date of the certificate, true
and correct and did not and does not contain an untrue statement of a material fact or omit
to state a material fact which should be included in Your Information for the purpose for
which it has been filed or which is necessary to make the statements contained in such
RKE# 0555121.WPD
C/M: 077826-00017-01 2
information, in light of the circumstances under which they were made, not misleading, (f)
an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the
validity of the bonds and the exclusion from gross income for federal and Virginia income
tax purposes of the interest on your bonds, the conformity of the terms and provisions of
your bonds to the requirements of this Bond Sale Agreement including the appendices
attached hereto, and the due authorization, execution and delivery of this Bond Sale
Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity
of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the
other customary closing documents not listed above, (h) the proceeds of VPSA's bonds (ii)
if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate
of participation or other form of interim financing (the "Interim Security") receipt by VPSA
of (A) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will
be defeased according to the provisions of the instrument authorizing the Interim Security
or that cash and/or the maturing principal and interest on securities will be sufficient to pay
the principal, interest and any redemption premium on the Interim Security have been
irrevocably placed in escrow for the benefit of the holder(s) of the Interim Security and (B)
an executed copy of the escrow deposit agreement/letter of instruction providing for the
retirement of the Interim Security and (iii) your compliance with the terms of this agreement.
Two complete transcripts (one original) of the documents listed above shall be provided by
your counsel to the VPSA on the Closing Date or, with VPSA's permission, as soon as
practicable thereafter but in no event more than thirty (30) ~ business days after the Closing
Date.
5. This Bond Sale Agreement shall take effect on October 9, 1998.
Virginia Public School Authority
City of Roanoke, Virginia
By:
Authorized VPSA Representative
By:.
Name:
Title:
RKE# 0555121.WPD
C/M: 077826-00017-01
(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire
attached hereto as Appendix D, no later than close of business on October 9, 1998 to Richard
A. Davis, Debt Manager, Virginia Public School Authority, [by mail] P. O. Box 1879,
Richmond, Virginia 23218-1879 or [by hand or courier service] James Monroe Building- 3rd
Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body or bond counsel
requires more than one originally signed Bond Sale Agreement, please send the appropriate number;
all but one will be returned at closing.
RKE# 0555121.WPD
C/M: 077826-00017-01 4
APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
[Addison]
Described below are terms of the local school bonds which must be embodied in your bond
resolution and bond form and other conditions which must be met in order for VPSA to purchase
your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless
and until such terms are present in the related bond resolution and bond form adopted by your
governing body and such conditions are met.
Interest and Principal Payments
Your bonds will bear interest from the Closing Date~ set forth in the Bond Sale Agreement
and will mature on July 15 of the years and in the amounts as established by VPSA. Your
bonds will bear interest payable in installments due semiannually on January 15 and July 15.
The first interest installment will be payable on July 15, 1999 and the first principal
installment will be payable on July 15, 1999. Your bonds will bear interest at rates 10 basis
points (0.10%) above the actual rates on VPSA's bonds with corresponding principal payment
dates.
Payment
For so long as the VPSA is the registered owner of your bonds,
If VPSA does not purchase your local school bonds on the Closing Date due to your
fault, VPSA will invest, in demand or overnight investments, the amount of its
bond proceeds to be used to purchase your local school bonds. If you cure your
failure to deliver your local school bonds within the sixty (60) day period
following the Closing Date, the VPSA will purchase your local school bonds and
your bonds will bear interest from the date of delivery and payment or other
date satisfactory to the VPSA. You will, however, be required to pay to VPSA
an amount equal to the positive difference, if any, between the amount of
interest that would have accrued on your local school bonds from the Closing
Date to your actual closing date and the amount of interest income VPSA was
able to earn, during such period, from the investment of its bond proceeds
pending their use to purchase your bonds.
RKE# 0555124.WPD
C/M: 077826-00017-01
(ii)
qualified to serve as such, and
all payments of principal, premium, if any, and interest shall be made in funds that
shall be immediately available to the VPSA on or before 11:00 A.M. on the
applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before 11:00 A.M. on the business day preceding such
scheduled due date. Overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rates on your bonds.
Prepayment or Redemption
Bonds will be subject to redemption at the option of your governing body, subject to the
consent of the VPSA or other registered owner. Your bond resolution shall provide for
prepayment or redemption as follows:
The bonds maturing after July 15, 2009 are subject to optional prepayment or redemption
prior to maturity by [the issuer], from any available moneys, in whole or in part, on any date on
or after July 15, 2009, at the following prepayment or redemption prices on the following
prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or
redemption:
Dates Price
July 15, 2009 through July 14, 2010
July 15, 2010 through July 14, 2011
July 15, 2011 and thereafter
102%
101
100
Provided, however, that the bonds shall not be subject to prepayment or redemption
prior to their respective maturities except with the prior written consent of the registered
owner.
Notice of any such prepayment or redemption shall be given to the registered owner by
registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment or
redemption.
RKE# 0555124.WPD
C/M: 077826-00017-01 A-2
Security
Your bonds must constitute valid and binding general obligations for the payment of which
the full faith and credit of the local unit are irrevocably pledged, and all taxable property
within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over
and above all other taxes and without limitation as to rate or amount, for the payment of the
principal of, and premium, if any, and interest on the bonds to the extent other funds of the '
local unit are not lawfully available and appropriated for such purpose.
Tax Matters
You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement no later than the close of
business on October 9, 1998 to Richard A. Davis, Virginia Public School Authority, P.O.
Box 1879, Richmond, Virginia 23218-1879. If delivered by hand to, Richard A. Davis,
Debt Manager, Virginia Public School Authority, James Monroe Building- 3rd Floor, 101
N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds
Certificate in the form provided in Appendix C attached to the Bond Sale Agreement for
receipt by the VPSA at least three business days prior to the Closing Date.:
No Composite Issue
You will covenant not to sell or deliver, without VPSA's consent, any general obligation
bonds which are part of the same common plan of financing (and payable from the same
source of funds) as your local school bonds, beginning, in the case of a sale, 15 days in
advance of and ending 15 days after the Sale Date.
Public Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the
goveming body must hold a public hearing on the proposed issue unless the issuance of such
bonds has been approved at referendum. The notice of the hearing, meeting the requirements
of Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for
VPSA requires that the Use of Proceeds Certificate be executed separately from the tax
certificates prepared by your bond counsel. Your bond counsel may also prepare one
or more tax certificates that contain some information found in the Use of Proceeds
Certificate in addition to information such as your reasonable expectations as to
meeting the requirements to any of the rebate exceptions.
RKE# 0555124.WPD
C/M: 077826-00017-01 A-3
2 successive weeks (notices at least 7 days apart) in a newspaper published or having general
circulation in your locality. The public hearing may not be held less than 6 nor more than 21
days after the date the second notice appears in the newspaper.
Delivery
VPSA will accept delivery of your bonds only in the form of a single, typewritten, temporary
bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A
to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from
VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, on one
or more occasions, one or more temporary bonds or definitive bonds in marketable form and,
in any case, in fully registered form in denominations of $5,000 and whole multiples thereof,
and having an equal aggregate principal amount, as requested by VPSA.
Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your locality's
Comprehensive Annual Financial Report CCAFR") or annual audited financial statements to
the rating agencies referenced below:
Moody's Investors Service
Public Finance Department
Attention: Rachel E. Speltz
99 Church Street
New York, New York 10007
Fitch IBCA
Governmental Finance
Attention: Claire G. Cohen
One State Street Plaza
New York, New York 10004
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[Addison]
APPENDIX B
to the Bond Sale Agreement
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
THE 7TH DAY OF OCTOBER, 1998
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$5,200,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1998-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"),
has determined that it is necessary and expedient to borrow not to exceed $5,200,000 and to issue
its general obligation school bonds for the purpose of financing certain capital projects for school
purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 7, 1998, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section
15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter defined);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that
it is advisable to contract a debt and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $5,200,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. The Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell
to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the
Mayor and the City Manager, that is not less than 99% of par and not more than 103% of par
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upon the terms established pursuant to this Resolution. The Mayor, the City Manager, and such
officer or officers of the City as either may designate are hereby authorized and directed to enter
into a Bond Sale Agreement dated as of October 9, 1998, with the VPSA providing for the sale
of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting,
which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of
the Bonds; shall be designated "General Obligation School Bonds, Series 1998-A"; shall bear
interest from the date of delivery thereof payable semi-annually on each January 15 and July 15
beginning July 15, 1999 (each an "Interest Payment Date"), at the rates established in accordance
with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal
Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal
Installments"), subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The City Manager is hereby authorized
and directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid
by the VPSA for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided further that the true interest cost of the Bonds does not exceed six and one-
half percent (6½%) per annum. The Interest Payment Dates and the .Principal Installments are
subject to change at the request of the VPSA. The City Manager is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed
the amount authorized by this Resolution. The execution and delivery of the Bonds as described
in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and
Interest Payment Dates and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying, A~ent and Bond Registrar. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available
funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal
Payment Date or date fixed for prepayment or redemption, or if such date is not a business day
for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the
business day next preceding such Interest Payment Date, Principal Payment Date or date fixed
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for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by the
VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held
by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to
prepayment or redemption prior to their stated maturities. The Principal Installments of the
Bonds held by the VPSA coming due after July 15, 2009, and the definitive bonds for which the
Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to
prepayment or redemption at the option of the City prior to their stated maturities in whole or
in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption
prices (expressed as percentages of Principal Installments to be prepaid or the principal amount
of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment
or redemption:
Dates Prices
July 15, 2009 through July 14, 2010
July 15, 2010 through July 14, 2011
July 15, 2011 and thereafter
102%
101
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption
prior to their stated maturities as described above without firs[ obtaining the written consent of
the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given
by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and
not less than sixty (60) days before the date fixed for prepayment or redemption.
8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy
Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the
seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall
be outstanding there shall be levied and collected in accordance with law an annual ad valorem
tax upon all taxable property in the City subject to local taxation sufficient in amount to provide
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for the payment of the principal of and premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which tax shall be without limitation
as to rate or amount and in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized
and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting
forth the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Council
covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will
be invested and expended as set forth in such Certificate as to Arbitrage and such Use of
Proceeds Certificate and that the City shall comply with the other covenants and representations
contained therein and (ii) the City shall comply with the provisions of the Code so that interest
on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal
income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in thc best interests of thc City to authorize and direct thc City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the
City Manager and such officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit
and investment of proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the
form submitted to the Council at this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer
or officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement,
setting forth the reports and notices to be filed by the City and containing such covenants as may
be necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale
Agreement should the City be determined by the VPSA to be a MOP (as defined in the
Continuing Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the City.
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14. Further Actions. The members of the Council and all officers, employees and
agents of the City are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Bonds and any
such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a tree and correct extract from the minutes of a meeting of the City Council
held on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to
in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting
and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that
the attendance of the members and voting on the foregoing resolution was as follows:
Present Absent Aye Nay Abstain
David A. Bowers, Mayor
C. Nelson Harris, Vice
Mayor
W. Alvin Hudson, Jr.
Carroll E. Swain
James O. Trout
William White, Sr.
Lynda F. Wyatt
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this __
October, 1998.
day of
[SEAL]
City Clerk,
City of Roanoke, Virginia
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF
General Obligation School Bond
Series 1998-A
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and
annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semiannually
on January 15 and July 15 of each year, commencing on July 15, 1999 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth
on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both
principal of and interest on this Bond are payable in lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments
of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof,
to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on
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the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business-- 'day--next--preceding--the- scheduled-Payment--Date--or- date--fixed-for-prepayment--or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly
to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the
extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond
Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property
in the City subject to local taxation sufficient to provide for the payment of the principal, premium,
if any, and interest on this Bond as the same shall become due, which tax shall be without limitation
as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to
the extent other funds of the City are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the Council of the
City and the School Board of the City to provide funds for capital projects for school purposes.
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This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully
registered form, in denominations of $5,000 and whole multiples thereof, and having an equal
aggregate principal amount, having principal installments or maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the
books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the
registered owner of this Bond only upon due execution of an assignment by such registered owner.
Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange
this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on
such registration books in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2009 and the
definitive Bon~ls f6r Which tliis Boffd mfiy be ~xchanged that mature on or bef6re ~Jul3/15, 2009~ ale
not subject to prepayment or redemption prior to their stated maturities. The principal installments
of this Bond coming due after July 15, 2009, and the definitive Bonds for which this Bond may be
exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option
of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2009,
upon payment of the prepayment or redemption prices (expressed as percentages of principal
installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
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Dates
July 15, 2009 through July 14, 2010
July 15, 2010 through July 14, 2011
July 15,2011 and thereat~er
Prices
102%
101
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior
to their stated maturities as described above without the prior written consent of the registered owner
of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar
to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days
before the date fixed for prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed
by the Constitution and laws of the Commonwealth of Virginia.
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IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia has caused this
Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or
Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated ., 1998.
(SEAL)
CITY OF ROANOKE, VIRGINIA
ATTEST:
Clerk, City of Roanoke,
Virginia
Mayor, City of Roanoke,
Virginia
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
Registered Owner
(NOTICE: The signature above must
correspond with the name of the
Owner as it appears on the front of this
Bond in every particular, without alteration
or change.)
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
Registered
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Virginia PubLic Schoo[ Authority
Series 1998 B - City of Roanoke
Estimate of Local School Bond Debt Service
Debt Service ScheduLe
SCHEDULE I
Date Principal Coupon Interest Period Total Fiscal Total
7/15/99 250,000.00 4.100000 149,7'30.90 399,730.90
1/15/ 0 109,562.50 109,562.50 509,293.40
7/15/ 0 250,000.00 4.100000 109,562.50 359,562.50
1/15/ 1 104,437.50 _ 104,437.50 464,000.00
7/15/ I 250,000.00 4.100000 104,437.50 354,437.50
1/15/ 2 99,312.50 99,312.50 453,750.00
7/15/ 2 250,000.00 4.100000 99,312.50 349,312.50
1/15/ 3 94,187.50 94,187.50 443,500.00
7/15/ 3 250,000.00 4.100000 94,187.50 344,187.50
1/15/ 4 89,062.50 89,062.50 433,250.00
7/15/ 4 250,000.00 4.100000 89,062.50 339,062.50
1/15/ 5 83,937.50 83,937.50 423,000.00
7/15/ 5 250,000.00 4.600000 83,937.50 333,937.50
1/15/ 6 78,187.50 78,187.50 412,125.00
7/15/ 6 250,000.00 4.600000 78,187.50 328,187.50
1/15/ ? 72,437.50 72,437.50 400,625.00
?/15/ 7 250,000.00 4.600000 72,437.50 322,437.50
1/15/ 8 66,687.50 66,68?.50 389,125.00
7/15/ 8 250,000.00 4.600000 66,687.50 316,687.50
1/15/ 9 60,937.50 60,937.50 377,625.00
?/15/ 9 250,000.00 4.600000 60,937.50 310,937.50
1/15/10 55,187.50 55,187.50 366,125.00
7/15/10 250,000.00 4.600000 55,187.50 305,187.50
1/15/11 49,437.50 49,437.50 354,625.00
7/15/11 250,000.00 4.700000 49,437.50 299,437.50
1/15/12 43,562.50 43,562.50 343,000.00
7/15/12 250,000.00 4.800000 43,562.50 293,562.50
1/15/13 37,562.50 37,562.50 331,125.00
7/15/13 250,000.00 4.850000 37,562.50 287,562.50
1/15/14 31,500.00 31,500.00 319,062.50
7/15/14 250,000.00 4.950000 31,500.00 281,500.00
1/15/15 25,312.50 25,312.50 306,812.50
7/15/15 250,000.00 5.000000 25,312.50 275,312.50
1/15/16 19,062.50 19,062.50 294,375.00
7/15/16 250,000.00 5.050000 19,062.50 269,062.50
1/15/17 12,750.00 12,750.00 281,812.50
7/15/17 250,000.00 5.100000 12,750.00 262,750.00
1/15/18 6,375.00 6,375.00 269,125.00
7/15/18 250,000.00 5.100000 6,375.00 256,375.00
1/15/19 256,375.00
Date: 09-03-1998 @ 16:51:06 Fitenama: VPSA Key: 98B-RNKCITY
Virginia Public School Authority
Series 1998 B - City of Roanoke
Estimate of Local School Bond Debt Service
Debt Service Schedule
Date Principal Coupon interest Period Total Fiscal Total
5,000,000.00 2,428,7'50.90 7,428,7'50.90
ACCRUED
5,000,000.00 2,428,7'50.90- 7,428,730.90
Dated 11/20/98 with Oetivery of 11/20/98
Bond Years 50,763.889
Average Coupon 4.78436?
Average Life 10.152778
N ! C % 4.707408% Using
100.7813500
Weighted Bond Years 51,044.361
~eighted Average Life 10.129724
~eighted N ! C % 4.681542 % Using 100.7813500
T I C % 4.650723 % From Oetivery Date
Arbitrage Yietd 4.650723 ~
Date: 09-03-1998 @ 16:51:06 Fitename: VPSA Key: 98B-RNKCiTY
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
The $ General Obligation School Bonds, Series 1998-_ (the "Bonds"),
issued by the City of Roanoke, Virginia (the "Issuer") will be purchased by the Virginia Public
School Authority CVPSA") from the proceeds of the VPSA's $ School Financing
Bonds (1997 Resolution), Series 1998 B (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement
dated as of October 9, 1998. The proceeds of the Bonds will be used to acquire, construct and equip
public school facilities owned and/or operated by the school board for the Issuer (the "School
Board"). The Issuer and the School Board each recognize that certain facts, estimates and
representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the
issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer
and the School Board and that the exclusion from gross income for federal income tax purposes of
the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's
Bonds. Accordingly, the Issuer and the School Board hereby covenant that:
Section 1. Description of Project. The proceeds of the Bonds, including investment
income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of
public school facilities of the Issuer (the "Project").
Section 2. Governmental Use of Proceeds. The Issuer and the School Board covenant
the following with respect to the use of proceeds of the Bonds and the facilities financed or
refinanced therewith:
(a) In General.
(i) Private Business Use. No more than ten percent (10%) of the proceeds of the Bonds
or the Project (based on the greatest of: (A) the cost allocated on the basis of space occupied,
(B) the fair market value, or (C) the actual cost of construction) has been or, so long as the
Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private
Use" (as such term is defined below in subsection (d) of this Section 2).
(ii) Private Security or Payment. No more than ten percent (10%) of the principal of or
interest on the Bonds, under the terms thereof or any underlying arrangement, has been, or, so
long as the Bonds are outstanding, will be, directly or indirectly, (A) secured by any interest in
(I) property used for a Private Use or (II) payments in respect of such property or (B) derived
from payments in respect of property used or to be used for a Private Use, whether or not such
property is a part of the Project.
(b) No Disproportionate or Unrelated Use. With respect to private business use
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disproportionate to or not related to governmental use financed or refinanced with the proceeds
of the Bonds, no more than five percent (5%) of the principal of or interest on such Bonds,
under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are
outstanding, will be, directly or indirectly, (x) secured by any interest in (I) property used for a
Private Use or (II) payments in respect of such property or (y) derived from payments in respect
of property used or to be used for a Private Use, whether or not such property is a part of the
Project.
(c) No Private Loan Financing. No proceeds of the Bonds will be used to make or
finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private Use. For purposes of this Certificate, the term "Private Use"
means any activity that constitutes a trade or business that is carried on by persons or entities
other than state or local governmental entities. Any activity carried on by a person other than a
natural person is treated as a trade or business. The leasing of property financed or refinanced
with the proceeds of the Bonds or the access of a person other than a state or local governmental
unit to property or services on a basis other than as a member of the general public shall
constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use
of property financed or refinanced with proceeds of the Bonds by any person, other than a state
or local governmental unit, in its trade or business constitutes general public use only if the
property is intended to be available and is in fact reasonably available for use on the same basis
by natural persons not engaged in a trade or business ("General Public Use").
In most cases Private Use will occur only if a nongovernmental person has a special legal
entitlement to use the financed or refinanced property under an arrangement with the Issuer.
Such a special legal entitlement would include ownership or actual or beneficial use of the
Project pursuant to a lease, management or incentive payment contract, output contract, research
agreement or similar arrangement. In the case of property that is not available for General
Public Use, Private Use may be established solely on the basis of a special economic benefit to
one or more nongovernmental persons. In determining whether special economic benefit gives
rise to Private Use, it is necessary to consider all of the facts and circumstances, including one or
more of the following factors:
(i) whether the financed or refinanced property is functionally related or physically
proximate to property used in the trade or business of a nongovernmental person;
(ii) whether only a small number of nongovernmental persons receive the
economic benefit; and
(iii) whether the cost of the financed or refinanced property is treated as
depreciable by the nongovernmental person.
As of the date hereof, no portion of the Project is leased (or will be so leased) by the
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Issuer or the School Board (or a related party or agent) to a person or entity other than a state or
local governmental unit or to members of the general public for General Public Use.
(e) Management and Service Contracts. With respect to management and service
contracts, the determination of whether a particular use constitutes Private Use under this
Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-5 I.R.B.
18 ("Revenue Procedure 97-13"). As of the date hereof, no portion of the proceeds derived from
the sale of the Bonds is being used to finance or refinance property subject to contracts or other
arrangements with persons or entities engaged in a trade or business (other than governmental
units) that involve the management of property or the provision of services with respect to
property financed or refinanced with proceeds of the Bonds that do not comply with the
standards of Revenue Procedure 97-13.
For purposes of determining the nature of a Private Use, any arrangement that is properly
characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an
arrangement that is referred to as a management or service contract may nevertheless be treated
as a lease. In determining whether a management contract is properly characterized as a lease, it
is necessary to consider all of the facts and circumstances, including the following factors:
(i) the degree of control over the property that is exercised by a nongovernmental
person; and
(ii) whether a nongovernmental person bears risk of loss of the financed or
refinanced property.
Section 3. Time Test and Due Diligence Test. The Issuer and the School Board have
incurred or will incur within 6 months of the date hereof substantial binding obligations, which are
not subject to contingencies within the control of the Issuer or the School Board or a related party
thereto, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project.
The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of the
Bonds within three years of the date hereof.
Section 4. Dispositions and Change in Use.
(a) No Sale or Disposition. The Issuer and the School Board expect to own and
operate and do not expect to sell or otherwise dispose of the Project, or any component
thereof, prior to the final maturity date of the VPSA's Bonds (August 1, 2018).
(b) Change in Use. The Issuer and the School Board represent, warrant and
covenant that the facilities financed or refinanced with proceeds of the Bonds will be used
for the governmental purpose of the Issuer and the School Board during the period of time
the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any
proposed change in use of the Project.
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(c) Tax Covenant. The Issuer and the School Board represent, warrant and
covenant that they will take no action that would cause either the Bonds or the VPSA's
Bonds to be private activity bonds within the meaning of Section 141(a) of the Code and that
it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds from
being private activity bonds, within the meaning of Section 141(a) of the Code.
Furthermore, the Issuer and the School Board have established reasonable procedures to
ensure compliance with this covenant.
Section 5. No Sinking or Pledge Funds. Neither the Issuer nor the School Board has
established and will not establish any funds or accounts that are reasonably expected to be used to
pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the
Bonds for which there is a reasonable assurance that amounts on deposit therein will be available
to pay debt service on the Bonds if the Issuer or the School Board encounters financial difficulty.
Section 6. No Replacement Proceeds.
(a) In General. No portion of the proceeds of the Bonds will be used as a
substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of
the Bonds were used or are to be used to pay any cost of the Project.
(b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of "replacement proceeds", as of
the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the
reasonably expected economic life of the Project financed thereby.
Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the
payment of any principal of or interest on any obligations of the Issuer, other than the Bonds,
incurred in the exercise of its borrowing power, except for any temporary financing as described
herein.
Section 8. Composite Issue. There are no other obligations of the Issuer that have been,
or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of financing
together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds,
other than the Issuer's $ General Obligation School Bonds, Series 1998-_.
Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or
permit any action that would cause (a) the payment of principal of or interest on the Bonds to be
guaranteed, directly or indirectly, in whole or in part by the United States or any agency or
instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in
making loans the payment of principal or interest on which are guaranteed in whole or in part by
the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in
federally insured deposits or accounts (except as permitted under Section 149(b) of the Internal
Revenue Code of 1986, as amended (the "Code"), or the regulations proCulgated thereunder). The
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Issuer and the School Board have not, and will not enter into, any (i) long-term service contract with
any federal governmental agency, (ii) service contract with any federal governmental agency under
terms that are materially different from the terms of any contracts with any persons other than
federal government agencies, and (iii) lease of property to any federal government agency, that
would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(b)
of the Code.
Section 10. No Hedge Bonds. The Issuer and the School Board reasonably expect that
all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three
years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will
be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code)
having a substantially guaranteed yield for four years or more.
Section 11. No Overissuance. The total proceeds derived by, the Issuer from the sale of
the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts
necessary for the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be applied
to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with
respect to the Project in anticipation of the issuance of the Bonds. The Issuer represents the
following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds.
(a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with
respect to the Project is not expected to exceed Such expenditures were paid
prior to the date hereof but no earlier than sixty (60) days prior to __., 199._,
which is the date the Issuer adopted its "official intent" declaration (the "Official Intent
Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official
Intent Declaration:
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably expected
to reimburse itself for such expenditures with the proceeds of a taxable or tax-exempt
borrowing,
(ii) set forth a general description of the Project, and
(iii) stated the maximum principal amount of debt expected to be issued for
the Project.
The Issuer has taken no action subsequent to the expression of such intent that would
contradict or otherwise be inconsistent with such intent.
(b) Reasonable Official Intent. As of the date of the Official Intent Declaration, the
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Issuer reasonably expected to reimburse such expenditures with the proceeds of a borrowing.
The Issuer does not have a pattern of failing to reimburse expenditures for which an intention
to reimburse such expenditures was declared and which were actually paid by the Issuer
other than in circumstances that were unexpected and beyond the control of the Issuer.
(c) Reimbursement Period Requirement. The proceeds derived from the sale of the
Bonds to be applied to reimburse the above-described expenditures will be so applied no later than
the later of the date that is (i) eighteen (18) months after the date on which the expenditure being
reimbursed was paid, and (ii) eighteen (18) months after the date on which the portion of the Project
to which such expenditure relates was placed in service within the meaning of Section 1.150-2 of
the Treasury Regulations or abandoned. The Issuer shall not, however, use Bond proceeds to
reimburse the above-described expenditures later than three (3) years after the date the original
expenditure was paid.
(d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i)
capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury Regulations),
(ii) costs of issuance, (iii) certain working capital expenditures for extraordinary,
nonrecurring items that are not customarily payable from current revenues (within the
meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv) grants (within
the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student
loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning
of Section 1.150-1(b) of the Treasury Regulations). None of the expenditures to be
reimbursed were incurred for day-to-day operating costs or similar working capital items.
None of the proceeds of the Bonds being used to reimburse the Issuer for prior
expenditures will be used, directly or indirectly, within one year of the date of a
reimbursement allocation, in a manner that results in the creation of replacement proceeds
(within the meaning of Section 1.148-1 of the Treasury Regulations), other than amounts
deposited in a bona fide debt service fund.
(e) Anti-Abuse Rules. None of the proceeds of the Bonds are being used in a
manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury
Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142
through 147 of the Code.
Section 13. Covenant as to Arbitrage. The Issuer and the School Board hereby covenants
that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or
account maintained in connection with the Bonds, whether or not such money was derived from the
proceeds of the sale of the Bonds or from any other sources, will not be used in a manner that
would cause the Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning of Section
148 of the Code and the applicable regulations thereunder.
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Date:
,1998
CITY OF ROANOKE, VIRGINIA
By:
Name:
Title:
SCHOOL BOARD OF THE CITY OF
ROANOKE, VIRGINIA
By:
Name:
Title:
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APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the
proceeds of the City/County of (the "Issuer") general obligation school bonds (the
"Bonds") in order to make an initial determination that the construction exception from the rebate
requirement provided by Section 148(f)(4)(C) of the Intemal Revenue Code of 1986, as amended,
or the eighteen month exception from the rebate requirement provided by Section 1.148-7(d) of
the Treasury Regulations is available.
Please supply the information requested below and send this questionnaire to Richard A.
Davis, Debt Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia
23218-1879, for receipt no later than October 9, 1998, with a copy to your bond counsel.
Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds
including the useful life of the project(s) being financed.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
Co) Indicate the amount that you reasonably expect to receive from the investment of the
Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2
(a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect
to use to finance the issuance costs of the Bonds. (e.g. your legal fees)
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(d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b)
reduced by the amount set forth in Question 2(c) equals $
This amount is hereinafter referred to as "Available Construction Proceeds".
Indicate the amount of money, other than the Available Construction Proceeds of the
Bonds, that will be applied toward the cost of the Project and the expected source of such
money. Indicate what such money will be used for.
Indicate, by principal components, your current estimates of the cost for the acquisition
and construction of the Project that will be financed with the Available Construction
Proceeds of the Bonds, including:
(a) Acquisition of Interest in
Land
(b) Acquisition of Interest in
Real Property!
(c) Acquisition and/or Installation
of Tangible Personal Property2
(d) Site Preparation
(e) Construction of Real Property3
(lr) Reconstruction of Real Property4
(g) Rehabilitation of Real Property5
(h) Construction of Tangible
Personal Property6
(i) Specially developed computer
software7
(j) Interest on the Bonds during
Construction
(k) Other (please specify)
(1) Total
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(Note: The sum of the amounts described in (a) through (k) must equal the amount of
Available Construction Proceeds of the Bonds set forth in Question 2(d).)
1-7 See the Endnotes on pages D-7 and D-8.
5. (a)
Have you borrowed, directly or indirectly, (such as through an industrial
development authority) any money, either through a tax-exempt bank loan, a bond
anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to
pay for the Project costs?
Yes No
(b)
Do you intend to use the proceeds of the Bonds to refinance or repay any loan
used to finance the Project costs?
Yes No
(c)
If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP or
other evidence of the loan and indicate the following:
(i)
(ii)
(iii)
(iv)
(v)
Amount of loan:
Date of loan:
Maturity date of loan:
Interest rate of loan:
Name of lender:
(d)
If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan
to reimburse yourself for expenses paid with respect to the Project before the loan
was obtained?
Yes No
6. (a)
Do you intend to reimburse yourself from the proceeds of the Bonds for Project
costs advanced from your General Fund or other available sources?
Yes No
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(b)
If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such
expenditures, please indicate the amount of such expenditure, when such
expenditure was paid and the purpose of the expenditure (i.e., architectural fees,
engineering fees, other construction costs):
(i) Amount expended $
(ii) Date of expenditure:
(iii) Purpose of expenditure:
(Note: if you intend to reimburse yourself for more than one expenditure, please
attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii)
purpose of expenditure)
If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence
of your intention to reimburse yourself with the proceeds of a borrowing such as the
earliest possible resolution, declaration or minutes of a meeting. Include the date such
resolution was adopted, meeting was held or declaration made.
[The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for
the Construction Exception from the Rebate Requirement.]
Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least
75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i).
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "No", skip Question 9 and answer Question 10.
9. (a)
Assuming the Bonds are delivered on November 19, 1998 and funds are made
available to you on that date, please complete the following schedule indicating
the amount of Available Construction Proceeds that the City/County expects to
expend and disburse during the following time periods:
From November 19, 1998 to May 19, 1999
From May 20, 1999 to November 19, 1999
From November 20, 1999 to May 19, 2000
From May 20, 2000 to November 19, 2000
$ 8
RKE#APNXD98.DOC D-4
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10.
Total9 $
and 9 See the Endnotes on page D-$.
(b) If you do not expect to spend 100% of Available Construction Proceeds by
November 19, 2000, do you expect to spend 100% of Available Construction
Proceeds by November 19, 2001 ?
Yes No
For purposes of this Question 10, assume that the Bonds are delivered on November 19,
1998 and funds are made available to you on that date.
(a)
Does the City/County expect to expend and disburse the amount shown in
Question 4(a) for the acquisition of land by May 19, 1999?
Yes No
(b)
Does the City/County expect to expend and disburse the amount shown in
Question 4(b) for the acquisition of interests in real property by May 19, 1999?
Yes No
(c)
Does the City/County expect to expend and disburse the amount shown in
Question 4(c) for the acquisition and/or installation of tangible personal Property
by May 19, 19997
Yes No
(d)
(i) Does the City/County expect to expend and disburse the amount shown in
question 4(1) by November 19, 2001 ?
Yes No
(ii)
Assuming that the Bonds are delivered on November 19, 1999, and funds are made
available to you on that date, please complete the following schedule indicating
the amount of Available Construction Proceeds that the City/County expects to
expend and disburse during the following time periods:
From November 19, 1998 to May 19, 1999
From May 20, 1999 to November 19, 1999
From November 20, 1999 to May 19, 2000
From May 20, 2000 to November 19, 2000
$ lO
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Total $
10 See the Endnotes on page D-8.
IThe purpose of question 11 is to determine if the Bonds may qualify for the Eighteen
Month Exception from the Rebate Requirement.]
11. The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross
proceeds"). Assuming that the Bonds are delivered on November 19, 1998 and funds are made
available to you on that date, please complete the following schedule indicating the amount of gross
proceeds that the City/County expects to expend and disburse during the following time periods:
From November 19, 1998 to May 19, 1999
From May 20, 1999 to November 19, 1999
From November 20, 1999 to May 19, 2000
$ I
Total $
I understand that the foregoing information will be relied upon by the Virginia Public School
Authority (the "Authority") in determining the applicability of the construction exception to the
Authority's School Financing Bonds (1997 Resolution), Series 1998 B. I hereby certify that I am
familiar with the Project or have made due inquiry in order to complete this Questionnaire with respect
to the Project and am authorized by the City/County to provide the foregoing information with respect
to it, which information is true, correct, and complete, to the best of my knowledge.
Name of Person Completing
Questionnaire
Title
Signature
Date
~ Include amounts expended prior to November 19, 1998 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or repay
any loan.
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ENDNOTES
For purposes of this questionnaire, "real property" means improvements to land, such as
buildings or other inherently permanent structures, including items that are structural
components of such buildings or structures. For example, real property includes wiring
in a building, plumbing systems, central heating or central air conditioning systems, pipes
or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves
and docks, bridges and sewage lines.
For purposes of this questionnaire, tangible personal property means any tangible property
except real property. For example, tangible personal property includes machinery that is
not a structural component of a building, fire trucks, automobiles, office equipment,
testing equipment and furnishings.
See description of real property in endnote 1. This includes all capital expenditures that
are properly chargeable to or may be capitalized as part of the basis of the real property
prior to the date the property is placed in service. For purposes of this questionnaire,
expenditures are considered paid in connection with the construction, reconstruction or
rehabilitation of real property if the contract between the Issuer and the seller requires the
seller to build or install the property (such as under a "turnkey contract") but only to the
extent the property has not been built or installed at the time the parties enter into the
contract. If the property has been partially built or installed at the time the parties enter
into the contract, the expenditures that are allocable to the portion of the property built
or installed before that time are expenditures for the acquisition of real property.
See endnote 3.
See endnote 3.
For purposes of this questionnaire, expenditures are in connection with the construction
of tangible personal property, as defined in endnote 2, if:
(a) A substantial portion of the property or properties is completed more than 6
months after the earlier of the date construction or rehabilitation commenced and the date
the Issuer entered into an acquisition contract;
(b) Based on the reasonable expectations of the Issuer, if any, or representations
of the person constructing the property, with the exercise of due diligence, completion of
construction or rehabilitation (and delivery to the Issuer) could not have occurred within
that 6-month period; and
(c) If the Issuer itself builds or rehabilitates the property, not more than 75% of
the capitalizable cost is attributable to property acquired by the Issuer (e.g., components,
raw materials and other supplies).
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9
10
Specially developed computer software means any programs or routines used to cause a
computer to perform a desired task or set of tasks, and the documentation required to
describe and maintain those programs, provided that the software is specially developed
and is functionally related and subordinate to real property or other constructed personal
property.
Include amounts expended prior to November 19, 1998 and approved by your bond counsel
for reimbursement from your bond proceeds. This does not include any amount used to
refinance or repay any loan.
Total should equal the amount in 4(1).
Include amounts expended prior to November 19, 1998 and approved by your bond counsel
for reimbursement from your bond proceeds. This does not include any amount used to
refinance or repay any loan.
RKE~'~PNXD98, DOC D-8
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~'~~1 Marsha W. Ellison, Chairman
Melinda J. Payne, Vice Chairman
Charles W. Day
,,.Roanoke
City School Board P.o. aox 13145, Roanoke, Virginia 24031
APPEFDI%
F.B. WebsterDay
Sherman P. Lea
Ru~ C. Willson
E to Bond Sale Agreement
Bdan J. Wishneff
Dr. E. Wayne H. arfis, Superintendent
Cindy H. Lee, Clerk of the Board
· 540-853-2381 · Fax: 540-853-2951
August 1 ~, 1998
RESOLUTION REQUESTING THE CITY COUNCIL
OF THE CITY OF ROANOKE, VIRGINIA
TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF
BE IT RESOLVED,
1)
The School Board of the City of Roanoke, VIrginia hereby (i) approves certain
capital improvements for Lucy Addison Middle School to modernize
electrical, plumbing, mechanical and structural components at an estimated cost
of $10,685,000 (the "Project"), (ii) authorizes and approves the filing of an
application to the VIrginia Public School Authority ("VPSA") seeking school bond
financing in an amount not to exceed $5,200,000, and (iii) requests that the City
Council of the City of Roanoke, Virginia issue its general obligation school bonds to be
sold to VPSA in an aggregate principal amount not to exceed $5,200,000, for the
purpose of financing a portion of the cost of the Project.
2) This resolution shall take effect immediately by the following recorded vote:
Yea
Nay
Marsha W. Ellison, Chairman
Melinda I. Payne, VIce-Chairman
Chades W. Day
F. B. Webster Day
Sherman P. Lea
Ruth C. Willson
Brian J. Wishneff
The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby
certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting
of the School Board held the 17th day of August, 1998.
WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia,
this ~ '~kday of August, 1998.
(SEAL)
Clerk oard of City of Roanoke, Virginia
Preparing Students for Success
APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance
by the Virginia Public School Authority (the "Authority") of $ aggregate principal
amount of its School Financing Bonds (1997 Resolution) Series 1998 B (the "Series 1998 B
Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on
October 23, 1997. The Series 1998 B Bonds and all other parity bonds heretofore and
hereafter issued under the 1997 Resolution are collectively called the "Bonds". A portion of
the proceeds of the 1998 Series B Bonds are being used by the Authority to purchase certain
general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a
bond sale agreement between the Authority and the Local Issuer (the "Bond Sale
Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby
covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is
being executed and delivered by the Local Issuer for the benefit of the holders of the Series
1998 B Bonds and in order to assist the Participating Underwriters (defined below) in
complying with the Rule (defined below). The Local Issuer acknowledges that it is
undertaking primary responsibility for any reports, notices or disclosures that may be required
under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1997
Resolution, which apply to any capitalized term used in this Disclosure Agreement unless
otherwise defined in this Section, the following capitalized terms shall have the following
meanings:
"Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing
by such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
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"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
"Fiscal Year" shall mean the twelve-month period at the end of which financial
position and results of operations are determined. Currently, the Local Issuer's Fiscal Year
begins July 1 and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a Series 1998 B Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the
Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds
of the Local Issuer pledged as security for Bonds issued under the Authority's 1997
Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local
school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate
principal amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the
Authority's Series 1998 B Bonds required to comply with the Rule in connection with the
offering of such Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by
the State as a state depository for the purpose of the Rule. As of the date of this Agreement,
there is no State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to,
provide to each Repository an Annual Report which is consistent with the requirements of
Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the
"Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing
with its Fiscal Year ending June 30, 1998) as of the end of which such Local Issuer was a
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MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.~ Not later than ten
(10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the
Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case,
the Annual Report (i) may be submitted as a single document or as separate documents
comprising a package, (ii) may cross-reference other information as provided in Section 4 of
this Disclosure Agreement and (iii) shall include the Local Issuer's audited financial
statements prepared in accordance with applicable State law or, if audited financial statements
are not available, such unaudited financial statements as may be required by the Rule. In any
event, audited financial statements of such Local Issuer must be submitted, if and when
available, together with or separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Board and any State Repository in substantially the form
attached hereto as Exhibit A.
SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a minimum,
annual financial information relating to the Local Issuer, including operating data,
(i)
updating such information relating to the Local Issuer as shall have been
included or cross-referenced in the final Official Statement of the Authority
describing the Authority's Series 1998 B Bonds or
(ii)
if there is no such information described in clause (i), updating such
information relating to the Local Issuer as shall have been included or cross-
referenced in any comparable disclosure document of the Local Issuer relating
to its tax-supported obligations or
(iii)
if there is no such information described in clause (i) or (ii) above, initially
setting forth and then updating the information referred to in Exhibit B as it
relates to the Local Issuer, all with a view toward assisting Participating
Underwriters in complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
reference is a final official statement, it must be available from the Municipal Securities
The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated
Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise
the Local Issuer as to its status as a MOP as of any other date.
RKE#0555149.WPD F-3
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Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any,
with a copy to the Authority.
SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations
under this Disclosure Agreement shall terminate upon the earlier to occur of the legal
defeasance or final retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint
or engage a Dissemination Agent to assist it in carrying out its obligations under this
Disclosure Agreement and may discharge any such Agent, with or without appointing a
successor Dissemination Agent. The Local Issuer shall advise the Authority of any such
appointment or discharge. If at any time there is not any other designated Dissemination
Agent, the Local Issuer shall be the Dissemination Agent.
SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has
been approved in writing by the Authority and is supported by an opinion of independent
counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that
such amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the
means of dissemination set forth in this Disclosure Agreement or any other means of
communication, or including any other information in any Annual Report or notice of
occurrence of a Listed Event, in addition to that which is required by this Disclosure
Agreement. If the Local Issuer chooses to include any information in any Annual Report or
notice of occurrence of a Listed Event, in addition to that which is specifically required by
this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to
update such information or include it in any future Annual Report or notice of occurrence of a
Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local
Issuer) may take such action as may be necessary and appropriate, including seeking mandate
or specific performance by court order, to cause the Local Issuer to file its Annual Report or
to give notice of a Listed Event. The Authority may, and the holders of not less than a
majority in aggregate principal amount of Bonds outstanding may, take such actions as may
be necessary and appropriate, including seeking mandate or specific performance by court
order, to challenge the adequacy of any information provided pursuant to this Disclosure
RKE#O555149.WPD F-4
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Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under
this Disclosure Agreement shall not be deemed an event of default under the applicable
resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement
in the event of any failure of the Local Issuer to comply herewith shall be an action to
compel performance. Nothing in this provision shall be deemed to restrict the rights or
remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and
regulations promulgated thereunder, or other applicable laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the
benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from
time to time of the Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 12. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
Date:
CITY OF ROANOKE, VIRGINIA
By.
City Manager
RKE#0555149.WPD
C/M: 077826-00017-01
NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATEMENTS]
EXHIBIT A
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
SERIES 1998 B
CUSIP Numbers.
Dated: November , 1998
Name of Local Issuer: City of Roanoke, Virginia
NOTICE IS HEREBY GIVEN that the City of Roanoke, Virginia (the "Local Issuer") has not
provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement,
which was entered into in connection with the above-named bonds issued pursuant to that certain
Series Resolution adopted on October 5, 1998, by the Board of Commissioners of the Virginia
Public School Authority, the proceeds of which were used to purchase $ General
Obligation School Bonds of the Local Issuer. [The Local Issuer anticipates that the Annual
Report will be filed by .] The Local Issuer is a material "obligated person"
within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended,
with respect to the above-named bonds of the Authority.
Dated:
CITY OF ROANOKE, VIRGINIA
By.
RKE#0555149.WPD F-6
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EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt;
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension plans
administered by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
RKE#0555149.WPD F-7
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B&W DRAFT SEPTEMBER 11, 1998
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1998 B
Dated November 19, 1998
Among
Virginia Public School Authority
Wachovia Bank, N.A.
Mentor Investment Advisors, LLC
and
Albemarle County
Augusta County
Bedford County
Buchanan County
Campbell County
City of Chesapeake
Clarke County
Giles County
King William County
City of Poquoson
Rappahonnock County
Richmond County
City of Roanoke
Roanoke County
Spotsyivania County
Stafford County
NYLIB1/467372/3/18580/OOO63/vachanvSeptember 11, 1998 - 3:21
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
NYLIB1/467372/3/18580/OOO63/vacham~/September 11, 1998 - 3:21
Table of Contents
Pa~,e
Recitals ................................................................................................................... 2
Definitions .............................................................................................................. 4
Disposition of VPSA Bond Proceeds ...................................................................... 9
Establishment of Accounts ...................................................................................... 9
Disposition of Local School Bond Proceeds .......................................................... 10
Investment of Principal Subaccount ...................................................................... 10
Disbursements from Principal Subaccount ............................................................ 10
Investment of Income Subaccount ........................................................................ 11
Income Subaccount ....
Investment Losses ................................................................................................. 13
Rebate Computations ............................................................................................ 13
Transfers to Income Subaccount ........................................................................... 14
Disposition of Excess Proceeds ............................................................................. 15
Rebate Payments and Penalty Payments ................................................................ 16
Duties of VPSA ..................................................................................................... 17
Duties of WB ........................................................................................................ 17
Duties of Local Units ............................................................................................ 17
Responsibilities of the Investment Manager .......................................................... 18
Costs .................................................................................................................... 18
Opinions of Counsel ............................................................................................. 19
Amendment .......................................................................................................... 19
Notices ................................................................................................................. 19
i
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
No Third Party Beneficiaries ................................................................................. 21
Severability ........................................................................................................... 21
No Personal Liability ............................................................................................ 21
Applicable Law .................................................................................................... 21
Counterparts ......................................................................................................... 22
Effective Date; Term ............................................................................................ 22
NYLIB1/467372/3/18580/00063/vacham/September 1 I, 1998 - 3:21
ii
B&W DRAFT SEPTEMBER 11, 1998
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1998 B
This PROCEEDS AGREEMENT, dated November 19, 1998 (this "Agreement"), is
among the Virginia Public School Authority, a public body corporate and instrumentality of
the Commonwealth of Virginia ("VPSA"), the thirteen counties and three cities that are
signatories to this Agreement (collectively, the "Local Units", and each a "Local Unit"),
Wachovia Bank, N.A. a banking institution organized under the laws of the United States of
America and having its principal office in Winston-Salem, North Carolina, and Mentor
Investment Advisors, LLC, a corporation organized under the laws of Virginia and having an
office in Richmond, Virginia. All capitalized terms used herein shall have the meaning given to
them in Section 2 hereof.
The parties hereto agree and covenant as follows:
Section 1. Recitals.
A. On or before October 9, 1998, VPSA and each of the Local Units entered into
a Bond Sale Agreement, pursuant to which VPSA agreed to purchase, and the Local Unit agreed
to sell its Local School Bonds.
B. On October 28, 1998, VPSA's Bonds were awarded at competitive bidding to
the Purchaser. The Purchaser is obligated by the terms of its bid to pay the purchase price for
VPSA's Bonds on the Closing Date. VPSA will apply certain of the proceeds of the sale of
VPSA's Bonds, together with other available money, to the purchase of the Local School Bonds
on November 19, 1998, the Local School Bonds Closing Date. VI)SA will also apply certain of
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998 - 3:21
the proceeds of the sale of VPSA's Bonds, together with other available funds, to pay a portion
of the interest on the VPSA's Bonds between the July 15, 1999 interest payment date on the
Local School Bonds and the August 1, 1999 interest payment date on the VPSA's Bonds and to
pay certain costs of issuance of the VPSA Bonds.
C. The Code imposes requirements on VPSA and the Local Units selling their
Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the
Local School Bonds are to be excludable from gross income for federal income tax purposes,
including a requirement that in certain circumstances, certain investment income with respect to
the Local School Bonds, which income is deemed for federal income tax purposes to be
investment income of VPSA's Bonds, be subject to payment, or in lieu thereof certain payments
be made, to the United States Treasury.
D. VPSA has determined that in order to fulfill its representations respecting the
maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal
income tax purposes, VPSA must establish a mechanism to provide accountability for the
custody, investment and disbursement of the proceeds of VPSA's Bonds and the proceeds of the
Local School Bonds.
E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the
representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code
affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum,
practicable income by the professional management of the investment and reinvestment of the
proceeds of the Local School Bonds; (iii) to provide for the custody, investment and
disbursement of the proceeds of the Local School Bonds, and for the maintenance of appropriate
records thereof; (iv) to meet the rebate requirement imposed by Section 148(0 of the Code, in
NYLIB1/467372/3/lg580/00063/vachamYSeptember 11, 1998- 3:21 2
part through the payment of either the Local Unit Rebate Requirement by each of the Local Units
or the Penalty if the Penalty Election has been made on behalfofa Local Unit; and (v) tv provide
for the allocation and payment of the costs associated with the establishment and maintenance of
this Agreement.
F. The purpose set forth in the preceding subsection E shall be accomplished
through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with
the Information Statement.
Section 2. Definitions.
In addition to the words and terms elsewhere defined in this Proceeds Agreement
including the Exhibits attached hereto, the following words and terms shall have the following
meanings:
"Aggregate Local Units Rebate Requirement" shall be the amount calculated
pursuant to the Letter Agreement.
"Agreement" or "Proceeds Agreement" shall mean the Proceeds Agreement,
dated November 19, 1998, among the Authority, the Local Units, WB and the Investment
Manager.
"Authorized Representative" shall mean, as applied to VPSA, WB, the
Investment Manager and the Local Units, the person or each of the persons thereby designated,
from time to time, in accordance with and as listed on the page of this Agreement executed by
such party.
"Available Construction Proceeds" shall mean, as applied to each Local Unit, the
sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant to
Section 5 hereof, and (ii) the investment earnings thereon, reduced by the amount of issuance
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998-3:21 3
costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has
made the Bifurcation Election on its signature page, "Available Construction Proceeds" shall
mean the sum of the amount set forth on the signature page as the portion of the issue used for
construction and the investment earnings thereon, reduced by the amount set forth on the
signature page as allocable to issuance expenses.
"Bifurcation Election", with respect to each issue of Local School. Bonds, shall
mean the election made by the Local Unit to treat a portion of its Local School Bonds used for
construction as a separate issue pursuant to Section 148(f)(4)(C)(v) of the Code.
"Bond Sale Agreement(s)" shall refer to the Bond Sale Agreement(s), dated as of
October 9, 1998, between VPSA and each Local Issuer.
"Capital Expenditure" shall mean any cost of a type that is properly chargeable to
a capital account (or would be so chargeable xvith a proper election) under general federal
income tax principles as determined at the time the expenditure is paid with respect to the
property.
"Capital Project" shall mean all Capital Expenditures, plus related working capital
expenditures to which the de minimis exception provided by Section 1.148-6(d)(3)(ii)(A) of the
Treasury Regulations to the proceeds-spent-last rule applies, that carry out the governmental
purpose of the Local School Bond issue.
"Closing Date" shall mean November 19, 1998.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Computation Date" shall mean each of the Installment Computation Dates and
the Final Computation Date.
NYLIB1/467372/3/lg580/00063/vacham/September 11, 1998- 3:21 4
"Contract" shall mean the Contract respecting the Virginia State Non-Arbitrage
Program, between the Treasury Board of the Commonwealth of Virginia and the Investment
Manager, including the Depository Agreement appearing as Appendix A thereto.
"Eighteen-Month Exception" shall mean the exception to the Rebate Requirement
provided by Treasury Regulation Section 1.148-7(d).
"Final Computation Date" shall mean the date the last bond that is part of the
issue of VPSA's Bonds is discharged.
"Gross Proceeds" shall have the meaning given to such term in the Letter
Agreement.
"Income Subaccount" shall mean (i) the Income Subaccount established pursuant
to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Income
Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the four Local
Units described therein.
"Income Subaccount Set Aside" shall have the meaning given to such term by
Section 9(b) of this Agreement.
"Individual Portfolio" shall have the meaning given to such term in the
Information Statement.
"Information Statement" shall mean the current Information Statement describing
SNAP, as the same may be supplemented and amended.
"Installment Computation Dates" shall mean [December 1], 2003, and each fifth
(Sth) anniversary date thereafter.
NYLIBl/467372/3/18580/OOO63/vachanv'September ! 1, 1998 - 3:21 5
"Investment Manager" shall mean Mentor Investment Advisors, LLC, a
corporation organized under the laws of Virginia and having an office in Richmond, Virginia, in
its capacity as the investment manager of SNAP.
"Investment Report" shall have the meaning given to such term in Part A of the
Letter Agreement.
"Letter Agreement" shall mean the Letter Agreement, dated the date hereof,
attached to this Agreement as Exhibit C.
"Local School Bonds" shall mean general obligation school bonds of a Local Unit
having the terms and provisions required by the Bond Sale Agreement.
"Local School Bonds Closing Date" shall mean the Closing Date, except as
otherwise provided on the page of this Agreement executed by a Local Unit; provided, however,
the Local School Bonds Closing Date with respect to an issue of Local School Bonds shall not be
deemed to have occurred until the related Local Unit shall have delivered the Local School
Bonds to VPSA and otherwise complied with the terms of its Bond Sale Agreement.
"Local Unit" or "Local Units" shall have the meaning accorded to such term by
the first paragraph of this Agreement.
"Local Unit Rebate Computation", with respect to each issue of Local School
Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date
pursuant to Section 11 of this Proceeds Agreement.
"Local Unit's Rebate Requirement", with respect to each issue of Local School
Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the
Letter Agreement.
NYLIBl/467372/3/lg580/OOO63/vacham/Septernber 1 I, 1998 - 3:21 6
"Penalty" shall mean the amount that must be paid to the United States Treasury
pursuant to the Penalty Election.
"Penalty Election", with respect to each issue of Local School Bonds, shall mean
the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section
148(f)(4)(C)(vii) of the Code.
"Principal Subaccount" shall mean (i) the Principal Subaccount established
pursuant to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Principal
Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the four Local
Units described therein.
"Proceeds Account" shall mean, xvith respect to each Local Unit, its account
established under Section 4 of this Proceeds Agreement.
"Purchaser" shall mean tile bidder offering to pa,,,' tile
loxvest true interest cost of VPSA's Bonds to which VPSA awarded VPSA's Bonds at a
competitive sale.
"Rebate Calculation Agent" shall have the meaning given to such term in the
Letter Agreement.
"Rebate Computation" shall mean the computation, as of a Computation Date, of
the Local Unit Rebate Requirement to such Computation Date. The amount so computed may be
a positive or a negative number.
"Rebate Exceptions" shall mean the Spending Exceptions and the Small-Issuer
Exception, collectively.
"Rebate Report" shall mean the Local Unit Rebate Computations.
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998- 3:21 7
"Rebate Requirement" shall mean the rebate requirement imposed by Sections
148(f)(2) and (3) of the Code.
"Six-Month Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(B) of the Code.
"Small-Issuer Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(D) of the Code.
"SNAP" shall mean the State Non-Arbitrage Program established pursuant to
Article 7. l, Chapter 14, Title 2. l, Code of Virginia, as amended.
"SNAP Documents" shall mean the Information Statement and the Contract.
"Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month
Exception and the Two-Year Exception, collectively.
"Two-Year Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(C) of the Code.
"VPSA" shall mean the Virginia Public School Authority, a public body corporate
and instrumentality of the Commonwealth of Virginia.
"VPSA's Bond Yield" shall mean the Yield on VPSA's Bonds as set forth in the
Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each
issue of Local School Bonds of a Local Unit the interest on which is excluded from gross income
shall equal the VPSA's Bond Yield.
"VPSA's Bonds" shall mean the $ aggregate principal amount of
VPSA's School Financing Bonds (1997 Resolution) Series 1998 B.
"WB" shall mean Wachovia Bank, N.A. a banking institution organized under the
laws of the United States of America and having its principal office in Winston-Salem, North
NYLIB1/467372/3/18580/00063/vacham/September 11, 1998 - 3:21
Carolina. WB is the Depository for Individual Portfolios and custodian of the assets of the
SNAP fund.
"Withdrawal Date" shall mean the date as of which an interim Rebate Calculation
is made pursuant to Section 9 of this Proceeds Agreement.
"Yield" shall have the meaning accorded to such term by the Letter Agreement.
Section 3. Disposition of VPSA Bond Proceeds.
A. Prior to the Closing Date, each Local Unit will complete and submit, to the
Investment Manager, the program registration form and the SNAP account registration form
annexed to the Information Statement.
B. On the Closing Date, VPSA will transfer to WB for deposit in SNAP, in
immediately available funds, an amount equal to the aggregate purchase price of all of the Local
School Bonds ($ ).
C. Each Local Unit hereby agrees to adhere strictly to the prescribed and
recommended procedures described in the Information Statement. Each Local Unit hereby
further agrees that it will not deviate from or request an exception to such procedures without
first obtaining the prior written approval of VPSA. In the event of a conflict between the
provisions of this Agreement and the Information Statement, the provisions of this Agreement
shall control.
Section 4. Establishment of Accounts.
(a) Except as provided in Section 4(b) below, the Investment Manager will
establish on its books for each Local Unit one (1) account and two (2) subaccounts therein as
follows:
VPSA-(Name of Local Unit) Proceeds Account - Series 1998 B Issue
NYLIB1/467372/3/lg580/00063/vacham/September 11, 1998 - 3:21 9
Principal Subaccount
Income Subaccount
(b) The Investment Manager shall establish on its books for the City of
Roanoke, Roanoke County, Spotsylvania County and Stafford County, within the one (1)
Proceeds Account for each such Local Unit, two (2) subaccounts therein, and two subaccounts
within each such subaccount, as follows:
VPSA- (Name of Local Unit) Proceeds Account -Series 1998 B Issue
Non Subsidy Subaccount
Principal Subaccount
Income Subaccount
Subsidy Subaccount
Principal Subaccount
Income Subaccount
The amounts in the Principal Subaccounts and Income Subaccounts of each of these
Local Units shall be combined for purposes of this Agreement. Requisitions from the City of
Roanoke, Roanoke County, Spotsylvania County and Stafford County shall specify the
Subaccount from which moneys are being requisitioned.
Ifa Local Unit has elected to treat a portion of its Local School Bonds issue used
for construction as a separate issue as set forth on its signature page, the Investment Manager
shall maintain such records as necessary to determine the portion of the Principal Subaccount
and Income Subaccount of such Local Unit allocable'to the construction issue and the non-
construction issue.
Section 5. Disposition of Local School Bond Proceeds.
The Investment Manager shall allocate the proceeds of the Local School Bonds on
the Local School Bonds Closing Date(s) to the Local Unit(s), dollar for dollar, in accordance
with the respective principal amounts of their Local School Bonds set forth in Exhibit A to this
Agreement. There is no accrued interest on the Local School Bonds. The proceeds of VPSA's
Bonds allocated to each Local Unit shall be credited to the Principal Subaccount of the Local
NYLIBl/467372/3/18580/00063/vacham/Septcmber 11, 1998 - 3:56 ] 0
Unit in the amounts set forth in Exhibit A with respect to the Subsidy Local School Bonds and/or
the Non-Subsidy Local School Bonds, as the case may be.
Section 6. Investment of Principal Subaccount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Principal Subaccount of each Local Unit for the benefit of such Local Unit in accordance with
the provisions of the Information Statement and Section 18 of this Agreement. The Investment
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit of its respective Principal Subaccount.
Section 7. Disbursements from Principal Subaccount.
Beginning on its Local School Bonds Closing Date, each Local Unit may at any
time withdraw all or any portion of the proceeds of its Local School Bonds credited to its
Principal Subaccount (including amounts transferred to the credit of the Principal Subaccount
from the Income Subaccount pursuant to Section 9), in accordance with the Information
Statement and, in the case of a reimbursement to the Local Unit, by filing with the Investment
Manager a requisition or requisitions therefor in the form of Exhibit B to this Agreement signed
by an Authorized Representative of the Local Unit. Notwithstanding anything to the contrary in
the Information Statement, the Investment Manager ag~'ees that, in the case of a reimbursement
to the Local Unit, it shall not disburse any money from the Principal Subaccount unless and until
it has received such requisition from the Local Unit.
Section lt. Investment of Income Subaccount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the
provisions of the Information Statement and Section 18 of this Agreement. The Investment
NYLIBl/467372/3/lg5gO/OOO63/vacharrfSeptember 11, 1998- 3:21
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit thereof.
Section 9. Income Subaccount.
A. The Investment Manager will notify a Local Unit and VPSA when the balance
to the credit of the Principal Subaccount of such Local Unit shall have been reduced to zero ($0).
Such Local Unit may then withdraw from its Income Subaccount an amount not in excess of the
amount then to the credit of its Income Subaccount if the Local Unit qualifies for any one of the
Rebate Exceptions or if such withdrawal is necessary to qualify for one of the Spending
Exceptions.
1. In order to qualify for the Small-Issuer Exception, the Local Unit must deliver
to VPSA and the Investment Manager no later than the end of calendar year 1998 (a) a
letter from, or opinion of, nationally recognized bond counsel that the Local School
Bonds of such Local Unit purchased by VPSA with the proceeds of the x, rpSA's Bonds
will be treated as meeting the requirements of Code Sections 148(0(2) and (3), pursuant
to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for
the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement
in the event that the Local School Bonds of 'such Local Unit fail to meet all of the
requirements of the Small Issuer Exception.
2. In order to determine if a Local Unit qualifies for either the Six-Month
Exception or the Eighteen-Month Exception, the Investment Manager shall advise each
Local Unit and VI'SA of the amount that has been disbursed from the Principal
Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the
Closing Date, (b) twelve (12) months from the Closing Date, and (c) eighteen (18)
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21 12
months from the Closing Date. To facilitate such determination, each Local Unit shall set
forth on the signature page for such Local Unit the amount of investment proceeds that
such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn.
3. In order to determine if a Local Unit qualifies for the Two-Year Exception,
the Investment Manager shall advise each Local Unit and VPSA, of the amount of
Available Construction Proceeds that has been disbursed from the Principal Subac¢ount
and the Income Subaccount of such Local Unit (a) six (6) months from the Local School
Bonds Closing Date, (b) twelve (12) months from the Local School Bonds Closing Date,
(c) eighteen (18) months from the Local School Bonds Closing Date, and (d) twenty-four
(24) months from the Local School Bonds Closing Date. To facilitate such
determination, each Local Unit shall set forth on the signature page for such Local Unit
the amount of' investment proceeds that such Local Unit reasonably expects as of the
Local School Bonds Closing Date to earn and the elections that it requests \rpSA to make
on its behalf. Furthermore, such Local Unit shall set forth in a certificate delivered to
VPSA on the Local School Bonds Closing Date such facts and circumstances as
necessary to show that it reasonably expects to qualify for the Two-Year Exception.
B. Except to the extent that a Penalty Election has been made on behalf of a
Local Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise
subject to the Rebate Requirement, then prior to a withdrawal from its Income Subaccount and
upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms of
the Information Statement, an interim Rebate Computation with respect to such Local Unit or an
estimate of such Local Unit's Rebate Requirement for purposes of determining what amount, if
any, to the credit of the Income Subaccount may be subject to rebate. Any estimate of the Local
NYLIBl/467372/3/lg5gO/OOO63/vachamtSeptember 11, 1998 - 3:21 ] 3
Unit's Rebate Requirement made by the Investment Manager shall also be provided to VPSA in
writing. Notwithstanding anything to the contrary in the Informatio~a Statement, no disbursement
will be made from the Income Subaccount until the aforementioned calculation shall have been
made. The amount to the credit of the Income Subaccount that may be subject to rebate is the
Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager shall (i)
reserve, in the Income Subaccount, the amount of the Income Subaccount Set Aside until the
next Rebate Computation required by Section 11 shall have been made and (ii) credit the
remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's
Principal Subaccount.
Section 10. Investment Losses.
The Investment Manager shall charge any loss realized from the investment or
reinvestment of moneys to the credit of the Income St~baccount and the Principal Subaccount of'
a Local Unit as follows:
1. losses on moneys to the credit of the Principal Subaccount shall be charged
thereto; and
2. losses on moneys to the credit of the Income Subaccount shall be charged first
to the Principal Subaccount and then to the Income Subaccount.
Section 11. Rebate Computations.
On or before each Computation Date, VPSA will prepare, or cause to be prepared,
in accordance with the provisions of the Letter Agreement the Local Unit Rebate Computations.
The Local Unit Rebate Computation for each Local Unit shall be made on the basis of the
Investment Reports maintained by the Investment Manager for each Proceeds Account.
NYLIBl146737213/18580/OOO63/vacham/$eptember 11, 1998-3:21 ]4
As set forth in the Letter Agreement, the Local Unit Rebate Requirement shall be
calculated separately for each Local Unit. If it is determined, however, that the Local Unit
Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate
Requirement for each Local Unit shall be equal to the percentage of the Aggregate Local Units
Rebate Requirement determined by multiplying the Aggregate Local Units Rebate Requirement
by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated
separately and the denominator of which is the sum of all of the positive Local Unit Rebate
Requirements calculated separately.
If any provision of this Agreement shall become inconsistent with any regulation
or regulations promulgated under Section 148(0 of the Code subsequent to the date hereof,
VPSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable, a
Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or
regulations, and VPSA, the Investment Manager and each of the Local Units hereby further
agree and covenant immediately to make any and all transfers and payments required by Sections
12 and 14 of this Agreement from any moneys on deposit in the Income Subaccount and any
other moneys of the Local Unit legally available for such purpose.
Section 12. Transfers to Income Subaccount.
Upon receipt of the Rebate Report from VPSA, if the amount on deposit in the
Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the
Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly
charge the Principal Subaccount of such Local Unit to the extent the amount on deposit to the
credit of the Income Subaccount is less than the Local Unit Rebate Requirement and credit its
Income Subaccount with an amount such that the balance to the credit of the Income Subaccount
NYLIBl/467372/3/18580/00063/vacham/Septernber 11, 1998 - 3:21 1 5
is equal to the Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon).
To the extent that the amount on deposit in the Principal Subaccount is
insufficient to provide for a deposit to the Income Subaccount such that the balance in the
Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the
Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency,
and, to the extent permitted by law, the Local Unit agrees to transfer promptly to WB, from any
funds that are or may be made legally available for such purpose, the amount required.
To the extent that the amount on deposit in the Income Subaccount exceeds the
Local Unit Rebate Requirement for the Local Unit, the excess over the Local Unit Rebate
Requirement shall be transferred to the Principal Subaccount of the Local Unit.
Section 13. Disposition of Excess Proceeds.
A. When a Local Unit shall certify to VPSA and the Investment Manager that
there are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount
that will not be used for Capital Projects prior to November 19, 2001, such amount shall be
retained in the Proceeds Account and, to the extent such amount is not required to be deposited
to the Income Subaccount pursuant to Section 12, VPSA will, except as provided in the last
sentence of this Section 13A, direct WB to apply such amount to redeem such Local Unit's
Local School Bonds on the earliest possible date that such Bonds may be called without a
penalty or premium. Notwithstanding the foregoing, when a Local Unit shall certify to VPSA
and the Investment Manager that it has made an election under Section 148(f)(4)(C)(viii) or (ix)
of the Code to terminate the Penalty Election, and that, pursuant to Code Section
148(f)(4)(C)(viii)(III) of such termination election, such Local Unit indicates the amount of
NYLIB1/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21 16
Available Construction Proceeds to be applied to the redemption of its Local School Bonds and
the date of such redemption, VPSA will direct the Investment Manager and WB to apply such
amount toward the redemption of such Local Unit's Local School Bonds on the date indicated.
B. In the event, that there are any balances remaining on deposit in either the
Principal Subaccount or Income Subaccount of any Local Unit on November 19, 2001; such
amounts will be invested by the Investment Manager in an Individual Portfolio at a Yield not in
excess of the VPSA's Bond Yield or in tax-exempt obligations.
Section 14. Rebate Payments and Penalty Payments.
A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the
United States Treasury at the direction of \rPSA on behalf of and for the accounts of the Local
Unit and VPSA in accordance with the Letter Agreement.
B. The payment of the Local Unit Rebate Requirement of each Local Unit shall
be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect to
the proceeds of the Local School Bonds on deposit in the Proceeds Account, of the requirements
of Section 148(0 of the Code except to the extent that such issue of Local School Bonds may be
treated as a composite issue under Treasury Regulation §I.150-1(c) with another issue of
obligations.
C. Notwithstanding anything to the contrary herein, if VPSA has made the
Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the
Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or
Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the
Information Statement, a computation of the amount of the Penalty that must be paid to the
United States Treasury pursuant to the Penalty Election.
NYLIB1/467372/3/lg580/OOO63/vachanv'September 11, 1998- 3:21 17
If the amount on deposit in the Local Unit's Income Subaccount and Principal
Subaccount is less than the amount of the Penalty due by such Local Unit, the Investment
Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the
extent permitted by law, the Local Unit agrees to transfer promptly to WB, from any funds that
are or may be made legally available for such purpose, the amount required. The Penalty of each
Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and
for the accounts of the Local Units no later than ninety (90) days after the end of the spending
period to which the Penalty relates.
Section 15. Duties of VPSA.
VPSA shall carry out its duties and responsibilities under this Agreement and may
retain agents, independent contractors and others that it deems qualified to cart3' out any or all of
such duties and responsibilities.
\'TSA shall carry out, or cause to be carried out, all of its responsibilities under
the Letter Agreement.
VPSA shall retain a copy of all Rebate Computations for at least six (6) years
after the retirement of the last of VPSA's Bonds.
VPSA agrees that, except as provided in this Agreement, any rebate liability that
VPSA may have on account of the investment and reinvestment of the Gross Proceeds of
VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a
result of the investment of money credited to funds and accounts created under its bond
resolutions or as a result of the advance refunding of its bonds, shall be the sole responsibility of
VPSA and not any Local Unit.
NYLIBl/46737213118580/OOO63/vacham/September 11, 1998 - 3:21 1 8
Section 16. Duties of WB.
WB shall carry out its duties and responsibilities under the SNAP Documents and
this Agreement.
Section 17. Duties of Local Units.
A. The Local Units will cooperate with VPSA, the Investment Manager and WB
in order to ensure that the purposes of this Agreement are fulfilled. To that end, each Local Unit
covenants and agrees that it will take any and all action and refrain from taking any and all
action, as recommended by its bond counsel, to maintain the exclusion from gross income for
federal income tax purposes of interest on its Local School Bonds to the same extent such
interest was so excludable on the Closing Date.
B. If a Local Unit is required to restrict the Yield on its investments, in order to
comply with such covenant or to maintain the exclusion from gross income for Federal income
tax purposes of the interest on VT'SA's Bonds, it shall timely notify the Investment Manager to
restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general
fund or otherwise set aside or earmark funds with which to pay debt service on its Local School
Bonds (other than as a budget item) prior to the date of payment thereof to VPSA.
C. Each Local Unit agrees to provide for the payment of its Local Unit Rebate
Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate
Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal
income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each
Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for
filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty.
NYLIBl/467372/3/18580/OOO63/vacham/Septcmber 11, 1998-3:21 19
D. Each Local Unit hereby covenants and represents that neither the Local Unit
nor any related party, as defined in Section 1.150-1 (b) of the Treasury Regulations, to such Local
Unit, pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds in an
amount related to the amount of Local School Bonds to be acquired from such Local Unit by
Vt)SA.
Section 18. Responsibilities of the Investment Manager.
The Investment Manager shall be the agent of, and serve at the expense of, the
Local Units, to manage and direct the temporary investment and reinvestment of all moneys to
the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make
such computations as required by this Agreement.
In general, the duties of the Investment Manager shall include those described in
the SNAP Documents.
In particular, the Investment Manager will direct the investment and reinvestment
of moneys to the credit of the Subaccounts of each Local Unit in accordance with the
Information Statement, the Contract and this Agreement.
Section 19. Costs.
Costs of SNAP are payable as provided in the Information Statement. The
difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be
collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA
in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting
discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School
Bonds. VPSA will not charge any other fee to the Local Units for its services or seek
NYLIB1/467372/3/18580/00063/vacham/Septcmber ! 1, 1998- 3:21 20
reimbursement for its fees and expenses, including counsel fees, incurred in connection with the
discharge of its duties and responsibilities under this Agreement.
Section 20. Opinions of Counsel.
On the Closing Date, VPSA and each Local Unit shall furnish an opinion of
counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of
counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this
Agreement are valid, binding and enforceable against such client in accordance with its terms.
Section 21. Amendment.
This Agreement may be amended only with the consent of all the affected parties;
provided, however, that this .Agreement shall be amended whenever, in the judgment of VPSA,
based on an opinion of its counsel, such amendment is required in order to insure that interest on
\.TSA's Bonds shall remain excludable from gross income for federal income tax purposes to the
same extent it xvas, in the opinion of such counsel, so excludable on the Closing Date. VPSA
shall offer to amend this Agreement xvhenever it shall in good faith determine, based on an
opinion of its counsel, that any one or more of the restrictions or requirements imposed by this
Agreement upon the Local Units, or any of them, may be removed or modified without
adversely affecting the exclusion of interest on VPSA's Bonds from gross income for federal
income tax purposes.
Section 22. Notices.
Whenever notice is to be given pursuant to the provisions of this Agreement, such
notice shall be deemed to have been satisfactorily given on the same day if hand delivered or
telecopied during regular business hours or three (3) days after the date of postmark if mailed,
first class mail, postage prepaid, as follows:
NYLIB1/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21 2 ]
if to VPSA, to
by hand
by mail
by telecopier
in any case
Virginia Public School Authority
c/o State Treasurer
3rd Floor, James Monroe Building
101 North 14th Street
Richmond, Virginia 23219
Post Office Box 1879
Richmond, Virginia 23218-1879
(804) 225-3187
Attention: Debt Manager
if to WB, to
By hand
By mail
By telecopier
In anv case
Wachovia Bank, N.A.
1021 East Cary Street
Richmond, Virginia 23219
Post Office Box 27602
Richmond, Virginia 23261
(804) 697-7173
Attention: Anthony J. Conte
Vice President
if to the Investment Manager, to
By hand
By mail
By telecopier
In any case
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
(804) 344-6520
Attention: Al Samper
Senior Vice President
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998 - 3:21 22
if to a Local Unit, to the address or telecopier number indicated on the page of this
Agreement executed by such Local Unit.
Any such address or number may be changed by written notice given to all the
other parties to this Agreement and the Investment Manager, except that a Local Unit need give
such notice only to VPSA, WB and the Investment Manager.
Section 23. No Third Party Beneficiaries.
Except as herein otherwise expressly provided, nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person, firm or
corporation other than the parties hereto any right, remedy or claim, legal or equitable, under or
by reason of this Agreement or any provision hereof, this Agreement and all its provisions being
intended to be and being for the sole and exclusive benefit of the parties hereto.
Section 24. Severability.
In case an3, one or more of the provisions of this Agreement shall for an3' reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of
this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid
provision had not been contained herein. In case any covenant, stipulation, obligation or
agreement contained in this Agreement shall for any reason be held to be in violation of law,
then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant,
stipulation, obligation or agreement of the affected party to the full extent permitted by law.
Section 25. No Personal Liability.
All covenants, stipulations, obligations and agreements of VPSA contained in this
Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA
to the full extent authorized by the laws and permitted by the Constitution of Virginia. No
NYLIB1/467372/3/18580/OOO63/vacham/Scptcmber 11, 1998- 3:21 23
covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant,
stipulation, obligation or agreement of any present or future member, employee or agent of
VPSA or any Local Unit in his individual capacity. No member, officer, employee or agent of
VPSA or any Local Unit shall incur any personal liability in acting or proceeding or in not acting
or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement
and the applicable laws of the Commonwealth of Virginia.
Section 26. Applicable Law.
This Agreement is executed with the intent that the laws of the Commonwealth of
Virginia shall govern its construction.
Section 27. Counterparts.
This Agreement may be executed in one or more counterparts.
NYLIB1/467372/3/18580/OOO63/vacham/September 11, 1998- 3:21 24
Section 28. Effective Date; Term.
This Agreement shall take effect on the Closing Date and shall expire on the date
on which VPSA shall make the final rebate payment required by Part D of the Letter Agreement.
Virginia Public School Authority
By:
Name:
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Wachovia Bank, N.A.
By:
Name: Anthony J. Conte
Title: Vice President
Mentor Investment Advisors, LLC
By:
Name: Al Samper
Title: Senior Vice President
NYLIBl/467372/3/18580/00063/vacham/Scptember 11, 1998- 3:21 25
NAME OF ISSUER:
Page 1 of 2
A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section
22 above:
B. Authorized Representative(s):
Name
Title
Specimen Signature
C. Local School Bonds Closing Date (if not November 19, 1998, enter Date of Issue of
Local School Bonds):
D. Is the Small Issuer Exception applicable to this Issuer? (Ifyes, an opinion of Bond
Counsel and Issuer's covenant is required as per Section 9 herein).
Yes No
E. Eighteen Month Exception Estimated Investment Earnings for purposes of the
Eighteen-Month Exception: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expense allocable to the refunding portion of the issue:
$
NYLIBl/467372/3/lgSg0/00063/vacham/September 11, 1998- 3:21 26
Name of Issuer:
Page 2 of 2
F. Elections with respect to Two-Year Exception:
1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-
Year Exception:
Yes No
issue:
Estimated Investment Earnings: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expenses allocable to the refunding portion of the issue: $
Bifurcation Election to treat the portion of the issue used for construction as a separate
Yes No
If yes, state the portion of the issue used for construction and non-construction, respectively; (the
sum of the following amounts must equal the issue price ors
reduced by any portion used for refunding purposes):
(a) portion of the issue used for construction: $
(b) issuance expenses allocable to the construction portion of the issue: $
(c) portion of the issue used for non-construction: $
(d) issuance expenses allocable to the non-construction portion of the issue: $
5. Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate:
Yes No
City/County
By:
Name:
Title:
NYLIB1/467372/3/18580/OOO63/vacham/Septcmber 11, 1998- 3:21 27
Exhibit A
Page 1 of 2
LOCAL SCHOOL BONDS- NON-SUBSIDY
Local Unit
Albemarle County
Bedford County
Buchanan County
City of Chesapeake
Clarke County
King William County
City of Poquoson
Rappahannock County
City of Roanoke
Roanoke County
Spotsylvania County
Stafford County
Principal Amount of Bonds
NYLIBl/467372/3/18580/OOO63/vacham/September i 1, 1998 - 3:21
A-1
Exhibit A
Page 2 of 2
LOCAL SCHOOL BONDS- SUBSIDY
Local Unit
Augusta County
Campbell County
Giles County
Richmond County
City of Roanoke
Roanoke County
Spotsylvania County
Stafford County
Total:
Principal Amount of Bonds
NYLIB1/467372/3/18580/OOO63/vacham/September 11, 1998- 3:21
A-2
Exhibit B
[No requisition is required in conjunction with a check payable
to a vendor in respect of an invoice due and payable.]
FORM OF REQUISITION FOR REIMBURSEMENT BY
PRE-AUTHORIZED WIRE
[To be used for REIMBURSEMENT to a Local Unit from Local
School Bond proceeds for an invoice or obligation that has been
paid and is eligible for payment from Local School Bond
proceeds.]
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit]
BOND PROCEEDS ACCOUNT - SERIES 1998 B ISSUE
Requisition from the Principal Subaccount
Requisition No. __
("item number")
This requisition for payment from the Principal Subaccount of the Proceeds Account is
submitted in accordance with the provisions of the Proceeds Agreement dated November 19,
1998, among the Virginia Public School Authority ("VPSA"), the undersigned (the "Local
Unit") and the other units of local government signatory thereto, Mentor Investment Advisors,
LLC, as Investment Manager and Wachovia Bank, N.A.. You are hereby notified that you are
authorized and directed by the Local Unit to pay the following obligation from the Principal
Subaccount:
1. The item number of such payment: __
NYLIBl/467372/3/lg580/OOO63/vachanv'September 11, 1998 - 3:21
B-1
2. The amount[s] to be paid: $
3. Purpose by general classification for which such obligation was
incurred:
4. The date(s) the expenditure(s) was/were made:
To reimburse the Local Unit for costs of the School paid by the
Local Unit through ,19_ as follows:
Dated
5. A copy of each supporting [invoice, work order, statement] for which
reimbursement is to be made is attached hereto.
6. The obligation[s] in the stated amount[s] have been paid, and each item
thereof is a proper charge against the proceeds of the Local Unit's Proceeds
Account and has not been the subject of a previous withdrawal from the Proceeds
Account.
7. All of which is hereby certified.
[Name of Local Unit]
By:
Authorized Local Unit
Representative
NYLIB1/467372/3/18580/00063/vacham/September 11, 1998 - 3:21
B-2
Virginia Public School Authority
101 North 14th Street
Richmond, Virginia 23219
Exhibit C
LETTER AGREEMENT
November 19, 1998
Re: Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1998 B
This LETTER AGREEMENT, dated the date shown above (this "Letter Agreement"),
is between the Authority and the Investment Manager. All capitalized terms used herein shall
have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the
Proceeds Agreement to which this Letter Agreement is attached as Exhibit C.
With respect to the VPSA's Bonds, the Code requires that an amount equal to the
VPSA's Rebate Requirement be paid to the United States Treasury. With respect to each issue
of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate
Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs the
Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with the
VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement.
To enable VPSA and the Local Units to fulfill their respective obligations under the
Proceeds Agreement and to make such payments, and to enable the Investment Manager to fulfill
its obligations under this Letter Agreement, the Investment Manager will prepare, on or before
December 1, 1999 and each December 1 thereafter, the Investment Reports for VPSA as of the
preceding November 1 and each Local Unit as of the preceding November 1. On the basis of
such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local
Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each
Computation Date for each Local Unit with respect to its issue of Local School Bonds as
described in paragraph 3 of Part B hereto. In addition, the Investment Manager will, based on
the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local
Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required
so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its
Local Unit Rebate Requirement.
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
C-1
A. Investment Report
With respect to all Nonpurpose Investments acquired during the term of this Letter
Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager
shall maintain separate Investment Reports for each issue of Local School Bonds.
The .Investment Report for each Local Unit shall reflect the investments made with
respect to its Proceeds Account.
B. Rebate Computation on Local School Bonds
VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of
Local School Bonds in accordance with the procedure described below:
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments made, to such Computation Date in accordance with the
requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, transaction costs
incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as
provided in the Information Statement.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments recovered, to such Computation Date in accordance with the
requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to
paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Local Unit Rebate Requirement" as of the Computation Date.
4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not
to charge its general fund or otherwise set aside or earmark funds with which to pay debt service
on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to
VPSA.
5. The Local Unit Rebate Requirement may be treated as being met and no rebate
computation shall be required with respect to the proceeds of the VPSA's Bonds applied to
purchase such Local Unit's Local School Bonds if the XrPSA receives the opinions and
covenants or certification described in Section 9A of the Proceeds Agreement that a Local Unit
meets the requirements of the (a) Six-Month Exception, (b) Eighteen-Month Exception, (c)
Small Issuer Exception, or (d) Two-Year Exception, subject to the provisions described below.
NYLIB1/46 73 72/3/18 580/OOO63/vacham/September 11, 1998 - 3:21
C-2
(a) Six-Month Exception. Notwithstanding the fact that all of the Gross Proceeds
of the Local School Bonds are spent within six (6) months of the date of issue and no
other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the
term of the issue, if Gross Proceeds of the Local School Bonds become available after the
end of the initial six-month period, the Local Unit Rebate Requirement shall be computed
with respect to such Gross Proceeds in accordance with the procedure described above.
(b) Eighteen-MonthException. Notwithstanding the fact that all of the
Gross Proceeds of the Local School Bonds are spent within eighteen (18) months of the
date of issue and no other Gross Proceeds of the Local School Bonds are anticipated for
the remainder of the term of the issue, if Gross Proceeds of the Local School Bonds
become available after the end of the initial eighteen-month period, the Local Unit Rebate
Requirement shall be computed with respect to such Gross Proceeds in accordance with
the procedure described above.
(c) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the
end of calendar year 1998 (i) the opinion of nationally recognized bond counsel that the
Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the
VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (0(2)
and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it
shall provide for the payment of or reimburse VPSA for its payment of the Local Unit
Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to
meet all the requirements of the Small Issuer Exception, then no rebate computation shall
be made with respect to the proceeds of VPSA's Bonds applied to purchase such Local
School Bonds. Although the Local School Bonds of a Local Unit may qualify for the
Small Issuer Exception, custody, investment and disbursement of the proceeds of the
VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall
continue under the Proceeds Agreement, and the Investment Manager shall continue to
provide an Investment Report for such Local Unit.
6. In addition to the foregoing, no rebate comPutation shall be required with respect to
the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a
Penalty Election has been made on behalf of the Local Unit with respect to such Local School
Bonds.
C. Aggregate Rebate Computation on Local School Bonds
In the event that the Treasury Regulations require that the Local Units' Rebate
Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units'
Rebate Requirement in accordance with the procedure set forth below.
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
NYLIBl/467372/3/lg580/OOO63/vacham/September 11, 1998 - 3:21
C-3
made the Penalty Election), as well as any rebate payments made, to such Computation Date in
accordance with the requirements of the Treasury Regulations.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date
in accordance with the requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to
paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Aggregate Local Units' Rebate Requirement" as of the Computation Date.
D. Rebate Payment
1. Upon the calculation of the Local Unit Rebate Requirement for each Local Unit,
VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly
charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit
of its Income Subaccount is less than its Local Unit Rebate Requirement and credit its Income
Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal
to such Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon). To the extent that the amount on
deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income
Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate
Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit
of the amount of the deficiency so that the Local Unit may promptly transfer to WB the amount
required pursuant to Section 12 of the Proceeds Agreement.
2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall
calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired
with the Gross Proceeds of the VPSA's Bonds in accordance with the procedures set forth in the
Tax Certificate executed by VPSA in connection with the issuance of the VPSA's Bonds.
3. The Local Unit Rebate Requirement for each Local Unit, if a positive number, shall
be paid at the direction of VPSA to the United States in installments. Each payment shall be
made not later than sixty (60) days at~er each Computation Date. Each payment must be in an
amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for
each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate
Requirement must be paid to the United States within sixty (60) days after the Final Computation
Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania
19255 and be accompanied by Form 8038-T. VPSA shall make such payment as required.
Investment Reports and records of the determinations made hereunder shall be retained by the
Investment Manager and by VPSA, respectively, until six (6) years after the retirement of the last
of VPSA's Bonds.
NYLIB1/467372/3/185gO/OOO63/vacham/September 1 i, 1998 - 3:21
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E. Definitions
In addition to the words and terms defined in the Proceeds Agreement to which this
Letter Agreement is attached as Exhibit C, the following words and terms shall have the
following meanings:
"Bond Resolution" shall mean the resolution of the Authority adopted on October 23,
1997.
"Fair Market Price" shall mean the purchase price and disposition price of a Nonpurpose
Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price.
An investment that is not of a type traded on an established market, within the meaning of
Section 1273 of the Code, is rebunably presumed to be acquired or disposed of at a price that is
not equal to its fair market value. Accordingly, a premium may not be paid to adjust the yield on
an investment, a lower interest rate than is usually paid may not adjust the yield on an investment
and no transaction may result in a smaller profit or larger loss than would have resulted if the
transaction had been at arm's-length and had the yield with respect to the Bonds not been
relevant to either party. Pursuant to Treasury Regulation Section 1.148-5(d), the following are
safe harbors for establishing the Fair Market Price of certificates of deposit and guaranteed
investment contracts:
(i) Certificate of Deposit. A certificate of deposit with a fixed interest rate,
fixed payment schedule and a substantial penalty for early withdrawal will be deemed
purchased for fair market value if the yield on the certificate of deposit is not less than (i)
the yield on reasonably comparable direct obligations of the United States and (ii) the
highest yield published or posted by the provider to be currently available from the
provider on reasonably comparable certificates offered to the public. See Section 1.148-
5(d)(6)(ii) of the Treasury Regulations.
(ii) Investment Agreement. Investments pursuant to a guaranteed investment
agreement will be regarded as being made at fair market price if (i) the Issuer makes a
bona fide solicitation for a specified guaranteed investment contract; (ii) the Issuer
receives at least three bona fide bids on the investment contract from providers that have
no material financial interest in the Bonds (including as underwriter); (iii) the winning
bidder provides a certificate that (A) lists all recipients, amounts and purposes of each
brokerage fee, placement fee, commission or other similar payment to third parties paid
by or on behalf of the winning bidder in connection with the guaranteed investment
contract, (B) states that the yield on the guaranteed investment contract is not less than
the yield available from the provider on reasonably comparable guaranteed investment
contracts offered to other persons from sources of funds other than gross proceeds of
tax-exempt bonds, and (C) in those agreements wherein the Issuer deposits amounts,
states that the Issuer's reasonably expected draw-down schedule (other than for amounts
deposited in debt service funds or reasonably required reserve or replacement funds) was
a significant factor in the determination of the terms of the guaranteed investment
NYLIBl/467372/3/lg580/OOO63/vacham/September 1 I, 1998 - 3:21
C-5
contract; (iv) the Issuer purchases the highest yielding guaranteed investment contract for
which a qualifying bid was made (determined net of broker's fees); and (v) the terms of
the guaranteed investment contract, including the collateral security requirements, are
reasonable have the same meaning as set forth in the Treasury Regulations.
"Future Value" of a payment or receipt at the end of any period is determined using the
economic accrual method and equals the value of that payment or receipt when it is paid or
received (or treated as paid or received), plus interest assumed to be earned and compounded
over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding
interval and financial conventions used to compute that yield.
"Gross Proceeds" shall have the meaning ascribed to such term in Section 148 of the
Code and shall mean:
(a) amounts actually received or constructively received by VPSA from
the sale of the VPSA's Bonds and the amounts actually or constructively received
by the Local Units from the sale of the Local School Bonds, other than any
interest accruing on the VPSA's Bonds from the dated date to the issue date of
such bonds;
(b) amounts treated as Transferred Proceeds (as defined in Treasury
Regulations Section 1.148-9) of the \rpSA's Bonds or the Local School Bonds, if
any;
(c) amounts that are reasonably expected to be or are in fact used to pay
debt service on the Bonds including amounts in the sinking fund portion of the
1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under
the Bond Resolution;
(d) securities or obligations pledged by the Vi'SA or Local Unit as
security for payment of debt service with respect to the VPSA's Bonds or the
Local School Bonds;
(e) amounts received with respect to any investments acquired with Gross
Proceeds for the purpose of carrying out the governmental purpose for which the
VPSA's Bonds or the Local School Bonds were issued, including the Local
School Bonds, except that such amounts shall not include amounts, if any, that are
properly allocable to qualified administrative costs recoverable under Treasury
Regulation Section 1.148-5(e) or to the higher yield permitted under Treasury
Regulation Section 1.148-2(d) or Section 143(g) of the Code;
(f) amounts treated as "replacement proceeds" of the VPSA's Bonds or
the Local School Bonds within the meaning of section 1.148-1 (c) of the Treasury
Regulations;
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
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(g) any funds that are part of a reserve or replacement fund for the VPSA
Bonds or Local School Bonds; and
(h) amounts received as a result of investing any Gross Proceeds.
Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to the
extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local
School Bonds. The determination of whether an amount is included within this definition shall
be made without regard to whether the amount is credited to any fund or account established
under the Bond Resolution, or whether the amount is subject to the pledge of the Bond
Resolution.
For purposes of subsection (d) above, an amount is pledged to pay principal or interest
~vith respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the
amount will be available for such purposes in the event that the VPSA or Local Unit encounters
financial difficulties. An amount can be indirectly pledged to pay principal or interest with
respect to VPSA's Bonds or Local Sc.hool Bonds if it is pledged to a guarantor of either or both
such bonds. An amount may be "negatively" pledged to pay principal or interest with respect to
VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at
a particular level for the direct or indirect benefit of the holders of the bonds or a guarantor of the
bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may grant
rights in the amount that are superior to the rights of the holders of the bonds or a guarantor of
the bonds, or (ii) the amount does not exceed reasonable needs for which it is maintained, the
required level is tested no more frequently than every 6 months, and the amount may be spent
without any substantial restriction other than a requirement to replenish the amount by the next
testing date.
Ifa decision is made to apply any insurance or condemnation proceeds to the redemption
of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or
replacement, any such proceeds become Gross Proceeds on the date of such a decision.
The definition of Gross Proceeds has been set out in full for the sake of completeness.
With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local
Unit's Proceeds Account except to the extent that the Local School Bonds may be part of a
composite issue under Treasury Regulation §1.150-1(c), or the Local Unit may have retained
Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total
of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided
above, and the amounts on deposit in the sinking fund portion of its 1997 Income Fund under the
Bond Resolution and the 1997 Sinking Fund under the Bond Resolution.
"Investment Report" shall mean the record of investment activity maintained by the
Investment Manager with respect to the investment property and the Local Units, as described in
the Letter of Instructions to the Investment Manager from the Treasury Board of the
Commonwealth of Virginia dated May 4, 1994.
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
C-7
"Local Unit's Rebate Requirement" shall mean the sum of (i) the excess of (A) the
aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of the
Local School Bonds over (B) the amount that would have been earned if the Nonpurpose
Investments had a Yield equal to the VPSA's Bond plus (ii) any income attributable to the excess
described in clause (i).
"Nonpurpose Investments" shall mean any security, obligations, annuity contract or any
other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury
Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or
the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments.
Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase
price of the Nonpurpose Investment is the Fair Market Price.
"Rebate Calculation Agent" shall mean that accounting firm xvith a favorable national
reputation in the field of the calculation of amounts subject to rebate to the United States under
Section 148(0 of the Code and the Temporary Regulations that has been appointed under Section
9.2 of the Contract or by VPSA.
"Tax-Exempt Investments" shall include:
(i) obligations the interest on which is excludable £rom gross income for
federal income tax purposes, and not treated as an item of tax preference under
Section 57(a)(5)(C) of the Code,
(ii) stock in a regulated investment company to the extent that at least 95°4
of the income to the holder of the interest is excludable from gross income under
Section 103 of the Code, and
(iii) certificates of indebtedness issued by the United States Treasury
pursuant to Demand Deposit State and Local Government Series program
described in 31 CFR part 344 ("SLGs").
"Treasury Regulations" shall mean the Treasury Regulations Sections 1.148-0 through
1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(e)-1, 1.149(g)-1, Section 1.150-1 and Section 1.150-2, as
amended from time to time hereaRer, and other regulations promulgated under Section 148 of
the Code.
"VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate
amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's
Bonds over 03) the amount that would have been earned if the Nonpurpose Investments had a
Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in
clause (i).
"Yield", for purposes of this Letter Agreement, shall be calculated pursuant to the
Treasury Regulations by means of an actuarial method of yield calculation whereby "yield"
means that discount rate which, when used in computing the present value of all the
unconditionally payable payments of principal and interest and all the payments for a qualified
NYLIBl/467372/3/18580/00063/vacham/September 11, 1998 - 3:21
C-8
guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue
price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is
%. The Yield on investments must be computed by the use of the same frequency
interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and the
Local School Bonds.
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
C-9
F. Amendments
In order to comply with the covenants by VPSA and each of the Local Units regarding
compliance with the requirements of the Code and the exclusion from federal income taxation of
the interest paid and to be paid on the Local School Bonds and VPSA's Bonds, the procedures
described in this Letter Agreement may be modified as necessary, based on the advice of
counsel, to comply with rulings, regulations, legislation or judicial decisions as may be
applicable to such bonds.
Very truly yours,
VIRGINIA PUBLIC SCHOOL AUTHORITY
By:
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Accepted: Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
NYLIBl/467372/3/18580/OOO63/vacham/September 11, 1998 - 3:21
C-10
Exhibit D
AUTHORIZED REPRESENTATIVES
The following are the Authorized Representatives of Virginia Public School Authority,
Wachovia Bank, N.A. and Mentor Investment Advisors, LLC
VIRGINIA PUBLIC SCHOOL AUTHORITY:
Name Title
Specimen Signature
Richard A. Davis
Assistant Secretary
and Assistant Treasurer
Gary Ometer
Assistant Secretary
and Assistant Treasurer
Name
Anthony J. Conte
WACHOVIA BANK, N.A.:
Title
Vice President
Specimen Signature
Al Samper
Name
MENTOR INVESTMENT ADVISORS, LLC:
Title Specimen Signature
Senior Vice President
NYLIB1/467372/3/18580/OOO63/vacham/Scptcmber 11, 1998 - 3:21
D-I
The Roanoke Times
Ad Number: 880828
Publisher's Fee: $122.40
ROANOKE CITY SCHOOLS
RICHARD L. KELLEY, ASST.
P. O. BOX 13145
ROANOKE, VA 24031
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:
09/21/98 FULL RUN - Monday
09/28/98 FULL RUN - Monday
Witness, this 28th day of September 1998
NOTICE OF PUBUC HEARING
ON PROPOSED BOND
RNANCING BY THE CITY
OF ROANOKE, VIRGINIA
Notice is hereby given that the
Council of the City of Roanoke,
Virginia (the "Council") will hold
a public heming, which may be
continued or edjoumed, as
required under applicable lew,
at 2:00 P.M. on October 7,
1998, at the Municipal Build.
inf. 215 Church Avenue, S.W.,
Roanoke, Vir~nia, in connec-
tion with the intention of the
Council to consider for passage
a resolution approving the issu-
ance by the City of its general
obligation bond or bonds in an
amount not to exceed
$5,200,000 (the "Bonds") for
the purpose of financing cer-
taln capital improvements in
co~nestion with Lucy Addison
Middle School in the City of
Roanoke. Any citizen interested
in the Issuance-of the Bonds
may appear and be heard.
Given under my hand this 21
day of September, 1998.
Ma~y F. Parker, City Clerk
Roanoke, Virginia
(880828)
Authorized Signature
NOTICE OF PUBLIC HEARING ON
PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council")
will hold a public heating, which may be continued or adjourned, as required under applicable law,
at 2:00 P.M. on October 7, 1998, at the Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, in connection with the intention of the Council to consider for passage a resolution
approving the issuance by the City of its general obligation bond or bonds in an amount not to
exceed $5,200,000 (the "Bonds") for the purpose of financing certain capital improvements in
connection with Lucy Addison Middle School in the City of Roanoke. Any citizen interested in
the issuance of the Bonds may appear and be heard.
Given under my hand this 21 day of September, 1998.
Mary F. Parker, City Clerk
Roanoke, Virginia
Note to Publisher:
Please publish once in The Roanoke Times on Monday, September 21, 1998 and Monday,
September 28, 1998.
Send Publisher's Affidavit to:
George J.A. Clemo, Esquire
Woods, Rogers & Hazelgrove, P.L.C.
P.O. Box 14125
Roanoke, VA 24038-4125
Send the Bill to:
Richard L. Kelley, Assistant Superintendent
of Operations
Roanoke City Schools
P.O. Box 13145
Roanoke, VA 24031
Send Publis~
NOiiOEOF~PUBLiCHFr. ARiNG Mary F. Par
o~ ~oPOS£o.o.o 215 Church'
nN~cIna BY THE ClW
OF ROAN~E, ~RGIN~ '~00~
N~J~ Js hereby ~ ~ ~
~uncil of the C~ ~ Roan~e, ~0
~a (the '*Co~il") will held
a publ~ beaH~ ~ich m~y ~
continu~ or ad~u~
~ui~ under ~l~ law,
~ 2:~ P.M. on ~o~r 7,
1~, ~ t~ M~icipal BuiM-
ing, 215 Church A~nue, S.W.,
R~noke, Vir~nia, in ~nn~-
Council to ~nslder ~r pa~e
a m~l~n ~p~ng ~e i~-
an~ by ~e C~ of i~ ge~ml
o~l~on ~ or ~nds in an
amount ~not to exceed
"5,2~,~(the "B~ds') for
t~ pu~ of flnancl~ c~-
~in capi~l impmvemen~ in
conn~i~ w~ Lucy ~di~n
Middle ~1 in the C~ of
R~n~e. ~y cR~en
in ~e I~n~ of the B~
~ ap~ar ~nd ~ hea~.
Giv~ under ~ ha~ ~is 21
day o~ ~t~r, 1~.
Maw F. Pa~e(, CiW
R~e; Vi~a
(~28)
,or'~ Affidavit to:
NO~CE OF PUBUC HEARIN(I
FINAN(~NG BY THE CITY
Notice is hereby pvefl that the 'g
· public h~arln~ which may be
contlnuad*~ ~r adjourned, as
required und~ aPl~Cable I~w,
at 2:00 P.M. on October 7,
1998, at the Municipal BulM-
lng, 215 Church Avenue, S.W.,
Ro~moke, Vir~nla, In cmtaec.
tlon ~h the iaten~on of the
Coun~l to ¢on~d~f for i~
· fe~3~tlo~ ~oprovt~ the issu-
ance by ~he CR~o~ I~ ~nef~l
ob~ bon~ of ~onds In an
emount noi to ~excee~
~he puq~o~ of flf~ncln~ cer-
~ c~plt~l Improvements In
~ ~ In the City of
In ~h~ is~u~R~ of ~he Bond~
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 6, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, July 6,
1998, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Recjular Meetin[Is, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
· Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
STATE HIGHWAYS: William F. Clark, Director of Public Works, advised that
the purpose of the meeting is to conduct a briefing on proposed 1-73. He called upon
Fred C. Altizer, District Administrator, Virginia Department of Transportation.
Mr. Altizer introduced the 1-73 study team, and discussed the process of the
Virginia Department of Transportation (VDOT) in reviewing the entire corridor
between 1-81 on the northern segment and the North Carolina line. He introduced
Patsy Napier, representing the Location and Design Division of VDOT in Richmond,
who addressed the process to date, and advised that in January a series of
informational meetings were held at three locations throughout the corridor in
Roanoke, Rocky Mount, and Collinsville. She noted that the study team gathered
public input and compiled approximately 300 alternative lines, which were narrowed
down to a combination of all of the lines on a map which was on display in the
Council Chamber; and another series of information meetings were held in May 1998
to explain the status of the project and to provide another opportunity for input
regarding the lines and alternatives that are proposed to be included in the
environmental document and the location study. She called attention to meetings
that were recently held in Botetourt County and the City of Salem, and advised that
public participation is critical due to strong feelings about the proposed lines and
it is important for citizens to understand how VDOT reached its conclusions,
therefore, VDOT is making every effort to insure that all persons understand the
study process. She advised that during the latter part of July, study team members
will be in the field performing technical environmental work which is required for the
environmental document, and when VDOT officials return to Roanoke in
approximately one year for the location public hearing, all necessary information will
be available to make an informed and intelligent decision on the alternative that City
Council believes will be in the best interest of the citizens of the City of Roanoke.
Susan Killen, Project Manager, advised that the consultant team is a part of
the location study team and works in partnership with VDOT. She explained the
process and reviewed the National Environmental Policy Act (NEPA) which was
signed into law on January 1, 1970, and is the mid point to a long process of
constructing 1-73. She advised that public input is crucial in order to make a good
decision for the region because 1-73 will be a huge investment, many choices should
be offered to the region in terms of decision making, and if the roadway moves
forward, final design and construction will begin; therefor, at this point, barriers are
being broken so that the project can move forward. She explained that NEPA
consists of various stages, the first of which is a review of purpose and needs for
1-73, reviewing concepts of the interstate system, economic development, and local
and national needs, etc., inasmuch as 1-73 will begin around Myrtle Beach, South
Carolina and extend to Detroit, Michigan. She referred to a handout which illustrated
numerous road choices and advised that the study team divided those choices into
segments as indicated on a handout, and for each segment, a record was
documented as to the reasons for removal of that segment. She stated that Council
and the public are requested to provide input before the study team moves into the
technical analysis portion of the study and because 1-73 is an important regional
decision, VDOT would like to insure that the City has the benefit of all public
comments. She advised that all technical studies will be completed in late Fall or
early Winter which will provide sufficient time to assemble the environmental impact
statement which the Federal Highway Administration, as the lead agency, must
approve. She noted that small workshops will be held, and information will be
disseminated so that interested persons will have the necessary information prior
to the public hearings; and following the public hearings, the study team will
respond to all public comments received during the draft Environmental Impact
Study review, issue a final environmental impact statement, followed by a record of
decision which will be issued by the Federal Highway Administration.
Mr. Altizer advised that the Virginia Commonwealth Transportation Board will
program 1-73 as a Federal aid road which will require a record of decision to back up
the draft environmental document. He further advised that at a public hearing to be
held in the Spring of 1999, the Commonwealth Transportation Board would like to
know the thoughts of the community and Council regarding the favored alternative,
2
and the Commonwealth Transportation Board will most likely take action some time
in late Summer of 1999, followed by final document and approval in approximately
10 - 12 months.
The Assistant City Manager advised that the City has and will continue to
monitor the 1-73 process through the City's Traffic Engineer and the Director of
Public Works. He explained that the City does not know what is the best route at
this point; however, at some time in the future Council will be asked by VDOT to vote
on the matter; therefor, Council can expect a staff report detailing the advantages
and disadvantages of each alternative. He advised that City staff will make a
recommendation to Council in sufficient time to notify VDOT of the City's preferred
route by approximately early Summer of 1999.
It was suggested that there be another briefing on 1-73 at a 2:00 p.m., session
of Council within the next six months which would be televised on RVTV Channel 3,
and that the City Manager consider including a program on the City Manager's
Report on RVTV Channel 3.
There being no further business, the Mayor declared the meeting in recess at
1:20 p.m., to be reconvened in the City Council Chamber at 2:00 p.m., on that date,
at which time the Organizational Meeting of Council will be held.
On Monday, July 6, 1998, at 2:00 p.m., the Council of the City of Roanoke held
its Organizational Meeting in the Roanoke City Council Chamber, fourth floor,
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A.
Bowers presiding, pursuant to Section 10, Meetings of Council, of the Charter of the
City of Roanoke at which time the newly elected Members of the Council will
officially take their seats.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk
COUNCIL: The Mayor advised that the purpose of the
Organizational Meeting was for the newly elected Members of Council
to officially take their seats; whereupon, he referred to a report of the
City Clerk advising of the qualification of the Honorable C. Nelson
3
ACTION:
ACTION:
ACTION:
Harris, W. Alvin Hudson, Jr., and William White, Sr., as Members of the
Roanoke City Council, for terms of four years, each, commencing
July 1, 1998, and ending June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
of qualification would be received and filed.
COUNCIL: Mr. Trout offered the following resolution recognizing
the Honorable C. Nelson Harris to be a Member of the City Council and
Vice-Mayor of the City of Roanoke for a term commencing July 1, 1998
and continuing for a period of two years and until his successor has
been elected and qualified:
(#33894-070698) A RESOLUTION recognizing the HONORABLE
C. NELSON HARRIS to be a member of the City Council and Vice-Mayor
of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 61, page 7.)
Mr. Trout moved the adoption of Resolution No. 33894-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
COUNCIL-ACTS OF ACKNOWLEDGEMENT: Mr. White offered the
following resolution recognizing and commending the Honorable
Linda F. Wyatt for her service as Vice-Mayor of the City of Roanoke
from July 1, 1996 through June 30, 1998:
(#33895-070698) A RESOLUTION recognizing the services of the
HONORABLE LINDA F. WYATT as Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 61, page 8.)
Mr. White moved the adoption of Resolution No. 33895-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
4
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
and Mayor Bowers ...................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt abstained from voting.)
COUNCIL: The City Attorney submitted a written report advising
that new Section 15.2-1416, Code of Virginia (1950), as amended, a part
of the recodification of Title 15.1 which has been effective since
December 1, 1997, requires each governing body of a city or town to
hold an annual or organizational meeting in conjunction with the first
regular meeting in the month of July of each year; and at such meeting,
Section 15.2-1416 requires that Council establish a schedule of days,
times and places of regular meetings to be held during the ensuing
months; whereupon, the City Attorney transmitted a resolution which
makes no change in Council's regular meeting schedule, and by
adoption of the measure, Council will comply with new Section 15.2-
1416.
Mr. Dibling explained that new Section 15.2-1416 imposes some
new procedures that must be adhered to by Council when the place or
date or time of a meeting is changed; and if the place or date or time of
a regularly scheduled meeting is changed, Council will be required to
adopt a measure establishing the new meeting place, date or time; and
in addition, a copy of the measure must be posted adjacent to the
doors of the Council Chamber and inserted in a newspaper having
general circulation in the City at least seven days prior to the date of
the meeting affected by a change in place, date or time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33896-070698) A RESOLUTION establishing a meeting schedule
for City Council for the Fiscal Year commencing July 1, 1998, and
terminating June 30, 1999.
(For full text of Resolution, see Resolution Book No. 61, page 9.)
Mr. Trout moved the adoption of Resolution No. 33896-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
5
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
COMMITTEES-COUNCIL: A communication from the Mayor
proposing the following committee assignments for the Members of
Council for the period July 1, 1998 through June 30, 2000, was before
the body.
(For full text, see communications under date of June 11, 1998 and
June 18, 1998.)
Vice-Mayor C. Nelson Harris:
Roanoke Civic Center Commission (Council Liaison)
Roanoke Neighborhood Partnership Steering Committee
(Council Liaison)
Audit Committee
Budget and Planning Committee
Personnel Committee
Roanoke Arts Commission (Council Liaison)
Mill Mountain Zoo, Inc (Council Liaison)
Legislative Committee
Virginia Municipal League General Laws Policy Committee
Council Member W. Alvin Hudson, Jr.:
Virginia CARES Board of Directors
Budget and Planning Committee
Water Resources Committee
Personnel Committee
Fifth Planning District Commission
Roanoke Valley Regional Cable Television Committee
Bid Committee
Council Member Carroll E. Swain:
Roanoke Valley Area Metropolitan Planning Organization
Audit Committee
Budget and Planning Committee
Personnel Committee
War Memorial Committee
6
ACTION:
City of Roanoke Transportation Safety Commission
Mayor's Committee for People With Disabilities
Bid Committee, Chairperson
Virginia Municipal League Transportation Policy Committee
Council Member James O. Trout:
Roanoke Valley Convention and Visitors Bureau,
Board of Directors
New River Valley Commerce Park Study Committee
Budget and Planning Committee
Water Resources Committee
Roanoke Redevelopment and Housing Authority
(Council Liaison)
Mill Mountain Advisory Committee
War Memorial Committee
Economic Development Commission, Chairperson
Virginia Museum of Transportation, Board of Directors
Virginia Municipal League General Laws Policy Committee
Council Member William White, Sr.:
Audit Committee
Budget and Planning Committee
Personnel Committee
Legislative Committee, Chairperson
Council Member Linda F. Wyatt:
Metropolitan Transportation District Study Committee
Budget and Planning Committee
Water Resources Committee
Legislative Committee
Personnel Committee
Fifth Planning District Commission
Total Action Against Poverty, Board of Directors
Economic Development Commission
Virginia Municipal League Human Development and
Education Policy Committee
Mr. Trout moved that Council concur in the Mayor's proposed
committee assignments for the Members of Council. The motion was
seconded by Mr. Hudson and unanimously adopted.
7
There being no further business, at 2:10 p.m., the Mayor declared the
Organizational Meeting adjourned.
On Monday, July 6, 1998, at 2:00 p.m., immediately following adjournment of
the Organizational Meeting, the regular meeting of City Council reconvened in the
Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with the following Council Members in attendance,
Mayor Bowers presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers--: ...................................................................................................... 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Larry
Atkin, Pastor, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
STATE OF THE CITY REPORTS: The Mayor presented his 1998
State of the City Address. He advised that in his sixth year as Mayor of
Roanoke, there are many things that he could point to as
accomplishments over the last year; however, there are too many to
mention, but he would be remiss if he did not commend the citizens of
Roanoke on their overwhelming 78 per cent support for the November
1997 $39 million bond issue. He further advised that this approval of
funding, which required no tax increase, when matched with State and
Federal grants and subsidies, will yield $82 million worth of
infrastructure improvements in schools, streets, Police Department
improvements, and economic development efforts.
The Mayor stated that his first proposal is to establish a City
committee to assist Roanoke's nationally recognized Julian Wise
Foundation To-The-Rescue Museum in developing a permanent home
in the Roanoke Valley. He stated that for the sixth year, the National
8
EMS Memorial Service has been held in Roanoke, and it is appropriate
that the National Memorial Service be held in Roanoke; and it is also
just as important that the National To-The-Rescue Museum honoring
the history of volunteer rescue squads, emergency medical service
providers and others find a permanent home in the Roanoke Valley
where the world effort in this cause was founded. To this end, the
Mayor requested that Vice-Mayor C. Nelson Harris and Council Member
James O. Trout, at least one member of the Fire EMS Department and
the President of the Roanoke Firefighters Association, or his designee,
serve on a committee, along with representatives of the Julian Stanley
Wise Foundation To-The-Rescue Museum, and interested citizens.
The Mayor advised that his second initiative is entitled,
"Roanoke's Promise". He explained that "America's Promise" is a not-
for-profit organization dedicated to bringing critical resources to the
children who need them and pointed out that in 1998, it is time for
Roanoke to make a promise to its at-risk young people through a
public/private partnership involving Roanoke's local government as
well as families, teachers, churches, and businesses. He added that
protecting the safety, health and success of Roanoke's children is its
most important mission; and this program, proposed to be known as
"Roanoke's Promise", is a call for action for citizens in the community
to get involved and to make a difference in a child's life. He explained
that it is the goal of "America's Promise" and "Roanoke's Promise" to
mobilize civic and political leaders, communities of faith, and active
people in the community to equip every at-risk young person with five
tools or resources that create opportunities for success, i.e.:
To be a mentor, an on-going relationship with a caring
adult as a mentor, tutor or coach.
To protect, and to provide safe places and structured
activities during non-school hours for our children;
To nurture, a healthy start;
To prepare our children with a marketable skill through
effective education;
To serve and to teach our young people how important it
is to give back to their community through community
service.
9
The Mayor requested that Council Members Linda F. Wyatt and
Carroll E. Swain serve as Council's representatives to an "Roanoke's
Promise" Committee in order to get this initiative underway.
The Mayor advised that his third and final initiative is referred to
as, "Star 2000". He stated that on November 24, 1999, the Roanoke Star
will have shined over the City for 50 years and in 18 months the nation
and the world will begin to celebrate the new millennium. He requested
that Council Members William White and W. Alvin Hudson represent
Council on a Citizens' Committee selected to promote 1999 and 2000
to celebrate Roanoke's Star and to begin a series of activities for the
new millennium, which celebration should tie in with the President's
call that "every City should find one place important to that City's
heritage, and restore it to honor the past and imagine the future."
The Mayor noted that Roanoke is known as "Virginia's Festival
City", and 1999 and the first part of the year 2000 will give all Roanoke
citizens an opportunity to celebrate this historic event in time and to
look back on the many accomplishments of our City over the last
century. He called attention to discussions with regard to a history
walk in Roanoke in conjunction with new millennium activities. He
suggested that an appropriate part of Roanoke be designated as a
history walk with plaques and other memorabilia honoring the many
people and the historic occasions that have so greatly influenced the
City of Roanoke. He requested that Council Members William White
and W. Alvin Hudson join with him as liaisons to this project, along with
Council Member Carroll E. Swain to inaugurate a celebration that
recognizes the 50th anniversary of the Roanoke Star, commemorates
the history of the last 100 years in Roanoke, meets the President's
challenge, and celebrates the coming of a new millennium to the world.
The Mayor requested that the abovedescribed initiatives be
referred to the City Manager for implementation.
(For full text, see 1998 State of the City Address on file in the City
Clerk's Office.)
Mr. White moved that the recommendations contained in the
1998 State of the City Address by the Mayor be referred to the City
Manager for review and report to Council. The motion was seconded
by Mr. Trout and unanimously adopted.
10
ACTION:
ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor
presented a plaque and crystal star to Ms. Julie Erickson, a recent
graduate of Lord Botetourt High School, winner of art competition in
connection with the Pskov, Russia Sister City Program.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor
presented a proclamation designating Monday, July 6, 1998, as
Ashlea D. Barrett Day, recipient of the Bronze Congressional Award.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-FIRE DEPARTMENT-ACTS OF
ACKNOWLEDGEMENT: The Mayor presented a proclamation
designating Monday, July 6, 1998, as William R. And Martina D.
Johnson Day, in recognition of their efforts to alert residents of
northwest Roanoke of a fire in their apartment building.
(For full text, see Proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to two requests for Executive Session to
discuss the disposition of publicly held property, specifically the
conveyance of land and a building in the downtown area; and
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council which were
held on Monday, April 6, 1998, and Monday, April 20, 1998, were before
the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
11
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUILDINGS/BUILDING DEPARTMENT-COUNCIL: A report of the
City Manager requesting that Council convene in Executive Session to
discuss a matter with regard to disposition of publicly held property,
specifically the conveyance of land and a building in the downtown
area, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter with
regard to disposition of publicly held property, specifically the
conveyance of land and a building in the downtown area, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Swain and adopted by the following vote:
12
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee
which was held on Monday, June 1, 1998, were before the body.
The Audit Committee considered the following items:
FINANCIAL AUDITS:
KPMG Peat Marwick General Audit Plan -
June 30, 1998
Jail Inmate Fund
Sheriff's Canteen Fund
FINANCIAL RELATED AUDITS:
Worker's Compensation
Library Cash Receipts
Fleet Management Briefing
Municipal Auditing 1999 Audit Plan
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the Minutes be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE-PENSIONS: A report of the Director of
Finance transmitting information mailed to 367 employees who elected
to remain under the retirement provisions of the Employee's Retirement
System (ERS), informing the employees of the benefit structure
13
ACTION:
ACTION:
provided under each retirement plan and offering a window of
opportunity to transfer to the Employees' Supplemental Retirement
System (ESRS), through August 31, 1998, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
SCHOOLS-PENSIONS-ROANOKE ARTS COMMISSION-
CULTURAL SERVICES COMMITTEE-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
Melinda J. Payne and Ruth C. Willson as Trustees of the
Roanoke City School Board for terms of three years each,
commencing July 1, 1998, and ending June 30, 2001;
Earnest C. Wilson, Sr., as a member of the Board of
Trustees, City of Roanoke Pension Plan, for a term ending
June 30, 2000;
Eva Darcel Walters as a member of the Roanoke Arts
Commission for a term ending June 30, 2001; and
George A. Kegley as a member of the Cultural Services
Committee for a term ending June 30, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
14
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$225,000.00 for the Title I Even Start Family Literacy Grant
to provide staff and funding for parental and preschool
workshops for family literacy efforts at the preschool and
adult education level; this is a new program which is one
hundred percent reimbursed by Federal funds;
$156,603.00 for the Title VI Program to provide funds for
implementation of an innovative instructional program in
the school district and to provide visiting teacher
services; this continuing program will be reimbursed by
Federal funds in the amount of $111,217 with a local match
in the amount of $45,386.00;
$1,023,769.00 for the Governor's School Program to
provide instruction in science and math to high school
students; this continuing program will be supported by
State funds and tuition collected from participating school
districts;
$63,423.00 for the Child Development Clinic Program to
provide funds for salary and expenses of the educational
coordinator at the clinic; this continuing program is one
hundred percent reimbursed by State funds;
$61,024.00 for the Child Specialty Services Program to
provide funds for salary and expenses of the educational
coordinator; this continuing program is one hundred
percent reimbursed by State funds;
$111,785.00 for the Juvenile Detention Home Program to
provide funds for salary and expenses of the two
educational coordinators; this continuing program is one
hundred percent reimbursed by State funds;
15
$132,864.00 for the Preschool Incentive Program to
provide orientation and evaluation for handicapped
students who will be entering the public school system for
the first time during the fall; this continuing program is
one hundred percent reimbursed by Federal funds;
$139,180.00 for the Adult Basic Education Program to
provide funds for the education of adults who have not
completed high school; this continuing program is
reimbursed by Federal funds in the amount of $116,480.00
with matching funds in the amount of $22,700.00;
$130,650.00 for the Apprenticeship Program to provide on-
the-job and classroom vocational instruction for students
in the apprenticeship program; this continuing program
will be funded by the State and fees paid by participants;
$327,793.00 for the Perkins Act Program to provide funds
for vocational instructors and equipment; this continuing
program is one hundred percent reimbursed by Federal
funds;
$60,173.00 for the Drug Free Schools Program to provide
funding for a student assistance counselor at the
secondary level to work with substance abuse issues; this
continuing program is one hundred percent reimbursed by
Federal funds;
$1,305,000.00 for the Flow Through Program to provide aid
for the education and guidance of handicapped students;
this continuing program is one hundred percent
reimbursed by Federal funds;
$2,710,674.00 for the Title I Winter Program to provide
remedial reading, language arts and mathematics
instruction for students in targeted schools; this
continuing program is one hundred percent reimbursed by
Federal funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
16
ACTION:
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33897-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 10.)
Mr. Trout moved the adoption of Ordinance No. 33897-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Council Member White expressed concern with regard to the
condition of certain school buildings, and advised that one such school
building recently underwent major renovations. He requested that the
School Board take the necessary measures to insure that school
buildings are inspected and maintained in a first-class manner. He
advised that the condition of lawns on certain school properties also
raise concern, and he had discussed the matter of proper maintenance
of City property in and around school facilities with the City Manager.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CONVENTION AND VISITORS BUREAU: The City
Manager submitted a written report advising that Council adopted an
annual operating budget which included $525,000.00 for the Roanoke
Valley Convention and Visitors Bureau for fiscal year 1998-99; Council
requests assistance from the Convention and Visitors Bureau in
marketing and selling Roanoke and desires assurance that the funds
17
will be used for these purposes; and the City Administration has
negotiated an agreement with the Convention and Visitors Bureau to
assure that the City's funds will be used for these purposes.
It was further advised that the Roanoke Valley Convention and
Visitors Bureau will submit, for approval by the City Manager, a budget
setting forth the anticipated expenditures of City funds involved, no
later than August 14, 1998.
The City Manager recommended that Council approve four
payments, totaling $525,000.00 to the Roanoke Valley Convention and
Visitors Bureau, and that he be authorized to execute an agreement for
a term of one year with the Convention and Visitors Bureau for the
express purpose of marketing the Roanoke Valley as a regional
destination for convention, conference, leisure and business travel.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33898-070698) A RESOLUTION authorizing an agreement with
the Roanoke Valley Convention and Visitors Bureau for the purpose of
increasing tourism in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 61, page 20.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 33898-070698.
The motion was seconded by Mr. Swain.
David L. Kjolhede, Executive Director, Roanoke Valley
Convention and Visitors Bureau, expressed appreciation for the City's
support of the Convention and Visitors Bureau.
Mr. Swain inquired as to what would happen if a locality failed to
participate in funding of the Roanoke Valley Convention and Visitors
Bureau, and advised of his intention to request that the City Manager
develop a contingency plan to address the matter, should the need
arise.
Mr. White referred to the proposed agreement between the City
of Roanoke and the Roanoke Valley Convention and Visitors Bureau
(RVCVB), and suggested that the word "donation" be changed to
"investment or expenditure". He requested that the City Manager
18
prepare a study of the most efficient and effective method of delivering
services with the $525,000.00 appropriation by the City of Roanoke to
the Roanoke Valley Convention and Visitors Bureau and that the report
be submitted to Council as a part of 1999-2000 budget study
deliberations.
In clarification of Mr. White's request regarding the wording in
the proposed agreement between the City and the RVCVB, the City
Attorney advised that before the agreement is executed, the wording
will be fine tuned and more appropriate language will be inserted in lieu
of "donation".
Council Member Wyatt requested that the Roanoke Valley
Convention and Visitors Bureau consider marketing the Roanoke Valley
as the gateway City to the Appalachian Mountains because of the
Valley's unique art, music, etc.
Following further discussion and without objection by Council,
the Mayor advised that the request of Council Member White that the
City Manager prepare a study of the most effective and efficient method
of delivering services with the $525,000.00 appropriation by the City to
the Roanoke Valley Convention and Visitors Bureau would be referred
to 1999-2000 budget study.
Resolution No. 33898-070698 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HOTEL ROANOKE AND CONFERENCE CENTER-
VIRGINIA TECH: The City Manager submitted a written report advising
that Council authorized the establishment of an Agency Fund entitled
"Hotel Roanoke Conference Center Commission" on July 27, 1992; the
operating budget for the Hotel Roanoke Conference Center
Commission must be approved by Council and the Virginia Tech Board
of Visitors, pursuant to Sections 21B and C of the Hotel Roanoke
Conference Center Commission Act; and the operating subsidies are
to be equally divided between the City of Roanoke and Virginia Tech.
19
ACTION:
It was further advised that the Hotel Roanoke Conference Center
Commission adopted an operating budget for fiscal year 1998-99 on
June 25, 1998, which is intended to cover operating expenses of the
Conference Center as managed by Doubletree Hotels, Inc.; the Virginia
Tech Board of Visitors approved its subsidy amount of $175,000.00 at
its meeting on April 24, 1998; and the City's General Fund budget
adopted on May 11, 1998, included the City's subsidy amount of
$175,000.00.
The City Manager recommended that Council authorize approval
of the Hotel Roanoke Conference Center Commission operating budget
for fiscal year 1998-99; and appropriate $350,000.00 to the Conference
Center agency fund accounts as established by the Director of Finance
for Conference Center administration support and other expenses, and
establish revenue estimates of $175,000.00 each for City and Virginia
Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#33899-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Hotel Roanoke Conference Center Commission
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 20.)
Mr. Hudson moved the adoption of Ordinance No. 33899-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following resolution:
(#33900-070698) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for Fiscal
Year 1998-1999.
(For full text of Resolution, see Resolution Book No. 61, page 22.)
2O
ACTION:
Mr. Hudson moved the adoption of Resolution No. 33900-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Following discussion, the Mayor requested an itemized summary
of funds expended under the category of Fees for Professional
Services by the Hotel Roanoke Conference Center Commission for
fiscal year 1998-99.
GRANTS: The City Manager submitted a written report advising
that Section 2-124 of the City Code authorizes the City Manager to
execute any and all documents, and amendments thereto, relating to
any grant funds, or subgrants of funds to subrecipients, and the
conditions therein, up to $25,000.00; and as a part of the HUD
Entitlement Consolidated Plan application, approved by Council on
May 11, 1998, pursuant to Resolution No. 33830-051198, Council
authorized the following grants:
Fifth District Employment and Training Consortium
Business Training Initiative - $38,000.00
Total Action Against Poverty
Transitional Living Center - $38,600.00
Blue Ridge Independent Living Center, Inc.
Empowering Individuals with Disabilities - $33,000.00
Habitat for Humanity
Perry Park - $100,000.00
Chamber of Commerce Small Business Development Center
Small Business Development Center - $125,000.00
21
ACTION:
It was further advised that HUD approval of the City's fiscal year
1998-99 CDBG application is forthcoming pending the routine
Congressional release process; and Council authorized acceptance of
the 1998-99 HUD Entitlement and Appropriation of Funds for CDBG
activities on June 15, 1998, pursuant to Ordinance No. 33874-061598
and Resolution No. 33875-061598.
It was explained that the proposed projects will provide public
service, housing, employment training, and micro-enterprise
assistance; administrative agreements are necessary for the funds to
be obligated to these projects; agreements will not be executed on
behalf of the City until the City receives the approval letter from HUD,
nor without certification by the Director of Finance that funds are
available; and the City will acquire no interest in real estate as a result
of any agreement.
The City Manager recommended that he be authorized to execute
the CDBG Agreements and amendments thereto, if necessary, with the
above-referenced agencies, said agreements to be approved as to form
by the City Attorney, within the limits of funds set forth in the report
and for the purposes specified in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#33901-070698) A RESOLUTION authorizing the City Manager or
Assistant City Manager to execute administrative agreements and any
necessary amendments thereto with five (5) separate agencies for
implementation of various Community Development Block Grant
programs.
(For full text of Resolution, see Resolution Book No. 61, page 23.)
Mr. White moved the adoption of Resolution No. 33901-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
22
BRIDGES-CONSULTANTS REPORTS: The City Manager
submitted a written report advising that the 1978 Surface
Transportation Act enacted by Congress requires that all bridges,
including "off Federal Aid System" structures, must be included in the
bi-annual inspection program; Supplementary Bridge Inspection
Reports are required on 69 structures in the City of Roanoke this year;
40 structures are inspected annually, while 29 structures are inspected
bi-annually; inspection of two parking structures and 15 overhead sign
structures are required to be inspected this year by prudent
engineering practices; and Jefferson Street Old Pedestrian Underpass
under the Norfolk Southern Railway is to be inspected annually per
agreement with the railroad; and on July 15, 1996, pursuant to
Ordinance No. 33039-071596 authorizing Agreements for Consultant
Services for three years with Hayes, Seay, Mattern & Mattern, Inc., and
Mattern & Craig, Inc.
It was further advised that Council needs to authorize the
execution of Amendment No. 2 to Agreements for Consultant Services
for Year three, as follows:
Aqreement with Hayes, Seay, Mattern & Mattern, Inc.,
approved 7/15/96 (Ordinance No. 33039-071596):
1996 Work Scope:
36 Bridges
4 Parking Garages
$ 73,053.00
1997 Work Scope
35 Bridges
1 Parking Garage
57,999.00
1998 Work Scope 32 Bridges
15 Overhead sign structures
78,400.00
1996, 1997 & 1998 Total Agreement Amount: $206,452.00
A~lreement with Mattern & Craicj, Inc., approved 7/15/96
(Ordinance No. 33039-071596):
996 Work Scope 37 Bridges
15 Overhead Sign Structures
$ 69,500.00
23
ACTION:
1997 Work Scope
32 Bridges
1 Tunnel (Underpass)
52,400.00
1998 Work Scope
37 Bridges
I Tunnel (Underpass)
2 Parking Garages
67,200.00
1996, 1997 & 1998 Total Agreement Amount $189,100.00
The City Manager recommended that Council authorize execution
of Amendment No. 2 in a form to be approved by the City Attorney to
the agreements with Hayes, Seay, Mattern & Mattern, Inc., and Mattern
& Craig, Inc., in the amount of $78,400.00 and $67,200.00, respectively,
for the Bridge Inspection Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33902-070698) A RESOLUTION authorizing the execution of
Amendment No. 2 to the City's agreement with Hayes, Seay, Mattern &
Mattern, Inc.; and authorizing the execution of Amendment No. 2 to the
City's agreement with Mattern & Craig, Inc., for additional engineering
services to be performed in connection with the Bridge Inspection
Program.
(For full text of Resolution, see Resolution Book No. 61, page 23.)
Mr. Trout moved the adoption of Resolution No. 33902-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
TRAFFIC-CHURCH AVENUE PARKING GARAGE-DOMINION
TOWER-CENTURY STATION PARKING GARAGE-WILLIAMSON ROAD
PARKING GARAGE-CAMPBELL COURT PARKING GARAGE-MARKET
SQUARE PARKING GARAGE: The City Manager submitted a written
24
report advising that parking provisions for persons residing in
downtown Roanoke have been under evaluation by representatives of
Downtown Roanoke, Inc., and City staff; developers of downtown
housing have indicated that the need to provide residential parking is
critical to the success of downtown housing; on-street parking along
public streets is available for any and all citizens under the criteria
posted on each sign; and these spaces are not to be designated or
reserved for certain individuals.
It was further advised that approximately 50 dwelling units are
either in place or under construction in the core area of downtown; a
strategy that Downtown Roanoke, Inc., and City staff believe will be
responsive to the need for residential parking allows free parking in
City-owned parking garages for downtown residents; residents would
be required to show proof of downtown residency and display a current
City property tax decal before a parking tag could be issued which
would enable them to park free of charge; parking would be available
on a first-come first-serve basis; the number of residents now parking
in the parking garages are few and any associated loss of revenue
would be minor; by enabling free use of the parking garages, there will
be less conflict with overnight street-sweeping operations in
downtown; approval of free parking requires action by Council; and
remaining strategies involve signage changes along downtown streets
which can be handled administratively.
The City Manager recommended that Council approve free
parking for residents of downtown Roanoke in all City-controlled
parking facilities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33903-070698) A RESOLUTION establishing a program
providing for free parking for downtown residents in City-owned or
City-controlled parking facilities as recommended by the City
Manager's report dated July 6, 1998.
(For full text of Resolution, see Resolution Book No. 61, page 24.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 33903-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
25
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BONDS/BOND ISSUES-BUDGET-PARKS AND RECREATION: The
City Manager submitted a written report advising that Roanoke's
Capital Improvement Program - Fiscal Years 1998-2002, pages 111 - 112
includes Mill Mountain Park Improvements, which project consists of
refurbishing Mill Mountain Park, a regional recreation facility, as
follows:
Construction of a new picnic shelter,
Construction of new play areas,
Development of an interpretive/visitor information center,
Construction of an irrigation system, and
Placement of overhead utility wiring underground -
complete with site lighting system.
It was further advised that advertisement of Public Notice to seek
Architectural/Engineering Services, Mill Mountain Park Improvements,
was properly advertised on March 8, 1998; proposals were received
from the firms of Hill Studio, P. C. and Whitesell Orrison, Inc.; and
personal interviews were conducted with each firm on May 1, 1998.
It was noted that contract negotiations are complete, and a lump
sum agreement has been reached with Hill Studios, P. C., in the amount
of $36,500.00; the contract will be awarded administratively inasmuch
as the contract amount falls within the Council delegated range (under
$75,000.00); and it is proposed to move the budgeted funding
authorized by the Bond Referendum of November, 1997 to a capital
account.
The City Manager recommended that Council authorize the
Director of Finance to transfer $500,000.00 from the 1997 Bond Issue to
a capital account to be entitled, "Mill Mountain Improvements" for
construction of improvements to be designated by the
Architectural/Engineering Consultant and construction of an irrigation
system as designed by the Office of City Engineer; and authorize the
Director of Finance to encumber $36,500.00 for professional services
in the design of the proposed improvements to Mill Mountain Park.
(For full text, see report on file in the City Clerk's Office.)
26
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#33904-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 25.)
Mr. Trout moved the adoption of Ordinance No. 33904-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
WATER RESOURCES: The City Manager submitted a written
report in connection with Change Order No. 1 to the City's contract with
Danis Environmental Industries, Inc., for upgrade and expansion of the
Water Pollution Control Plant to 62,000,000 gallons treatment capacity
per day.
It was advised that additional items totaling $100,513.00 have
been identified as part of the required work and need to be approved
for payment; Malcolm Pirnie and Mattern & Craig have reviewed and
recommended these changes to the City for payment; and no additional
days of construction are recommended to date.
The City Manager recommended that Council take the following
action:
Authorize the City Manager to issue Change Order No. 1 to
the contract with Danis Environmental Industries, Inc., in
the amount of $100,513.00 and no additional contract time,
total contract amount would then be $16,790,513.00;
Proportional share to each jurisdiction would be as
follows:
City of Roanoke
County of Roanoke
City of Salem
(37.3%) $ 37,491.35
(29.2%) 29,349.80
(20.9%) 21,007.22
27
ACTION:
Botetourt County
Town of Vinton
(7.0%)
(5.6%)
7,035.90
5,628.73
Total of Change Order No. 1
$100,513.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33905-070698) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 1 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.
(For full text of Ordinance, see Ordinance Book No. 61, page 26.)
Mr. Trout moved the adoption of Ordinance No. 33905-070698.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
STATE HIGHWAYS-VALLEY VIEW MALL: The City Manager
submitted a written report advising that 1-581 Interchange
improvements at Valley View Boulevard were endorsed by Council on
March 18, 1996; the Federal Highway Administration notified the City on
August 23, 1996, of its approval of the new interchange access; Council
approved an agreement with the Virginia Department of Transportation
for project construction bidding and administration on December 16,
1996, and the City agreed to be responsible for 100% of all project
costs; Council officially notified VDOT of its approval of the Iow bid
submitted to VDOT by Allegheny Construction Co., Inc., in the amount
of $3,964,813.90 (Ordinance No. 33619-102297); and the schedule
provides for interchange construction to be open to traffic by
November 1, 1998.
It was further advised that change orders to VDOT's construction
contract with Allegheny Construction Co., Inc., in excess of $25,000.00,
will require approval by Council to execute since the change orders are
100% City-funded; in an effort to avoid . delaying the contractor's
28
ACTION:
progress, authority to approve any such change orders will be
requested from Council as quickly as possible after receiving the
change order from VDOT; Change Order No. I was recently forwarded
to the City from VDOT, in the amount of $13,007.80, for items related to
bridge abutments and this change order was approved at the
administrative level since it is less than $25,000.00; Change Order No.
2 was recently forwarded to the City from VDOT, in the amount of
$48,573.00, which corrects an error in the plans that required 3,000
metric tons of stone backfill behind bridge abutments and wingwalls,
but was not shown on the original contract; revised contract total to
date, including Change Order No. 2 is $4,026,394.70; and funding is
available in 1-581 Interchange Account No. 008-052-9545-9001.
The City Manager recommended that Council authorize execution
of Change Order No. 2 to the City's contract with the Virginia
Department of Transportation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33906-070698) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 2 to the City's contract with the Virginia
Department of Transportation for the 1-581 Interchange improvements
at Valley View Boulevard; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 27.)
Mr. Trout moved the adoption of Ordinance No. 33906-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
TELEPHONE EQUIPMENT-WATER RESOURCES: The City
Manager submitted a written report advising that a desire to locate
Personal Communication System (PCS) antennas on Grandin Court
Elevated Water Tank No. 1 located at the end of Creston Avenue, S. W.,
has been expressed by Virginia PCS Alliance, L. C., a Virginia Limited
Liability Company (VA PCS), a PCS communication provider; and
29
ACTION:
Council approved and adopted the City of Roanoke Policy as to
Wireless Telecommunications Facilities located on City property dated
January 21, 1997, in accordance with a recommendation set forth in a
report of the Water Resources Committee dated February 3, 1997.
It was further advised that the lease agreement for use of a City
facility has been submitted by VA PCS for approval by the City; VA PCS
currently is leasing space on two other City water tanks, Washington
Heights and The Summit; and monthly rental VA PCS would pay is
$750.00 per month, plus the increase in the Consumer Price Index for
the year ending July 31, 1998.
The City Manager recommended that Council approve a lease
agreement between the City and Virginia PCS Alliance, L. C., for use of
the Grandin Court Elevated Water Tank No. 1 and site located at the
dead end of Creston Avenue for personal communication antennas and
related equipment, such lease to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#33907) AN ORDINANCE authorizing the proper City officials to
enter into a Lease Agreement between the City and Virginia PCS
Alliance, L.C., a Virginia Limited Liability Company, for use of the
Grandin Court Elevated Water Tank No. 1 and site located at the dead
end of Creston Avenue, S. W., for the placement, operation, and
maintenance of Personal Communication System antennas and related
equipment, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 54.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
30
ACTION:
EQUIPMENT-WATER RESOURCES: The City Manager submitted
a written report advising that bids are requested annually, on a fiscal
year basis, to furnish and deliver to the City estimated quantities of
ductile iron water pipe; and bids were received by the City on June 6,
1998 and were publicly opened and read at 2:00 p.m., on that date in the
Office of Manager of Supply Management.
The City Manager recommended that Council authorize the
purchase of ductile iron water pipe from U. S. Pipe and Foundry Co.,
Inc., for a period of one year for a total price of $139,833.00, based on
estimated quantities; and that all other bids received by the City be
rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#33908-070698) A RESOLUTION accepting the bid of U.S. Pipe
and Foundry Co., Inc., made to the City for furnishing and delivering
ductile iron water pipe; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 28.)
Mr. Swain moved the adoption of Resolution No. 33908-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
EMERGENCY SERVICES: The City Manager submitted a written
report advising that in December 1996, Council authorized the City
Manager to enter into a two-year agreement with the Commonwealth of
Virginia Department of Emergency Services (VDES) to continue
furnishing a Level III Regional Hazardous Materials Response Team and
respond to calls, at the request of VDES, within a designated region of
the State; the Roanoke Valley has been identified by the Virginia
Department of Emergency Services (VDES) as being at high risk for
accidents involving hazardous materials due to the high volume of
chemicals being transported through the City on the interstate and
state highway systems, the railroad and the regional airport; in
31
addition, 45 companies are physically located within the City which
manufacture, store or transport extremely hazardous substances which
fall under the SARA Title III reporting requirements; and the Roanoke
Valley Regional Hazardous Materials Response Team consists of
firefighter-emts from Roanoke City and the City of Salem who have
been trained to respond to hazardous materials incidents.
It was further advised that the Regional Hazardous Materials
Response Team Agreement expired June 30, 1998; the Virginia
Department of Emergency Services has agreed that the 1996-98
Agreement will remain in full force until the new Agreement is approved
by Council (the new agreement is identical to the existing agreement
except for the date of the contract); the Virginia Department of
Emergency Services has requested that a new Agreement (Salem being
offered a separate, identical agreement) be entered into beginning
July 1, 1998, for a two year period; and approval by Council to enter
into the contract/agreement is required if the City wishes to participate
in the "Regional Response Team."
It was explained that terms of the proposed agreement define
City and State responsibilities, response procedures, line of authority,
reimbursement procedures, insurance and legal responsibilities and
termination clause; members of the Roanoke Fire-EMS Department will
continue to participate in State sponsored Level III Hazardous Materials
training; and the City Manager and the State Coordinator of Emergency
Services will enter into the agreement which is effective until June 30,
2000, unless terminated upon 30 days written notice by either party.
The City Manager recommended that he be authorized to enter
into a two-year agreement with the Commonwealth of Virginia,
Department of Emergency Services, to participate in a Regional
Hazardous Materials Response Team for a period of two years,
beginning July 1, 1998, with the option to terminate upon 30 days
written notice, said agreement to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
32
ACTION:
(#33909-070698) A RESOLUTION authorizing the City Manager to
enter into a two-year contract with the Commonwealth of Virginia
Department of Emergency Services to participate in a Regional
Hazardous Materials Response Team.
(For full text of Resolution, see Resolution Book No. 61, page 29.)
Mr. Hudson moved the adoption of Resolution No. 33909-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-YOUTH: The City Manager
submitted a written report advising that the Comprehensive Services
Act (CSA) for At-Risk Youth and Families established effective July 1,
1993, is a pool of State funds to be expended for public or private non-
residential or residential services for a certain targeted population of
at-risk youth and their families; and CSA defines the mandated target
population to be served as:
Children/youth placed for the purposes of special
education in approved private school educational
programs;
Handicapped children/youth placed by local Social Service
agencies or the Department of Juvenile Justice in:
private residential facilities
private, special day schools
foster homes
child-caring facilities
Children foster care services provided to:
prevent foster care placements
children entrusted to Social Service agencies
by their parents or guardians
children committed to agencies by any court
33
Targeted but non-mandated groups of children/youth who can receive
services through the CSA are:
Children placed by a Juvenile and Domestic Relations
Court, in a private or locally operated public facility or
non-residential program, and
Children committed to the Department of Juvenile Justice
and placed by it in a private home or in a public or private
facility.
It was further advised that in order for local governments to
qualify for CSA funding for fiscal year 1998-1999, localities must
demonstrate that they have by July 1, 1998, incorporated utilization
management/utilization review for placements utilizing CSA funding; in
January 1998, the City solicited proposals for Comprehensive Services
Act (CSA) Utilization Monitoring and Case Management Services; and
proposals were received from Managed Health Services, Inc., Net Care,
and The Virginia Treatment Center for Children.
It was explained that Managed Health Services, Inc., will provide
Utilization Management, Utilization Management Training, Integrated
Service and Partnership Development, and Information Management
System; and based on the average number of cases per month, the
projected annual cost of utilization management will be $523,410.00
The City Manager recommended that he be authorized to enter
into a contract, in a form to be approved by the City Attorney, with
Managed Health Services, Inc.; and that $65,000.00 be appropriated
from CIS Retained Earnings to "CSA Utilization Management System."
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#33910-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 City Information Systems Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 30.)
34
ACTION:
ACTION:
Mr. Swain moved the adoption of Ordinance No. 33910-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following resolution:
(#33911-070698) A RESOLUTION authorizing the City Manager or
his designee to enter into a contract with Managed Health Services,
Inc., and any necessary amendments thereto, to provide management
services for placements utilizing the Comprehensive Services Act
(CSA) funding, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 31.)
Mr. Swain moved the adoption of Resolution No. 33911-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-FDETC: The City Manager submitted a written report
advising that the Fifth District Employment and Training Consortium
(FDETC) administers the Federally funded Job Training Partnership Act
(JTPA) for the Fifth Planning District; the FDETC serves eligible
residents in the counties of Alleghany, Botetourt, Craig and Roanoke
and the cities of Clifton Forge, Covington, Roanoke and Salem; the
FDETC serves two primary client populations which are dislocated
workers and the economically disadvantaged; and the City of Roanoke
is the grant recipient for FDETC funding, and Council must appropriate
funds for all grants and other monies received by the FDETC.
35
ACTION:
ACTION:
It was further advised that the Virginia Employment Commission
has notified the Consortium of the approval of a request of $375,000.00
to operate a Governor's Regional Project for PY 98, which funds will be
used to serve dislocated workers by paying for training, providing
career counseling and case management.
The City Manager recommended that Council appropriate the
Fifth District Employment and Training Consortium's funding totaling
$375,000.00 and increase the revenue estimate by $375.000.00 in
accounts to be established in the Consortium Fund by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#33912-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 31.)
Mr. Swain moved the adoption of Ordinance No. 33912-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of May, 1998.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
36
Vice-Mayor Harris requested that the Director of Finance provide
Council with a summary report with regard to the projected shortfall of
revenue in personal property taxes.
SEWERS AND STORM DRAINS-GENERAL SERVICES-BUDGET-
ROANOKE CIVIC CENTER-UTILITY LINE SERVICES-CITY
INFORMATION SYSTEMS-TRANSPORTATION FUND-FLEET
MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS-WATER
RESOURCES: The Director of Finance submitted a written report
advising that at the close of fiscal year 1998, budgeted funds were
obligated for outstanding encumbrances; purchase orders or contracts
were issued for goods and services as of the close of fiscal year 1998,
but delivery of the goods or performance of the services has not been
completed; reappropriation of the funds carries forward the unspent
budget funds that were originally appropriated and are contractually
obligated for the goods and services; and appropriation amounts are
as follows:
General Fund Open Encumbrances
Water Fund Open Encumbrances
Sewage Fund Open Encumbrances
Civic Center Fund Open Encumbrances
Transportation Fund Open Encumbrances
City Information Systems Fund Open Encumbrances
Materials Control Fund Open Encumbrances
Management Services Fund Open Encumbrances
Utility Line Services Fund Open Encumbrances
Fleet Management Fund Open Encumbrances
Risk Management Fund Open Encumbrances
School Fund Open Encumbrances
$1,786,577.00
83,245.00
708,056.00
70,745.00
69,136.00
85,435.00
40.00
8,622.00
140,916.00
247,870.00
12,885.00
925,597.00
37
ACTION:
ACTION:
The Director of Finance recommended that Council adopt budget
ordinances to reappropriate the funds into the current year budget in
order that encumbrances may be properly liquidated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33913-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 33.)
Mr. Harris moved the adoption of Ordinance No. 33913-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following emergency budget ordinance:
(#33914-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 36.)
Mr. Hudson moved the adoption of Ordinance No. 33914-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency budget ordinance:
38
ACTION:
ACTION:
ACTION:
(#33915-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Sewage Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 37.)
Mr. Swain moved the adoption of Ordinance No. 33915-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following emergency budget ordinance:
(#33916-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Civic Center Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 38.)
Mr. Trout moved the adoption of Ordinance No. 33916-070698.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. White offered the following emergency budget ordinance:
(#33917-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Transportation Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 38.)
Mr. White moved the adoption of Ordinance No. 33917-070698.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
39
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency budget ordinance:
(#33918-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 City Information Systems Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 39.)
Ms. Wyatt moved the adoption of Ordinance No. 33918-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following emergency budget ordinance:
(#33919-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Materials Control Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 40.)
Mr. Harris moved the adoption of Ordinance No. 33919-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following emergency budget ordinance:
4O
ACTION:
ACTION:
ACTION:
(#33920-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Management Services Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 41 .)
Mr. Hudson moved the adoption of Ordinance No. 33920-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency budget ordinance:
(#33921-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Utility Line Services Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 42.)
Mr. Swain moved the adoption of Ordinance No. 33921-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following emergency budget ordinance:
(#33922-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Fleet Management Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 43.)
Mr. Trout moved the adoption of Ordinance No. 33922-070698.
The motion was seconded by Mr. White and adopted by the following
vote:
41
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. White offered the following emergency budget ordinance:
(#33923-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Risk Management Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 44.)
Mr. White moved the adoption of Ordinance No. 33923-070698.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency budget ordinance:
(#33924-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 45.)
Ms. Wyatt moved the adoption of Ordinance No. 33924-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
42
ACTION:
REPORTS OF COMMITTEES:
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-WATER RESOURCES: Council Member Linda F. Wyatt,
Chairperson, Water Resources Committee, presented a written report
on behalf of the Committee, with regard to the donation and
conveyance of an easement across City-owned property located at the
corner of Jamison Avenue and 14th Street, S. E., to Appalachian Power
Company, for the purpose of extending the existing overhead electric
power line to provide electric service to an adjacent property.
A staff report advised that Fire Station No. 6 is located at the
corner of Jamison Avenue and 14th Street, S. E.; Appalachian Power
Company (APCO) provides electric service to the fire station through
overhead facilities; and the current power line ends on fire station
property.
It was further advised that construction of a new Rite Aide on the
site adjacent to the fire station is currently underway; an easement
across fire station property has been requested by APCO in order to
extend the line to provide electric service to the adjacent parcel; and
APCO has agreed to relocate the facilities one time, if necessary, at the
sole expense of the grantee.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting an easement
across City-owned property to Appalachian Power Company.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#33925) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified by
Official Tax No. 4220316 to Appalachian Power Company, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 55.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
43
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
TRAFFIC-EASEMENTS-BUDGET-WATER RESOURCES: Council
Member Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
acquisition of certain property rights needed by the City for
construction of Grandin Road/Glen Heather Drive, S. W., intersection
improvements.
A staff report advised that the intersection at Grandin Road and
Glen Heather Drive, S. W., has insufficient turning radius, is confusing
to motorists, and needs realignment to improve traffic flow and safety;
therefore, plans have been developed for intersection improvement; a
portion of Official Tax No. 5090107, owned by James C. Porterfield is
needed to implement intersection improvements; authorization is
needed to move forward with procurement of title work, appraisals, and
negotiations related to acquisition of the necessary property rights;
and project costs for acquisition of property rights, design, and
construction are estimated to be $75,000.00
The Water Resources Committee recommended that Council take
the following actions:
Authorize acquisition of property rights at 4508 Grandin
Road, S. W., Official Tax No. 5090107, in a form to be
approved by the City Attorney, said property rights may be
acquired by negotiation or eminent domain, and include
fee simple, permanent easements, temporary construction
easements, right-of-way, and licenses or permits;
Appropriate $75,000.00 from Capital Improvement Reserve
for Streets and Bridges to "Grandin Road-Glen Heather
Drive Intersection Improvements"; and
Authorize the City Manager or the Assistant City Manager
and the City Clerk to execute and attest, respectively, the
necessary documents, in a form to be approved by the
City Attorney, to acquire the property.
(For full text, see reports on file in the City Clerk's Office.)
44
ACTION:
ACTION:
Ms. Wyatt offered the following emergency budget ordinance:
(#33926-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 46.)
Ms. Wyatt moved the adoption of Ordinance No. 33926-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency ordinance:
(#33927-070698) AN ORDINANCE providing for the acquisition of
certain property rights needed by the City for the Grandin Road/Glen
Heather intersection improvements; setting a limit on the consideration
to be offered by the City; providing for the City's acquisition of such
property by condemnation, under certain circumstances; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 47.)
Ms. Wyatt moved the adoption of Ordinance No. 33927-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-EASEMENTS-APPALACHIAN POWER
COMPANY-BUDGET-CITY PROPERTY-INDUSTRIES-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to the donation and conveyance of an
easement across City-owned property located at the Roanoke Centre
45
ACTION:
for Industry and Technology to Appalachian Power Company, for the
purpose of relocating and extending the existing overhead electric
power line to avoid a proposed future detention basin and to provide
electric service to the City's new horse stables for the mounted police
patrol.
A staff report advised that land conveniently located to Route 460
East was acquired for industrial development in 1989, now known as
Roanoke Centre for Industry and Technology (RClT); stable facilities for
the City's horse mounted patrol have been leased since 1993; and the
present stable is located at 1615 Cleveland Avenue, S. W.
It was further advised that the lease for the current stable will
expire on September 30, 1998; plans for construction of a permanent
stable facility on a site near the proposed detention basin in RCIT have
been developed; and an easement across RCIT property has been
requested by APCO in order to relocate an existing power line to avoid
the proposed detention basin and to provide electric service to the new
stable.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting an easement
across City-owned property to Appalachian Power Company.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#33928) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property at the
Roanoke Centre for Industry and Technology to Appalachian Power
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 56.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
46
ACTION:
BUDGET-HUMAN DEVELOPMENT-CULTURAL SERVICES
COMMITTEE: A report of the Cultural Services Committee with regard
to allocation of City funds to various non-profit agencies for fiscal year
1998-99, was before Council.
It was advised that the Cultural Services Committee was
originally established by Council pursuant to Ordinance No. 33382-
051297; requests from 18 agencies were received totaling $812,269.00
for fiscal year 1998-99; and individual study of each application was
made by Committee members, and public hearings were held on April 7
and 8, 1998, to consider requests and to meet with applicants.
It was further advised that the budget for fiscal year 1998-99
approved by Council for the Cultural Services Committee provides
funds for allocation in fiscal year 1998-99, in the amount of $444,140.00;
a schedule attached to the report shows recommended funding for
allocation to the various agencies; and committee deliberations are
contained in Minutes of meetings on file in the City Clerk's Office.
The Cultural Services Committee recommended that Council
concur in the funding of agencies in recommended amounts as
indicated on the schedule of funding and transfer funds from Cultural
Services Committee, Account No. 001-054-5221-3700, to line items to
be established by the Director of Finance; and authorize the Director of
Human Development to approve payment of funds to agencies to be
funded after objectives, activities, and/or other reasonable requests of
the monitoring staff and compliance with items reviewed by Municipal
Auditing are submitted and accepted.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#33929-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 48.)
Ms. Wyatt moved the adoption of Ordinance No. 33929-070698.
The motion was seconded by Mr. Trout.
47
Sandra W. Ryals, Chairperson, Cultural Services Committee,
presented the recommendations of the Committee. She advised that in
addition to the formal recommendations contained in the report, the
Committee supports the Mayor's recommendation in his State of the
City Address in regard to developing a permanent home for the Julian
Stanley Wise Foundation to the Rescue Museum in the Roanoke Valley.
On behalf of the Committee, she suggested that Council consider
funding formulas for future budgeting consideration to enable the
following organizations to be treated as economic development
entities; i.e.: Center in the Square, Virginia Amateur Sports and
Virginia's Explore Park. She urged that Council also give consideration
to establishing a type of percentage or formula for funding cultural
service agencies as opposed to the grants hearing process.
With regard to future allocations recommended by the Cultural
Services Committee and the Human Services Committee and approved
by Council, Mr. White requested that City budget documents contain a
footnote that a detailed schedule of agencies funded by the City will be
available upon request.
Mr. White suggested that the Mayor forward a communication to
all agencies that were recommended for funding advising that the City
values their contributions, the City believes that its investment is
important and hopes that the City's appropriation will play a significant
role in the success of the agency, and that the letter be addressed to
the Chairperson of the agency/organization as opposed to the
Executive Director.
Mr. White advised that certain agencies are defined as regional
in nature by both the Human and the Cultural Services Committees, and
inquired as to why certain other Roanoke Valley jurisdictions have not
participated in the funding of these agencies. He requested follow up
information from the Cultural Services Committee and the Human
Services Committee as to whether these agencies have applied for
funding by other Roanoke Valley jurisdictions, and the response by
those jurisdictions. He suggested that the funding request application
to the Human Services/Cultural Services Committees should contain
information verifying that a request was made by the
agency/organization to other Roanoke Valley jurisdictions for funding
assistance, and the matter should also be addressed by the Audit
Committee.
48
At the request of Council Member Wyatt, it was the consensus of
Council that the question of designating a certain percentage of the
overall City budget for human service and cultural service agencies
would be referred to 1999-2000 budget study for discussion.
Vice-Mayor Harris requested that Council be provided with
information on in-kind services provided by the City to human service
and cultural service agencies.
For fiscal year 1998-99, the Mayor stated that the citizens of
Roanoke should be aware that 18 non-profit cultural agencies have
requested funds from the City of Roanoke, but five of those agencies
are not recommended for funding by any other Roanoke Valley
jurisdiction. He advised that for fiscal year 1998-99, the City will
appropriate $441,000.00 through the Cultural Services Committee,
Roanoke County has appropriated $343,000.00, and the City of Salem
has appropriated $53,000.00, therefor, Roanoke City has appropriated
more funds than the other jurisdictions in the Roanoke Valley
combined. He further advised that the City of Roanoke has
appropriated $412,000.00 for 33 social service agencies, while Roanoke
County has appropriated $91,000.00, and the City of Salem has
appropriated $105,000.00.
Council Member Swain requested that the Cultural
Services/Human Services Committees submit recommendations in
regard to improving the application funding process; whereupon, Ms.
Ryals advised that proposed recommendations would be summarized
for Council's information and consideration.
Ordinance No. 33929-070698 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following resolution:
(#33930-070698) A RESOLUTION concurring in the
recommendations of the Cultural Services Committee for allocation of
City funds to various nonprofit agencies for Fiscal Year 1998-1999.
(For full text of Resolution, see Resolution Book No. 61, page 50.)
49
ACTION:
Ms. Wyatt moved the adoption of Resolution No. 33930-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-SALVATION ARMY: A report
of the Human Services Committee with regard to recommendations for
funding of agencies for fiscal year 1998-99, was before Council.
It was advised that the Human Services Committee budget, in the
amount of $424,120.00, was established by Council, pursuant to
Ordinance No. 33814-051198, by which the General Fund Budget for
fiscal year 1998-99 was adopted on May 11, 1998; requests from 33
agencies were received totaling $684,591.00; and individual study of
each application was made by Committee members, and public
hearings were held on March 31 and April 1, 1998, to consider the
requests and to meet with applicants.
It was further advised that the Human Services Committee
requests that $9,000.00 be designated in the Human Services
Committee budget to provide funds for monitoring expenses; an
attachment to the report shows recommended funding for allocation to
the various agencies; and committee deliberations are contained in
Minutes of meetings on file in the City Clerk's Office.
It was noted that the Committee recommends a payment of
$20.00 per day for Roanoke residents at Bethany Hall, up to a maximum
of $7,200.00; the Committee further recommends that $25,000.00 be
allocated to The Salvation Army and execution of a contract with The
Salvation Army for the provision of services to City residents under the
Homeless Housing Program and/or Abused Women's Shelter; and the
Committee further recommends that $24,000.00 be allocated to Unified
Human Services Transportation Systems, Inc., (RADAR) through Valley
Metro in order that Valley Metro may receive credit for providing
transportation to the disabled.
The Human Services Committee recommended that Council
concur in the funding of agencies in the recommended amounts as
indicated on an attachment to the report; that Council authorize the
5O
ACTION:
Chairman of the Human Services Committee and the Director of Human
Development to not authorize payment of funds to any agency until
objectives, activities, and other reasonable requests of the monitoring
staff as well as compliance with items received by the Municipal
Auditor are submitted and accepted; that Council transfer $424,120.00
from the Human Services Committee, Account No. 001-054-5220-3700,
to new line items to be established within the Human Services
Committee budget by the Director of Finance; and that Council
authorize the City Manager, or his designee, to negotiate a contract for
$25,000.00 with The Salvation Army for provision of services to City
residents under the Homeless Housing Programs and/or Abused
Women's Shelter, and Council will be requested to authorize execution
of the contract following negotiation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33931-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 51.)
Mr. Trout moved the adoption of Ordinance No. 33931-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#33932-070698) A RESOLUTION concurring in the
recommendations of the Human Services Committee for allocation of
City funds to various nonprofit agencies and performance audits for
Fiscal Year 1998-1999, and authorizing the City Manager, or his
designee, to negotiate a contract with The Salvation Army for provision
of services under the Homeless Housing Program and/or Abused
Women's Shelter.
51
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 53.)
Mr. Trout moved the adoption of Resolution No. 33932-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 33890, rezoning a 2.378 acre tract of land
located at 1927 Franklin Road, S. W., between Wiley Drive and Brandon
Avenue, identified as Official Tax No. 1040302, from LM, Light
Manufacturing District, to C-2, General Commercial District, having
previously been before the Council for its first reading on Monday,
June 15, 1998, read and adopted on its first reading and laid over, was
again before the body.
The City Attorney submitted a written report advising that in
reviewing the measure, he discovered a typographical error and the
ordinance should have stated that the subject property would be
rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District; therefor, the measure has been corrected for
consideration by Council on second reading on Tuesday, July 6, 1998.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following ordinance for its second reading
and final adoption:
(#33890-070698) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 104, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 1.)
52
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33890-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 33891 rezoning four parcels of land
located at 1702 Hamilton Terrace, S. E., identified as Official Tax Nos.
4040822 - 4040825, inclusive, and a portion of a parcel of land identified
as Official Tax No. 4040833, located on Belleview Avenue, S. E., from
RM-1, Residential Multifamily District, Low Density District, to C-2,
General Commercial District, subject to proffers contained in the
second Amended Petition filed in the City Clerk's Office on April 29,
1998, having previously been before the Council for its first reading on
Monday, June 15, 1998, read and adopted on its first reading and laid
over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
(#33891-070698) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 404, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 2.)
Mr. Harris moved the adoption of Ordinance No. 33891-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 33892, rezoning 11 parcels of land
located in the northeast quadrant of the City, fronting on Ridgefield
Street and Mississippi Avenue, N. E., identified as Official Tax Nos.
3130304 - 3130308, inclusive, 3130313 - 3130315, inclusive, and 3130505
- 3130507, inclusive, from HM, Heavy Manufacturing District, to RM-1,
Residential Multifamily District, Low Density District, having previously
53
ACTION:
been before the Council for its first reading on Monday, June 15, 1998,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harris offering the following for its second reading and
final adoption:
(#33892-070698) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 61, page 3.)
Mr. Harris moved the adoption of Ordinance No. 33892-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BOUNDARY LINE ADJUSTMENTS: Ordinance No. 33893,
repealing Ordinance No. 32891-050696, adopted May 6, 1996, and
authorizing the Mayor to execute an Agreement between the County of
Roanoke and the City of Roanoke relating to the boundary line between
said governmental entities, and authorizing certain other actions
relating to such boundary line adjustment, having previously been
before the Council for its first reading on Monday, June 15, 1998, read
and adopted on its first reading and laid over, was again before the
body, Mr. Harris offering the following for its second reading and final
adoption:
(#33893-070698) AN ORDINANCE repealing Ordinance No. 32891-
050696, adopted May 6, 1996, and authorizing the Mayor to execute an
Agreement between the County of Roanoke and the City of Roanoke
relating to the boundary line between said governmental entities, and
authorizing certain other actions relating to such boundary line
adjustment.
(For full text of Ordinance, see Ordinance Book No. 61, page 5.)
Mr. Harris moved the adoption of Ordinance No. 33893-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
54
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
POLICE DEPARTMENT-BUDGET-FIRE DEPARTMENT-
LEGISLATION-FEE COMPENDIUM-EMERGENCY MEDICAL SERVICES:
Council Member Wyatt expressed concern that when an Emergency
Medical vehicle is dispatched to a private residence, a fee is charged
by the City; however, no fee is charged for police on fire services. She
requested that the matter be referred to 1999-2000 budget study for
discussion.
The Mayor advised that some localities impose police
investigation and prosecution fees, and suggested that the matter be
referred to 1999-2000 budget study for consideration.
The City Attorney advised that the matter of police investigation
and prosecution fees could raise questions in regard to Virginia's
Dillon Rule; whereupon, it was the consensus of Council that the issue
of imposing fees for emergency medical services, police investigations
and prosecutions would be referred to 1999-2000 budget study and to
the City's Legislative Committee for study, report and recommendation
to Council.
Council Member Swain advised that at the Council meeting on
June 15, 1998, Council discussed the issue of reporting incidents of
crime in the City of Roanoke by The Roanoke-Times. He stated that the
City administration met with officials of The Roanoke-Times and it was
agreed that the newspaper would continue to report incidents of crime
occurring in Roanoke City with a clarification that crime statistics from
Roanoke County are not presently available. He expressed
dissatisfaction with the response from The Roanoke-Times because it
continues to stereotype Roanoke City as an area of crime especially in
the absence of crime incidents reports from other localities. He
suggested that the City Manager again meet with representatives of
The Roanoke-Times and establish a firm date by which the newspaper
will publish the same type of information from other Roanoke Valley
55
localities, and if the information is not provided by a specified date,
Roanoke City should discontinue its practice of providing crime
incidents information.
ACTS OF ACKNOWLEDGEMENT: Council Member Swain called
attention to numerous complimentary remarks about the City of
Roanoke which were made at a family reunion that he attended on
June 26 - 28 by former Roanokers who now reside throughout the
United States.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY EMPLOYEES-PERSONNEL-COMPLAINTS-EMERGENCY
SERVICES: Ms. Evelyn D. Wheeler, 3021 Ashworth Circle, N. E.,
addressed Council with regard to the City's alleged non-compliance
with its Grievance Procedure. She requested that Council give
immediate consideration to abolishing the Grievance Procedure or
adopting a procedure similar to the State Employee Grievance
Procedure.
(For full text, see statement on file in the City Clerk's Office.)
There was discussion with regard to a statement made by
Ms. Wheeler that in the last ten years, 44 grievances by City employees
came before a panel of the Personnel and Employment Practices
Commission, none of which were won by the employee. The Assistant
City Manager advised that he did not know the exact number of
employee grievances filed in the last ten years with the Personnel and
Employment Practices Commission; however, City staff will research
the matter and report to Council accordingly.
Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia,
addressed Council with regard to the City's alleged failure to comply
with Federal Labor Laws by failing to pay overtime to Emergency
Medical Services employees.
(For full text, see statement on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the remarks
of Ms. Wheeler and Mr. Mathews would be referred to the City Manager
and the City Attorney for report to Council within 30 days.
At 6:00 p.m., the Mayor declared the meeting in recess.
56
ACTION:
ACTION:
At 6:35 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Hudson moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER:
The Mayor advised that there is a vacancy on the Roanoke Civic Center
Commission created by the resignation of M. R. Khan, and called for
nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Sandra W. Ryals.
There being no further nominations, Ms. Ryals was appointed as
a member of the Roanoke Civic Center Commission, for a term ending
September 30, 1999, by the following vote:
FOR MS. RYALS: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that the terms of office of Frank W. Feather, Bernice F.
Jones, Harold P. Kyle, Glenn D. Radcliffe and Evelyn F. Board as
members of the Human Services Committee expired on June 30, 1998,
and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Frank W. Feather,
Bernice F. Jones, Harold P. Kyle, Glenn D. Radcliffe and Evelyn F.
Board.
57
There being no further nominations, Mr. Feather, Ms. Jones,
Mr. Kyle, Mr. Radcliffe and Ms. Board were reappointed as members of
the Human Services Committee, for terms ending June 30, 1999, by the
following vote:
ACTION:
FOR MR. FEATHER, MS. JONES, MR. KYLE, MR. RADCLIFFE
AND MS. BOARD: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers ..................................................... 7.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that the terms of office of Wanda E. English, William H. Carder,
Margaret C. Thompson, Catherine Fox, Sabrina T. Law, Estelle H.
McCadden, Allen T. Wilson, Sherley E. Stuart, Amy W. Peck and Nicole
Y. Quarles as members of the Special Events Committee expired on
June 30, 1998, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Wanda E. English,
William H. Carder, Margaret C. Thompson, Catherine Fox, Sabrina T.
Law, Estelle H. McCadden, Allen T. Wilson, Sherley E. Stuart, Amy W.
Peck and Nicole Y. Quarles.
There being no further nominations, Ms. English, Mr. Carder,
Ms. Thompson, Ms. Fox, Ms. Law, Ms. McCadden, Mr. Wilson,
Ms. Stuart, Ms. Peck and Ms. Quarles were reappointed as members of
the Special Events Committee, for terms ending June 30, 1999, by the
following vote:
ACTION:
FOR MS. ENGLISH, MR. CARDER, MS. THOMPSON, MS. FOX,
MS. LAW, MS. MCCADDEN, MR. WILSON, MS. STUART, MS. PECK AND
MS. QUARLES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The
Mayor advised that the term of office of Brian M. Sheperd as a member
of the Roanoke Valley Greenway Commission expired on June 30, 1998,
and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Brian M. Sheperd.
There being no further nominations, Mr. Sheperd was
reappointed as a member of the Roanoke Valley Greenway
Commission, for a term ending June 30, 2001, by the following vote:
58
ACTION:
FOR MR SHEPERD: Council Members Harris, Hudson, Swain,
Trout, White, Wyatt and Mayor Bowers ........................................... 7.
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that the term of office of Margaret M. Grayson as a member of the
Virginia Western Community College Board expired on June 30, 1998,
and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Margaret M.
Grayson.
There being no further nominations, Ms. Grayson was
reappointed as a member of the Virginia Western Community College
Board, for a term ending June 30, 2002, by the following vote:
ACTION:
FOR MS. GRAYSON: Council Members Harris, Hudson, Swain,
Trout, White, Wyatt and Mayor Bowers .......................................... 7.
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that there is a vacancy on the Mill Mountain
Advisory Committee created by the resignation of Scott Shackelford,
and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Richard Clark.
There being no further nominations, Mr. Clark was appointed as
a member of the Mill Mountain Advisory Committee, for a term ending
June 30, 1999, by the following vote:
ACTION:
FOR MR. CLARK: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that pursuant to the Roanoke Valley Juvenile Detention Center
Agreement, the City is entitled to appoint two representatives to the
Roanoke Valley Juvenile Detention Center Commission; whereupon, he
opened the floor for nominations.
Mr. Trout placed in nomination the names of Jesse A. Hall and
Glenn D. Radcliffe.
59
There being no further nominations, Mr. Hall and Mr. Radcliffe
were appointed as City Representatives to the Roanoke Valley Juvenile
Detention Center Commission, for four year terms ending June 30,
2002, by the following vote:
ACTION:
FOR MR. HALL AND MR. RADCLIFFE: Council Members Harris,
Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................... 7.
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised
that there is a vacancy on the Board of Trustees, City of Roanoke
Pension Plan, created by the ineligibility of David Altman to serve
another term (the position rotates between a representative of the Fire
Department and the Police Department), and called for nominations to
fill the vacancy.
Mr. Hudson placed in nomination the name of Randall J. Scoff.
There being no further nominations, Mr. Scoff was appointed as
a member of the Board of Trustees, City of Roanoke Pension Plan, for
a term ending June 30, 2000, by the following vote:
ACTION:
FOR MR. SCOTT: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 6:40 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
6O
ROANOKE CITY COUNCIL ..... ROANOKE COUNTY BOARD OF SUPERVISORS
July 14, 1998
12:00 noon
A joint meeting of the Roanoke City Council and the Roanoke County Board
of Supervisors was called to order on Tuesday, July 14, 1998, at 12:00 noon, at the
Arthur Taubman Welcome Center, Virginia's Explore Park, with Mayor David A.
Bowers and Chairman Bob L. Johnson presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers ...... 5.
ROANOKE CITY COUNCIL MEMBERS ABSENT: C. Nelson Harris and
William White, Sr.- .......................................................................................... 2.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F.
Harrison, Joseph McNamara and Chairman Bob L. Johnson .............................. 3.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix and
Harry C. Nickens ............................................................................................. 2.
OTHERS PRESENT: James D. Ritchie, Assistant City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City
Clerk; George C. Snead, Jr., Director, Public Safety; William F. Clark, Director, Public
Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director,
Human Development; John Coates, Manager, Parks and Recreation; Angelita Y.
Plemmer, Public Information Officer; Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator; Don C. Myers, Assistant County
Administrator; Thomas S. Haislip, Director, Parks and Recreation; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; and Ann Marie Green, Public
Information Officer.
On behalf of Roanoke County officials, Chairman Johnson welcomed Roanoke
City officials and staff to the meeting, and advised that Roanoke County was pleased
to host the meeting at Virginia's Explore Park in the newly opened Arthur Taubman
Welcome Center.
UPDATE ON EXPLORE PARK:
Roger F. EIImore, Executive Director, Virginia's Explore Park, called attention
to the following completed projects at Explore Park:
Horse and Wagon Program,
Mountain Union Church,
Brugh Tavern,
Roanoke River Parkway,
Arthur Taubman Welcome Center, and
Five miles of mountain bike trails.
He explained that programming in Explore Park has been converted to conform with
the Standards of Learning of the State Department of Education.
Mr. EIImore advised that beginning May 1, Explore Park will be open seven
days a week and the season will end on November 1; however, now that the Arthur
Taubman Welcome Center and Brugh Tavern is open, the Park will remain open year
round as long as the Blue Ridge Parkway is open. He stated that on May 15 - 17, an
Indian Pow-Wow was held which attracted 3900 persons and a bike festival was held
on June 14 with 1200 persons in attendance. He explained that paid attendance from
April 3 to June 30 is 46 per cent over 1997 attendance, and revenue is 81 per cent
over last years' figures. He noted that Brugh Tavern has been open seven days a
week since April 27 and business at both lunch and dinner has been good. He
explained that the next project will be construction of the grist mill which is an
operating mill that came out of Franklin County; and a project will be completed in
conjunction with the Harrison Museum of African-American Culture which will
enable Explore Park to open a new avenue of programming featuring river culture.
He advised that $350,000.00 was received from the Commonwealth of Virginia for
infrastructure needs in Explore Park and an education center will be constructed in
approximately one year.
UPDATE ON REGIONAL DETENTION FACILITY:
George C. Snead, Jr., Roanoke City Director of Public Safety, advised that
since Council and the Roanoke County Board of Supervisors adopted measures
creating a Regional Juvenile Detention Facility Commission, the project team has
focused on issues to obtain more State funds and to prepare a comprehensive plan
to transition the present facility to a regional facility. He explained that by May 26,
all of the administrative applications and proposals were submitted to the regional
office to insure inclusion on the July agenda for the State Board of Juvenile Justice,
and staff is working with the State Department of Juvenile Justice in an effort to
increase State funding closer to the maximum reimbursable amount of $52,000.00
per bed. He stated that the project was initially funded by the State at about $3.7
million which is in the range of $46,000.00 - $47,000.00 per bed. He called attention
to discussions with the capital outlay architects/engineers in Richmond with regard
to the nature of the project and the portion of the existing facility that would have to
be taken down to the ground level in order for the architect to get a better grasp of
2
the nature of the project, and based on a better understanding of the scope of the
project, approximately $302,000.00 in additional State funds will be provided which
will decrease the per diem rate and the cost of operations for each jurisdiction. He
explained that on July 15, a team representing each jurisdiction will appear before
the State Board of Juvenile Justice to answer questions on the formal application
and to enlist support and a commitment to include the project in State capital
budgeting over the next two years. He advised that it is proposed to move from a
21 bed facility to an 81 bed facility to meet regional needs, the construction project
is estimated to cost approximately $8.2 million, during late July/early August, a
regional commission is proposed to be appointed based on the agreement that has
been approved by all of the jurisdictions, and the goal is to complete the
architectural/engineering plan for review by the State Department of Criminal Justice
and the State Department of Juvenile Justice in order to obtain approval, advertise
the project, select a contractor and begin the construction project in December 1998.
He stated that the construction project will be complicated because the 21 bed
facility will continue to operate until a portion of the new beds are occupiable and
then portions of the old structure will be demolished. He explained that it is hoped
to have the project to the point where some of the initial new beds will be created
approximately 12 months from the start of construction and to complete the project
by June 2000. He stated that each jurisdiction, i.e.: Roanoke County, the City of
Roanoke, the City of Salem, Botetourt County and Franklin County, each, have two
representatives on the transition team, the transition team has prepared the project
agenda and deadline to keep the project on target, and the transition team will meet
regularly in partnership with the commission to move the project forward. He further
stated that the funding mechanism is to create a business that will serve the five
jurisdictions for juvenile detention purposes, to create a per diem rate, and a portion
of the per diem rate will be based on what it costs to retire the debt, costs to operate
the facility, and each jurisdiction will pay the per diem rate to fund the operation of
the facility. He advised that Botetourt County is the host jurisdiction where the
facility is physically located and by serving as host jurisdiction, Botetourt County
has the right to use the facility and wishes to be a full fledged participant.
An engineering sketch of the facility was displayed.
Council Member Wyatt advised that the new facility offers the opportunity to
make changes at crucial times in the lives of children; and it is vital that staff receive
appropriate training to address the various needs of the children who occupy the
facility.
3
STATUS REPORT ON THE PROPOSED REGIONAL TEEN CENTER:
Thomas S. Haislip advised that a committee composed of Roanoke City's
Office on Youth, Parks and Recreation staff from Roanoke City and Roanoke County,
and Downtown Roanoke, Inc., has met over the past three months in regard to the
proposed regional teen center. He stated that a teen forum will be held on July 23
at Virginia Western Community College and a letter of invitation was sent to
approximately 56 community organizations that serve teens in the Roanoke Valley,
in conjunction with the Brambleton Teen Center, the City's Adventures in the Park
Program, and the City's Office on Youth to compile information on what teens are
looking for in a regional teen center. He advised that following the July 23 meeting,
all information will be compiled to be followed by a full report and recommendation
to the two governing bodies.
The Mayor advised that the City of Roanoke will join in the America's Promise
Program, an outgrowth of the Philadelphia conference that was held approximately
one and one-half years ago in which cities and counties across the nation are joining
in a program designed for at risk children, or those children who find themselves at
risk between the hours of 3:00 and 5:00 p.m. He stated that the purpose of the
program is to develop, over a period of time, programs like those operated at the
West End Center and the Presbyterian Community Center which are after school-
type programs for youth. He suggested that the America's Promise Program might
be a component of the Regional Teen Center, and encouraged Roanoke County to
join with Roanoke City in making the America's Promise Program a Roanoke Valley
Program.
NEW CENTURY REGION ECONOMIC DEVELOPMENT PROJECT:
The Mayor advised that the New Century Council proposed a regional
economic development project which has since become known as the New River
Valley Regional Industrial Park, and Roanoke City's representative to the study
committee is Council Member James O. Trout.
Mr. Trout advised that Senator Malfourd W. Trumbo was instrumental in
developing legislation that would spearhead regional cooperation in the New River
Valley which mainly came about as the result of the work of the New Century
Council. He stated that the concept was to combine 1000 - 2000 acres of land and
form regional partnerships that would be operated by an authority. He explained
that three working committees were established, i.e.: Site Selection and
Development Committee, Agreement Committee, and Marketing Committee. He
advised that the proposed agreement has been completed and forwarded to the
4
attorneys of the participating localities, and each member locality has two votes on
the authority. He called attention to a September deadline for funding from the
Commonwealth of Virginia, and advised that it is hoped that the New River Valley
Industrial Park will receive at least $1 million to get the project underway.
Chairman Johnson advised that Roanoke County has discussed the concept
of merging Roanoke County and Roanoke City Economic Development staffs, and
suggested that the City Manager and the County Administrator review the matter.
He explained that Roanoke County's Economic Development staff consists of five
employees and a $750,000.00 budget, and if the two departments were consolidated,
duplication of efforts would be eliminated while saving tax dollars.
The Chairman advised that correspondence from Roanoke County would be
forwarded to Mayor Bowers.
COMMENTS BY ROANOKE CITY COUNCIL AND THE ROANOKE COUNTY
BOARD OF SUPERVISORS:
Council Member Swain referred to an article in The Roanoke Times in regard
to construction of a monument in Pinkard Court depicting the history of the area.
He inquired if a schematic drawing of the monument is available for review.
Elmer C. Hodge, Roanoke County Administrator, advised that the County's
Public Information Officer is working with the Harrison Museum of African-American
Culture in regard to history and artifacts of the Pinkard Court area, and a schematic
rendering should be available for review in approximately one month.
There being no further business, the Mayor declared the Roanoke City Council
meeting adjourned at 1:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
5
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 20, 1998
12:15 p. m.
The Council of the City of Roanoke met in regular session on Monday, July 20,
1998, at 12:15 p. m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Re~jular Meetin~js, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
CITY SHERIFF-CITY JAIL: The Honorable George M. McMillan, Sheriff,
presented a briefing on the Prisoner Work Program. He advised that there are three
work crews which consist of three to six inmates supervised by one deputy sheriff
assigned to perform community work projects. He explained that the paint crew has
cleaned and painted all of the public restrooms, shelters and cooking grills in the
City's parks since program inception; as well as projects at Victory Stadium, Mill
Mountain Park, six recreational centers, Shaffers Crossing, Roanoke Police Fire
Arms Range, five C.O.P.E. Offices (Community Oriented Policing Efforts), and Fire
Station No. 13. He stated that the work crew has mowed and edged the sidewalk
along the Route 460 Corridor from the east City limits to the west City limits and has
recently undertaken a monthly project of cleaning the Roy L. Webber Expressway
from Community Hospital to Tanglewood Mall. He further stated that the garage
crew is responsible for washing and cleaning the interior of City vehicles, in addition
to performing other clean up work at the City Garage which allows garage personnel
the freedom to perform more important tasks. He presented slides and an
information report on certain projects that have been completed over the past two
years.
Sheriff McMillan explained that ongoing projects include maintenance of
Roanoke City Parks, edging and mowing of sidewalks along Route 460, Adopt-a-
Highway Program, boxing of books which are sent to Africa, cleaning and painting
the chain link fence around Roanoke City parks and other City properties, and
various tasks at the City Garage.
The Sheriff called attention to savings to the taxpayers of Roanoke City as a
result of the Prisoner Workforce Program, and advised that last year, 1,976 hours of
service were documented, and computed to a minimum wage of $5.15 per hour, the
program saved the City approximately $101,000.00. He advised that a vehicle was
purchased using inmate telephone commission money which saved the City
approximately $18,600.00; and the garage crew saved the City approximately
$57,200.00 by washing City vehicles, therefore, a total of $217,210.00 in tax dollars
were saved during fiscal year 1997-98.
Sheriff McMillan advised that it is proposed to expand the work crews in the
next fiscal year, by requesting additional funds from the State, the State funded 12
additional positions and one of those positions will be targeted toward increasing
the work crews to four. He added that beginning in November, the third work crew
will assist with neighborhood programs throughout the City, i.e., cleaning, trash
removal, mowing grass, etc,, and a fourth work crew will participate in a program
geared at interdiction of habitual drunkards which will include a work program
during the day, with inmates housed in a therapeutic housing unit at night where
they will receive counseling, with the goal of returning these individuals to the
community as productive members of society, and the program will not involve City
funds, but will require Council's approval.
The Mayor referred to his State of the City Address regarding the America's
Promise Program, and requested that the City Manager involve the Sheriff's Office
in the City's program (Roanoke's Promise).
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
At 2:00 p.m., on Monday, July 20, 1998, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
2
PRESENT: Council Members W. Alvin Hudson, Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Cedric E.
Malone, Pastor, Greater Mt. Zion Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS
PROCLAMATIONS: The Mayor presented a Proclamation
declaring August 4, 1998, as "National Night Out", which is a
nationwide crime, drug, and violence prevention program sponsored
by the National Association of Town Watch.
(For full text, see Proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Lucy Walton, 1998
Relay for Life Co-Chair, American Cancer Society, presented the Mayor
with a plaque in appreciation of the City's support of the American
Cancer Society's Relay for Life.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to a request for an Executive Session to
discuss and consider personnel matters with regard to vacancies on
various authorities, boards, commissions and committees appointed
by the Council.
3
ACTION:
ACTION:
MINUTES: Minutes of the Public Interviews of School Board
candidates which were held on Thursday, April 23, 1998; and Special
Meetings of City Council which were held on Thursday, April 30, 1998,
were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
ROANOKE ARTS COMMISSION-TRANSPORTATION SAFETY-
PENSIONS-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Sherlie S. Doherty as a member of the Roanoke Arts
Commission for a term ending June 30, 2001;
4
Jerry W. Caldwell as a member of the City of Roanoke
Transportation Safety Commission for a term ending
October 31, 2000; and
E. Douglas Chittum as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30,
2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
GREENWAY SYSTEM: Lucy Elliott, Member, Roanoke Valley
Greenway Commission, presented the first Annual Report of the
Roanoke Valley Greenway Commission. She expressed appreciation
for the City's support as the project has progressed through a system
of trails which will enhance the quality of life in the community and will
open opportunities for recreation, economic development and
preservation of the environment. She advised that the first trails are in
various stages of construction, and other major pieces of the plan
include the proposed greenway in Roanoke County and the City of
Salem extending from Greenhill Park along the river to the intersection
of Route 419 and Apperson Drive; and another major piece along the
Roanoke River could come about as a result of the flood reduction
project, and a two to three mile trail running through Wasena and Smith
Parks and continuing down the Roanoke River toward the Sewage
Treatment Plant. She stated that funding for the Greenway
Commission is provided by the four Roanoke Valley localities on a per
capita basis and the money is used to fund the position and operate the
office of the Greenways Coordinator. She added that the greenway
movement continues to generate enthusiasm from citizens resulting in
a major volunteer effort to promote greenways in the Roanoke Valley.
She advised that the greenway system is not just a Roanoke City
project, although the City has provided a major leadership role, and
from the beginning a valley-wide approach has been taken and all
commission members and volunteers have been supportive of the
greenway segments as they have developed, regardless of the
jurisdictions. She emphasized the importance of interjurisdictional
cooperation and advised that there have been requests to expand
beyond the four Roanoke Valley localities, but at this point it is believed
that no additional projects should be commenced in order to insure
that the current plan continues to be implemented. She presented copy
of a recently printed brochure which will be used to educate the general
public about the greenway project and to stimulate interest in Path
Finders for Greenways, a non-profit citizen volunteer group supporting
greenways. She requested Council's continued support, both
financially and through encouragement, in the coming year by
including greenways whenever possible in future planning for the City.
More specifically, she asked that easements for greenways be secured
when drainage easements are obtained as a part of the flood control
project, as well as other opportunities in connection with road
improvements, and utility routes.
The Mayor requested a status report on the trail from Elmwood
Park to Walnut Street Bridge to Mill Mountain Park and from St.
Andrews Catholic Church to Lick Run across the new bridge at 1-581
leading to the Valley View Mall property; whereupon, the Director of
Public Works advised that a report will be provided following receipt of
more specific information from the City Engineer.
The Mayor inquired about the City's efforts to obtain easements
by connecting greenways to the sewer interceptor project. He called
attention to the stretch of land on the south side of the Roanoke River
from the Ninth Street Bridge around to Buzzards Roost at the Sewage
Treatment Plant at 13th Street which is a part of the sewer interceptor
program and not the flood reduction program, and inquired if a
greenway could be developed in that area since the land cannot be
developed for any other purpose.
Following further discussion, the Mayor requested that Council
be provided with a report on greenway development within 60 days.
Council Member Swain requested that the City Manager's report
include information with regard to public input received by the City
Planning Department on greenways.
6
With the understanding that an update will be provided on
greenway development within 60 days, it was the consensus of Council
that the Annual Report of the Roanoke Valley Greenways Commission
would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$35,000.00 for the 1998-99 Regional Adult Education
Specialist Program to provide ancillary and support
services for the Adult Literacy and Basic Education
Program in the planning district; the continuing program
will be reimbursed one hundred percent by State funds;
$37,212.00 for the 1998-99 Adult Education in the Jails
Program to provide instruction to inmates in the Roanoke
City and Roanoke County Jails to aid in their acquisition
of the GED certificate; the continuing program will be
reimbursed by Federal funds amounting to $34,857.00 and
jail funds in the amount of $2,345.00;
$116,858.00 for the 1998-99 Regional Adult Literacy (TAP)
Program to provide for the administration of adult literacy
programs; the continuing program will be subcontracted
through Total Action Against Poverty (TAP) and Federal
funds will pass through the Roanoke City Schools;
$7,772.00 for the 1998-99 GED Testing Program to provide
instructors for GED preparation classes and for the
administration of the GED examinations; the continuing
program will be funded with student fees;
$4,673.00 for the 1998-99 Opportunity Knocks (GED)
Program to provide instruction for the General
Educational Development (GED) Examination for young
adults; the program operates under an Agreement of
Understanding with the Fifth District Employment and
Training Consortium to address GED preparation needs of
participating youth; the continuing program will be funded
with fees charged to participants;
7
ACTION:
$1,251,670.00 for the 1998-99 Alternative Education
Program to provide alternative curriculum and training for
high risk students; the continuing program will be
reimbursed by State funds in the amount of $57,802.00,
with a local match of $1,193,868.00;
$79,481.00 for the Homeless Assistance Program to
provide instructional services to homeless students; the
continuing program will be funded by Federal funds
amounting to $48,847.00, with a local match of $30,634.00;
and
$75,000.00 for Huff Lane MicroVillage School
improvements; funding has been provided by a third party
donation.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33933-072098) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund and School Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 56.)
Mr. Trout moved the adoption of Ordinance No. 33933-072098.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Council Member White expressed concern with regard to certain
school buildings where there appears to be a problem with exterior
maintenance, and inquired if there are sufficient maintenance funds in
the School budget for this purpose.
8
William L. Murray, Jr., Director of Business Services, Roanoke
City Schools, responded that there are adequate funds in terms of the
budget that the School Board approved. He advised that if there are
specific sites in need of maintenance, he would provide the information
to the Superintendent of Schools; whereupon, Mr. White stated that
specific locations were reported to Richard L. Kelley, Assistant
Superintendent for Operations, which locations appear to have suffered
from neglect over a period of time.
Council Member Swain raised questions with regard to the
Alternative Education Program, and requested specific information on
alternative education curriculum, behavioral techniques, and student
success statistics. He suggested that alternative education students
be selected at random to provide Council with their perspective of the
program.
The Mayor advised that Council will meet with the Roanoke City
School Board on August 17 for the annual summer meeting, and
requested that the City Clerk include the above listed matters on the
agenda for discussion, in addition to an item regarding maintenance of
equipment as requested by Council Member Wyatt.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that the Roanoke Redevelopment and Housing
Authority has administered a variety of HOME Programs for the City,
including housing rehabilitation and homebuyer assistance; Council
authorized the Roanoke Redevelopment and Housing Authority's 1998-
99 HOME activities and funding as a part of the Annual Update to the
Consolidated Plan (Annual Update) approved for submission to the
U. S. Department of Housing and Urban Development (HUD) on May 11,
1998, pursuant to Resolution No. 33830-061598; Council accepted 1998-
99 HOME funds on June 15, 1998, pending receipt of the approval letter
from HUD, by adopting Resolution No. 33877-061598 and Budget
9
ACTION:
Ordinance No. 33876-061598; and HUD approval of the Annual Update
is forthcoming and the letter of approval is completing the routine
Congressional release process.
It was further advised that a total of $633,018.00 in HOME funds
has been budgeted for the RRHA's 1998-99 HOME Agreement;
$40,000.00 in HOME funds are budgeted for the RRHA's 1998-99 general
administrative costs relating to HOME-funded activities; an additional
$135,954.00 in Community Development Block Grant (CDBG) funds for
staff and other support costs directly attributable to delivering the
HOME activities is being budgeted under a separate CDBG Agreement
with the Housing Authority; HOME funds require a 12.5% match, which
does not apply to "administrative"or to Grant Year 1992 funds; the
match requirement for the RRHA contract will be $42,741.00; no outlays
of City funds will be needed to meet the match requirement; and
Council must approve execution of an Agreement with the Roanoke
Redevelopment and Housing Authority in order to implement the HOME
activities and to permit payment to the RRHA for costs incurred.
The City Manager recommended that he be authorized to execute
the 1998-99 HOME Agreement with the Roanoke Redevelopment and
Housing Authority and amendments thereto, if necessary, to be
approved as to form by the City Attorney within the limits of funds and
the purposes set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33934-072098) A RESOLUTION authorizing the appropriate City
officials to enter into the 1998-99 HOME Investment Partnership (HOME)
Program Agreement, and any necessary amendments thereto, with the
Roanoke Redevelopment and Housing Authority, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 60.)
Mr. Trout moved the adoption of Resolution No. 33934-072098.
The motion was seconded by Mr. Harris.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if the
houses are currently under construction, if not, when will construction
begin, and where are the houses to be located.
10
Frank E. Baratta, Grants Compliance Officer, advised that the
activity is included in the Gainsboro Lot Acquisition and
Homeownership Initiative, the activity has been pending for over two
years and involves the Roanoke Redevelopment and Housing Authority
rehabilitating two houses located at 12 and 18 Gilmer Avenue, N. E.,
which are the two houses that were moved from behind The Hotel
Roanoke. He stated that the other two properties that will complete this
activity have not been identified at this time and funding was intended
to either acquire parcels, engage in construction, or provide financing
assistance to eligible home buyers.
Resolution No. 33934-072098 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-DOWNTOWN ROANOKE,
INCORPORATED: The City Manager submitted a written report advising
that the Roanoke City Police Department's Mounted Patrol Unit was
formed in partnership with Downtown Roanoke, Inc., in September,
1993; Downtown Roanoke, Inc., formed a separate not-for-profit tax
exempt organization, Roanoke Foundation for Downtown, Inc.,
(Foundation) to assist Downtown Roanoke, Inc., in raising funds for the
Mounted Patrol Unit; and as of June 30, 1998, Downtown Roanoke, Inc.,
and the Foundation have fulfilled their original commitment to the City
by providing five years of financial assistance for the Mounted Patrol
Unit.
The City Manager further advised that Council authorized
$15,000.00 as part of the fiscal year 1998-99 adopted General Fund
budget for expenses associated with operation of the Police
Department's Mounted Patrol Unit; funds for the Mounted Patrol Unit
need to be provided to the Foundation to continue to provide funding
for expenses associated with the Mounted Patrol Unit; an
administrative agreement is necessary for the funds to be obligated to
the Foundation for the time period of July 1, 1998 through June 30,
1999, and shall be renewable for two successive terms of one year
each; and the agreement requires the City to indemnify the Foundation
and Downtown Roanoke, Inc., if City employees or agents are guilty of
negligent or intentional acts with respect to said agreement.
11
ACTION:
The City Manager recommended that he be authorized to execute
the agreement and amendments thereto, if necessary, with Downtown
Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., to be
approved as to form by the City Attorney, within the limits of funds set
forth in the report and for the purposes specified therein.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33935-072098) A RESOLUTION authorizing an agreement with
Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc.,
for the continuation of the Mounted Patrol Unit of the Police
Department.
(For full text of Resolution, see Resolution Book No. 61, page 61.)
Mr. Trout moved the adoption of Resolution No. 33935-072098.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Council Member White was out of the Council Chamber.)
HIGHER EDUCATION CENTER: The City Manager submitted a
written report advising that the 1997 Virginia General Assembly
adopted Chapter 813 of the 1997 Acts of Assembly establishing the
Roanoke Higher Education Authority to be effective July 1, 1998; the
Roanoke Higher Education Authority is responsible for expanding
access to higher education and workforce training in the Roanoke
Valley by establishing the Roanoke Higher Education Center with such
funds as are appropriated or made available for this purpose; and the
1998 Virginia General Assembly approved $5,379,000.00 during the first
year of the biennium for the Authority to establish the Roanoke Higher
Education Center and provided $62,500.00 in fiscal year 1998-99 and in
fiscal year 1999-2000 each for operation of the Authority.
12
ACTION:
It was further advised that on July 16, 1998, the Authority held an
organizational meeting and recommended that a formal request be
made to the City to appoint the Director of Finance to serve as a
temporary fiscal agent, with authority to establish a discrete
participating account or agency fund within the City Accounting
System and to receive such funds of any type which have been
designated for the Authority; funds established in this account shall
earn interest based upon the accounts average daily cash balance in
the account, all in accordance with the standard operating and
accounting procedures of the City of Roanoke Consolidated Account;
the City shall have charge and custody of all funds and will make such
funds available to the Authority, or its designee, upon written request
from the Chairman of the Authority; the Director of Finance shall
produce checks for expenditures of the Authority and shall create such
checks only upon the written request of the Chairman of the Roanoke
Higher Education Authority, or his designee, as appointed in writing;
and a monthly statement of receipts and disbursements may be made
available to the Chairman of the Authority upon request to the Director
of Finance.
The City Manager recommended that Council authorize the
Director of Finance to serve as temporary fiscal agent for the Roanoke
Higher Education Authority.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33936-072098) A RESOLUTION authorizing the Director of
Finance to serve as the temporary Fiscal Agent for the Roanoke Higher
Education Authority.
(For full text of Resolution, see Resolution Book No. 61, page 61.)
Mr. Trout moved the adoption of Resolution No. 33936-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
13
Mr. Trout moved that the Director of Finance be authorized to
serve as temporary Treasurer and that the City Attorney be authorized
to serve as temporary Attorney for the Roanoke Higher Education
Authority. The motion was seconded by Mr. Hudson and unanimously
adopted.
At the request of Council Member White, it was the consensus of
Council that the Director of Finance will compile a list of in-kind City
contributions of legal and financial services provided to the Roanoke
Higher Education Authority.
Council Member Swain requested specific information on the
Roanoke Higher Education Authority, i.e.: membership, localities
represented, etc.
SEWERS AND STORM DRAINS-BUDGET-CONSULTANTS
REPORTS-WATER RESOURCES: The City Manager submitted a written
report advising that the Garden City neighborhood experienced
extensive flooding on June 28, 1995; several significant drainage
problems have existed for many years along the Garnand and Gum
Spring Branches located in the Garden City neighborhood; and the
Garden City Phase 3 Drainage Projects are included in the Capital
Improvement Program (CIP), approved by Council on July 21, 1997.
It was further advised that Council is requested to appropriate
funds for the Garden City Phase 3 Drainage Project design; an
advertisement for consultant services for the Design for Various
Stormwater Management Projects was published in the January 4,
1998, issue of The Roanoke Times and in the January 8, 1998, issue of
The Roanoke Tribune; 11 firms responded to the request for proposals
and Hayes, Seay, Mattern & Mattern, Inc., was selected to perform
design services for the Garden City Phase 3 Drainage Project; and the
proposed contract with Hayes, Seay, Mattern & Mattern, Inc., provides
for the engineering design of the Garden City Phase 3 Drainage Project
to stay within the construction and property rights acquisition budget
of $464,500.00.
The City Manager recommended that Council take the following
actions:
Appropriate $135,500.00 from Public Improvement Bonds
Series 2000, Account No. 008-052-9709-9176, to "Garden
City Phase Three Drainage Project";
14
Adopt a resolution indicating the City's intent to reimburse
itself when the Series 2000 bonds are issued;
Authorize the City Manager to enter into a contractual
agreement with Hayes, Seay, Mattern & Mattern, Inc., to
provide for an engineering design of the Garden City
Phase Three Drainage Project, in the amount of
$119,548.00; and required digital mapping will be provided
by Lumsden Associates, P. C., under a separate
agreement which the City Manager has authority to
execute.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#33937-072098) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 63.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 33937-072098.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following resolution:
(#33938-072098) 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 Garden City Phase 3 Drainage Projects;
and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 64.)
15
ACTION:
Mr. Swain moved the adoption of Resolution No. 33938-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following resolution:
(#33939-072098) A RESOLUTION authorizing a contract with
Hayes, Seay, Mattern & Mattern, Inc., for engineering services needed
for the Garden City Phase 3 Drainage Project.
(For full text of Resolution, see Resolution Book No. 61, page 65.)
Mr. Swain moved the adoption of Resolution No. 33939-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-WATER RESOURCES-EQUIPMENT: The City Manager
submitted a written report advising that funds are designated in fiscal
year 1998-99 operating budgets for Water and Water Pollution Control
Departments to provide for purchase of necessary chemicals to be
used in the operations of said departments; and anticipated cost of the
chemicals on an annual basis, if purchases are made of the estimated
quantities is:
Water Fund:
Sewage Fund:
$317,710.00
$195,922.00
The City Manager recommended that Council accept the lowest
responsible bids for water and waste water treatment chemicals, as
follows:
16
Liquid Alum from General Chemical Corporation for the
Carvins Cove facility, at a cost of $.365715 per gal., and
from Alchem, Inc., for the Falling Creek facility, at a cost
of $.378516 per gal.;
Liquid Chlorine from Jones Chemicals, Inc., at a cost of
$17.60 per cwt. for 150 lb. cylinders and $13.575 per cwt.
for 2,000 lb. cylinders;
Sodium Fluoride from Prillaman Chemical Corp. at a cost
of $.645 per lb.;
Ferric Chloride from Eaglebrook, Inc., at a cost of $.4633
per gal.;
Sulfur Dioxide from Jones Chemicals, Inc., at a cost of
$366.81 per cylinder;
Sodium Hydroxide from Prillaman Chemical Corp. at a
cost of $.91 per gal. for Carvins Cove and $1.05 per gal. for
Falling Creek;
Hydrofluosilica Acid from Prillaman Chemical Corp. at a
cost of $.64 per gal.;
Sodium Bi-Sulfate from Prillaman Chemical Corp. at a cost
of $1.02 per gal.;
Orthophosphate from Southchem, Inc., at a cost of $3.76
per gal.;
Polymer Praetol from Control Equipment Co., Inc., at a
cost of $3.741 per gal.;
Polymer Cat-Floc, TL from Southern, Inc., at a cost of
$4.51 per gal.;
PASS from Control Equipment Co., Inc., at a cost of $4.371
per gal.; and
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
17
Mr. Hudson offered the following resolution:
(#33940-072098) A RESOLUTION accepting bids for water and
sewage treatment chemicals for fiscal year 1998-1999, and rejecting
other bids.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 66.)
Mr. Hudson moved the adoption of Resolution No. 33940-072098.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Omnibus Fiscal Year 1998
Appropriations Act, Public Law 105-119, provides funding for the
implementation of the Local Law Enforcement Block Grant Program
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
underwrite projects to reduce crime and to improve public safety; the
fiscal year 1997 Grant has provided funding for police bicycles and
police overtime to the City, with guidance on the location of enhanced
patrol provided by an Advisory Board of citizens and City officials,
which program became operational on May 22, 1998.
It was further advised that the Roanoke City Police Department
has requested to apply for funds under this block grant to continue the
program of enhanced bicycle patrol; the grant requires that the funds
supplement rather than supplant local monies; and the grant
application specifies that the funds will be used for (1) paying overtime
to presently employed law enforcement officers for the purpose of
increasing the number of hours worked by such personnel and (2)
procuring equipment and other materials directly related to basic law
enforcement functions.
It was explained that the Bureau of Justice Assistance has
advised that the City is eligible to apply to the Bureau of Justice
Assistance for a direct award of $141,964.00; the award would require
18
ACTION:
a cash matching fund amount of $15,774.00; grant requirements
provide that funds be placed in an interest bearing account; local
match funds are available in the Police Department's Federal Asset
Forfeiture Distributions Investigations and Rewards Account No. 035-
050-3304-2150; and a Grant Advisory Board of Citizens and Public
Officials was developed for last year's grant and will be utilized to
identify and prioritize specific areas or neighborhoods to receive the
additional police patrol.
The City Manager recommended that Council apply for funds
from the Local [.aw Enforcement Block Grant; and that he be authorized
to execute all appropriate documents to obtain funding through the
Local Law Enforcement Block Grant Program administered by the
Bureau of Justice Assistance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33941-072098) A RESOLUTION accepting a certain Law
Enforcement Block Grant from the United States Department of
Justice's Bureau of Justice Assistance and authorizing execution of
any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 61, page 68.)
Mr. Harris moved the adoption of Resolution No. 33941-072098.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-GRANTS-YOUTH-SCHOOLS: The City Manager
submitted a written report advising that the U. S. Department of
Agriculture (USDA) has solicited applications from municipalities to
participate in the 1998 Virginia Summer Food Service Program; the
purpose of the program is to provide nutritionally balanced, healthy
meals to children, ages 1 through 18, of Iow-income families at
designated sites within the City during the summer months of 1998; the
Virginia Summer Food Service Program is similar in concept to the
19
National School Lunch Program, with eligibility requirements similar to
those used to determine eligibility for free or reduced price meals
during the school year; Roanoke operated the program in 1993 - 1997;
and the need for the program and potential operational plans were
originally explored and developed by a task force of the City Manager's
Human Development Steering Committee.
It was further advised that a grant application for the Virginia
Summer Food Service Program has been prepared by the City's Office
on Youth on behalf of the City of Roanoke for consideration by the U. S.
Department of Agriculture for funding for the period of June 22, 1998
through August 21, 1998; approximately 950 daily meals (breakfast and
lunches are proposed for youths at 19 participating sites); and the
Directorate of Human Development will administer the project in
conjunction with the Office on Youth and in collaboration with
departments/agencies such as Parks and Recreation, Roanoke City
Schools, Roanoke Redevelopment and Housing Authority and Total
Action Against Poverty.
The City Manager recommended that Council accept the grant
award and that he be authorized to execute all documents necessary
to accept the grant from the U. S. Department of Agriculture, in an
amount not to exceed $125,241.00; that the Director of Human
Development be authorized to negotiate and execute a contract for food
services with Roanoke City Schools, as well as appropriate
interdepartment agreements with Parks and Recreation, and agency
agreements with the Roanoke Redevelopment and Housing Authority,
Total Action Against Poverty and the Young Men's Christian
Association, all agreements and contracts are to be in a form approved
by the City Attorney; and appropriate $125,241.00 in Federal funds and
$15,245.00 in local match to accounts to be established in the Grant
Fund by the Director of Finance and to establish revenue estimates in
the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33942-072098) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant and General Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 68.)
20
ACTION:
Mr. Harris moved the adoption of Ordinance No. 33942-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following resolution:
(#33943-072098) A RESOLUTION endorsing the grant application
made on behalf of the City of Roanoke to the United States Department
of Agriculture for the 1998 Summer Food Service Program, accepting
the subsequent grant award, authorizing execution of the necessary
documents in connection with the grant, and authorizing the
negotiation and execution of the appropriate agreements.
(For full text of Resolution, see Resolution Book No. 61, page 70.)
Mr. Harris moved the adoption of Resolution No. 33943-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted
a written report advising that VlSSTA (Virginia Institute for Social
Services Training Activities) is a collaborative effort between the
Virginia Department of Social Services and Virginia Commonwealth
University which coordinates and provides training activities for Social
Service employees; effective July 1, 1998, the Roanoke City Department
of Social Services assumed administration of the Piedmont Area
Training Center for the VlSSTA Program and relocated the office and
staff from Montgomery County to Roanoke City; and the VlSSTA
Program has expanded its activities to include Child Care Provider
Training and wishes to contract with the Piedmont Area Training Center
to provide assistance with 40 Child Care Provider Trainings for fiscal
year 1998-99.
21
ACTION:
It was further advised that in order to contract to provide
assistance with Child Care Provider Training for the Piedmont Region,
the City needs to execute an agreement with the Virginia Department
of Social Services, the State will reimburse the City at 100% of costs,
not to exceed $25,000.00 for fiscal year 1999, for providing assistance
with 40 Child Care Provider Trainings, upon certain terms and
conditions; and expansion of the VlSSTA Program to include Child
Care Provider Training will have a positive economic impact on the
City.
The City Manager recommended that he be authorized to execute
a contract with the Virginia Department of Social Services to provide
assistance with Child Care Provider Training through the VlSSTA
Piedmont Area Training Center; that Council appropriate $25,000.00 to
VlSSTA Cost Center 001-054-5318-2066; and increase General Fund
revenue estimates by $25,000.00 in VlSSTA Account No. 001-020-1234-
0671.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33944-072098) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 71.)
Mr. Harris moved the adoption of Ordinance No. 33944-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following resolution:
22
ACTION:
ACTION:
(#33945-072098) A RESOLUTION authorizing the City Manager to
execute a contract with the Virginia Department of Social Services to
provide assistance with Child Care Provider Training through the
VlSSTA Piedmont Area Training Center, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 61, page 72.)
Mr. Harris moved the adoption of Resolution No. 33945-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
CITY ATTORNEY:
CITY ATTORNEY-CITY EMPLOYEES-HUMAN DEVELOPMENT:
The City Attorney submitted a written report announcing the
appointment of Allen T. Wilson as Assistant City Attorney I, effective
August 3, 1998, and advised that this full-time position recently
authorized by Council will provide additional legal representation to the
Department of Social Services.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-CITY PROPERTY-COMMONWEALTH OF VIRGINIA
BUILDING: Council Member Carroll E. Swain, Chairperson, Bid
Committee, presented a written report on behalf of the Committee, in
connection with bids received by the City for replacement of wood
windows in the Commonwealth Building, 210 West Church Avenue;
whereupon, he recommended that Council approve the following
actions:
23
Authorize the City Manager to enter into a contractual
agreement, in a form approved by the City Attorney, with
PNC Corporation of Ashland, Virginia, for 120 consecutive
calendar days in accordance with contract documents as
prepared by the Office of City Engineer;
Create a capital account entitled, "Replace Windows in the
Commonwealth Building" as follows:
From 1997-98 CMERP
$85,000.00
From Building Maintenance
Account No. 001-052-4330-3057
13,711.00
$98,711.00
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#33946-072098) AN ORDINANCE accepting the bid of PNC
Corporation of Ashland, Virginia, for the replacement of wood windows
in the Commonwealth Building with aluminum windows, 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.
(For full text of Ordinance, see Ordinance Book No. 61, page 73.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 33946-072098.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
24
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS:
Mr. Hudson offered the following resolution memorializing Samuel G.
Oakey, II, civic leader:
(#33947-072098) A RESOLUTION memorializing the late
Samuel G. Oakey, I1.
(For full text of Resolution, see Resolution Book No. 61, page 74.)
Mr. Hudson moved the adoption of Resolution No. 33947-072098.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
TELEPHONE EQUIPMENT-WATER RESOURCES: Ordinance No.
33907, authorizing the proper City officials to enter into a Lease
Agreement between the City and Virginia PCS Alliance, L. C., a Virginia
Limited Liability Company, for use of the Grandin Court Elevated Water
Tank No. 1 and site located at the dead end of Creston Avenue, S. W.,
for placement, operation, and maintenance of Personal Communication
System antennas and related equipment, for a four year period, with up
to two five year renewals, effective August 1, 1998, at a rental rate of
$750.00 plus the increase in the Consumer Price Index for the prior year
ending July 31, 1998, per month for such use, having previously been
before the Council for its first reading on Monday, July 6, 1998, read
and adopted on its first reading and laid over, was again before the
body, Mr. Harris offering the following for its second reading and final
adoption:
(#33907-072098) AN ORDINANCE authorizing the proper City
officials to enter into a Lease Agreement between the City and Virginia
PCS Alliance, L.C., a Virginia Limited Liability Company, for use of the
Grandin Court Elevated Water Tank No. 1 and site located at the dead
25
ACTION:
end of Creston Avenue, S. W., for the placement, operation, and
maintenance of Personal Communication System antennas and related
equipment, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 54.)
Mr. Harris moved the adoption of Ordinance No. 33907-072098.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-WATER RESOURCES: Ordinance No. 33925, authorizing
the donation and conveyance of an easement across City-owned
property identified as Official Tax No. 4220316, located at the corner of
Jamison Avenue and 14th Street, S. E., to Appalachian Power
Company, for the purpose of extending the existing overhead electric
power line to provide electric service to an adjacent property, having
previously been before the Council for its first reading on Monday,
July 6, 1998, read and adopted on its first reading and laid over, was
again before the body, Mr. Harris offering the following for its second
reading and final adoption:
(#33925-072098) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified by
Official Tax No. 4220316 to Appalachian Power Company, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 55.)
Mr. Harris moved the adoption of Ordinance No. 33925-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
26
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-INDUSTRIES-WATER RESOURCES: Ordinance No. 33928,
authorizing the donation and conveyance of an easement across City-
owned property at the Roanoke Centre for Industry and Technology to
Appalachian Power Company, bearing Official Tax No. 7230101, for the
purpose of relocating and extending the existing overhead electric
power line to avoid a proposed future detention basin and to provide
electric service to the City's new horse stables for the mounted patrol,
having previously been before the Council for its first reading on
Monday, July 6, 1998, read and adopted on its first reading and laid
over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
(#33928-072098) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property at the
Roanoke Centre for Industry and Technology to Appalachian Power
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 56.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 33928-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
STREETS AND ALLEYS: Council Member Hudson inquired about
the timetable for the repaving of certain City streets; whereupon, the
Mayor requested that the City Manager meet with Mr. Hudson to
discuss the matter.
ZONING-ANIMALS/INSECTS-PARKS AND RECREATION-HUMAN
DEVELOPMENT-REFUSE COLLECTION-PUBLIC WORKS: Council
Member Swain requested a status report on the following items:
27
removal of junk vehicles from private property,
removal of dilapidated structures,
weed control,
removal of discarded items from rental properties such as
refrigerators, tires, etc.
the City's tree planting program,
cost to the City of collecting lifter,
removal of homeless persons from City streets and,
illegal housing of domestic animals.
The Mayor requested that the City Manager, or his representative,
meet with Mr. Swain to address his concerns.
HOUSING/AUTHORITY: Council Member Trout expressed
concern with regard to the selection process used by the Roanoke
Redevelopment and Housing Authority to hire a new Development
Director.
Following discussion, it was the consensus of Council that the
Mayor will meet with Council Member Trout, Council's Liaison to the
Roanoke Redevelopment and Housing Authority, Willis M. Anderson,
Chairman, Roanoke Redevelopment and Housing Authority, and
John T. Baker, Executive Director, Roanoke Redevelopment and
Housing Authority, to discuss ways of improving the lines of
communication.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
HABITAT FOR HUMANITY: In view of the fact that a number of
persons had registered to address Council with regard to the
construction by Habitat for Humanity in the Roanoke Valley of
approximately 34 houses in the Westview Terrace neighborhood, the
Mayor called attention to preliminary discussions with the City Manager
and the City Attorney regarding the City's involvement, if any, in the
matter, and offered that City government serve as a facilitator between
the Westview Terrace neighborhood and representatives of Habitat for
Humanity.
Mr. Kermit Plummer, 1652 Garstland Drive, N. W., advised that
residents of the Westview Terrace neighborhood are in the process of
organizing community meetings to oversee future projects in the
neighborhood; however, at the present time there is no standing
committee. He stated that before responding to the Mayor's offer
28
regarding City government facilitation, he would prefer to confer with
community representatives. He explained that of primary concern to
the community is the action of Habitat for Humanity to construct
houses in the neighborhood without prior notification to the
community, and a statement made by Habitat representatives that
Habitat was not required to apprise the community of its proposed
construction plans.
After conferring with other representatives of the Westview
Terrace neighborhood, Mr. Plummer advised that residents would be
willing to meet with the City Manager and representatives of Habitat for
Humanity, upon the condition that if an agreement is not reached, the
matter will be brought to Council's attention as expeditiously as
possible.
Gregory Feldman, Chairman, Habitat for Humanity in the
Roanoke Valley, advised that Habitat for Humanity would welcome any
opportunity to meet with residents of the Westview Terrace community.
There was discussion with regard to grading on the construction
site which is currently underway; whereupon, Council Member Swain
inquired if grading could be delayed until meetings have been held with
neighborhood representatives and Habitat for Humanity; whereupon,
Mr. Feldman advised that it would be necessary to obtain input from the
Habitat for Humanity Building Committee prior to responding.
Mr. Plummer explained that although Westview Terrace property
owners understand the City's position, they are greatly concerned
about the lack of communication by Habitat for Humanity with residents
of the neighborhood. He explained that the project has been planned
for approximately two years, and less than one week ago residents of
the Westview Terrace community were notified of Habitat's proposed
construction plans through a small number of flyers that were
distributed in the neighborhood.
Mr. Francis Jeffreys, 4351 Woodbridge Avenue, N. W., expressed
concern regarding the lack of notification of residents of Westview
Terrace, and advised that on or about Thursday of last week,
approximately 10 15 flyers were distributed throughout the
neighborhood, while the remainder of the neighborhood received no
notification, and residents were told by Habitat representatives that it
was not required to notify the community. He explained that the
construction project has been under consideration for two years,
29
residents of the area were not properly informed, and Habitat for
Humanity should cease construction until discussions between the two
groups have taken place.
Ms: Martha Ann Quarles, 1917 Angus Road, N. W., advised that
34 proposed houses are too many for the small parcel of land on
Woodbridge Avenue, and expressed concern that the Habitat houses
will not be compatible with existing houses in the neighborhood. She
inquired as to the percentage of complaints regarding structural
problems on Habitat for Humanity constructed homes and whether
those complaints have been satisfactorily resolved. She stated that
there is also a problem as to whether or not the land is geologically
sound because of caverns, sink holes and debris that was previously
reported to exist. She also expressed concern over Habitat's failure to
notify the community of its proposed construction plans.
The Reverend Johnny Stone, 1801 Lynn Street, N. W., expressed
concern regarding the future of the neighborhood, and that the
proposed houses to be constructed by Habitat for Humanity will not be
compatible with existing houses in the neighborhood which will lead to
devaluation of property.
David Camper, Past President, Habitat for Humanity in the
Roanoke Valley, advised that the average Habitat house is sold for
$44,000.00, and the average City assessment on a Habitat house is in
the range of approximately $60,000.00 to $62,000.00, and Habitat
believes that the proposed houses will be comparable with existing
houses in the neighborhood. He explained that the 34 Habitat houses
are proposed to be constructed in stages, six to be constructed in 1999,
ten by the year 2000, eight in 2001, and another ten in the year 2002. He
stated that if grading on the property is stopped pending discussion of
the matter by Habitat representatives and Westview Terrace
representatives, the contractor advises that to hold the equipment for
two weeks would cost in the range of $10,000.00.
Ms. Angie Clark, 4321 Woodbridge Avenue, N. W., expressed
concern that Habitat for Humanity did not involve the Westview Terrace
community in its building plans; however, as a good faith gesture by
Habitat, construction should be discontinued until discussions are held
with Westview Terrace property owners. She advised that in the past,
Habitat has constructed its houses in more comparable neighborhoods
and houses have been more favorably accepted because Habitat has
constructed two or three houses in the various neighborhoods as
3O
opposed to 34 houses which are proposed for construction in the
Westview Terrace area. She expressed concern regarding a decrease
in property values and spoke in support of a full comparison of all tax
assessments on adjoining properties. She called attention to a rumor
that several of the Habitat houses have been reserved for families
currently residing in the Lansdowne Park housing development which
is referred to as an area of high crime activities.
Ms. Judy Miran, 4335 Tellico Road, N. W., a real estate broker,
advised that no house is sold on the assessed value of the property,
and explained that houses on Woodbridge Avenue, Lynn Street and
Tellico Road are sold in the range of $78,000.00 to $115,000.00. She
stated that if 34 Habitat for Humanity houses are constructed in the
area it will effect the value of every house within a one mile radius and
will decrease the value of each house by 50 - 75 per cent. She
expressed concern that residents were only recently notified of
building plans by Habitat for Humanity, although Habitat's plans have
been underway for approximately two years.
Ms. Irene Williams, 1657 Garstland Drive, N. W., expressed
concern that the proposed Habitat for Humanity houses will lead to
devaluation of existing properties.
Mr. Lloyd E. Hampton, 4001 Guernsey Lane, N. W., encouraged
Habitat for Humanity to construct the houses on vacant property in the
Gilmer, Center and Loudon Avenue, N. W. area. He stated that his
property is assessed at approximately $100,000.00, and 34 Habitat
houses would decrease property values.
Mr. Eddie Moore, 4333 Woodbridge Avenue, N. W., questioned
the advisability of constructing 34 houses in the area because of
caverns and sink holes, etc., that are reported to run parallel to the
sewer system where the proposed houses are to be constructed.
Property owners inquired if the City's involvement could be in
denying the issuance of permits for infrastructure improvements;
whereupon, the Director of Public Works advised that the City's ability
to deny permits would have to be based on a specific ordinance and as
long as subdivision regulations are in compliance, the City cannot
prohibit the issuance of permits.
31
Question was raised by property owners as to whether the land
is geologically safe for development, i.e., previously reported caverns,
sink holes, etc.; whereupon, the City Manager advised that to his
knowledge the City has not declared the land to be unsatisfactory for
development. He advised of his willingness to work with the two
groups to determine if there is a role for City government to play, that
considerable time has been spent in researching the issue, and to date,
City staff has been unable to find a role for City government.
Mr. Harris moved that the matter be referred to the City Attorney
to determine the City's legal involvement, if any; that the City Manager
be requested to facilitate discussions between Westview Terrace
representatives and representatives of Habitat for Humanity in the
Roanoke Valley to determine if a compromise can be reached; that
Habitat for Humanity be requested to cease construction on the
building site during the interim time period; and that the City Manager
and the City Attorney report to Council at its next regular meeting on
Monday, August 3, 1998. The motion was seconded by Mr. Hudson.
In connection with the request that Habitat for Humanity cease
construction on the building site pending further discussion by all
parties involved, Mr. Feldman advised that Habitat for Humanity
representatives would caucus by telephone and notify the City and
Westview Terrace representatives accordingly.
The motion was then unanimously adopted.
At 5:35 p.m., the Mayor declared the meeting in recess.
At 5:40 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
ACTION:
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
32
ACTION:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris left the meeting prior to the Executive Session.)
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that there is a vacancy on the Virginia Western Community College
Board of Directors created by the ineligibility of Laverne B. Dillon, to
serve another term, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Harriet Lewis.
There being no further nominations, Ms. Lewis was appointed as
a member of the Virginia Western Community College Board of
Directors, for a term ending June 30, 2002, by the following vote:
FOR MS. LEWIS: Council Members Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 6.
(Vice-Mayor Harris was absent).
OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER
AMERICANS: The Mayor advised that thers is a vacancy on the League
of Older Americans Advisory Committee created by the resignation of
Corinne B. Gott, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Helen J. Hall.
There being no further nominations, Ms. Hall was appointed as
a member of the League of Older Americans Advisory Committee, for
a term ending February 28, 1999, by the following vote:
FOR MS. HALL: Council Members Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 6.
(Vice-Mayor Harris was absent.)
At 5:45 p.m., the Mayor declared the meeting in recess until
7:00 p.m.
33
On Monday, July 20, 1998, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Mayor Bowers
presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers .......................................................................... 6.
ABSENT: Vice-Mayor C. Nelson Harris .................................. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by
Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HABITAT FOR HUMANITY: The Mayor advised that a proposal of
Habitat for Humanity to construct 34 houses in the Westview Terrace
neighborhood was discussed at the 2:00 p.m., session of Council at
which time the matter was referred to the City Manager to facilitate a
meeting with officials of Habitat for Humanity and the Westview Terrace
community to address neighborhood concerns. He explained that it
has been stated that legally the City of Roanoke may not be able to
intervene on behalf of the neighborhood, and advised that following
considerable discussion, Council referred the matter to the City
Manager and the City Attorney for report to Council at its meeting on
Monday, August 3, to determine the City's legal involvement, if any; to
facilitate discussions between representatives of Habitat for Humanity
and Westview Terrace residents; and that Habitat for Humanity be
requested to stop construction on the site during the interim time
period. He further explained that since the 2:00 p.m. Council session,
he has been advised by David Camper, Immediate Past President,
Habitat for Humanity in the Roanoke Valley, that a majority of the Board
of Directors of Habitat for Humanity has agreed to stop construction on
the site pending further discussions between Habitat and Westview
Terrace neighborhood representatives.
34
The Mayor then inquired if there were persons present who
would like to address Council in regard to the matter at which time no
citizen expressed a desire to be heard. Therefore, the Mayor advised
that the matter will be addressed at the August 3, 1998 meeting of
Council, which meeting will begin at 2:00 p.m., in the City Council
Chamber.
HEARING OF CITIZENS:
ZONING: Mr. Richard Nichols, representing the Southeast Action
Forum, appeared before Council and read a prepared statement with
regard to concerns of the Southeast Action Forum in connection with
revitalization of the southeast neighborhood and the role of The Rescue
Mission in the community. He advised that The Rescue Mission serves
a vital need in the Roanoke community and it is recognized that
Roanoke would be worse off without the programs of The Rescue
Mission to help homeless people and families, but unfortunately, The
Rescue Mission and other facilities like it tend to have negative effects
on surrounding neighborhoods and downtown, therefore, before
Council allows the expansion of The Rescue Mission, southeast
residents request that certain concerns be addressed.
Mr. Nichols stated that a major community concern relates to the
behavior of some Rescue Mission clients, specifically with regard to
loitering, public drunkenness, panhandling, destruction of property,
disorderly conduct, fires in the neighborhood as a result of vagrants
breaking in to unoccupied houses, which environment makes the
southwest neighborhood and the nearby downtown area attractive to
other crimes such as prostitution, drug dealing, robbery and assaults.
He added that numerous businesses have left the southeast area
complaining of loss of clientele due to vagrants frequenting the area.
He requested that Council make an informed decision on expansion
plans of The Rescue Mission that will be in the best interest of the
southeast community, the downtown area and the City of Roanoke as
a whole.
(See communication on file in the City Clerk's Office.)
Ms. Heather Froeschl, 1602 Kenwood Boulevard, S. E., advised
that the Southeast Action Forum does not represent all residents of
southeast Roanoke. She stated that she and her husband founded the
Southeast Neighborhood Watch approximately one year ago, the
35
organization is composed of over 60 residents, and not all members
agree that The Rescue Mission provides a negative impact on the
community.
A communication from Mary Ellen Goodlatte, Attorney,
representing The Rescue Mission, advising that even though the formal
rezoning process has not yet begun, The Rescue Mission has held
meetings with its neighbors, including the Southeast Action Forum and
City Planners, and during this time, the Mission has received
considerable input and made changes to its expansion concept to
address neighborhood concerns. She stated that The Rescue Mission
has and will continue to work with City Planning staff and will not file
a rezoning request in August, however, it will continue to meet with City
Planners and with residents of the area to refine the proposal and to
address neighborhood concerns.
(For full text, see communication on file in the City Clerk's Office.)
Ms. Pat Toney, 2222 Russell Avenue, S. W., presented
photographs of the area proposed for expansion by The Rescue
Mission. She advised that she appeared before Council in support of
the position of the Southeast Action Forum because neighborhood
associations should support each other in their efforts to make
Roanoke a better place to live and work.
Mr. Joseph B. Woolwine, 1448 Greenbrier Avenue, S. E., called
attention to the community service of The Rescue Mission and advised
that expansion plans should be approved. He stated that houses in the
vicinity of The Rescue Mission should be renovated, and problems in
the southeast community are not related to operation of The Rescue
Mission.
Mr. John Mcgonical, 706 Montrose Avenue, S. E., advised that the
Southeast Action Forum is divided on the matter and spoke in support
of a referendum to allow citizens to cast their vote on the issue. He
stated that he supports the work of The Rescue Mission, however,
terms and conditions of the proposed expansion should be agreed to
in writing by Rescue Mission representatives, residents and property
owners of southeast Roanoke, which plans should be in the best
interest of those persons who need the services provided by The
Rescue Mission and southeast Roanoke residents as well.
36
ACTION:
The Mayor encouraged representatives of The Rescue Mission
and the southeast neighborhood to continue their efforts to resolve
questions and concerns.
PUBLIC HEARINGS:
ELECTIONS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 20, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the Roanoke
City Electoral Board to relocate the polling place for Lee-Hi Precinct
from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle
Road, S. W., the matter was before the body.
(For full text, see report on file in the City Clerk's Office.)
Legal advertisement of the public hearing was published in
The Roanoke Times. on Monday, July 6, 1998 and Monday, July 13,
1998, and in The Roanoke Tribune on Thursday, July 9, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33948-072098) AN ORDINANCE amending and reordaining §10-
78, Same - votinq place., Code of the City of Roanoke (1979), as
amended, to relocate the polling place for the Lee-Hi Precinct from Fire
Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road,
S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 75.)
Mr. Trout moved the adoption of Ordinance No. 33948-072098.
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 33948-072098 was adopted by the following vote:
37
AYES: Council Membem Hudson, Swain, Trout, White, Wyatt and
Mayor Bowem ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
OTHER HEARING OF CITIZENS: None.
There being no further business, the Mayor declared the meeting adjourned
at 7:35 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
38
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
October 7, 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,
David A. Bowers
Mayor
DAB:se
CITY OF ROANOKE,
OFFICE OF CITY ATTORNE'¢' IT ¥
464 MUNICIPAL BUILDING
215 CuURC}~ AVENUe, SW '98 ~F? 30
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
WlLBU~ C. DIBLING, JR. FACSIMILE: 540-853-1221
E.MAIL:cityatty ~ ci.roanoke.va.us
CITY A~ORN EY
,q~LIAM X PARSONS
sT~v~.N J. TAL~V~
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATFORNEYS
October 7, 1998
Thc Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Council Members:
This is to request an Executive Session pursuant to §2.1-344.A.7., Code of Virginia
(1950), as amended, to discuss a matter of actual litigation, specifically a matter pending in
the Circuit Court Court for the City of Roanoke.
With kindest personal regards, I am
Sincerely yours,
City Attorney
WCD:f
cc: W. Robert Herbert, City Manager
Deborah J. Moses, Assistant to the City Manager
Mary F. Parker, City Clerk
WILBURN C. DIBLING, JR.
CITY ATI~ORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
E-MAIL:cityatty@ci.roanoke. va.us
'98
O q'i-1 \1t :43
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATTORNEYS
September 29, 1998
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Members of Council:
This letter is to request that Council convene in Executive Session for the purpose of
discussing and considering a matter of actual litigation, specifically litigation related to health
insurance claims, pursuant to §2.1-344.A. 7., Code of Virginia (1950), as amended.
WCD/lsc
cc: W. Robert Herbert, City Manager
Kenneth S. Cronin, Manager, Personnel
Mary F. Parker, City Clerk
Sincerely yours.
City Attorney
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
September 28, 1998
The Honorable Vice-Mayor
and Members of Roanoke
City Council
Roanoke, Virginia
Re: Interstate 73
Dear Vice-Mayor Harris and Members of Council:
I believe if there is one thing everybody could agree on with
regards to proposed Interstate 73, it is that it will have a
tremendous impact wherever it goes, and could very well be the
biggest economic development issue for our region in twenty years.
We have but to look at cities such as Greensboro, Richmond and
Knoxville to know that the intersection of two interstate highways
creates huge economic benefits.
I have observed, as you have, increased opposition in the Botetourt
County and Bedford County areas to the development of Interstate 73
to the east of Roanoke, and, more recently, the opposition of Salem
residents and Southwest Roanoke County residents to the proposed
route on the western side of the City. It disturbs me that
Congressional leaders and civic leaders who sought to bring this
road to our region are now shirking their responsibility in working
with citizens in siting Interstate 73. If Interstate 73 goes
through Botetourt/Bedford, or in the west County area, those Whose
homes and farms and neighborhoods are changed forever will want to
know who was responsible, and why decisions were made.
Roanoke is a big City, and it may very well be that the focus is
more and more on locating 1-73 through Roanoke. If the road is
coming through Roanoke, Roanoke must be ready for the road.
The routing of Interstate 73 outside of Roanoke may have a very
negative impact on our City as we may be forever bypassed by the
new development that could come with the Interstate. At the same
time, I am very mindful of the positive and negative impact that
the road could have for Roanoke, or wherever it is located.
The citizens of the City of Roanoke should be involved in this
process. As Mayor, I think we have always been successful when we
have attempted to take a prudent and cautious approach to new ideas
and new projects, and that we seek to be proactive in preparing for
new ideas and projects. Whether we might be dealing with the
Interstate 73 down the 1-581 corridor, or a spur from Roanoke to
the new 1-73, or some other alternative, I do not want to shirk my
The Honorable Vice-Mayor
and Members of Roanoke
City Council
Page 2
September 28, 1998
responsibility to work with Roanokers in expressing their views,
and proactively setting forth the City's position. In this
process, I welcome the views of Roanoke citizens, and the views of
citizens from throughout the region.
Accordingly, I ask City Council to instruct our City Manager to
develop a proactive approach. We have been advised earlier in the
summer that a decision by the Council on whether to support a
routing of the road might not come until next year. However, I
think we have an obligation to Roanoke's citizens to make sure that
their views are involved in the process, and that we have our own
information and statistics to support our position.
My request, specifically, is as follows:
That the City Manager engage a consultant to assess the
economic impact of the routing of Interstate 73. Althouqh I
know that VDOT will develop its own considerations as to where
the road is located, I am not sure that that study by VDOT
would include negative economic concerns for areas where the
road may not be located. Residential and business interests
of the City have a role to play in this process. We certainly
do not want to have businesses or residents relocating outside
of our very vibrant City.
We need to have public hearings between now and the time that
the decision is to be made by Roanoke City Council as to our
thinking about the routing of the road. We always do best
when we collaborate with our citizens on the progress of our
City, and this is merely another effort to do just that. This
will be participatory democracy in action.
Roanoke is a great City, and we must continue to make the decisions
that assure that our City will thrive in the future, and not become
a declining center City like other cities throughout the nation.
This is a very significant decision for our City in this time, and
I am merely asking that we take the necessary steps to develop our
own evidence, our own information, and our own detailed analysis,
and then involve our citizens in the public process, in order that
the right decision can be made of benefit to Roanoke and the entire
region.
I am mindful that this study and process is of benefit to our City,
and I believe it should be a public/private process as it goes
forward between now and the time Council must make a decision.
The Honorable Vice-Mayor
and Members of Roanoke
City Council
Page 3
September 28, 1998
I would respectfully request that this matter be placed on the
Consent Agenda for our Council meeting on October 7, 1998, at
2:00 p.m., and thereafter be referred to the City Manager for
review and report back to Council.
Sincerely,
David A. Bowers
Mayor
DAB:jms
Mary F. Parker, CMCIAAE
city Ck~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File #77-405
I am attaching copy of a communication from Mayor David A. Bowers recommending that
the City Manager engage a consultant to assess the economic impact of the reuting of
Interstate 73, which communication was before the Council of the City of Roanoke at a
regular meeting which was held on Wednesday, October 7, 1998.
I am also attaching copy of documents filed by Dr. A. N. Feldzamen in connection with the
routing of 1-73 which were presented to the Council on Wednesday, October 7.
On motion, duly seconded and unanimously adopted, the matter was referred to you for
review and report to Council.
MFP:Io
Attachment
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Dr: A. N. Feldzamen, 1230 Archway Road, Blue Ridge, Virginia 24064-2014
William F. Clark, Director, Public Works
Sandra H. Eakin
Deputy C~y Clerk
C:~OCT'LWI=O
09/29/98
TUE 10:13 FAX 540 344 7073
CRANWELL & MOORE
[~001
TO:
City Clerk, city of '~a~9 ~!0:21
FROM:
Dr. A. N. Feldzamen
1230 Archway Road, Blue RidGe, VA 24064-2014
540-')77-2221, Fax 540-977-1444
E-Mail: bpill@rbnet.com
SUBJ:
Request to Speak at City Council Meeting Oct 7
on routing of 1-73
This is a request to speak for five (5) minutes at the afternoon
session of the Roanoke City Council on October 7, 1998 on the
topic above.
Thank you for your consideration
A. N. Feldzamen
SEP-29-1998 10:25 540 344 7073 P; 01
SEC. 332. HIGH PRIORITY CORRIDORS.
(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS-
(1) IN GENERAL- Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032) is amended--
(A) by inserting before the period at the end of paragraph (3) the following:
· commencing on the Atlantic Coast in the Hampton Roads area going westward
across Virginia to the vicinity of Lynchburg, Virginia~ cc, etinuing west to serve
Roanoke and then to a West Virginia corridor centered around Beckley to
Welch as part of the Coalfields Expressway described in section 1069(v), then
to Williamson sharing a common corridor with the 1-73/74 Corridor (referred to
in item 12 of the table contained in subsection (0), then to a Kentucky Corridor
centered on the cities of Pikeville, Jenkins, Hazard, London, Somerset,
Columbia, Bowling Green, Hopkinsville, Benton, and Paducah, into Illinois, and
into Missouri and exiting western Missouri and moving westward across
sohthern Kansas';
(B) by Striking paragraph (5) and inserting the following:
· (5)(A) 1-73/74 North-South Corridor from Charleston, South Carolina, through
Winston-Salem, North Carolina, to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at
Detroit, Michigan and Sault Ste. Marie, Michigan. The Sault Ste. Marie terminus shall
be reached via a corridor connecting Adrian, Jackson, Lansing. Mount Pleasant, and
Grayling, Michigan.
(B)(i) In the Commonwealth of Virginia, the Corridor shall generally follow--
· (I) United States Route 220 from the Virginia-North Carolina border to 1-581
south of Roanoke: .,~
'(II) 1-581 to 1-81 in the vicinity of Roanoke;
.' (IIL~ 1-81 to the proposed highway to demonstrate intelligent transportation
systems authorized by item 29 of the table in section 1107(b) in the vicinity of
Christiansburg to United States Route 460 in the vicinity of Blacksburg; and
· (IV) United States Route 460 to the West Virginia State line.
'7
~,".....: · west virginia / / . . .] ¢ .:,,/
.... ... '
~'~ ?:' ~; Soume: Thompson + U~on, October 1997.
' · FIGURE t.3.1
1-73 Lbcation Study - CONGRESSIONALLY DESIGNATED CORRIDOR
V D O T Map of Three Proposed routes for 1-73
Route 2
(follows 581 )
Route 3
Route I
Boone$ ~
MoufLOn
I.~ke
R~.~,~..~dm C~nty North Ctrollna
TH E ROANOKE TIMES
tho
~e
Harmful to both city and country.side
Don't route:.I'73 by the lake
tel, restaurant and other tourist business- . .and down mountains does burn more ex-
POLLUTED? Or not polluted? It's
not the water in Smith Mountain Lake,
but perhaps it is the process that the Vir.
ginia Department of Transportation is us-
ing to push the fdrthcoming federal In.
terstate 73 toward that lake -- so that al-'
fluent developers at that lake can benefit,
even if it costs the taxpayers an addition-
al $100 million and hurts metropolitan
Roanoke.
1.73 is to be a m~or four- to eight.
lane national highway, running from the
Carolina coast to Detroit. It is to enter
Virginia in the Martinsville-Greensboro'
· area, run up north and west, and leave
Virginia northwest of Blacksburg near
[he small town of'Glen Lyn. To help busi-
ness and industry h~re, Congressman
Robert Goodiatte arranged for the rout-
ing to g6 up to the Roanoke area before'
joining 1-81 and heading for Blacksburg.
Now, alternative routes for 1-73 are being
considered.
VDOT has already given out a $6 '
million contract to a consultant and held
a series of public meetings -- some with
very little actual notice to the public a~d
very poor attendance -- to consider
these alternative routes. VDOT now
claims to have narrowed the Roanoke ar-
ea part of 1-73 down to three possibili-
ties. All proposed routes Join with 1-81
from the south and then go southwest.
· Route No. 1 would leave U.S. 220
south of Roanoke and swing northwest,
skirting Salem and joining 1-81 ne&r Dix-
ie Caverns, about 11 miles southwest
from the 1-581 junction with 1-81.
· Route No. 2 would go straight
north, joining and merglng with 1-581
and then entering 1-81.
· Route No. 3 would head east, pass
near Smith Mountain Lake through 'Bed-
ford and Botetourt counties, to a new in.
terchange on 1-81, about ~ miles nortl).
east of interchange 150. Travelers on 1-
73 taking this route to the Midwest '
would then head back southwest.
Which road should be bullt?.The ·
Roanoke County Board of Superv.isors
went on record favor, ing Route No. 2 be-
cause it would serve the metropolitan ar- very, Very expens. Iv.e!) And it'would' cost.':
ea best. It is the clear favorite qf our ho- ... 'l;ruckers. mo!:e to travel because going up
es and marly otb.er businesses in Roanoke.
and Salem. It would help employment.
and indus[fy more than any other rout-
ing. Roanoke city officials also agree that
Route No. 2 is'best.
Route. No. 3 would go through Bed-
ford County near Bore Auger Road, go '
down (actually through) Blue Rfdge ..
(Bore Auge0 Mountain, then to Webster
Road, and then along Mountain Pass
Road to re~ch 1-81. The Blue Ridge
Mountain has a g~7.ad.e of about 16 de.
grees -- 5 degrees is the maximum for a
federal interstate -- so large pa~.rts of this.
mountain would have to be blasted away
to flatten it if 1-73 is to follow Rot/to No.
AlSo0 this route would bring nol$. e, air
pollution and traffic, and destroy rural ar-
eas. It would go over or alongside many-
generational homeplaces and farms, and
would cause needless environmental
damage th. at would affect the entire area.
Hundreds -would lose their homes' and
land, as would the respected .Colonial
Baptist Church on Mountain Pass Road.
· These are some of the reasons that the
Botetourt County Bo.a.rd of Supervisors
voted un .a.,3imously against Route No. 3.
Also, Rout~ No. 3 would be the far-
thest from'the cities of Roanoke and Sa:
leto and t~e very busl/xesses ~at the. de-"
tour of 1-73 was supposed to help! Vlsi. '.
tots or truckers from the Midwest going
south would, never take a long detour
around Ro~inoke -- they would swing .
down 1-77. Wouldn't you? And. to go to
Roanoke, theft woul. d use 1-581. Wouldn't
you? An~t buslnesses.in Roanoke or Sa- ·
leto woul~l never send trucks going sodth
on a long swing up I-S1, and then
through Botetou~t and Bedford countiesl
They'd use 1-581, too, and link to U.S.
· 220. So would you if you were driving '
down. in the Martinsville direction from
Roanoke or Saie'm:
Route No. 3 ~ould also cost th~ most
to build because'it is the
longe, st and has to go up and down more
~mountal~,.May~ as much'as. $1'00 mil-.
lio~ more.'(Remember, thes~ roads'are'.
pensiye fuel. By contrast, 1-581 is fiat·
Roanoke c~ty officials and civic orga:
nizations, on the other hand, do want this
road to run down an enlarged 1-581. That
will bring Jobs and business to the city.
So why c.onslder Route No. 3 at all if
it'has all these, .seemingly fatal dlsadvan- '
rage's, and Route No. 2 is so much better
for most of us? Maybe because some
wealthy S. mltl~ Mountain Lake developers
want a. road for their own benefit, wheth-...:
er or not the taxpayers pay an'extra $10C[;
million for a road that will be useless to
'the g~nerai p.ublic. ..,
.The fact is, the f~deral law authoriz-.
lng this road states specifically that'"in
the Comrdonwealth of Virginia, the Corri-::
dot [for 1-73] shall generally follow...
United States. Route 220 from the
Virginla.North. Carolina border to 1-581 ..
south o.f Roanoke... [and then] 1.581 to
I-S1 in the vicinity of Roanoke..."
But VDOT claims that there is no
mandate'for t~e.road to join 1-581, as
much as the Roanoke County and city of,i
ficials want that, because of the vague.
ness'of the words "generally" and "vicini.
ty," Others.kvill claim that building Route
No. 3 and ayolding the Roanoke area is.,
' an improper diversion, of federal funds.
WI?at sa~' does t.he public have with .:~
VD. OT? As re. rich as Mr. and Mrs. Money-
· bags developing Smith Mountain Lake? ..
That remains to be seen. Stay tu.q. ed as
this interesting', if somewhat sadj ~pecta-
· .cie. plays Itself out. We'll see where the
t.me Smith Mdunt~in Lake po~lutioh is.
And think ab.out tl~ extra, needless
· e. xp. ense, when you get your next tax bill
· -- federal, state Or c. ounty. We are all
lng to have to' pay for this road wherever
it goes. Shouldn't it cost as little as possi.
ble, .consistent with &he most useful and
· beneficial road for all of. us?_
-You can call VDOT at 3~7-5320 to
give your opinion, and call, fax or e-mail
your state senator, delegate, congress-
man and federal senators. Give your
·optnion. It's your. money VDOT will
spend.. Shouldn'~ it be for you? '
Page 41~. . . The Bedford Btilletifi'; Bedford, .ga.;'.Atigust 5,'1'998,;
EDITORIALS' ·
Keep 1-73 Out' of' Bedford
We heartily:.agree with the 'money earmarke~i f0r'thi§ inteista'te
Bedford County Supervisbrs' unan- couldn:t have been better spent'
imous decision to oppose, the pro- re'pairing and upgrading roads'we
posed, ro.ulte three for 1-73. This '
route Would serial, thc ne~v interstate
on an eastward 'loop through the
wcstcr, n Part of Bedford Cdunty'
before resuming its journey to
North· Care. line, cutting a broad
swath of destruction through farms,
· .forest and homes in the process·
Neither' thc county nor the City
of Bedford have much to gain from
this asphalt eyesore. It probably
wouldn't bring that much business
activity to thc county and would
slash through parts of the county
that the new zoning ordinance.,pro-
poses to leave as agricultural areas.'
And it. passes too far West of the
already have...
But if.a new interstate highway
is goin~ to be I~uilt; it really, ought ·
to be built where the people want it.
That would b.e proposed'route two. '..'
Route two-would follow 1-581
and U.. S. 220 on a fairly direct
route (no inexplicable eastward or
westward detours), from 1-81 to the
North Carolina border th'rough.
Ro'anol~e County' and the Ciiy of
Roanoke: This is good because
Roanoke County's supervisors and
the City of Roanoke's mayor.and.
city council have all gone on record
favoring this. route. They believe it
will egOtiomically benefit their
city to bring many additional visi' localities, and.theyl aie probably ..
· tots to the D-Day Memorial. right....Besides, an .interstate :h'igh-
· , Fratikly,. we aren't sure an 1-73'....way c. oa..n.ection running south' frqm
· '.isn't more~than a.waste of taxpay-..~R. 0anOk~i'would be ·better suited, t',o..
'~. erst: mo.ne~: 'Theie' are a number of ' :'carrying truck t.raffic than .U.S.
'exigting'roads in'the'area that need. 220. This highway's curves, and
improvements,'"as well as 'some · hills, la. long:with its'high vo.lU~.e of
' really ri[kety bridges (check out the.' .: truck tr. affic-have. too frequently
gems that carry.Morgan's Mil!-'ip. roven.tobe afatalcombination..
Road, iff Goodview, or Va. 663 and. '" F0116wEng'this~oute would make, '.'...
Va. 668, in Goode, across the.: ;' a'..19! more sense.boring it'thiough
Norfolk & Western tracks) that'( ~Botetourt and Bedford Counties'
. ought to be replaced..We, are sure. where, both .local goy,emments.have'-
southwestern Virginia isn't th~ only.', ad6pted resolutions asking' VDOT '
place where you will ~ncounte/:" to take their inte.~tate'somewhere.. ·
such needsiand we wonder,if the else.".. ' :"'.'
.. ,, ::".:-~.: .... )..,~-" . . . ~.:: ....
-l-
Local news on line.
For on-line news of the Roanoke
and Western Virginia, turn your ~
browser to www, roa'noke,com
Re.~idents of both
counties have turned oUt
by the hundreds to
oppose the highway.
By JOANN£ POIHDm£R
The boards of supervisors
in Botetourt and Bedford coun-
ties are still trying to block a
proposed route for'Interstate
73.
Both boards are asking the
Obituaries .... , ............. , .........
Sports ' .
Botetoizrt, Bedford counties.seek to survey ' ol2.osed routes
! 73 .study .. Cha-I.le'nge d.
VirgLnia Department of Trans-
portation and its consultants to
siop Heir study of an'I-73 route
through their counties. The
· boards are expected to pass
resolutions unanimously later
this month. Botetourt will vote
next Tuesday, Bedford on Aug.
24.
A 'VDOT official said the
resolutions would have little, ff
any, impact.
'Input of a locality to .the
St.udY P~oces~.is .a ~:ritical part, businesses :.th'ah an0th~e'~;,..br :'
' lJut'not t!a.e Only part,' said Rob affect more .we..tlan. ds'~r hist&-ic:
cai:y, "Salem District lo'~ation
and design engineer for VDOT.
It's tmlikely, he said, that
the .study would be stopped,
b..ecause consultants don't
know yet whether one of the
three proposed, routes wo~ld
h.a. ve mor~ enVir6nmental and
~conomic.imp.aCt 'than the oth-
ers. It's not known,, for exam-
Ple, wh~ther one to.ute would
tmke.more homes, , churches or
sites. ' ':'.. · :·.:..'?:.'
The .p .m~po~e of the study
proce, ss, Cary said, is to gather
information and jt/dge :'~ach
altemati/~e against the 0them..
At this poLut, he said,' '~OT
doesn't have. ~nough Informix-"
tion. to rule out a route. · :-:
The eastern corri~lOr':
thro'~h..B6t~'tou~.and 'B~dfOrd:
.counties is one pf three I/DOT is
PLEASE SEE 1-73/C3'
,M Cl
,73
lying to connect to 1-73 in
nldin County.
Residents of Bedford and
etourt have been mor~ vocal in
ir opposition than residents
.ag the other two corridors,
ich would pass through
moke or through Salem and
~thwest Roanoke County,
Botetourt and Bedford County
idents have turned out ~y the
~dreds to sho.w opposition at
meetings, arguing against 1-73
coming through their countryside.
The two boar~ passed reso-
lutions oppos~g the routes after
residents said they didn't want it.
The latest proposed resolutions go
a step further, asking that even the
study be halted.
The proposed road' would
destroy a' large part of Botetourt
County, and claims that the inter-
state would enhance Botetourt's
economy are bogus, said County
Administrator Gerald Burgess.
The study "is disrupting a lot
of people's li~es for no good rea-
son;: he said. "People: are emo-
tional about this."
Even if a study were to show
little loss of homes, churches,
schools or business, it would not
change the minds of Botetourt
residents, Burgess said. He said
he ~sked the supervisors to urge a
h'alt to the study becatae of resi-
dents' opposition.
'We feel a better use'of publi.c.
funds would be to study routes
where there is s~me support,' he
said.
Burgess said h]~ office and..th'e
supervisors have had manY-',e.alis
opp6sing' the route, but noi a.'~in-
gle call supporting it.
Bedford County Supervisor
Dale Wheeler, who has been Ada-
mant against the route, sai~ .h,.e.
didn't know what good the resolu-.
tion could do, but.'at this .p'0. iil~-
.and time, ahything you do
in the right .direction." -.:,:..
Stqff urriter $.D. ~Iar:ring'ton
contributed to this story. '"v:..;
Joanna P01ndexter can ba
at 981.-.3232 or Joannep@roanoke.¢9.m..
· · ..... zens oime two courities.l~v~ ~files"'
"Ttley (vDoT) c~n studl, all tlie,
want, but there'll nSver
of dirt tumedih'Bbt~toUrt0i:B.~e~,:ord state o. fficials, 'Spread' 1,'~eLqeB.:.an~i"--
Pumey. and St;'te 'Sen :M~Ifodrd ' ?gainst:m, prb. p6~Ur ihe..~'
Bo TrumbO,.all of whom re ' ' nas announced {t I1 continue' to":
.sent a.porUonol' Sotetoun. County,
nave taken strong St. ands ~a~t the IOllOW~.g a series Of U..b. li~:,~eet-
~ecuora aha/sO~etom-t. · .... · · . ~uoq~ tmmc..ltmak.e.~..kfi'y,~6ns~'~
duced by the' Virginia.Depar.t~...~n~' ,.......
-added. a~6/hll~'.i,-_~:.,.-- . ~, ~gl~w.ay. arout~d Roanoke was
· <C..,r ....... '.' ~u~om, ~a 's' U~h ~ ' , .'
. · · ,: ,.~...~,:. ;~ .......... ~. , q edbyCr~wells o '
' ..Be~ord.d n t-hay., ....
~., s, m.~g~[em~o~o[~ ~na~.'~r~rtafion Co~t~,.
county is ~O~l~e a W~d ~[~ ~![e~~T Sh0h~d ~. abl
R0mok~ Cit" '~"' ' ..... :'-' ............. ., .. e to
~..... , . . [~ ;..rare c~ty, g,~cb~pl~Ee ~.S[u8 ~ss '
auamo~u ~ · '- ' ...... .~- ~· ,.. ,,.. .~ YP reorder
:,.. .... ~ ; :,.-.-?~. ~,,~,.~~m~eno~etoua~dSalemrout .
~'~..-: ...... : ...... ~Pg.~$.~:~y · ~I havq ~en w~g for V~T
, tet?~[ ~d B~ord Cou -
a~,~me md .~ ..................... Y' .g ~ny
,..:{ ............ ,Y~ ,..,, 00nts.eew ere s~ow ~ ....
~es s ....... · · - e
studying. '~s' ~B~t~''''~'~:- ~'~' ' ~o ~e h~ contacted me m favor of
....... ~ ..... ~.7~r:':.* ~5~:~03g~y "~.O~gjq~t rogte. Nor have I re-
up,sea to a route mat would roi- ceived ~'call in f~q6r 0f ~e S~em
low'~e map 'of,,B0~etourt' ~d: route Yet, no oae made a v
"} Be~ord Co~fi~.q . · · . d erse
' '-.. ,: .cr~weu-.g~ca[~. ~at p~plo .'e on ~-581, ~d m~v were m fay d
· ~ Behold ~dl '4' '" ~' --~: '~. .n. ...... ' -. ' orof
~,.,~_.,._ . .. ~otet?n. Co~aes
'.' [X?~{¢gj)gojmg:J'~ough[Io.~](~ ex~;x~[~ ~o~at. would
i~er~f~ui :~hi~' ,; ~; ~:~ .,;.:'.'_, a:. ~ ,.~5,~'.wlul HlO ~c-
· - "-..-..- - a.. r~,n*~i~a~ ~UU~ · ~ ' ......
:.. were ~ou ~:~ ~, t,,~2; ,,~X~ [' ~ ~:~e Botet~m or S ~em mute
St~h~g'a';~7~.~:~,~.~Y"-.%~,.',~...u~.3:*J~m'~ greater-~ '~e cost
xerena~l ~gh~a~):T~.i~.~W~c'-,* .... ?, . :- ' - '. ,: -
u~le ",.,~' .-" ':. ' ' · .....
P .. ~':'.-; ;d~,,)'~ - -,......;.".-'11'
-.- ~ .... *. '.:;.*~ ~'%b ...
~., .prg~s~ a coupleof~e~s ago
.,,o s~dy.a ~,Sl~l~:c~{U~e~nfi~ .~-. .
08/24/98
15:19 '~'804 295 0459 DBD
OO3
Virginia Leadership Summit
Program Description
Panelists: George Allen, Richard Cranwell, Virgil Goode, and $olm Warner
Moderator:. Larry Sabato
Date: September 11th, 1998
Reception Time and Place: 6:00 pm - 7:15 pm; Garden IX on the Lawn (UVa)
Forum Time and Place: 7:30 pm - 9:00 pm; Old Cabell Hall Auditorium (U~a)
Description:
Horizon Institute for Policy Solutions and the University of Virginia's Center for
Governmental Studies are co-hosting the InauguraI Virginia Leadership Summit.
The m/ss/on ofthe Virginia Leadership Summit is to foster a dialogue between the
leaders of Virginia that engages the participants and citizens in a candid and solution-oriented
discussion concerning Ytrginia's future leadership challenges.
Following the reception in,arden IX (6:00pm-7:lSpm). panelists and audience members
will make their way to Old Cabell Hall Auditorium. The Summ|£ will ~ for ~0 minutes, l~om
7:30-9:00 pm with two phases of questioning (Phase ! -- lh'epared Questions. Phase II -
Questions from the audience) between introductory and closkig remarks. Each panelist will be
given the opportunity to respond to each of the questions.
Time will be allowed for panelists to interact and even question one another - although
the evening w/Il certainly carry a dignified air, we hope that the dialogue can be open and candid.
Mlnute-b~-Minute Scripting:
7:30-7:32
7:33-7:34
7:34-7:59
8:00-8:01
8:02-8:17
8:18-8:19
8:20-8:35
8:36-8:37
8:38-8:5~
.8:55-9:00
Welcome and Introduction by Langdon Greenhalgh
lh'esentation of Question #1 Coy Larry Sabato)
Answers to Question #I
Presentation of Question #2
Answers to Question//2
Present.on of Question #3
Answers to Question #3
Op~ questioning fi'om the audience begins
Open questioning and answers (approxin~t¢ly 2 questions)
Closfng Remarks
.;.. 08/24/98 15:20 r'~804 295 0459 DBD ~004~
Virginia Leadership Summit Questions
Tho mission of thc Virginia Leadership Summit is to foster a dialoguc betWeen thc leaders of
Virginia that engages the participants-and citizens in a candid and solution-oriented discussion
concerning Virginia's future leadership challenges.
With this end goal in mind thc following questions could bc asked of our panelists:
1) Do you believe that a Virginia Governor should be allowed to scrvc two consecutive terms if
thc voters wish to m-.~l~£ him?
2) What economic and social changes will have the greatest ;mpa~t on Virginia as it enters the
new mfllcnium?
3) Could each of you please predict the results of the mid-term elections of 1998, the 1999
General Assembly elections, tho 2000 Senatorial and Presidential election, and the 2001 election
for Oowmor?
4) The population and tax base is declining each year in five of Virginia's six major cities.
What steps should be taken to address this problem?
5) D° you believe that some form of campaign finance reform is necessary in Virginia?
6) Many people would argue that simply building more roads and relying solely on the
automobile for the vast majority of our transportation needs will not be suffioient in the new
millenium. What recommendations could you make to address the future of transportation in
Virginia9
JOHN WARNER
VIRGINIA
· COMMIT'FEES:
ARMED SERVICES
ENVIRONMENT AND PUBLIC WORKS
RULES AND ADMINISTRATION
LABOR AND HUMAN RESOURCES
SMALL BUSINESS
AGING
September 4, 1998
225 RUSSELL SENATE OFFICE BUILDING
WASHINGTON, DC 20510-4601
12021 224-2023
CONSTITUENT SERVICE OFFICES:
4900 WORLD TRADE CENTER MAIN STREET CENTRE II
101 WEST MAIN STREET 600 EAST MAIN STREET
NORFOLK, VA 23510-1690 RICHMOND, VA 23219-3538
(757) 441-3079 (804) 771-2579
235 FEDERAL BUILDING 1003 FIRST UNION BANK BUILDING
P.O. BOX 887 213 SOUTH JEFFERSON STREET
ABINGDON, VA 24212-0887 ROANOKE, VA 24011-1714
(540) 628-8158 (540) 857-2676,
Dr. A. N. Feldzamen
1230 Archway Road
Blue Ridge, Virginia 24064
Dear Dr. Feldzamen:
Thank you for your recent letter concerning the Virginia Department of Transportation's proposed
alignments for Interstate 73 in the Roanoke area.
As you know, I have strongly supported the Interstate 73 designation in Virginia and authored the
provision in the National Highway System Designation Act to require that the route overlap the existing I-
81, 1-581 and Route 220 corridors. That alignment was endorsed by the Commonwealth Transportation
Board prior to the federal legislation. I continue to support that routing of 1-73 as proposed in the National
Highway System Designation Act.
While I understand your concerns with the proposed alignments that differ from using I-81 and 1-
581, precise alignment of the road now rests with the Commonwealth of Virginia and, particularly, the
Virginia Department of Transportation.
I encourage you to also make your views known to your representative on the Commonwealth
Transportation Board, Governor Gilmore, Secretary Ybarra, and your representatives in the Virginia
General Assembly through the public hearing process and other means.
Again, thank you for giving me the benefit Of your views on this matter.
With kind regards, I am
Sincerely,
John Warner
JW/j fg
PRINTED ON RECYCLED PAPER
JOHN S. EDWARDS
21 ST SENATORIAL DISTRICT
CiTY OF ROANOKE
PART OF ROANOKE COUNTY
POST OFFICE BOX !
ROANOKE, VIRGINIa 24006- I 179
ROANOKE ~540) 985-862~
RICHMOND {804) 698-752 I
COMMONWEALTH OF
SENATE
VIRGINIA
COMMITTEE ASSIGNMENTS:
COMMERCE AND LABOR
COURTS OF JUSTICE
EDUCATION AND HEALTH
September 14, 1998
Dr. A. H. Feldzamen
1230 Archway Road
Blue Ridge, VA 24064
RE: 1-73 Routing
Dear Alvin:
Thank you for your inquiry concerning the routing of 1-73. A number of citizens have
voiced their opposition to the routing of 1-73 either in the western corridor through Salem and
southwestern Roanoke County or the eastern corridor through Bedford and Botetourt.
I have long supported routing 1-73 through 1-581, in the center of the Roanoke Valley,
rather than through either a western or eastern corridor.
Frankly, I do not see the logic of routing 1-73 through an eastern or western corridor
around Roanoke. The reason for 1-73 being routed through the Roanoke Valley is for
economic benefits, and routing it around the city would encourage travelers merely to drive
around rather than to stop, shop and sightsee in the Roanoke Valley.
I am also concerned about the negative environmental and land use effects if 1-73 were
routed either through a western or an eastern corridor around Roanoke. We value our natural
environment and scenic beauty and should conserve our countryside and protect our view shed
to the greatest extent possible.
I have spoken with Fred Altizer, director of the Virginia Department of Transportation,
Salem District, regarding the study being conducted of 1-73. I am advised that VDOT's
consideration of the western and eastern corridor routes is part of a federal requirement to
consider all reasonable routing alternatives. Doing the study, however, does not indicate any
· preference by VDOT. The study will not be completed until the spring of 1999 at which time
the Commonwealth Transportation Board will make the decision concerning the routing of 1-
73.
The final decision may be many months away, but it is not too soon to voice citizen
concerns regarding possible routing of this new interstate. I very much appreciate hearing
from you.
You can be assured that as State Senator I will do everything I can to see that 1-73 does
not adversely affect our environment and provides positive benefits to the economy and quality
of life in the Roanoke Valley.
Thanks again for voicing your views to me on this important issue.
Sincerely,
~wards
JSE: arb
0ct-07-98
Miscellaneous
O9:23A Gary and Barbara Duerk
10/7/98; Council, City Manager, City Attorney
Date: Wednesday, October 7, 1998
343-2791
?8 -7 A!O :10
P.O1
To~
Mayor Bowers and
Members of Roanoke City Council
Roanoke City Administration
FAX 853-1145
From: Barbara l~erk
FAX 343-2791
Re~
Council asenda requesting study
Economic Development Impact on the Roanoke Valley
1 - 73 will have a direct impact on the Roanoke Valley. VDOT will determine where it is
placed. Local governments can, and do, have a voice in that decision.
I was at city council when Mr. Herbert read a statemem from the Departmem of
Environmental Quality that said Roanoke did not have air pollution problems.
But ..... now they have said they are wrong in their statement. This summer the Roanoke
Valley recorded 13 times when air quality standards were above acceptable levels.
Roanoke ranks nationally 25th highest (worse) out of 239 for Nitrous Oxide pollution.
Businesses like to located in areas where the air quality meets standards because there are
less restrictions on emission standards. It cost the companies less to build facilities and
operate. The other side is IF the area is a non-atainment area, there is money that can be
used for alternative transportation and air quality improvement programs.
Citizens want clean air and clean water.
Businesses want clean air and clean water.
When you request an Economic Impact study of I -73, please ask the consultant to take
into consideration the impact of increased pollution on business relocation to the Roanoke
Valley and local business expansion.
Sincerely, /
Barbara Duerk
0CT-07-1998 10: ~ ~O 343 2791 P. 01
Mary F. Parker, CMC/AAE
Cay Cbrk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File #18-405
~andm H. Eakin
Deputy Cay Ck, rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the status of hiring a consultant to conduct a pay and benefits
study, was before the Council of the City of Roanoke at a regular meeting which was held
on Wednesday, October 7, 1998.
On motion, duly seconded and adopted, the report was received and filed.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc: Kenneth S. Cronin, Manager, Personnel
Office of the City Manager
October 7, 1998
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
RE: Pay and Benefits Study
Dear Mayor Bowers and Members of Council:
During budget study last May, City Council adopted "a motion to direct the City
Manager to hire a consultant to study the City's pay plan and benefits with the
understanding that the City Manager will advise Council as to the costs associated with
the study prior to engaging the services of a consultant."
Consistent with Council's request, an RFP was prepared to engage a consultant to
evaluate the competitiveness of our pay and benefits programs. We received six
proposals, all from reputable firms that have previous project experience in the public
sector. I designated an employee team whose assignment is to interview and recommend
the best qualified consUltant to me. The team, lead by Ken Cronin, Manager of Personnel
Management, include:
Employee
Department
Ann Allen
Bob Henderson
Susan Lower
Ron Ratcliffe
Anthony Wallace
Department of Finance
Social Services
Real Estate Valuation
Police Department
Fire Department
This team plans to conduct interviews within the next week and I anticipate their
recommendation shortly thereafter.
Funding for this study is included in the CMERP budget being presented in a
briefing today. City Council will be asked to appropriate funds for the consultant at the
meeting on October 19, 1998. It is anticipated that this evaluation will cost between
$50,000 and $75,000. The employee team will move quickly and I will engage the
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
The Honorable David A. Bowers, Mayor
and Members of City Council
October 7, 1998
Page 2
consultant to ensure sufficient time for the report to be considered in the Fiscal Year
1999-00 budget.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/w
cc: Mary F. Parker, City Clerk
Mary F. Parker, CMC/AAE
cay C~rk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File #18-60-184-405-429
8andra H. Eakin
Deputy c~ Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
James D. Grisso
Director of Finance
Roanoke, Virginia
Gentlemen:
Your report with regard to the actuarial summary of the City of Roanoke Pension Plan as
of June 30, 1998, and the estimated actuarial cost of enhancements, was before the
Council of the City of Roanoke at a regular meeting which was held on Wednesday,
October 7, 1998.
On motion, duly seconded and adopted, Council authorized the pension multiplier to be
increased from 2% to 2.1%, effective January 1, 1999.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport
5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148
John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 1020
Hollins Road, N. E., Roanoke, Virginia 24012
Robert E. Tonkinson, Jr., Chair, Board of Trustees, City of Roanoke Pension Plan,
1830 Belleville Road, S. W., Roanoke, Virginia 24015
W. Robert Herbert
James D. Grisso
October 12, 1998
Page 2
pc:
E. Douglas Chittum, Vice-Chair, Board of Trustees, City of Roanoke Pension Plan,
3403 Pitzer Road, S. E., Roanoke, Virginia 24014
Earnest C. Wilson, Member, Board of Trustees, City of Roanoke Pension Plan,
3124 Kirkland Drive, N. W., Roanoke, Virginia 24017
Randall J. Scott, Member, Board of Trustees, City of Roanoke Pension Plan, 1038
Persinger Road, S. W., Roanoke, Virginia 24015
William M. Dowd, Principal, Slabaugh, Morgan, White and Associates, 7204 Glen
Forest Drive, Suite 304, Richmond, Virginia 23226
Martha P. Franklin, Member, Board of Trustees, City of Roanoke Pension Plan
Richard L. Kelley, Superintendent for Operations, Roanoke City Public Schools
Wilburn C. Dibling, Jr., City Attorney
George C. Snead, Jr., Director, Public Safety
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
Jesse A. Hall, Deputy Director of Finance
Joyce L. Sparks, Retirement Administrator
Kenneth S. Cronin, Manager, Personnel
Angelita Y. Plemmer, Public Information Officer
Diane S. Akers, Budget Administrator, Office of Management and Budget
City o£Roanoke, Virgirn'a
October 7, 1998
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We received our annual actuarial report September 23, 1998 from Slabaugh, Morgan,
White & Associates. City Council requested cost information for pension benefit
enhancements based on the results of the June 30, 1998 Actuarial Valuation Report. The
report used the same actuarial assumptions that were used in previous years. The report
incorporates four Pension Plan legislative changes that City Council approved during the
year (July 1, 1997 through June 30, 1998).
A 2.1% retiree cost of living adjustment, effective July 1, 1998 for members
retired on or before July 1, 1997. This change increased the actuarial
liability by $1,573,400.
o
Provision for unreduced early retirement for members of the Employees'
Supplemental Retirement System (ESRS) who have attained age 50 with age
plus service equal to 80 (general employees) or who have attained age 45 with
age plus service equal to 70 (police officers and firefighters). This change
increased the actuarial liability by $12,484,134. Members of the Employees'
Retirement System (ERS) were allowed to transfer to ESRS during the period
from July 1, 1998 through August 31, 1998. This change will increase the
actuarial liability by $3,131,337.
Fireflghters were granted public safety credit for years employed in
emergency medical sex-vices on or after July 1, 1989, if continuously
employed. Insignificant impact on the actuarial liability.
Members of ESRS who transferred from ERS have an option to elect the most
favorable pension benefit if they retire with 42 or more years of service.
Insignificant impact on the actuarial liability.
Honorable Mayor and Members
of City Council
October 7, 1998
Page 2
Two additional employee benefit enhancements were included in the adopted fiscal year
1999 budget:
City Council adopted Resolution No. 33845-051898, adopted May 18, 1998, effective
July 1, 1998, which provides a $159 monthly supplement ($1,908 annually) to any
member of the City of Roanoke Pension Plan who is an employee of the City of Roanoke
(not including employees of the City of Roanoke School Board) and who, on or after July
1, 1998 retires with 20 or more years of creditable sex-vice. This supplement stops the
month the retiree attains age 65. This supplement is provided by operating funds and not
the Pension Trust Fund. Estimated annual cost for the first year of operation is
$250,000.
City Council adopted Resolution No. 33829-051198, May 11, 1998, effective July 1, 1998,
increasing a matching contribution from $5 to $10 per pay period to the International City
Management Association- Retirement Corporation (ICMA-RC) deferred compensation plan
for participating employees. Currently 70% of eligible City employees participate and
contribute to the deferred compensation plan with an annual estimated employer cost of
$269,402.
The financial impact of 161 members electing to transfer from ERS to ESRS during the
period July 1, 1998 through August 31, 1998 increases the accrued liability by
$3,131,337 or a 0.58% increase in the annual contribution rate. This will impact the
June 30, 1999 Actuarial Valuation report. The total increase in the annual contribution
rate for all Pension Plan legislative changes approved during fiscal year 1998 is equivalent
to 2.7% of annual gross payroll or $1,660,000 in annual contributions.
The Pension Plan as of July 1, 1998 has $222,090,915 in accrued pension liability and
an actuarial asset value of $239,433.545. This provides, as of July 1, 1998, a positive
funded actuarial position of $17,342,630.
Exhibit A - 1998 Actuarial Valuation S~,mmary
This summary provides the estimated financial impact of increasing the "multiplier" from
2.0% to 2.1%; 2.2%; and 2.3%: which translates into increasing the maximum pension
allowance from 60°/6 to 63%; 66%; and 69%, respectively. This is shown in Exhibit A
under columns C, D and E, respectively.
Honorable Mayor and Members
of City Council
October 7, 1998
Page 3
Column F in Exhibit A provides the f'mancial impact for only the automatic COLA with a
maximum annual increase of 4%. The automatic COLA could be structured so that
retirees would received 100% of the first 2% increase of the CPI and 50% of the next 4%
increase of the CPI. Also, any retiree COLA should not exceed the pay plan increase
provided to our current employees.
Columns G, H and I in Exhibit A include the f'mancial impact of both a "multiplier"
increase and a maximum 4% automatic COL~
Exhibits B and C are benefit comparisons of the City of Roanoke's Pension Plan and other
Virginia local governments including the Retirement System for the Commonwealth of
Virginia.
We recommend any retirement benefit modification have a prospective effective date.
Also, we have approximately 200 current employees that are members of the ERS. Any
significant modification to the ESRS should provide another transfer option to these
senior employees.
We would be pleased to respond to your questions.
Sincerely,
W. Robert Herbert
City Manager
Director of Finance
JDG:s
Enclosures
c:
Wllbum C. Dibling, Jr., City Attorney
Mary F. Parker, City Clerk
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport
John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority
- Richard L. Kelley, Assistant Superintendent for Operations
Robert E. Tonkinson, Jr., Chairman, Roanoke Pension Plan Board of Trustees
Honorable Mayor and Members
of City Council
October 7, 1998
Page 4
E. Douglas Chittum, Vice Chairman, Roanoke Pension Plan Board of Trustees
Earnest C. Wilson, Member, Roanoke Pension Plan Board of Trustees
Martha P. Franklin, Member, Roanoke Pension Plan Board of Trustees
Randall j. Scott, Member, Roanoke Pension Plan Board of Trustees
George C. Snead, Director, Public Safety
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
Jesse A. Hall, Deputy Director of Finance
Joyce Sparks, Retirement Administrator
Kenneth S. Cronin, Manager, Personnel Management
Angelita Y. Plemmer, Public Information Officer
Diane S. Akers, Budget Administrator
William M. Dowd, Principal, Slabaugh, Morgan, White & Associates
Exhibit A
City of Roanoke Pension Plan
1998 Actuarial Valuation Summary
October 7, 1998
A B C D E F G H I
,A.tnmetic COLA Phm MiJltl.nl|er
Include
June 30, 1998 Transfers 2.1% 2.2% 2.3% Automatic 2.1% 2.2% 2.3%
Veb.etlnn ~ M.Iti.nlier M .Iti.nlier M.Iti.nlier COLA Multiplier M.Itl.nlier M ~dti.nlier
1. Accrued Liability
218,959,578 222,090,915 227,587,075 233,083,235 238,579,395 275,752,380 278,684,723 281,617,067 284,549,410
3. Unfunded Accrued Liability ( 20,473,967) (17,342,630) (11,846,470) ( 6,350,310) ( 854,150) 36,318,835 39,251,178 42,183,522 45,115,865
4a. Normal Contribution 6.15% 6.73% 8.05% 9.37% 10.69% 12.75% 13.18% 13.62% 14.04%
4b. Accrued Liability Contribution % % - % %
4. Total Contribution Rate ~ ~ 8~)5~z ~
5. Expected Gross Payroll 61,254,977 61,254,977 61,254,977 61,254,977
6a. Normal Contribution 3,767,181 4,122,460 4,931,026 5,739,591
% ~222/= 4.56% 4r.qO% 5.:25%
,
~ ~=~7_% _17.74% ~
61,254,977 61,254,977 61,254'977 61,254,977
6,548,157 7,810,010 8,073,406 8,342,928 8,600,199
6b. Accrued Liability Contribution 2;Rgd.;.qRO ~ .R;OC)I ;494 R;21R;RR6
6. Total Contribution 3,767,181 4,122,460 4,931,026 5,739,591 6,548,157 10,394,970 10,866,633 11,344,422 11,816,085
Exhibit B
SUMMARY OF BENEFIT CALCULATIONS
Public Safety Employees
September 30, 1998
New hires afar
July 95 are
Normal Retirement Age 52 w/5 yrs 60 w/5 yrs Age60 25yrs 25yrs 50 w/25 yra Age 50 w/5 yra 55 or 25 yrs members of VR8 Age60 65 w/5 yrs Age60
Earliest Retire-nero Age for
Reduced Benefits 42 w/5 yrs 55 w/5 yrs Age 55 20 yrs 20 yrs 55 w/20 yrs N/A 50 or 20 yrs 50 w/5 yrs 55 w/5 yrs 50 w/5 yrs
Unreduced Early Retirement 50 w/25 yrs 55 w/25 yra 55 w/30 yrs Age 55 55 w/5 yra 50 w/25 yrs 25 yrs N/A 25 yrs 45 w/25 yrs 50 w/25 yrs
6% par yr for first
* benefit * benefit 5 yrs
reduced reduced 6% lust 5 yrs 4.8% for next 5 yrs
Early Retit~a~-nt Reduction 6% per yr 6% per yr 2.16% per yr 30% 30% 4% per yr 0% 6% per yr 5% per yr 3% next 5 yrs 7.2% per yr if 50/10
Vesl~ng 100% after 5 yrs 100% after 5 yrs 100% after 5 yrs 100% atter 5 yrs 100% after 5 yrs 100% after 5 yrs 100% after 5 yrs 100% after 5 yrs 100% after 5 yrs 100% aflor 5 yrs 100% after 5 yrs
Employee Contribution 5% 0% 0% 7.08% 12% 1.5% 0% 0% 0% 0% 5%
No (hired before
Pa~icipate in Social Security Yes Yes No Yes No Yes Yes No July 95) Yes Yes Yes
2.2% x AFC x
1.5% x AFC x 2.25% x AFC x service to 25 yrs 1.65% x AFC x
service 1.35%xAFC x 2%xAFC x 2.3%xAFC x 2.5%x AFC x service 1.9%xAFC x plus 2% x next service 2% x AFC x service Effective 1/1/99
Basic Benefit (ma~c 30 yrs) service service service service (ma~ 35 yrs) service 5 yrs (marc 35 yrs) (marc 30 yrs) 1.7% x AFC x service
Total increased Total increatsed
Excess Benefit N/A N/A N/A by 3% by 3% N/A N/A N/A N/A N/A N/A
.75% x AFC x ***
Early Retirement Supplement 38% estimated service to 25 y~s LEORS Supplement w/
Before Age 65 N/A social security N/A N/A N/A N/A N/A N/A payable to age 65 **$1,908 w/20 yrs. 20 yrs $8,952
Benefit for 25 Year Employee with
Average Compensation $32,000
Before Age 65 $12,000 (age 50) $15,744 (age 55) $16,000 (age 60) $18,952 (25 yrs) $20,600 (25 yrs) $18,000 (age 50) $15,200 (age 50) $17,600 (age 55) $19,200 $17,908 $22,552
After Age 65 $12,000 $10,800 $16,000 $18,952 $20,600 $18,000 $15,200 $17,600 $13,200 $16,000 $13,600
Reduced Benefit for 20 Years of $11,520 before
Service with Average Compensation age 65 $10,868 before $16,568 before age 65
$32,000 $ 7,920 after age 65 $ 7,616 after age 65
(Benefit includes a 5 year penalty) $ 6,720 (age 45) $ 6,048 (age 55) $11,418 (age 55) $10,524 (age 50) $11,436 (age 50) $11,520 (age 50) N/A $ 9,856 (age 50) age 65 (age 50) $8,960 after age 65 (age 55)
* Use Actuarial Table
** Paid from Clty*s Operating Fund
*** There are 366 local governments, 88 have elected enhanced benefits for police officers and 33 for flreflghters.
SUMMARY OF BENEFIT CALCULATIONS
General Employees
September 30, 1998
Exhibit C
Normal Re*ir~,~* Age 62 w/5 yra 65 w/5 yr~ Age 65 65 w/5 yrs Age 62 ~ 60 w/5 ~ ~e ~ 55 w/5 ~ ~ 65 65 w/5 ~ ~e 65
55w/5~
~li~ R~ ~ f~ 54 w/17 ~ ~e 50, ~m Rule
R~,~ ~ 50 w/25 ~ ~ w/5 ~ ~e 55 of 75 52 w/20
~ w/25 ~ ~ 50, ~ Rule ~e 50, ~ Rule
U~ ~ly R~ 55 w/35 ~ 55 w/30 ~ 55 w/30 ~ of 80 of g0 30
6%~f~
4.~A~ f~
.~~
~ly R~ R~]~ 6% ~ ~ 6% ~ ~ 4.~A ~ ~ 50% 4% ~ ~ 6% ~ ~ 3% ~ ~ 6% ~ ~ 5% ~ ~ 3% ~ 5 ~ 7.2% ~ ~ ff 50/10
V~g 100%~5~ 100%~5 ~ 1~%~5~ I~A~5 ~ I~A~5 ~ 100%~5 ~ 1~%~5~ 100%~5 ~ 1~%~5~ 1~%~5~ 1~%~5~
g. mploy~ C~ 5% 0% 0% ~.33% 1
P~6~ ~ S~ai S~ Y~ Y~ Ym Y~ Y~ Y~
1.5% x ~C x 1.75% x ~C x 1.75% x ~C x Eff~ve 1/1~
~ 1.35%x~C x 1.42%x~C x 1.6%x~C x 1.9%x~C x ~ ~ 2%x~C x~ I.~A x ~C x
~ic ~efit (m~ 30 ~) ~i~ ~ 2% x ~C x
.4% x E~ ~C
ov~ $9,500 x T~I
E~ ~fit N/A N/A ~ ~ ~ 3% N/A N/A N/A N/A N/A N/A N/A
l%x~Cx~
~ ~ of
~7,~ 15 ~ age
E~iy R~mt Su~l~ N/A N/A N/A 62) N/A N/A N/A $ 2,~ ~ ~ N/A **$1,~8 w/20 ~. N/A
$16,800 ~f~e
$22,248 ~fore age 65
~fit f~ 30 Y~ E~loy~ ~ ~e 62 $14,4~ ~ $16,308 ~f~ ~ 65
Av~ge C~ti~ $24,0~ $10,800 $ 9,720 $11,964 $14,g32 ~ age 62 $11,520 $13,680 $12,600 ~e65 $12,6~ $14,~ ~ ~e 65 $12,2~
$9,120 ~f~
R~u~ ~efit f~ 20 Y~ of S~ age 65 (age 50) $8,628 ~ ~e 65
~ Av~e ~fi~ $24,000 ~,720 ~ (age 60)
(~efit~lu~a5 y~a~) $ 5,040 (~e 55) $ 4,536(age60) $ 6,062 (~e60) ~,9~(age 50) $ 6,144(age57) N/A $ 7,140(age55) ~e65 $ 6,300 ~,720~e65 $ 5,712(~e~)
* Use Actuarial TaMe
** Paid from CXty's Operating Fund
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
October 12, 1998
File #15-110-394
SANDRA H. EAKIN
Deputy City Clerk
Frances L. Keen, Vice-Chair
Cultural Services Committee
1226 Rugby Boulevard, N. W.
Roanoke, Virginia 24017
Dear Ms. Keen:
This is to advise you that on September 22, 1998, Thelma R. Holland qualified as a
member of the Cultural Services Committee for a term ending June 30, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Glenna O. Ratcliffe, Secretary, Cultural Services Committee
Sandra H. Eakin, Deputy City Clerk
i~£ C E.! '¥ E?
IilTif fil i-']"1'-' -Ii ~-
'98 ~E'_? 24 A9 :'16
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Thelma R. Holland, 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 member of the Cultural Services Committee for a term ending
June 30, 1999, according to the best of my ability. So help me God.
Subscribed and sworn to before me this (,~L-l:d. ay of ~
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
H:~.GENDAgS~EPTS.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
October 12, 1998
File #15-110-178
SANDRA H. EAKIN
Deputy City Clerk
G. David Nixon, Chair
Fair Housing Board
920 Welton Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Nixon:
This is to advise you that on September 23, 1998, E. Duane Howard qualified as a member
of the Fair Housing Board for a term ending March 31, 2001.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Delores C. Daniels, Secretary, Fair Housing Board
Sandra H. Eakin, Deputy City Clerk
'98 ?~]P 30 P12:46
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, E. Duane Howard, 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 member of the Fair Housing Board for a term ending March
31, 2001, according to the best of my ability. So help me God.
Subscribed and sworn to before me this ~.~ day of .~-~*-. 1998.
ARTHUR B. CRUSH, Ill, CLERK
BY
, DEPUTY CLERK
H:~AG EN DA98~SEPTS.WP D
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
October 12, 1998
File #15-110-318
Michael W. Ridenhour, Chair
Advisory Board of Human Development
2528 Stanley Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Ridenhour:
This is to advise you that on September 21, 1998, Anita J. Price qualified as a member of
the Advisory Board of Human Development for a term ending November 30, 2001.
Sincerely,
Mary F Pai=ker, CMC/AAE
City Clerk
MFP:Io
pc;
Glenna O. Ratcliffe, Secretary, Advisory Board of Human Development
Sandra H. Eakin, Deputy City Clerk
I'IT[I nl F .... i i
'98 ~P24 ~9:16
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Anita J. Price, 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 member of the Advisory Board of Human Development for a term ending
November 30, 2001, 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
, DEPUTY CLERK
C:~AUG17C,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
October 12, 1998
File #15-110-230
SANDRA H. EAKIN
Deputy City Clerk
Brook E. Dickson, Chair
Roanoke Arts Commission
523 Highland Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Dickson:
This is to advise you that on September 21, 1998, Will Trinkle qualified as a member of
the Roanoke Arts Commission for a term ending June 30, 2001.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Lanell Otey, Secretary, Roanoke Arts Commission
Sandra H. Eakin, Deputy City Clerk
'98 S~-p 24 [4 9 :~ 6
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Will Trinkle, 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 member of the Roanoke Arts Commission for a term ending June 30, 2001,
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
, DEPUTY CLERK
H:~AGENDAgS~SEPT8.WPD
'98 ~I~I~ 30 ~9:58
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Robert H. Bird, 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 Municipal Auditor for the City of Roanoke for a two year term commencing
October 1, 1998 and ending September 30, 2000, 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
H:~AG ENDA98~SEPTS.W PD
'98 ~F2 30 ~11:0~
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Wilburn C. Dibling, Jr., 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 City Attorney for the City of Roanoke for a two year term
commencing October 1, 1998 and ending September 30, 2000, according to the best
of my ability. So help me God.
Subscribed and sworn to before me this ~ of ~5~f'~,,,)~,,1998.
ARTHUR B. CRUSH, III, CLERK
, ~ CLERK
H :~AGEN DAgS~SEP'I'8.WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit: -~
I, James D. Orieso, do solemnly swear (or affirm) that I will support the Constitution
of the United States of Amerim 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 Director of Finance for the Ci~ of Roanoke for a two year term commencing
October 1, 1998 and ending September 30, 2000, according to the best of my ability.
So help me God.
Subscribed and sworn to before me this~-~-~ d~'ay< ~~~1. 19~98.J:~'~
ARTHUR B, CRUSH, III, CLERK
H:~AGENDAg~SEPTS.WPD
'98 ~E730 P3:24
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Mary F. Parker, 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 City Clerk for the City of Roanoke for a two year term commencing October 1,
1998 and ending September 30, 2000, 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
, DEPUTY CLERK
H:~AG EN DAg8~SEPT8.WPD
.
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
October 7, 1998
Council Report No. 98-32
Subject:
Recommended Expenditures to Address Critical Capital Maintenance &
Equipment Replacement Needs
Dear Mayor and Council Members:
During the past three months, the City Administration has been working to identify and
prioritize capital maintenance and equipment replacement needs. Operating departments
submitted over $12.3 million in capital requests for needed vehicles, equipment replacement
and maintenance.
The Fiscal year 1998-99 General Fund Balance designated for the Capital Maintenance
and Equipment Replacement Program (CMERP) is $3,470,392. Based on this amount, critical
CMERP needs were identified and prioritized.
All requests to be funded were classified into six major categories and funding was
allocated as follows:
Fiscal Year Fiscal Year Increase/
1997-98 1998-99 Decrease
* Capital Maintenance $2,018,200 $1,362,000 ($656,200)
* Fleet Replacement 731,400 600,000 (131,400)
* Equipment 576,439 584,675 8,236
* Technology Enhancements 800,000 500,000 (300,000)
* Office Furniture and Equipment 53,027 83,717 30,690
* All Other 261,033 340,000 78,967
$4,440,099 $3,470,392 ($969,707)
Within each category, requests were then prioritized using evaluation criteria. The
criteria for evaluation included the following:
Protection of health, safety, and welfare;
Improvement of quality of services to citizens and/or city staff;
Promotion of City Council's Vision;
Compliance with legal or regulatory mandates; and
The impact on productivity and operating costs.
Special emphasis was also placed on items which would benefit our neighborhoods, a
top priority of City Council and our visioning process. At least $1.5 million is allocated for
projects in neighborhoods.
A list of the items recommended for purchase is attached for your information. These
purchases allow us to maintain dependable and reasonably economical operations.
Honorable Mayor and City Council
Recommended Expenditures to Address Critical Capital Maintenance and Equipment Needs
October 7, 1998
Page 2
In the coming weeks and months, the City Administration will bring to Council
recommendations on award of contracts for vehicles, equipment, and maintenance items which
will have been bid under the City's normal procurement procedures. Council will be requested
to appropriate funds for all expenditure items on the CMERP listing. If any member of Council
has a question regarding this matter, I invite you to contact me.
WRH:DSA
Attachments
CC:
City Clerk
City Attorney
Director of Finance
Budget Administrator
Director of Human Development
Director of Public Safety
Director of Public Works
Director of Utilities and Operations
Manager, Management and Budget
Manager, Fleet Management
Manager, Supply Management
Manager, City Information Systems
Respectfully,
W. Robert Herbert
City Manager
CAPITAL MAINTENANCE:
Paving Program (Funds to Supplement Annual Paving Program - $350,000) - 57-
lane miles of City streets must be paved annually to maintain a 20-year street paving
program. Additional funds are needed to continue to meet the program schedule and
objectives.
2. Building Maintenance:
ne
Snow Removal (Construct and supply (1) salt (chemical) dome - $195,000) -
There is a need to construct a second salt (chemical) dome, 82 feet in diameter.
The dome will be located at the Public Work Service Center. The dome will
include a six feet high concrete wall, twenty-five year shingles, an overhead door
and electrical package. Currently the City has the capability of storing only 2,000
tons of salt under cover with additional snow removal materials piled outside; this
outside storage is environmentally unacceptable.
be
400 ft. of fencing for the Public Works Service Center - $15,000 - A 400 foot,
six-foot high chain-link fence is needed to completely enclose the Public Works
Service Center for security purposes. One small section of the property was not
originally fenced.
e
Traffic En~neering _(Mini Projects, including Replacement and/or Relocation of
Traffic Equipment - $20,000) - CMERP funding is needed by the Traffic Engineering
Department for mini-projects, such as the replacement and/or relocation of traffic
signals, controllers, detectors and conduits as well as the completion of miscellaneous
traffic studies.
4. Engineering:
90
Municipal South Upgrades - $75,000 - $35,000 is needed to complete the
upgrade to the first floor of Municipal South and $40,000 is needed to begin the
upgrade to the second floor. Wails, ceilings, and flooring materials will be
replaced. The public spaces of the Municipal Building, such as the lobbies and
corridors, have not been modernized for over 30 years. Cost estimates were
prepared by the 1997 Facilities Management Team.
be
Minor Neighborhood Storm Drain Program - $50,000 - The Engineering
Department receives approximately fifty requests annually from residents,
businesses, and City departments to address minor drainage problems. These
funds supplement the 1997 bond referendum which authorized $225,000 for
minor drainage projects.
Co
Bridge renovations - $40,000 - CMERP funds will be used to supplement
operating funds currently slated for "minor" bridge renovations, such as the repair
of expansion joints or the replacement of concrete decks that have been damaged
by salt or other chemicals associated with snow removal. The additional funds
will repair at least one additional bridge identified through the annual bridge
inspection program.
Parks and Recreation (Neighborhood Park Equipment and Replacements - $50,000)
- These funds are needed to replace park facilities and features such as fencing, court
resurfacing, lighting and signage and to complete minor maintenance projects. As a new
departmental initiative, a portion of these funds may be used to match contributions from
corporations and neighborhood groups for the purchase of neighborhood park equipment.
0
Public Works (Facility_ Maintenance Inventory_ and Assessment - $112,000) - Funds
are needed to complete an inventory and assessment of all facilities owned by the City
and to develop a long range plan and maintenance schedule for these facilities.
e
Public Works Service Center (Contingency for Environmental Cleanup costs -
$350,000) - CMERP funds will be needed for environmental consultants, legal fees,
inspections, and improvements to comply with state and federal environmental
regulations which impact the Public Works Service Center.
Crisis Intervention Center (Improvements to Air Circulation- $5,000) - This project
will improve air quality at the Crisis Intervention Center. According to a recent
assessment conducted by SEAS, Inc., an environmental and industrial testing firm, the
center has an insufficient flow of fresh outside air, lacks good circulation, and has
ineffective temperature and relative humidity controls. Improvements, such as the
adjustment of outside louvers, the installation of a condensate pump and circulation
supply diffusers, and the relocation of thermostats, will be made to improve health
conditions for the Center's workers and residents.
e
Police (Furnishings and Equipment for new Police Facility - $100,000) - Funds are
needed to purchase basic office furniture and lobby furniture for new police building to be
located at 348 Campbell Avenue.
2
FLEET REPLACEMENT:
CMERP funding in the amount of $600,000 will be used to supplement the Fleet Replacement
Program, for total fleet replacement funding of $2,045,500. Funding for this program is provided
by the following sources:
CMERP
Fleet Replacement funds in Fleet Management FY 98/99 budget
Fleet Management Retained Earnings
600,000
$1,025,000
420,500
TOTAL: $2,045,500
The Fleet Management Department maintains a computerized system to track vehicle
maintenance costs and is utilized in developing the fleet replacement listing. Vehicles are
selected based on maintenance records and are replaced at the point where further investment
exceeds the value of the equipment. Police Patrol front-line vehicles are replaced based on a
policy of two years or 75,000 miles.
Justification for these replacement vehicles is provided below:
1. Streets and Traffic:
ne
Motor Grader ($160,000) - A new motor grader will replace two existing pieces
of equipment which are worn out and in need of constant repair. Motor graders
are used daily spring through fall for road projects and are also used during the
winter months to assist with snow removal.
bo
Asphalt Super Paver ($71.000) - 1981 Mauldin Super Paver, used for patching
pavement and paving entire streets, needs to be replaced as it is undersized and in
such poor condition that it requires constant maintenance. The average useful life
for this type of equipment is 10 years.
Ce
Vibratory Compactor ($66,000) - The Dynapac asphalt roller, which is used
eight months of each year to compact asphalt during street paving, is constantly
in need of repair and has rust in the tanks. Replacement equipment is needed in
order for the Streets and Traffic Department to continue to meet their street paving
schedule.
3
2. Public Works:
90
Intermediate Sedan ($18,000) - A 1988 vehicle will be replaced due to high
mileage and increasing need for repairs. The replacement vehicle will be used by
the Public Works Coordinator to inspect progress on work projects, meet with
neighborhood groups, and to assist with supervision of snow removal operations.
3. Solid Waste Management:
(2) Refuse Packers ~ $145,000 each - Two One-Armed Bandit Refuse vehicles
will replace existing refuse packers as part of the Solid Waste Management
Automation Program to upgrade existing equipment.
4. Parks and Grounds:
Pickup Truck with snowplow/winch/dump body ($34,000) - Replacement is
needed for a 1985 pickup truck with mileage of 116,688. Vehicle is unsafe when
hauling 100 gallon tank, spare tire, jack and tool box. Replacement vehicle with a
dump bed would make it possible to efficiently carry crew, tools, and supplies.
Winch would be used to pull mowers out of wet areas when needed and this
vehicle will also be used for snow removal.
Flatbed Truck ($31,000) - 1971 Flatbed truck, which is used to haul lumber,
transport tables, and haul a spray tank, needs to be replaced due to the number of
frequent repairs. A new flatbed truck could have additional uses; such as to pull
the front end uniloader during snow when all other vehicles are unavailable.
Cw
(3) Trucks with Snow Removal Equipment/Plow & Spreaders (3 ~ $64,500
ea.) -
Three trucks (two are 1982 models and one is a 1981 model), equipped for snow
removal, need to be replaced to continue to provide reliable service throughout the
year and effectively maintain the City's roadways during the winter months. The
average useful life for this type of equipment is ten years.
5. Building Inspections:
(4) Intermediate Sedans ((~_~ $18,000 each) - Two 1989 and two 1993 sedans,
which are used daily by building inspectors, need to be replaced due to high
mileage and the increasing need for repairs. These vehicles have an average
mileage of 99,415.
6. Fire/EMS:
e
Full-size Van ¢$23.000) - A eight passenger full-size van is needed to replace a
1991 van which has an odometer reading of 118,594. This van is used daily by
the Public Education/Information Officer to facilitate training activities for grade
school (4th grade) students and to transport personnel and students. Also, this
vehicle is used as needed for emergency responses.
Replacement of Pumper/Tanker ($375,000) - This new equipment will be
stationed at the new Peters Creek Road Fire Station #4. This unit will have
expanded capabilities with a hydraulic rescue ladder and an elevated aerial water
stream device. A 35 year old pumper that is presently available as a reserve unit
will be retired.
Cw
Ambulance ($65,000) - This ambulance, used by REMS Volunteers, needs to be
replaced in accordance with the current ambulance replacement program (100,000
miles) in order to maintain an appropriate level of service to citizens.
Police:
(18) Patrol Vehicles (~,_, $24,000 each) - 18 patrol vehicles, with mileage of
75,000 or more or 2 years of age or more, meet the City's criteria for replacement.
These new vehicles will be equipped with rear deck strobe warning lights and
emergency headlight systems that will be installed by the vendor.
be
Full-size Sedan for Vice Unit ($22,000) - Unmarked replacement vehicle is
needed by the Vice Unit. Current vehicle's mileage (118,212) and age (8 years)
exceeds the City's criteria for replacement. A full-size unit is needed due to the
nature of vice operations and the number of officers involved in investigations.
Ce
Intermediate size Sedan for Internal Affairs Unit ($19,000) - Unmarked
replacement vehicle is needed for Internal Affairs. Current vehicle's mileage
(over 100,000) and age (8 years) exceeds the City's criteria for replacement.
de
Animal Control Vehicle ($30,000) - One full-size long-bed pickup truck and a
new redesigned animal transport body is needed to replace current vehicle used
daily by Animal Control Unit. New animal transport body will allow Animal
Control Officers to place animals in carrier without injuring the animal or the
officer. Present model carrier causes the officer to pick the animal up and place it
in a carrier that is very high off the ground. Current vehicle's mileage is 149,658
and the vehicle is 10 years old. Annual maintenance costs warrant replacement of
this vehicle.
ee
(2) Intermediate Sedans for Criminal Investigation Bureau Unit (~ $19,000
each) - Two unmarked replacement vehicles are needed for the CIB Unit. Current
vehicles milage (average of 104,500) and age (9 years) exceeds the City's criteria
for replacement.
8. Social Services:
ne
Intermediate size four-wheel drive utility_ vehicle ($27,000) - A replacement
vehicle is needed for four-wheel drive vehicle used by the Department of Social
Services to transport children in emergency after-hours situations. A four-wheel
drive vehicle is needed to respond to child protective situations regardless of
weather conditions. Current vehicle is 10 years old and annual maintenance costs
warrant the replacement of this vehicle.
9. Crisis Intervention:
ae
Full-size Van ($28,000) - A replacement vehicle is needed to provide routine
transportation for clients who reside at the Crisis Intervention Center and to
transport clients when there are medical emergencies. Current vehicle's mileage is
91,000 and the vehicle is 8 years old.
10. Building Maintenance:
a. One ton Truck with Dump Bed ($24,000) - A replacement vehicle is needed to
replace a 10 ton dump truck that is mounted with snow and ice related equipment.
Vehicle is too large to be efficiently utilized by the Building Maintenance
Department. The dump truck that is being replaced will be transferred to Street
Maintenance Department so that it will be better utilized.
11. Economic Development:
ne
Passenger Mini-van ($27,000) - A replacement vehicle is needed by the
Economic Development Department to transport corporate prospects who visit the
City. Vehicle needs to have the ability to drive comfortably on rough terrain.
Current vehicle is 10 years old and repair costs warrant replacement.
EQUIPMENT NEEDS:
Fire/EMS (Equip 13 fire pumpers with 5 in. diameter hoses to replace aging 3 ½ in.
hoses - $60,000) - This upgrade is needed to maximize available water supply for fire
operations. This would allow existing fire engines to operate more efficiently and will
better utilize personnel on fire scene. The first half of project has been funded in the
1998 CMERP. This request completes the project.
6
e
Police (10 Mobile In-Car Video Systems - $35,000) - This equipment will provide
indisputable video and audio records of encounters involving thc officer and citizens. It
has been documented that these systems provide liability protection for officers and thc
locality in regard to citizen complaints and civil litigation. This is the second phase of the
equipment purchase.
Police (Cope Team Equipment - $48,995) - During the past four fiscal years, the
Roanoke Redevelopment and Housing Authority has provided an annual grant to the
Police Department COPE Team for the purchase of needed equipment. As of June 30,
1998, $48,995 remained available in the Police Department budget for this purpose.
Since thc funds could not bc spent or encumbered by year-cud, the funding became part
of thc CMERP balance. These funds will be used during FY 1998-99 for training, COPE
bicycle program, uniforms, and neighborhood projects.
4. Snow Removal:
aL
Miscellaneous Snow Equipment Parts - $20,000 - Miscellaneous equipment
parts are needed to repair, maintain and upgrade existing snow and ice equipment
to ensure readiness for snow removal.
be
(2) 40 Gallon "Saddle Bag" Pre-wetting Systems - $4,000 - These pre-wetting
systems, which mount on salt spreaders, add chemicals to salt to make the salt
activate in the more severe temperatures. Currently, an additional system is
needed for use in the Central Business District and one is needed for trouble spots
that have been identified in other areas of the City.
Ce
(7) 140 Gallon "Saddle Bag" Pre-wetting Systems - $16,100 - Purchase of this
system will provide the City with one large pre-wetting system for each of the 15
zones of the City.
de
(2) Snow Plow Rigs and Controls for 4x4 Pick up Trucks - $7,000 - New snow
Plow rigs and controls are needed for two 4 x 4 pick up trucks to assist with snow
removal. Plows will be hydraulically controlled from the cab.
(2) Salt Spreaders and Controls for Dump Trucks - $12,000 - Spreaders and
controls are needed to replace old equipment that can no longer be repaired.
f.
(1,000) Tons De-icing Salt - $48,000 - An additional 1,000 tons of de-icing salt
will assist the City to meet the anticipated snow and ice removal needs of the
upcoming winter season.
e
Public Works (25 Trash Receptacles for Central Business District and Parks -
$20,000) - New 42 inch metal trash recepticals arc needed for the Central Business
District and City parks. Eight merchants have requested additional trash containers bc
7
placed in the Central Business District. Other areas need rusty/damaged trash containers
replaced. These new heavy-duty trash recepticals are expected to last for twenty years.
e
Solid Waste Management - (Additional containers for SWM Automation Program -
$15,000) - Funding will provide for (270) additional 95 gallon containers and (110) 32
gallon containers used in the SWM automation program.
e
Building Maintenance (Supplies for Sheriff's Department Inmate Crews - $10,000) -
Funds are needed to purchase items such as paint, plastic bags, drop cloths, paint brushes
and paint thinner for the Sheriff's Department's inmate crews who assist with building
maintenance. During FY 1997-98, the inmate crews painted 11 recreation centers, 32
park restroom facilities, and 5 Police Department COPE Unit offices.
8. Parks and Grounds
ae
Plav~_round Equipment for (4) Neighborhood Parks to comply with
Consumer Products Safety_ Council (CPSC) Safety_ Guidelines - $140,000 -
Funds will be used to replace playground equipment that cannot be repaired and to
conform with new CPSC Safety guidelines. Equipment will be placed in each of
the four quadrants of the City.
be
Neighborhood Park Amenities to replace Existing Deteriorated Units (tables.,
bleachers, etc.) - $50,000 - Funds arc needed to replace existing deteriorated park
equipment such as tables, bleachers, waste receptacles, benches and soccer goals.
(4) Fire Alarm Systems and 4 Securi _ty Alarm Systemq - $24,000 - Four
security alarm systems are needed at Buena Vista, Norwich, and Mountain View
Recreation Centers and the main Office of Parks and Recreation in order to
provide 24 hour security at each site. Also, four fire alarm systems are needed to
be installed by June 1999 at Eureka, Preston, Norwich, and Eureka Vista
recreation centers to comply with regulations and state codes. These
improvements are required by the state in order for the city to continue to conduct
summer youth programs.
de
(1) Canopy for Stage One at Elmwood Park for Special Events - $3,000 - A
portable vinyl canopy is needed for the special events/activities that are held at
this location.
eo
(14) Cubic Yard Self-Contained Hydraulic Dump Leaf Loader - $15,000 -
This needed equipment includes a vacuum pickup unit and a storage trailer for
leaves. It is pulled behind a truck, thus eliminating the need to load and unload a
leaf storage box into the bed of a dump truck.
(1) Leaf/Debris Blower - $4,700 - Current leaf blower needs to be replaced as it
is 19 years old and has been requiring frequent repairs.
(1) Six-Foot Bushhog - $3,000 - Bushhog needs to be replaced. This bushhog is
used to mow City-owned green spaces and private lots to bring them into
compliance with the City weed ordinance.
(1} 7 x 14 Foot Cargo Trailer for Canopy Storage and Transport - $4.200
This unit will assist the Parks and Grounds Department in the storage of canopies.
Additionally, purchase of this item will reduce the amount of manpower time
needed to haul and set up canopies at sites, as the canopies will already be stored
on the trailer. Canopies are used every weekend from April to November.
(1) Starter Motor for Maintenance Shop Truck - $5,000 - This starter motor
will be mounted on the Parks and Grounds maintenance shop track and will
replace a starter that is 18 years old and beyond repair. Starter will be used to
jump start vehicles as needed during the winter months.
Recreation ( Miscellaneous Recreation Equipment for Woodrow Wilson Middle
School Fitness Center - $35,000) - This will provide equipment, such as stationary
bikes, weights, benches, a treadmill, and exercise mats, needed for the Woodrow Wilson
Middle School Fitness Center. The facility will be staffed by the Parks and Recreation
Department and will be open for use during after-school hours and on weekends.
10.
Library_ - (10 Adult Study Tables - $4,680) - These tables will be used to replace study
tables at the Raleigh Court and Williamson Road Branch Libraries. Current tables are
over 30 years old.
TECHNOLOGY IMPROVEMENTS:
City_ Information Systems (City-wide computerization needs - $500,000) - Funding
would provide for a variety of technology-related projects which will be prioritized by the
Information Technology Committee (ITC) during FY 1998-99, such as:
* Public Safety projects including:
Computer-aided dispatch
Police records
Jail records
Mobile computing
* GIS System
* Updating of PC workstations
CMERP funding of $500,000 will be combined with City Information Systems Retained
Earnings ($200,000) for a total Technology Enhancement Program of $700,000.
9
OFFICE FURNITURE AND EQUIPMENT:
1. City Clerk (3 Clerical Workstations) - $10,800) - As part of overall alterations and
improvements to the City Clerk's office, three new workstations are needed for
secretaries.
e
Personnel Management (Purchase 3 Workstations - $9,000) - Replacement furniture
is needed to relieve over-crowed office space, and enhance overall professional
appearance of office.
e
Commissioner of the Revenue (Workstation Replacement (Phase 1) - $26~394) -
Commissioner of the Revenue is in need of integrated work stations designed to provide a
setting that will help insure confidentiality for citizens.
o
Communications (12 "24-hour" chairs for 9-1-1 employees - $10,000) - Because 9-1-1
Chairs are used 24 hours a day, 7 days a week, they need to be replaced on a more
frequent schedule. Currently, the seat cushioning and chair arms are in disrepair. The
chairs that will be purchased will be ergonomically correct.
Building Inspections (Replace 7 chairs for Building In.~pectors - $2,023) - Replace
chairs for the City's Building Inspectors. Current chairs are 18 years old, in disrepair,
and need to be replaced.
e
Social Services (miscellaneous office equipment - $14,500) - The Department of Social
Services needs to expand their filing system, obtain desk top space for computers, and
replace several items of furniture that are in disrepair. The Commonwealth will provide
matching funding for the equipment.
e
Circuit Court Judges (4 modular secretarial workstations - $11,000) - Workstations
are needed for judicial secretaries and others (lawyers, probation officers, and court
clerks) who are often required to conduct business in the offices of the judicial
secretaries.
ALL OTHER:
Personnel Manauement (Implement Phase 1 of Workplace Violence Prevention
Program - $10,000) - Personnel Management, and a work team that has been studying
workplace violence in the City for the past year and a half, have indicated that there is a
need to implement a Workplace Violence Prevention Program. Funds will be used to
develop and conduct awareness training, purchase film for identification badges, establish
a means of reporting and investigating allegations, and purchase background check
software. In addition, extra lighting will be placed at a designated entrance for employees
entering and leaving the Municipal Building after regular business hours.
10
Personnel Management (Pay and Benefits Study ($75,000) - During the FY 1998-99
Budget Study process, City Council requested a Pay and Benefits Study for City
employees. Funding has been set aside to contract with an outside vendor for an
independent evaluation and report.
Economic Development (Enterprise Zone Two nei~.hborhood revitalization -
$40~000) - Enterprise Zone Two was established in July 1996. Businesses, which locate
in or expand within this 1,0~-0 acre area, and thc residents who live there are eligible for
significant local and/or state benefits during the time period of January 1, 1996, to
December 31, 2015. $40,000 in CMERP funds are needed for marketing, curbs and
sidewalk improvements, residential sewer hookups, neighborhood grants, and GED
grants for residents who live in the designated area.
Engineering:
ao
Phase III - Map Automation Pro_leer - Topography and Orthophotos for
Southern Third of City - $50~000 - This is the third year of a five year project to
provide topographic mapping, orthophotography and locations of water and sewer
facilities for thc entire City. As part of Phase III, these funds will complete the
topographic mapping and orthophotography for the City. The U.S. Army Corps of
Engineers will provide matching federal funds for this project through the
Planning Assistance to States Program. This project provides up-to-date mapping
that supports economic development, zoning and development, and capital
projects. $50,000 will be provided in CMERP funds, supplemented by
from the Water Fund and $?-5,000 from the Sewer Fund, for a total project cost of
$100,000 in local funds and $100,000 in federal funds.
bo
Phase III - Map Automation Project - Develop Digital Water and Sewage
Maps - $40~000 - As part of Phase III, funds are needed to replace hand-drawn
City Maps with new digital maps that will bc compatible with a future citywidc
Geographic Information System. These funds will pay for the development of
digital water and sewer maps - which will include all street addresses as well as
water and sewer facilities that are currently identified on the hand-drafted maps.
Parks and Grounds (Reforestation program - Phase V - $20~000) - This is Phase V of
thc City's Reforestation Program to rebuild thc City's tree population through the
planting of new trees along business districts, thoroughfares, residential streets, and parks.
These funds will enable Parks and Grounds to plant approximately 150 trees.
Comprehensive Services Act (CSA) - (Utiliz_a_tion Mana.oement Contract -
Equipment Costs - $65~000) - Funding was appropriated in (July/August) 1998 to secure
a Utilization Management Contract with Managed Health Services. Sof~warc and
equipment costs were initially funded by the City Information Systems fund. With the
11
assumption that the costs would be reimbursed by CMERP. Utilization Management is
required by the State of Virginia for CSA Services provided to at-risk youth. The goal is
to control program costs while providing the most effective services.
Mill Mountain Zoo (Capital Projects - $40,000) - Funding is needed to set up, and
provide electric and water hook-ups for new office buildings that have been donated to
the zoo. The current offices, which are located in a trailer, will be used for classrooms in
the future. In addition, CMERP funds will be used to replace trash cans located on the
zoo grounds, and to provide matching funds for Ruby's Tiger Rescue Program.
ENTERPRISE AND INTERNAL SERVICE FUNDS
The following departments have the ability to fund their capital needs through their own
retained earnings and do not compete for CMERP funds. They are shown for
informational purposes only. City Council approval will be requested before any funds are
expended for these capital purchases.
e
UTILITY LINES - (Front end loader- $85,000) - A replacement wheel loader, which is
used to move gravel and dirt, is needed to replace a 22 year old loader that requires
continuous and expensive maintenance and repairs.
CIVIC CENTER:
ae
Williamson Road Electronic Sign - $105,000 - The interior electronics portion
of the Marquee of the Williamson Road Electronic Sign needs to be replaced and
the exterior needs to be refurbished. The replacement of the electronics will save
approximately $40,000 annually in maintenance and electrical costs. In addition,
the Civic Center will be able to sell advertising on the sign for a projected income
of $30,000 annually.
be
Construction of two Concession Stands - $100,000 - Construction of two
concession stands (one on the north side of the concourse and one on the south
side of the concourse) and renovation of four existing concourse concessions in
the Coliseum. Renovations would include upgrades in points of service,
equipment location, aesthetic improvements, and signage.
12
MaW F. Parker, CMCIAAE
cay C~rk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File f~60-342-405
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34028-100798 declaring the City's intent to
reimburse itself $50,000.00 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 for architectural/engineering services in
connection with the Williamson Road Corridor Study Recommendations. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 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
Kit B. Kiser, Director, Utilities and Operations
N:~:KLOI~AGENDAg~OCTT.W~D
W. Robert Herbert
October 12, 1998
Page 2
pc:
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. 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, Office of Supply Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34028-100798.
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
for architectural/engineering services in connection with the Williamson Road Corridor
Study Recommendations; 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 $50,000 appropriated by
an ordinance simultaneously adopted by the City Council on October 7, 1998, for certain
expenditures to be made for architectural/engineering services in connection with the
Williamson Road Corridor Study Recommendations 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 Williamson Road Corridor Study
Recommendations is $575,000.
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.
H:/m~ur~R-ira~n~ 14
Mary F. Parker, CMC/AAE
city clerk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File f~60-342-405
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34027-100798 amending and reordaining certain
sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation
of $50,000.00, in connection with an architectural/engineering contract for the Williamson
Road Corridor Study. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
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
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
James D. Grisso
October 12, 1998
Page 2
pc:
Ellen S. 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, Office of Supply Management
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA
The 7th day of October, 1998.
No. 34027-100798.
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:
Appropriations
Streets and Bridges $ 23,280,213
Williamson Road Improvements (1) .......................... 50,000
Capital Improvement Reserve $ 13,635,540
Public Improvement Bonds- Series 2000 (2) ................... ( 916,348)
1) Appropriated from
Bond Funds (008-052-9716-9003) $ 50,000
2) Streets and Sidewalks (008-052-9709-9191) (50,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
(: I T't' T:! :.-_ ?:!. :. r- ....
.30 ? .3:01
October 7, 1998
Council Report No. 98-157
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: APPROPRIATION OF FUNDING FOR ARCHITECTURAL/ENGINEERING
CONTRACT FOR WILLIAMSON ROAD CORRIDOR STUDY
RECOMMENDATIONS
Background on the subject in chronological order is as follows:
Roanoke's Capital Improvement Program - Fiscal Years 1998-2002 includes
Williamson Road Corridor Study Recommendations. The total project consists of
constructing infrastructure improvements and other enhancements, including, but not
limited to, curb and gutter, sidewalks, crosswalks, street lighting, signage and
landscaping along the Williamson Road business corridor.
The project limits include all of Williamson Road from Orange Avenue on the south
to the northerly City limit.
Advertisement of Public Notice to seek Architectural/Engineering Services for
Williamson Road Corridor Study Recommendations was properly advertised on
April 19, 1998.
Do
Proposals were received from three (3) firms at 2:00 p.m. on May 22, 1998. Those
firms were Hill Studio, P.C., Whitesell Orrison, Inc., and Hayes, Seay, Mattem &
Mattem, Inc.; all of Roanoke, Virginia.
Personal interviews were conducted with each firm on June 8, 1998 by the Selection
Committee consisting of Gene David Painter, Executive Director of Williamson
Road Area Business Association, Inc.; Mike Bailey, Board Member of Williamson
Road Area Business Association, Inc.; Tom Tasselli, Development Coordinator,
Department of Community Planning; and Charles M. Huffine, Project Manager,
Office of the City Engineer. Whitesell Orrison, Inc. was determined to be most
qualified for this project.
II.
Current situation is as follows:
Contract negotiations are complete, and a lump sum agreement has been reached
with Whitesell Ordson, Inc. in the amount of $35.000. The contract will provide for
preliminary engineering design services for the entire project, preparation and
submittal of an ISTEA grant application for the Williamson Road Area Business
Association, (WRABA) and a Virtual Reality Projection for Phase I of the project.
Final design, bidding, and certain construction management duties are to be
negotiated at a later date.
Honorable Mayor and Members of City Council
TRANSFER OF FUNDING FOR ARCHITECTURAL/ENGINEERING
CONTRACT FOR WILLIAMSON ROAD CORRIDOR STUDY
RECOMMENDATIONS
October 7, 1998
Page 2
III.
IV.
Vo
The contract may be awarded administratively as the contract amount falls within the
Council delegated range (under $75,000).
The purpose of this report is to appropriate a portion of the funding authorized by the
Bond Referendum of November, 1997 into a capital account.
Issues in order of importance are as follows:
A. Cost
B. Funding
Alternatives in order of feasibility are as follows:
A. Authorize the Director of Finance to create a capital
"Williamson Road Improvements".
Architectural/Engineering fees
Engineering expenses, contingency,
advertising costs, etc.
Total
$ 35,000
15~000
$ 50:000
account to be entitled
1. Cost - of the contract is reasonable for the service to be provided.
2. Funding - totaling $50,000 is available as a result of the 1997 bond
referendum and may be appropriated in a capital project account to be
established by the Director of Finance.
Do not authorize the Director of Finance to create a capital account to be entitled
"Williamson Road Improvements".
1. Cost - is not an issue.
2. Funding - will not be needed.
Recommendation is as follows:
City Council concur in alternative "A" and take the following action:
Honorable Mayor and Members of City Council
TRANSFER OF FUNDING FOR ARCHITECTURAL/ENGINEERING
CONTRACT FOR WILLIAMSON ROAD CORRIDOR STUDY
RECOMMENDATIONS
October 7, 1998
Page 3
mo
Bo
Appropriate $50.000 from the sale of Series 2000 Bond Issue to a capital account to
be established entitled "Williamson Road Improvements" for the preliminary design
of the improvements, the submittal of an ISTEA Grant application for WRABA, and
projection of a Virtual Reality Projection of Phase I by the A/E Consultant.
Adopt a resolution declaring the City's intent to reimburse itself $50,000 from the
sale of the Series 2000 bonds as authorized by Ordinance 33497-072197 in the
principal amount of $39,030,000. The maximum amount of bonds anticipated to be
issued relating to the Williamson Road Corridor Study is $575,000.
Respectfully submitted,
W. Robert Herbert
City Manager
WRlt/CMH/bs
C2
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
MaW F. Parker, CMC/AAE
cay Ck~rk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File ~67-467
8andra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34029-100798 authorizing the City Manager to
execute an agreement between the Roanoke City School Board and the City of Roanoke,
allowing the City to operate a fitness center at Woodrow Wilson Middle School for use by
the general public; and authorizing establishment of user fees to be charged at the fitness
center. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Wednesday, October 7, 1998.
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
Marsha W. Ellison, Chair, Roanoke City School Board, 2130 Knollwood Road,
S. W., Roanoke, Virginia 24018
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
John W. Coates, Manager, Parks and Recreation
C:I~"T'/.W~O
W. Robert Herbert
October 12, 1998
Page 2
pc:
Glenn A. Asher, Risk Management Officer, Risk Management
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public
Schools
Kay Buffy, Principal, Woodrow Wilson Middle School, 1813 Carter Road, S. W.,
Roanoke, Virginia 24016
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34029-100798.
A RESOLUTION authorizing the City Manager to execute an agreement between the
Roanoke City School Board and the City of Roanoke, allowing the City to operate a fimess
center at the Woodrow Wilson Middle School for use by the general public, and authorizing
the establishment of user fees to be charged at the fimess center, upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and
the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, the agreement between the Roanoke City School Board and the City of
Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate
a fitness center in specified areas at the Woodrow Wilson Middle School for use by the
general public, and authorizing the establishment of user fees to be charged at the fimess
center, said fees to be no less than the fees set forth in the City Manager's report dated
October 7, 1998, all of which shall be upon the tenns and conditions as more particularly set
forth in the City Manager's report dated October 7, 1998.
ATTEST:
City Clerk.
II RI{S R-I:II'-WW
RECEIVED
October 7, 1998
Council Report #98-173
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: Authorization of an Agreement permitting the
Parks and Recreation Department to operate a
public fitness center within specified areas of
Woodrow Wilson Middle School and authorization
for the City Manager or his designee to set usage
fees for said facility
I. BACKGROUND:
ao
Roanoke City Public Schools scheduled a complete
renovation of Woodrow Wilson Middle School to
occur between June, 1997 and August, 1998.
B. A fitness room was designed into the renovation.
C o
Physical fitness equipment totalling $35,000 was
approved for purchase by Parks and Recreation
under the FY98 CMERP program.
II.
CURRENT SITUATION:
ao
Woodrow Wilson Middle School renovations have
been completed and the facility opened to
students in August, 1998.
Bo
The fitness room has been completed and is
available for use.
C o
Fitness equipment totalling $35,437 has been
ordered by Parks and Recreation. The equipment
will be available for use by the end of October.
Roanoke City Public Schools will use the fitness
room and equipment for physical education classes
and sports conditioning.
Honorable Mayor and Council Members
Woodrow Wilson Fitness Center Agreement
October 7, 1998
Council Report #98-173, Page 2
E o
F o
Go
Ho
Jo
Roanoke City Parks and Recreation plans to
operate the facilities as a public fitness
center, open to the general public, during non-
school hours. Facilities consist of: fitness
room, foyer area, gymnasium, restrooms,
cafeteria, the men's and ladies' locker rooms,
and all adjoining common areas of Woodrow Wilson
Middle School.
Minimal fees to be charged for fitness room usage
to all persons are: City Residents - $10.00 per
month or $2.00 per visit, all others - $15.00 per
month or $3.00 per visit. Rates may be
seasonally adjusted to reflect demand or meet
needed operating expenses. Fees charged at
Breckinridge and Woodrow Wilson Fitness Centers
shall be the same. Entrance fees for other
areas, to include: the gymnasium, the restrooms,
the cafeteria, the men's and ladies' locker
rooms, and all adjoining common areas of Woodrow
Wilson Middle School will not be charged.
Roanoke City School Board shall have the right to
utilize the facilities during times granted to
the City of Roanoke in the Agreement, provided
that the School Board gives the Manager of Parks
and Recreation, fourteen (14) days prior written
notice.
Operational costs for weekday custodial services
and weekday utilities shall be paid by the School
Board. Other operational costs shall be paid by
the City, through the Department of Parks and
Recreation.
The Agreement to operate Woodrow Wilson Fitness
Center is essentially the same as was approved
last year to operate Breckinridge Fitness Center.
Differences are noted on Attachment A.
City Council approval of the Agreement (attached)
between the City of Roanoke and the Roanoke City
School Board is required if Parks and Recreation
is to operate the fitness center.
Honorable Mayor and Council Members
Woodrow Wilson Fitness Center Agreement
October 7, 1998
Council Report #98-173, Page 3
The Fee Compendium and City Code do not currently
address the charging of fees at community fitness
centers.
III. ISSUES:
Support
Leqal
Facility Utilization
IV. ALTERNATIVES:
City Council authorize the attached Aqreement to
be approved as to form by City Attorney and
executed by City Manaqer, and authorize the City
Manaqer, or his desiqnee, to establish user fees
for the use of Woodrow Wilson Fitness Center so
lonq as such fees do not fall below the minimum
fees stated in said Aqreement.
Support for expanded recreational
programming serving City residents would be
affirmed.
o
Legal authority is vested in Council to
enter into an Agreement regarding usage of
School Board owned facilities.
o
Greater utilization of School
facilities would be achieved.
Board
Honorable Mayor and Council Members
Woodrow Wilson Fitness Center Agreement
October 7, 1998
Council Report #98-173, Page 4
Bo
City Council not authorize the attached Aqreement
to be approved as to form by Cit¥ Attorney and
executed by City Manaqer, and not authorize the
City Manaqer, or his desiqnee, to establish user
fees for Woodrow Wilson Fitness Center.
Support for expanded
programming by way of
partnership serving City
not be affirmed.
recreational
a City/School
residents would
o
Leqal authorit¥ vested in Council to enter
into an Agreement is moot.
o
Utilization of School Board facilities would
not be increased.
RECOMMENDATION is that City Council concur with
Alternative "A", and authorize the City Manager
to execute an Agreement between the Roanoke City
School Board and the City of Roanoke allowing
Parks and Recreation to operate specified areas
of Woodrow Wilson Middle School as a public
fitness center authorize the City Manager, or his
designee, authority to establish user fees to be
charged at the fitness center so long as such
fees do not fall below the minimum fees stated in
said Agreement.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/jjn
Attachment
cc:
City Attorney
Director of Finance
Director of Public Works
Manager, Parks & Recreation
Business Coordinator, Parks & Recreation
Recreation Superintendent, Parks & Recreation
Recreation Coordinators (2), Parks and Recreation
City Risk Management Officer
Superintendent, Roanoke City Public Schools
Assistant Superintendent for Operations, Roanoke City
Public Schools
Director of Health & Physical Education, Roanoke
City Public Schools
Principal, Woodrow Wilson Middle School, Roanoke City
Public Schools
ATTACHMENT A
Differences Between Breckinridge & Woodrow Wilson
Agreements
Fitness Center Room
School Access, M-F
Cleaning Time, M-F
Public Hours, M-F
Public Hours, Sat
Public Hours, Sun
Breckinridge
Till 3:00PM
3:00PM-4:00PM
4:00PM-8:00PM
9:00AM-i:00PM
i:00PM-5:00PM
Woodrow
Till 3:30PM
3:30PM-4:00PM
4:00PM-9:00PM
9:00AM-3:00PM
i:00PM-6:00PM
Foyer
# Vending Machines
Allowed
Access to Machines
Prohibited, M-F
Lockers
More than 1
Before 3:00PM
Allowed
Limited to 1
Before 3:30PM
Not Allowed
Gymnasium
Public Hours, M-F
5:00PM-8:00PM
5:00PM-9:00PM
Classrooms
Accessibility
Granted
Not Granted
AGREEMENT
TillS AGREEMENT is made this ~ day of
the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as
., 1998, between
"City", and the
ROANOKE CITY SCHOOL BOARD, hereinafter referred to as "School Board".
WITNESSETH:
IN CONSIDERATION of the mutual covenants contained in this Agreement, the City
and the School Board agree as follows:
1. Premises: The facility which is the subject of this Agreement ("Premises") shall
be the fitness room, the foyer area, the gymnasium, the restrooms, the cafeteria, the men's
and ladies' locker rooms, and all adjoining common areas of Woodrow Wilson Middle
School located at 1813 Carter Road, S.W., in the City of Roanoke.
2. Te~n of Agreement: The tem~ of this Agreement shall be from October 15,
1998, until October 14, 1999. This Agreement shall be extended for four (4) additional one-
year terms, unless a party terminates the Agreement pursuant to Paragraph No. 13, in writing,
no later than thinly (30) days prior to the last day of the then-cun'ent term of the Agreement.
3. Terms of Use: The Premises shall be open to the general public, subject to the
following terms and conditions:
(a) The fimess room shall be available to all persons who are sixteen (16)
years of age or older. Persons who are fourteen (14) to sixteen (16) years of age may use the
fitness room upon completion of training provided by tile Woodrow Wilson Middle School
Physical Education Department or the Fitness Coordinator employed by the City.
(b) The following fees for tile use of tile fitness room, pursuant to this
Agreement, shall be charged to all persons:
(i) Persons providing proof of residency in the City of Roanoke: $10.00
per month, or $2.00 per visit.
(ii) All other persons: $15.00 per month, or $3.00 per visit.
Tile Manager of tile Roanoke City Department of Parks and Recreation ("Manager") shall
have the authority to adjust all fees charged pursuant to this Agreement before the first day
of any month this Agreement is in place, subject to the authority granted to him by City
Council. Such fees shall be collected by the City and shall be used to offset costs incurred
in administering this Agreement. The Manager shall implement an identification procedure
to ensure that only authorized persons are using tile Premises and that their use is at the
appropriate rate.
(c) Tile hours of operation of tile Premises shall be as follows
("Operational Hours"):
(i) Fitness Room: 4:00 p.m. - 9:00 p.m., Monday through Friday, for use
by tile general public, and 3:30 p.m. to 4:00 p.m. for cleaning and
preparation.
(ii) Gymnasium: 5:00 p.m. - 9:00 p.m., Monday through Friday, for use by
the general public, for the first year of the Agreement, and in the future
at such times as the parties mutually agree in writing.
(iii) Locker Rooms, and Cafeteria: to be used at such times and subject to
fees as agreed upon in writing by tile parties.
(iv)
Tile Premises shall be accessible from 9:00 a.m. until 3:00 p.m. on
Saturdays, and from 1:00 p.m. until 6:00 p.m. on Sundays.
2
The Manager shall have the authority, to adjust the hours of operation of the Premises, or any
portion thereof, i~'i writing, and the Manager shall have the authority to cancel use of the
Premises for any date or dates pursuant to this Agreement due to inclement weather or any
other reason.
(d) The School Board may rent the gymnasium at any time the Premises are
not scheduled to be used by the City. All arrangements relating to such rental shall be made
through the School Board.
(e) The School Board shall continuously maintain appropriate temperature
and reasonable humidity control throughout the year in the fitness room for the proper
maintenance and protection of the equipment in the fitness room.
(f') The City will be responsible for the cost of repairs for damages (other
than fair wear and tear or damages caused by the negligence of any School Board employee)
to the facility caused by persons using the facility as part of a City-sponsored program.
4. Equipment: The equipment in the fitness room belongs to the City. The City
shall be responsible for the cost of repairing or replacing all equipment damaged or destroyed
by normal use of the equipment. The School Board shall repair or replace any equipment
willfully or intentionally damaged or destroyed by any person at any time not during
Operational Hours, and the City shall repair or replace any equipment willfully or
intentionally damaged or destroyed by the general public during Operational Hours. Each
party shall perform an inventory and inspection prior to each day of use and shall note the
results of the same on forms approved and provided by the Manager. The determination of
3
whether equipment shall be repaired or replaced shall be the Manager's decision.
5. Conflicts in use: Use of the Premises by the general public pursuant to this
Agree~nent shall be subject to events scheduled by the School Board. Notice of such events
shall be given to the Manager, in writing, at least fourteen (14) calendar days before the first
date of the event. Upon receipt of such notice, the City shall cancel use of the Premises by
the general public pursuant to this Agree~nent.
6. Additional areas for use: The City shall have use of an office within the fitness
rotan for administering this Agree~nent. The City shall also have use of one-half (½) of a
storage room for storage of materials to be used in connection with this Agreement.
7. Access to equipment: The City and the School Board shall have access to, and
may use, all equipment which is stored at Woodrow Wilson Middle School as of the date of
this Agrecment, including volleyball standards, aerobic steps, and mats. Such equipment,
if damaged willfully or intentionally during a use time administered by one of the parties,
shall be repaired or replaced by that party within thirty (30) days of the equipment being
damaged.
8. Maintenance of Premises: The School Board shall maintain and clean the
Premises after use of the same during a school day and before use of the Premises by the
general public pursuant to this Agreement. The School Board shall maintain and clean the
Premises before and after the use of the stone on each Saturday and Sunday the Premises are
used by tl!e general public pursuant to this Abq'eement. The City shall pay the School Board
for each Saturday or Sunday such custodial services are provided at a mutually agreeable
4
rate.
9. Utilities: The School Board shall pay for all utilities, including water and
electricity, for use of the Premises Monday through Friday, and the City shall pay a prorated
share of such utilities for use of the Premises on Saturday and Sunday at a mutually
agreeable rate. The City will pay all monthly fees incurred as a result of the telephone
located in the office described above, as well as all long distance calls made during the hours
of operation for use by the general public.
10. Vendor Machine: The School Board may restrict access to, or use of, the
vending machine 7:00 a.m. to 3:30 p.m., Monday through Friday. All proceeds from the
vending machine shall belong to the City for use to offset costs incurred in administering this
Agreement.
I I. insurance: The School Board shall name the City, its officers, agents, employees
and volunteers as additional insureds as their interests may appear on the appropriate School
Board liability policies with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence and One Million Dollars ($1,000,000.00) aggregate, if any organization
sponsored by the City uses the Premises, such organization shall provide the City and School
Board with proof of liability insurance in accordance with the above limits and such
organization shall name the City and School Board, their officers, agents, and employees as
additional insureds. All insurance correspondence shall be sent to the City of Roanoke, c/o
Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia 2401 I,
and Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City School Board,
5
P.O. Box 13145, Roanoke, Virginia 2403 I.
12. Notice: Notice to the parties, unless otherwise indicated, shall be in writing
and either in person and delivered to the following locations, or by first-class mail:
If to the City: Manager of Parks and Recreation
210 Reserve Avenue, S.W.
Roanoke, Virginia 240 ! 6
If to the School Board: Assistant Superintendent
for Operations
40 Douglas Avenue, N.W.
Roanoke, Virginia 24012.
13. Temm~ation: This Agreement may be terminated by either party for cause, in
writing, with thirty (30) days notice. The City shall have access to its equipment during
normal business hours for forty-five (45) calendar days after termination and shall remove
the same during that period of time.
14. Third-Parties: Neither party shall be obligated or liable hereunder to any
person or entity not a party to this Agreement.
15. Successors and Assigns: The terms, conditions, provisions and undertakings
of this Ag~'eement shall be binding upon and inure to the benefit of each of the parties hereto
and their ~'espective successors and assigns.
16. Assignment: This Agreement and fl~e rights and obligations hereunder may not
be sold, assigned, or transferred at anytime by eifl~er party without the prior written consent
of the City's City Manager.
17. Captions and Headings: Tile section captions and headings are for convenience
and reference purposes only and shall not affect itl any way the meaning or interpretation of
this Agrcmnent.
18. Cooperation: Each party agrees to cooperate with the other in executing any
docmnents necessary to can¥ out the intent and purpose of this Agreement.
19. Entire Agreement: This Agreement constitutes the entire agreement and
understanding of the parties.
WITNESS the following signatures and seals:
ATTEST:
Mary F. Parker, City Clerk
ATTEST:
CITY OF ROANOKE, VIRGINIA
By
Its
ROANOKE CITY SCitOOL BOARD
(title). (Title).
Approved as to Form:
Approved as to Execution:
Assistant City Attorney
for City of Roanoke
Assistant City Attorney
for City of Roanoke
II AtiRI I( PR-\VWII,I WI'Il 7
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
c~ c~
October 12, 1998
Sandm H. Eakin
~puty city Ck~rk
F~e #2-399
W. Robert Herbert
City Manager
Roanoke, V'u'ginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34031-100798 authorizing the proper City Officials to acquire
fee simple title to certain real estate comprising approximately 6.5 acres of land located in Westview
Terrace, as more fully identified in the Water Resources Committee report and attachments dated
October 7, 1998, upon certain terms and conditions, for the consideration of $352,800.00. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting
which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Habitat for Humanity in the Roanoke Valley, 1701 Cleveland Avenue, S. W., Roanoke,
Virginia 24016
James D. G-risso, Director of Finance
William F. Clark, Public Works
Kit B. laser, Director, Utilities and Operations
W. Robert Herbert
October 12, 1998
Page 2
pc:
Diane S. Akers, Budget Administrator, Office of Management and Budget
Delores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34031-100798.
AN ORDINANCE providing for the acquisition of approximately 6.5 acres of land
located in Westview Terrace, upon certain terms and conditions; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The proper City officials are authorized to acquire fee simple title to certain
real estate comprising approximately 6.5 acres of land located in Westview Terrace,
identified in the Water Resources Committee report and attachments dated October 7, 1998,
upon certain terms and conditions, for the c~nsideration of $352,800.
2. Upon delivery to the City of a deed, approved as to form and execution by the
City Attorney, the Director of Finance is directed to pay the consideration to the owner,
certified by the City Attorney to be entitled to the same.
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.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMCIAAE
c~ Clerk
October 12, 1998
8andra H. Eakin
Deputy city Clerk
File #2-399
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34030-100798 amending and reordaining certain
sections of the 1998-99 General and Capital Projects Funds Appropriations, providing for
the appropriation of $360,000.00, in connection with property rights acquisition for 6.5
acres of land located in Westview Terrace from Habitat for Humanity. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Public Works
Kit B. Kiser, Director, Utilities and Operations
Diane S. Akers, Budget Administrator, Office of Management and Budget
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 1998.
No. 34030-100798.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and
Capital Projects Funds 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 General and Capital Projects Funds Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
GeneralFund
Appropriations
Nondepartmental $ 59,319,552
Contingency - General Fund (1) ................................... ( 465,962)
Transfers to Other Funds (2) ...................................... 58,495,534
Capital Projects Fund
Appropriations
General Government
Westview Terrace Property Acquisition (3) ..........................
1) Contingency (001-002-9410-2199) $ (10,000)
2) Transfers to Capital
Project Fund (001-004-9310-9508) 10,000
3) Appropriations from
General Revenue (008-052-9715-9003) 360,000
$ 16,192,608
360,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
October 7, 1998
Council Report No. 98-369
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: PROPERTY RIGHTS ACQUISITION - WESTVIEWTERRACE
Background in chronological order is as follows:
City Council directed the initiation of negotiations to purchase
approximately 6.5 acres in Westview Terrace from Habitat for Humanity
(Habitat) at its meeting of August 3, 1998.
An offer of $352,800 was made on August 18, 1998, to the Board of
Directors of Habitat. This offer was accepted on September 11, 1998, at
a joint news conference between the City, Habitat, and the Blue Ridge
Housing Development Corporation.
II.
Current Situation is as follows:
Authorization is needed to move forward with procurement of title work,
document preparation, and closings related to the fee simple acquisition
of the property, as shown on Attachment A. It is anticipated that the
property will be sold to a private developer for the construction of middle
to upper income housing.
Habitat will acquire a portion of four lots from Planned Parenthood of Blue
Ridge, Inc. prior to conveyance of the property to the City. Habitat's
agreement with Planned Parenthood provides that upon the expiration of
the restrictive covenants currently on the land that only allow the land to
be used for residential purposes, the covenants will be modified or
terminated to allow Planned Parenthood to use it's property for
commercial parking. The deed to the City from Habitat will require the
City or its successors to take such action.
Honorable Mayor and City Council
PROPERTY RIGHTS ACQUISITION
WESTVI EW TERRACE
October 7, 1998
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
IV.
Alternatives in order of feasibility are:
City Council authorize the City Manager to take appropriate action in order
to accomplish the fee simple acquisition of the property as shown on
Attachment A, in a form acceptable to the City Attorney.
1. Need for the property is met.
2. Timing to allow acquisition of property as soon as possible is met.
Funding of $350,000 is available in the Transfer to Capital Projects
Fund account number 001-004-9310-9508, and $10,000 is available
in Contingency account number 001-002-9410-2199, for a total of
$360,000. This amount will fund the property acquisition and
associated costs.
B. Water Resources Committee does not recommend that City Council
authorize the City Manager to take appropriate action in order to
accomplish the fee simple acquisition of the property as shown on
Attachment A, in a form acceptable to the City Attorney.
1. Need for the property is not met.
Timing to allow acquisition of property as soon as possible is not
met.
Funding will remain in the Transfer to Capital Projects Fund and
Contingency accounts.
Water Resources Committee recommends that City Council take the
following actions, in accordance with Alternative "A".
Honorable Mayor and City Council
PROPERTY RIGHTS ACQUISITION
WESTVI EW TERRACE
October 7, 1998
Page 3
Co
Authorize the fee simple acquisition of property as shown on Attachment
A, in a form acceptable to the City Attorney.
Transfer $10,000 from Contingency account number 001-002-9410-2199
to Transfer to Capital Projects Fund account number 001-004-9310-9508.
Appropriate $360,000 in the Capital Projects Fund in an account to be
established by the Director of Finance entitled "Westview Terrace
Property Acquisition".
Authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents, in a
form approved by the City Attorney, to acquire this property.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/KBK/SEF
CC:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Budget Administrator
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
ATTACHMENT A
Westview Terrace
Owner Tax No.
Habitat for Humanity, Inc. 6370511
Habitat for Humanity, Inc. 6370512
Habitat for Humanity, Inc. 6370513
Habitat for Humanity, Inc. 6370514
Habitat for Humanity, Inc. 6370515
Habitat for Humanity, Inc. 6370516
Habitat for Humanity, Inc. 6370517
Habitat for Humanity, Inc. 6370518
Habitat for Humanity, Inc. 6370519
Habitat for Humanity, Inc. 6370520
Habitat for Humanity, Inc. 6370601
Habitat for Humanity, Inc. 6370602
Habitat for Humanity, Inc. 6370603
Habitat for Humanity, Inc. 6370604
Habitat for Humanity, Inc. 6370605
Habitat for Humanity, Inc. 6370606
Habitat for Humanity, Inc. 6370607
Habitat for Humanity, Inc. 6370608
Habitat for Humanity, Inc. 6370609
Habitat for Humanity, Inc. 6370710
Habitat for Humanity, Inc. 6370711
Habitat for Humanity, Inc. 6370712
* Planned Parenthood of Blue Ridge, Inc. 6370202
* Planned Parenthood of Blue Ridge, Inc. 6370203
* Planned Parenthood of Blue Ridge, Inc. 6370204
* Planned Parenthood of Blue Ridge, Inc. 6370205
*A portion of these lots to be acquired by Habitat for Humanity, Inc. from
Planned Parenthood of Blue Ridge, Inc. prior to conveyance to City.
//
·
(,,370503
o~1
(UNDEVELOPED)
0'0~/
oPEol
4.370~05 ~
~ 20
~p' / 6/
.~s Sz /
~ &370&09
G,3706/i ~ ~i
0'$6
J CLINTON ¢ U NO~'V3
F. P. rker, CMC/AAE
city Ck~rk
CITY OF ROANOKE
Offi¢® of th® Cit~ Cl®rk
October 12, 1998
File ~t5-60-236
· llndra H. Elkin
~puty cay c~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34032-100798 authorizing application for and
acceptance of a grant, in the amount of $262,500.00, to the City of Roanoke by the
Commonwealth of Virginia Department of Criminal Justice Services for a criminal records
improvement program in the Police Department and authorizing execution of any required
documentation on behalf of the City by the City Manager. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
George C. Snead, Jr., Director, Public Safety
Glenn D. Radcliffe, Director, Human Development
A. L. Gaskins, Chief of Police
W. Robert Herbert
October 12, 1998
Page 2
pc:
Archie W. Harrington, Manager, City Information Systems
Donald S. Caldwell, Commonwealth's Attorney
Charles A. Harlow, Grants Monitor, Grants Compliance
Diane S. Akers, Budget Administrator, Office of Management and Budget
N:~CKLOI~AG~.WPO
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34032-100798.
A RESOLUTION authorizing the application for and acceptance of a grant to the City of
Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a criminal
records improvement program in the Police Department and authorizing execution of any required
documentation on behalf of the City by the City Manager.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Application for a grant from the Commonwealth of Virginia Department of Criminal
Justice Services in the amount of $262,500 for implementation of a modem records management
system in the Police Department is hereby authorized.
2. The local cash match shall be in the amount of $87,500.
3. The City Manager or the Assistant City Manager is hereby authorized to execute, on
behalf of the City, any documentation required in connection with the acceptance of such grant and
to furnish such additional information as may be required by the Commonwealth, all as more
particularly set forth in the report of the City Manager dated October 7, 1998.
ATTEST:
City Clerk.
October ?, 1998
Council Report ¢98-415
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: Byrne Police Records Management Grant
I. Background:
II.
A. The Edward Byrne Memorial Formula Grant Program was created by Congress to
provide federal funds to states and localities for improving the criminal justice system. In
Virginia, this grant program is administered by the Department of Criminal Justice
Services (DCJS).
B. The Criminal Records System Improvement portion of this grant program
provides funding for the development of computerized information systems and software
programs to enhance data quality and timeliness of submissions.
C. The Roanoke City Police Department is mandated to maintain accurate records on
activities which include in excess of 82,000 dispatched calls, 16,000 criminal arrests, and
21,000 traffic summonses annually.
D. The Roanoke City Police Department is requesting to apply for funds under this
grant to expand local funding capabilities and obtain a records management system
through the bid and vendor evaluation process which provides the best service to the City.
Current Situation
A. A Request For Proposal for a Records Management System was developed by
City Information Systems (CIS) in coordination with the Police Department and a
professional consultant. That RFP prompted eight proposals for evaluation, and selection
of a records management system will be made by December, 1998.
B. The Department of Criminal Justice Services has advised that the City of Roanoke
is eligible to apply for a competitive award of up to $350,000 under this program for
1999. This program award would require a local match amount of at least 25% of this
total.
Mayor David A. Bowers
Members of City Council
Report//98-415, Page 2
October 7, 1998
C. Grant Funds of $262,500 are to be requested for the development, purchase, and
installation of a modem record management system in the Police Department.
D. The Local Match of $87,500 is available for this program in account
# 013-052-9801-9203. This represents a match of 25% of the total program expense of
$350,000.
E. Byme Grant Applications require evidence of cooperative agreements between
local law enforcement and the Virginia State Police concerning reporting and security
requirements. The Police Department is willing to provide such evidence.
III.
Issues:
A. Need
B. Reporting Mandates
C. Funds Availability
IV.
Alternatives:
A. City Council Authorize Application for $262,500 in funding through the
Department of Criminal Justice Byme program in accordance with State grant
requirements.
Need exists to provide updated criminal history record information for
both internal City needs and for State and Federal reporting.
Reporting Mandates, increasing in complexity in 1999, are achievable with
a new records management system advanced by this Council action.
Funds Availabili _ty will be addressed by this Council action, with the local
match available in account # 013-052-9801-9203.
Mayor David A. Bowers
Members of City Council
Report #98-415, Page 3
October 7, 1998
B. City Council not authorize application for this funding through the DCJS Byme
Grant Program.
Need to provide updated criminal history record information for both
internal City needs and for State and Federal reporting will not be met.
Reporting Mandates, increasing in complexity in 1999, will be difficult to
achieve.
Funds will not be available from the DCJS grant and local match funding
will not be expended.
V. Recommendation
A. Ci_ty Council approve Alternative "A" to apply for funds from the Department of
Criminal Justice Services Byme Grant in the Criminal Records System Improvement
Program.
B. Authorize the City Manager to sign and execute all appropriate documents to
obtain funding through the Byme Grant Program administered by the Department of
Criminal Justice Services.
Respectfully submitted,
City Manager
WRH:ALG/wla
CC:
City Manager
Director of Finance
Director of Public Safety
Director of Human Development
Chief of Police
City Information Systems
Commonwealth's Attorney
Office of Grants Compliance
Budget Administrator
Mary F. Parker, CMCIAAE
Cay Clerk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File #5-60-236
· andra H. Eakin
Deputy City Ck~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34033-100798 authorizing application for and
acceptance of a grant, in the amount of $24,800.00, to the City of Roanoke by the
Commonwealth of Virginia Department of Criminal Justice Services to implement an
incident based crime reporting system in the Police Department and authorizing execution
of any required documentation on behalf of the City by the City Manager. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
George C. Snead, Jr., Director, Public Safety
Glenn D. Radcliffe, Director, Human Development
A. L. Gaskins, Chief of Police
W. Robert Herbert
October 12, 1998
Page 2
pc:
Archie W. Harrington, Manager, City Information Systems
Donald S. Caldwell, Commonwealth's Attorney
Charles A. Harlow, Grants Monitor, Grants Compliance
Diane S. Akers, Budget Administrator, Office of Management and Budget
N:~,.O1 ~,GENDAggtOCIT.WPO
IN TI-IECOUNCILOFTHECITY OF ROANOKE, VIRGINI&
The 7th day of October, 1998.
No. 34033-100798.
A RESOLUTION authorizing the application for and acceptance of a grant to the City of
Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services to implement
an incident based crime reporting system in the Police Department and authorizing execution of any
required documentation on behalf of the City by the City Manager.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Application for a grant from the Commonwealth of Virginia Department of Criminal
Justice Services in the amount of $24,800 to implement an incident based crime reporting system in
the Police Department is hereby authorized.
2. The local cash match shall be in the amount of $24,800.
3. The City Manager or the Assistant City Manager is hereby authorized to execute, on
behalf of the City, any documentation required in connection with the acceptance of such grant and
to furnish such additional information as may be required by the Commonwealth, all as more
particularly set forth in the report of the City Manager dated October 7, 1998.
ATTEST:
City Clerk.
H:~VlEA~URES~BYi~NE2
'~ "~ ~T ~f :2~9 9~°ber 7, 1998
Council Report #98-416
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: Byrne Police Incident Based Reporting Grant
I. Background:
A. The Edward Byme Memorial Formula Grant Program was created by Congress to
provide federal funds to states and localities for improving the criminal justice system. In
Virginia, this grant program is administered by the Department of Criminal Justice
Services (DCJS).
B. The Incident Based Reporting (IBR) portion of this grant program provides
funding to support the implementation of crime reporting systems which capture full data
on each "incident" to a more precise level than has been used in the past. IBR systems
capture full information on the relationship between suspects and victims and also
provide a more accurate count of crime occurrences.
C. The Roanoke City Police Department is mandated to maintain accurate records on
activities which include in excess of 82,000 dispatched calls, 16,000 criminal arrests, and
21,000 traffic summonses annually. DCJS mandates for incident based reporting
capability become effective in 1999.
D. The Roanoke City Police Department is requesting to apply for funds under this
grant to expand local funding capabilities and obtain a incident based crime reporting
system through the bid and vendor evaluation process which provides the best service to
the City.
II. Current Situation
A. A Request For Proposal which includes Incident Based Reporting was developed
by City Information Systems (CIS) in coordination with the Police Department and a
professional consultant. That RFP prompted eight proposals for evaluation, and selection
of a records management system will be made by December, 1998. The total system cost
will be negotiated with the vendor selected, and is not known at this time.
Mayor David A. Bowers
Members of City Council
Report #98-416, Page 2
October 7, 1998
III.
IV.
B. The Department of Criminal Justice Services has advised that the City of
Roanoke is eligible to apply for a competitive award of up to $50,000 under this program
for 1999. This program award would require a local match amount of at least 50% of this
total.
C. Grant Funds of $24,800 are to be requested for the development, purchase, and
installation of a modem IBR management system in the Police Department.
D. The Local Match of $24,800 is available for this program in account
# 013-052-9801-9203. This represents a match of 50% of the combined program
expense of $49,600.
E. Bwne Grant Applications require evidence of cooperative agreements between
local law enforcement and the Virginia State Police concerning reporting and security
requirements. The Police Department is willing to provide such evidence.
Issues:
A. Need
B. Reporting Mandates
C. Funds Availability
Alternatives:
A. City Council Authorize Application for $24,800 in funding through the
Department of Criminal Justice Byme program in accordance with State grant
requirements.
Need exists to provide updated criminal incident information for both
internal City needs and for State and Federal reporting.
Reporting Mandates, increasing in complexity in 1999, are achievable with
a new IBR management system advanced by this Council action.
Funds Availability will be addressed by this Council action, with the local
match available in account # 013-052-9801-9203.
Mayor David A. Bowers
Members of City Council
Report #98-416, Page 3
October 7, 1998
B. City Council not authorize application for this funding through the DCJS Byme
Grant Program.
Need to provide updated criminal incident information for both intemal
City needs and for State and Federal reporting will not be met.
Reporting Mandates, increasing in complexity in 1999, will be difficult to
achieve.
o
Funds will not be available from the DCJS grant and local match funding
will not be expended.
V. Recommendation
A. City Council approve Alternative "A" to apply for funds from the Department of
Criminal Justice Services Byme Grant in the Incident Based Reporting Program.
B. Authorize the City Manager to sign and execute all appropriate documents to
obtain funding through the Byme Grant Program administered by the Department of
Criminal Justice Services.
WRH:ALG/wla
CCi
City Manager
Director of Finance
Director of Public Safety
Director of Human Development
Chief of Police
City Information Systems
Commonwealth's Attorney
Office of Grants Compliance
Budget Administrator
Respectfully submitted,
W. Robert Herbert
City Manager
Mary F. Parker, CMCIAAE
cay C~rk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File ~0-72-304
Sandra H. Eakin
Deputy c~y C~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34035-100798 authorizing acceptance of a grant
from the United States Department of Health and Human Services to provide services at
the City's Crisis Intervention Center (Sanctuary), in the amount of $106,606.00. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Andrea B. Krochalis, Manager, Crisis Intervention Center
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA.
The 7th day of October, 1998.
No. 34035-100798.
A RESOLUTION authorizing the acceptance of a grant from the United States
Department of Health and Human Services to provide services at the City's Crisis Intervention
Center (Sanctuary); and authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the United States Department of Health and
Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0396/01), in the
amount of $106,606, to be used to augment client services at the City of Roanoke's Crisis
Intervention Center through the Sanctuary Outreach Program as set out and described in the
City's application for said grant, and as more particularly set forth in the October 7, 1998, report
of the City Manager to this Council.
2. The City Manager, or the Assistant City Manager, is hereby authorized to execute
any and all requisite documents, including any documents providing for indemnification by the
City as are required for the City's acceptance of this grant, upon form approved by the City
Attorney, and to furnish such additional information as may be required in connection with the
City's acceptance of this grant.
3. The City Manager is further directed to furnish such additional information as
may be required by the United States Department of Health and Human Services in connection
with the City's acceptance of the grant.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMCIAAE
Cay C~k
October 12, 1998
8andra H. Eakin
o~puty city c~er~
File ~60-72-304
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34034-100798 amending and reordaining certain
sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of
$106,606.00 from the United States Department of Health and Human Services to
administer the Sanctuary Outreach Program for runaway and homeless children at the
Cdsis Intervention Center. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a regular meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Andrea B. Krochalis, Manager, Crisis Intervention Center
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 1998.
No. 34034-100798.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant
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 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
A~3~3ro~3riations
Health and Welfare $ 4,264,135
Runaway and Homeless 9~98 - 8~99 (1-17) ....................... 106,606
Revenue
Health and Welfare
Runaway and Homeless 9/98-8/99 (18) .........................
1) Regular Employee Wages
2) Temporary Wages
3) Retirement
4) ICMA Match
5) FICA
6) Health Insurance
7) Dental Insurance
8) Life Insurance
9) Long Term Disability
10) Fees for Professional
Services
11) Telephone
12) Cellular Telephone
13) Administrative Supplies
14) Dues/Memberships
(035-054-5135-1002)
(035-054-5135-1004)
(035-054-5135-1115)
(035-054-5135-1116)
(035-054-5135-1120)
(035-054-5135-1125)
(035-054-5135-1126)
(035-054-5135-1130)
(035-054-5135-1131 )
(035-054-5135-2010)
(035-054-5135-2020)
(035-054-5135-2021 )
(035-054-5135-2030)
(035-054-5135-2042)
74,604
5,005
6,714
325
6,090
4,968
510
537
187
1,000
200
650
831
685
$ 4,264,135
106,606
15) Training
16) Mileage
17) Program Activities
18) Federal Runaway and
Homeless Grant Funding
(035-054-5135-2044)
(035-054-5135-2046)
(035-054-5135-2066)
(035-054-5135-5135)
1,800
1,000
1,500
106,606
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
'98 P: :ql
October 7, 1998
Report #98-727
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Acceptance of United States Department of Health and
Human Services funds of the Runaway and Homeless Youth
Act.
BACKGROUND
ao
The City of Roanoke has received Proqram Grant Number
03CY0396/01 in the amount of $106,606 from the U.S.
Department of Health and Human Services to administer
Sanctuary's Outreach Program for runaway and homeless
children. These funds are used to cover the salaries and
fringes of a Youth Counselor Coordinator's position(a
shared position, only half of the salary, FICA and ICMA);
a Youth Counselor III; a Youth Counselor I position;
Temporary Relief Counselor, and related program
activities.
The U.S. Department of Health and Human Services awards
grants for services in three year cycles. The total
grant project period is currently September 1, 1998
through August 31, 2001.
Co
Goal of the qrant proqram - The primary goal is to reduce
the number of runaway, throwaway, homeless, and street
youth in our service community and to increase the number
of family reunifications among this population. The
Sanctuary Outreach Counselors partner with the youth and
families to resolve the issues that have lead their
families to crisis. Also, during youth's time with
Sanctuary Outreach, the staff and youth join together to
find a productive role for the youth in his or her
community.
The Honorable Mayor and Member of City Council
Page 2
October 7, 1998
Do
Accomplishments durinq the qrant period have included:
Provided weekly education and support groups in the
community for special populations who are at-risk
for homelessness and delinquency. These groups
include Womens Groups, Parent Groups, Aftercare,
Multi-Family Groups, and Young Womens Groups.
These groups are shared with other Crisis
Intervention Center programs.
The program has tracked the abuse of clients in
Womens Groups and Young Womens Groups, and found
that the abusive patterns in families typically
date back at least three generations. The Sanctuary
Outreach goal for both of these groups, as well as
the Parent Group and the Aftercare Group, is to
break the cycle of dysfunctional family patterns
and teach new healthy and appropriate coping
skills. The program has seen adult and adolescent
clients use their new skills to enhance and lead
healthier, more productive lives. This correlates
with the overall goal to reduce the number of
runaways and homeless youth and to increase family
reunification. Youth and adults learn to resolve
the issues creating the crisis opposed to avoiding
the issues and maintaining the abuse or the
dysfunction.
o
Provided weekly youth education/support groups.
Provide regular participation in the Roanoke City
School Student Support Teams by staff.
4. Served more than three hundred families.
o
Established therapeutic recreation program for at-
risk youth.
o
Youth receiving Sanctuary Outreach services are
expected to participate in providing community
service. Youth have participated in United Way
Week, Clean Valley Day of Caring and Adopt-A-Park
Program.
The Honorable Mayor and Member of City Council
Page 3
October 7, 1998
II. ISSUES
no
OVERCROWDING - an increased need for detention
alternatives, therapeutic placement, rehabilitation and
restitution exists in the Roanoke community.
A waitinq list of six to thirty children often
exists for placement at the Crisis Intervention
Center. Referrals for placements come through
the Juvenile and Domestic Relations District
Courts and Court Service Unit and the Department of
Social Services.
B o
IMMEDIATE RESPONSE TO CITIZENS- clients from the Crisis
Intervention Center's waiting list are provided services
to eliminate or reduce the need for removal from the
home. We also work with youth who are currently
runaways, throwaways, homeless or street youth with the
goal of family reunification.
Flexibility - Sanctuary Outreach is able to serve
clients who are not eligible for other Crisis
Intervention Center services.
C o
BUDGET - The Runaway & Homeless Youth Act funds have been
awarded to the City of Roanoke Sanctuary Outreach
Program. If acceptance of these funds is denied, funds
must be returned to the United States Department of
Health and Human Services.
III. ALTERNATIVES
no
Authorize the City Manaqer to execute required documents
to accept the United States Department of Health and
Human Services' Runaway and Homeless Youth Program Grant
number 03CY0396/01. Appropriate $106,606 in revenue and
expenditure accounts to be established and authorized by
the Director of Finance to the Grant Special Revenue
Fund.
Overcrowdinq - Sanctuary Outreach will continue to
provide services to clients until bed space is
available or is no longer needed.
The Honorable Mayor and Member of City Council
Page 4
October 7, 1998
o
Immediate response to citizen~ Enhances "customer
service" to our citizens, providing immediate
response to assist Roanoke City Department of
Social Services, Police and Courts, in intervening
with youth and their families.
o
Budqet - Grant funds have been awarded to the City
of Roanoke for use in the Sanctuary Outreach
Program. The required in-kind contribution does not
generate any additional cost to the City of
Roanoke. Local match is an in-kind contribution of:
so
Supervision from Sanctuary Crisis Intervention
Center Program Manager.
bo
City of Roanoke's administrative and support
services, as the program is housed in the
Crisis Intervention Center.
Do not authorize the City Manager to accept the United
States Department of Health and Human Services' Runaway
and Homeless Youth Program Grant, Number 03CY0396/01.
OVERCROWDING - Clients on the Sanctuary waiting
list will receive no services until bed space is
available.
BUDGET - Funds awarded to the City will have to be
returned to the U.S. Department of Health and Human
Services.
IV. RECOMMENDATIONS
Ao
Authorize the City Manager to execute grant agreement and
ancillary documents required to accept the United States
Department of Health and Human Services' Runaway and
Homeless Youth Program Grant, Number 03CY03961/01.
The Honorable Mayor and Member of City Council
Page 5
October 7, 1998
B o
Appropriate $106,606 of Federal grant funds to the Crisis
Intervention Center/Sanctuary Outreach Program to the
following revenue and expenditure accounts to be
established in the Grant Special Revenue Fund by the
Director of Finance:
1002
1004
1120
1115
1116
1125
1126
1130
1131
2010
2020
2021
2030
2042
2044
2046
2066
Regular Employee Salaries $74,604
Temporary Wages $ 5,005
FICA $ 6,090
Retirement $ 6,714
ICMA Match $ 325
Health Insurance $ 4,968
Dental Insurance $ 510
Life Insurance $ 537
Long Term Disability $ 187
Fees for Professional
Services (consultant) $ 1,000
Telephone (beeper) $ 200
Cellular Telephone $ 650
Administrative Supplies $ 831
Dues/Memberships $ 685
Training $ 1,800
Mileage $ 1,000
Program Activities $ 1,500
Federal Grant Revenue
$ 106,606
Respectfully Submitted,
W. Robert Herbert
City Manager
cc:
Glenn D. Radcliffe, Director of Human Development
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane Akers, Budget Administrator
Andrea Krochalis, Program Manager
JAMES D. GRISSO
Director of Finance
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P. O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
~.,., 22 P :38
JESSE A. HALL
Deputy Director
October 7, 1998
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re:
Results of the Transfer Option from the Employees' Retirement System (ERS) to
the Employees' Supplemental Retirement System (ESRS)
Dear Mayor Bowers and Members of Council:
On June 1, 1998, City Council approved an ordinance authorizing the City of Roanoke
Pension Plan to offer members of the Employees' Retirement System (Old System) an
opportunity to transfer to the Employees' Supplemental Retirement System (New
System). Implementation of this option allowed senior employees the opportunity to
participate in the same benefits that are provided to new employees. The "window of
opportunity" was opened July 1, 1998 and closed at 5:00 p.m. on August 31, 1998.
Since the program was concluded, results of this option are as follows:
161 of the 367 eligible members (44%) took advantage of the option; and
331 of 367 eligible employees attended one of the twelve group meetings that were
conducted at various work locations throughout the City by the retirement staff.
The following table provides you with an analysis of the employees who transferred by
category:
General Employees
Schools
Police
Fire
Roanoke Regional Airport
State Employees
Roanoke Valley Resource Authority
-Total
Total Eligible
to Transfer
Elected
to Transfer
295 122
49 22
8 5
2 2
I 1
7 5
5 4
367 161
Honorable Mayor and Members
of City Council
October 7, 1998
Page 2
I want to give special recognition to the Pension Plan staff for organizing and
implementing the Transfer Option presented for these 367 members. Joyce Sparks,
Retirement Administrator and Gloria Deese, Account Technician, spent a significant
amount of time and effort ensuring that every member had sufficient information to
make an informed decision regarding this opportunity.
This report is to provide City Council the results of this retirement program offered to
members of the Old System and no action is required.
Sincerely,
Director of Finance
JDG/JS:s
c: Joyce Sparks, Retirement Administrator
e:\wp60\Councll \Transf~r.rpt
Mary F. Parker, CMC/AAE
C~y C~rk
CITY OF ROANOKE
Office of the City Clerk
October 12, 1998
File f~60-414-467
Sandra H. Eakin
~puty c~y Ck, rk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34036-100798 amending and reordaining certain
sections of the 1998-99 Higher Education Authority Fund, providing for appropriation of
$5,379,000.00, for Higher Education Authority capital and development costs and increase
the corresponding revenue estimate. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Wednesday,
October 7, 1998.
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
The Honorable John S. Edwards, Acting Chair, Higher Education Authority, P. O.
Box 1179, Roanoke, Virginia 24006
W, Robert Herbert, City Manager
Deborah J. Moses, Assistant to the City Manager for Special Projects
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 1998.
No. 34036-100798.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Higher
Education Authority Fund, 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 Higher Education Authority Fund, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Operating/Development $ 182,500
Other Charges (1-3) .......................................... 120,000
Capital Outlay $ 5,259,000
Higher Education Center (4-5) .................................. 5,259,000
Revenues
Funding from the Commonwealth (6) ............................ $ 5,441,500
1) Fees for
Professional Services
2) Administrative Supplies
3) Training and Development
4) Architectural and
Engineering Fees
5) Construction of Structures
6) State Funding
(020-002-8720-2010)
(020-002-8720-2030)
(020-002-8720-2044)
(020-002-8721-9055)
(020-002-8721-9060)
(020-020-1234-1400)
$115,000
4,500
5OO
1,196,000
4,063,000
5,379,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
'98 ~,=~ 29 ~J:33
Roanoke, Virginia
October 7, 1998
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Appropriation of Funds and Adjustment of Revenue Estimate for the
Roanoke Higher Education Authority
I. Back~round
Ao
Virginia General Assembly adopted Chapter 813 of the 1997 Acts of
Assembly establishing the Roanoke Higher Education Authority. In
1998, funding was provided by the General Assembly in the amounts
of $5,379,000 for establishing the Authority and $62,500 in FY98-99
and FY99-00 each for operations.
The Roanoke Higher Education Authority is responsible for expanding
access to higher education and work force training in the Roanoke
Valley by establishing the Roanoke Higher Education Center with
such funds as are appropriated or made available for this purpose.
Co
On July 20, 1998, Roanoke City Council authorized the Director of
Finance to serve as the temporary fiscal agent for the Roanoke Higher
Education Authority.
Do
Funds in the amount of $62,500 were appropriated for FY99
operating costs and the corresponding revenue estimate by City
Council on August 17, by Ordinance #33989.
II. Current Situation
Ao
Funds in the amount of $5,379,000 have been received from the
Commonwealth of Virginia for establishing the Authority as outlined
by the Virginia General Assembly.
Bo
Council action is required to appropriate $5,379,000 so that funds
may be expended.
Page 2
October 7, 1998
III. Recommendation
Ao
City Council appropriate $5,379,000 in accounts to be established by
the Director of Finance for Higher Education Authority capital and
development costs and increase the corresponding revenue estimate.
Respectfully submitted,
James D. Grisso
Director of Finance
JDG/DG/pac
C-'
W'flburn C. Dibling, Jr., City Attorney
Deborah J. Moses, Assistant to the City Manager, Special Projects
Barry L. Key, Manager, Office of Management and Budget
Department of Finance
City of Roanoke, Virginia
October 7, 1998
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
August Financial Report
This financial report covers the first two months of the 1998-99 fiscal year. The following nan'ative
discusses revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 17.90% or $1,518,000 compared to FY98. Variances in
specific categories of revenues are as follows:
General Property Taxes declined $23,000 or 2.32%. Real estate taxes declined slightly while
penalties and interest increased.
Other Local Taxes are up $1,174,000 or 29.68% due to an increase in business and occupational
licenses (BPOL) caused by a timing difference. Sales tax revenue rose $173,000 or 12.60% from FY98
resulting from approximately $150,000 of sales tax revenue received in August 1998 which related to
FY98 sales. E911 telephone tax surcharge also increased.
Permits, Fees and Licenses rose 21.43% or $24,000 due to an increase in building inspection fees.
Fire protection permits and street opening permits also increased slightly.
Revenue from Use of Money and Property dropped $62,000 or 32.16% due to decreased rental
income from the Commonwealth Building.
Grants-in-Aid Commonwealth increased $537,000 or 23.55%. Alcoholic beverage control tax, wine
tax and law enforcement funding received through House Bill 599, which are received on a quarterly
basis, increased due to timing differences. Funds were received in August during FY99 but were not
received until September during FY98. Rental car revenue also increased.
Charges for Services declined $29,000 or 5.73% due to a decrease in weed cutting and demolition
charges which was partially offset by an increase in circuit court clerk fees.
Miscellaneous Revenue declined 68.77% or $17,000 due to a timing difference. The miscellaneous
revenue category includes proceeds from the sale of materials and surplus property, collections for
damages to city property and other miscellaneous revenue accounts.
Internal Services decreased $88,000 or 35.00% due to a decline custodial service billings. Fire safety
billings also decreased due to a timing difference.
Honorable Mayor and Members
Roanoke City Council
October 7, 1998
Page 2
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 6.15% or $2,008,000 since FY98.
Variances in individual expenditure categories are discussed as follows:
General government expenditures increased 113,000 or 6.66%. Contractual service expenditures by
the Occupational Health Clinic are up from FY98 due to increased drug and alcohol testing.
Expenditures of the Office of Billings and Collections rose due to the purchase of computer equipment.
CIS charges to the Commissioner of Revenue rose due to systems development related to the personal
property tax relief act mandated by the state.
Public Works expenditures decreased $499,000 or 7.87%. Expenditures by the Solid Waste
Management Department declined due to the purchase of approximately 36,000 automated waste
containers during FY98. This decline is partially offset by an increase in equipment purchases and a
decline in reimbursements received by Parks and Grounds Maintenance.
Health and Welfare expenditures increased $353,000 or 13.57%. Due to welfare reform, the City now
receives more funding designated for day care service payments. Day care service benefits provided
to clients increased substantially from FY98 to FY99 as a result. Human Services Committee
expenditures also increased due to timing differences.
Parks, Recreation and Cultural expenditures rose $87,000 or 10.77% as a result of increased
expenditures and a decline in reimbursements received by the Recreation department. Publication and
subscription expenditures by the Library also increased.
Transfer to Debt Service Fund is up 32.56% or $1,962,000. This increase is caused by an additional
amount being transferred in FY99 for the principal and interest payment made on August 1, 1998 for
the 1997 bonds.
Nondepartmental expenditures decreased $177,000 or 17.29% due to a decrease in the transfers to
fleet management and capital project funds.
I would be pleased to answer any questions which City Council may have regarding the monthly
financial statements.
JDG/THT/pac
Director of Finance
Attachments
Balance July 1, 1998
Ordinance
Number Date
CMT 138 07/31198
33974 08/17/98
33985 08/17/98
CMT 142 08/19/98
CMT 318 08/24/98
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
AUGUST 31, 1998
DePartment
Utilities & Operations
Transfer to Grant Fund
Transfer to Grant Fund
Planning & Community
Development
Memberships & Affiliations
Balance August 31, 1998
Purpose
Funding for a Portion of Shuffle Service
to Victory Stadium on July 4
Local Match for Drug Prosecutor
Grant
Local Match for VJCCCA Grant
Funding for Passenger Station
Rezoning Advertising
Roanoke Sister Cities
$379,244
(2,967)
(14,806)
(2,545)
(350)
(2,500)
$356,076
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date_for the Period
July 1- Aug 31 July 1- Aug 31
1997-98 1998-99
$990,572 $967,565
3,956,855 5,131,329
113,106 137,346
160,961 161,658
191,460 129,886
2,278,991 2,815,759
8,492 8,565
503,776 474,887
25,228 7,878
250,720 162,960
Current Fiscal Year
Percent of
Revised Revenue
Percentage Revenue Estimate
of Change Estimates Received
(2.32) % $68,208,685 1.42%
29.68 % 51,752,919 9.92%
21.43 % 623,800 22.02%
0.43 % 1,035,000 15.62%
(32.16) % 1,043,760 12.44%
23.55 % 40,209,167 7.00%
0.86 % 34,260 25.00%
(5.73) % 3,271,270 14.52%
(68.77) % 274,300 2.87%
(35.00) % 2,133,773 7.64%
17.90 % $168,586 934 5.93%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total
Year to Date for the Period
July 1 -Aug 31
1997-98
$1,691,823
741,451
6,182,982
6,345,503
2,602,571
806,844
464,741
6,025,720
6,751,022
1,020,980
$32,633,637
July 1 - Aug 31 Percentage
1998-99 of Change
$1,804,453 6.66 %
737,577 (0.52) %
6,150,699 (0.52) %
5,846,256 (7.87) %
2,955,621 13.57 %
Current Fiscal Year
Percent of
Unencumbered Revised Budget
Balance Appropriations Obligated
$9,436,194 $11,240,647 16.05%
3,736,618 4,474,195 16.49%
34,088,186 40,238,885 15.29%
18,242,736 24,088,992 24.27%
21,064,706 24,020,327 12.30%
893,755 10.77 % 3,460,202
446,832 (3.85) % 2,31 O, 123
7,987,926 32.56 %
6,974,505 3.31%
844,420 (17.29)%
$34~642~044 6.15 %
4,353,957 20.53%
2,756,955 16.21%
2,754,700 10,742,626 74.36%
34,872,524 41,847,029 16.67%
5,880,477 6,724,897 12 56%
$135,846,466 $170,488,510 20.32%
2
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July 1 - Aug 31 July 1 - Aug 31 Percentage
1997-98 1998-99 of Change
$699,406 $714,358 2.14 %
4,681,445 5,698,298 21.72 %
34,949 40,816 16.79 %
218,315 149,682 (31.44) %
6,751,022 6,974,505 3.31%
2,418,204 1,748,931 (27.68) %
$14,803,341 $15,326,590 3.53 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$8,269 520
35,953 544
2,924 162
3,158 735
41,847 029
3,299 394
$95,452,384
8.64%
15.85%
1.40%
4.74%
16.67%
NA
16.06%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
July l-Aug 31 July l-Aug 31 Percentage Unencumbered Revised
Expenditures 1997-98 1998-99 of Change Balance Appropriations
Instruction $3,958,414 $3,853,932 (2.64) %
General Support 519,377 525,247 1.13 %
TransportatJon 185,026 144,178 (22.08) %
Operation and
Maintenance of Plant 2,323,359 1,596,357 (31.29) %
Food Services 200,735 217,021 8.11%
Facilities 887,347 729,785 (17.76) %
Other Uses of Funds 3,141,958 3,531,142 12.39 %
Special Purpose Grants 2,286,722 3,299,394 44.28 %
Total $13,502,938 $13,897,056 2.92 %
$64,220,991
2,870,101
3,076,733
7,762,956
3,932,173
617,971
$82,480,925
$68,074,923
3,395,348
3,220,911
9,359,313
4,149,194
729,785
4,149,113
3,299,394
$96,377,981
Percent of
Budget
Obligated
5.66%
15.47%
4.48%
17.06%
5.23%
100.00%
85.11%
N/A
14,42%
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1998
General Government
Public Safety
Community Development
Recreation
Streets and Bridges
Sanitation Projects
Traffic Engineering & Communications
Other Infrastructure Projects
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding Unobligatad
Budget To Date Balance Encumbrances Balance
$15,832,608 $9,887,982 $5,944,626 $520,395 $5,424,231
362,350 52,460 309,890 140,578 169,312
1,081,000 115,128 965,872 924,747 41,125
1,585,375 569,263 1,016,112 243,252 772,860
23,230,213 14,883,413 8,346,800 5,015,783 3,331,017
1,362,308 983,532 378,776 90,877 287,899
2,383,764 1,795,969 587,795 329,433 258,362
20,446,684 7,384,114 13,062,570 5,559,116 7,503,454
13,685,540 13,685,540 13,685,540
$79,969,842 $35,671,561 $44,297,981 $12,824,181
$31,473,800
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1998
Education
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding
Budget To Date Balance Encumbrances
$40,147,622 $26,491,795 $13,655,827 $12,264,524
(12,314,321) (12,314,321) -
$27,833,301 $26,491,795 $1,341,506 $12,264,524
Unobligated
Balance
$1,391,303
(12,314,321)
($10,923,018)
4
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
County of Roanoke
Customer Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depredation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Miscellaneous Revenue
Interest and Fiscal Charges
Net Nonoperating Expenses
Net Income
FY1999
$542,762
496,283
40,690
3,789
321,378
75,346
1,480,248
224,678
388,067
237,491
850,236
630,012
57,921
5,204
5,366
(221,754)
(153,263)
$476,749
FY 1998
$537,032
480,362
38,987
3,971
281,356
126,500
1,468,208
219,176
417,942
236,095
873,213
594,995
55,752
3,670
7,931
(243,542)
(176,189)
$418,806
5
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues
Interest on Investments
Miscellaneous Revenue
Net Nonoperating Revenues
Net Income
FY 1999
$1,213,720
126,574
14,013
96,280
16,281
29,212
28,617
1,524,697
264,223
780,960
165,228
1,210,411
314,286
129,310
248
129,558
$443,844
FY1998
$1,204,072
153,231
34,671
105,102
16,479
25,714
8,959
1,548,228
263,522
475,759
162,742
902,023
646,205
84,574
5,683
90,257
$736,462
6
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Operating Revenues
Rentals
Parking Fee
Event Expenses
Adve~sing
Admissions Tax
Electrical
Commissions
Novelty Fees
Charge Card Fees
Total Operating Revenues
Operating Expenses
Personal Services
Opera, rig Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues
Interest on Investments
Miscellaneous
Total Nonoperating Revenues
Net Loss
FY1999
$59,387
2,932
13,399
122
2,056
1,280
11,159
354
131
90,820
150,224
146,895
67,528
364,647
(273,827)
12,384
999
13,383
($260,~.~.~.)
FY1998
$53,381
9,028
20,405
3,085
29,082
13,907
12,324
141,212
147,215
128,934
70,924
347,073
(205,861)
6,038
787
6,825
($199,036)
7
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Operating Subsidy for GRTC
Miscellaneous
Net Nonoperating Expenses
Net Income(Loss)
FY 1999
$48,459
76,114
31,810
57,423
41,728
11,016
266,550
84,372
91,854
176,226
90,324
481
(94,610)
(257,065)
205
(350,989)
($260,665)
FY 1998
$46,300
67,935
31,013
64,231
52,663
17,118
279,260
97,977
91,597
189,574
89,686
(3,297)
(58,106)
1,113
(60,290)
$29,396
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Operating Revenues
Conference Center
Total Operating Revenues
FY 1999
CONFERENCE
COMMISSION (1) CENTER (2)
$ - $ 367,376 $
- 367,376
TOTAL
FY 1998
367,376 $ 394,332
367,376 394,332
Operating Expenses
Commission
Conference Center
Total Operating Expenses
39,434
- 381,982
39,434 381,982
(39,434) (14,606)
39,434 6,260
381,982 367,697
421,416 373,957
(54,040) 20,375
Net Operating Income (Loss)
Nonoperating Revenues (Expenses)
Proceeds from Brick Sales
Interest on Investments
Conference Center
- - 275
8,272 - 8,272 2,950
- (3,335) (3,335) (2,129)
8,272 (3,335) 4,937 1,096
Net Nonoperating Revenues (Expenses)
Net Income (Loss) Before Depreciation
(31,162) (17,941) (49,103) 21,471
Depredation Expense/Replacement Reserve
77,498 7,348 84,846 85,381
Net Income (Loss)
Notes to Financial Statement:
($108,660) ($25,289) ($133,949) ($63,910)
(1) The column entitled "Commission" represents Commission activity in the City's financial records.
(2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center,
as provided by Doubletree Management.
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Operating Revenues
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest Revenue
Transfer from ot~er funds
Net Nonoperafing Revenues (Expenses)
Net Income (Loss)
TOTALS
City
Information Materials Management Utility Line Fleet RJsk
Systems Control Services Services Management Management FY 1999 FY 1998
$567,223 $19,422 $19,147 $456,999 $343,874 $586,986 $1,993,651 $1,856,693
557,223 19,422 19,147 458,999 343,874 586,986 1,993,65t 1,856,693
225,022 16,577 4,012 361,887 192,378 26,822 826,698 772,892
233,291 1,701 11,518 115,863 145,511 1,261,117 1,769,001 1,532,122
79,995 311 5,050 24,495 286,171 396,022 396,080
538,308 18,589 20,580 502,245 824,060 1,287,939 2,991,721 2,701,094
28,915 833 (1,433) (45,246) (280,186) (700,953) (998,070) (844,401)
33,056 (962) 2,028 12,729 4,255 87,860 138,966 130,996
95,068
33,056 (962) 2,028 12,729 4,255 87,860 138,966 226,064
$61,971 ($129) $595 ($32,517) ($275,931) ($613,093) ($859,104) ($618,337)
10
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED AUGUST 31, 1998
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED AUGUST 31, 1998.
BALANCE AT BALANCE AT BALANCE AT
_FUND_ JUL 31, 1998 RECEIPTS DISBURSEMENTS AUG 31, 1998 AUG 31, 1997
~ GENERAL $13,089,661.51 $7,787,444.82 $17,852,189.98 $3,024,916.35
WATER 4,707,705.03 875,892.09 252,169.71 5,331,427.41
SEWAGE 13,975,888.37 7,400,778.85 3,913,067.13 17,463,600.09
CIVIC CENTER 1,344,732.11 65,880.86 162,558.83 1,248,054.14
TRANSPORTATION (204,515.30) 133,148.35 317,454.27 (388,821.22)
CAPITAL PROJECTS 39,101,620.17 357,429.05 1,780,791.59 37,678,257.63
CONFERENCE CENTER 900,340.67 4,505.51 21,358.10 883,488.08
JUVENILE DETENTION 0.00 0.00 0.00 0.00
DEBT SERVICE 1,214,593.45 2,054,594.47 537.50 3,268,650.42
CITY INFORMATION SYSTEMS 3,670,974.75 364,292.90 362,956.83 3,672,310.82
MATERIALS CONTROL (125,431.33) 185,483.73 67,114.12 (7,061.72)
MANAGEMENT SERVICES 216,684.79 23,421.21 6,625.32 233,480.68
UTILITY LINES SERVICES 1,479,335.55 202,742.73 56,696.23 1,625,382.05
FLEET MANAGEMENT 497,535.84 266,705.94 121,332.81 642,908.97
i PAYROLL (7,530,564.29) 8,336,711.82 8,815,347.53 (8,009,200.00)
!RISK MANAGEMENT 9,354,975.24 1,172,478.45 367,330.63 10,160,123.06
i HIGHER EDUCATION AUTH 0.00 62,500.00 202.02 62,297.98
!PENSION 975,981.45 442,323.74 965,819.01 452,486.18
. SCHOOL FUND 5,385,631.90 7,932,700.05 2,264,837.00 11,053,494.95
SCHOOL CAPITAL PROJECTS (345,230.90) 587,813.66 437,477.04 (194,894.28)
FDETC 130,014.34 185,700.00 188,582.33 127,132.01
GRANT 591,293.27 202,219.16 139,626.54 653,885.89
$7,075,358.96
5,224,254.08
22,522,937.05
554,545.45;
(481,964.60)i
33,333,173.78 I
322,267.59
0.00
2,952,963.03,
2,152,633.23
(63,248.27)
224 801.42r
1,690,611.881
1,409,054.18
(7,578,879.35)i
9,278,786.16
0.00:
438,193.25 '
10,487,375.28
0.00
17,301.08
1,118,822.02
TOTAL
$88,431,226.62 $38,644,767.39 $38,094,074.52 $88,981,919.49 $90,678,986.22
CERTIFICATE
HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED AUGUST 31, 1998.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN TRANSIT
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
COMMERCIAL PAPER
REPURCHASE AGREEMENTS
U. S. TREASURY NOTES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$280,587.56
(77,788.26)
8,160,000.00
12,943,984.44
33,000,000.00
9,462,005.56
25,213,130.19
$88,981,919.49
DATE: SEPTEMBER 10, 1998
11
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 2 MONTHS ENDING AUGUST 31, 1998
Revenue
1998
1997
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
Total Revenue
$642,423
334,570
343,317
4,999
$1,325,309
$684,763
281,189
970,306
7,694
$1,943,952
Expenses
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Active Service Death Benefits
Administrative Expense
City Supplement to 65
Total Expenses
Net Income (Loss)
$1,543,741
7,289
36,979
2,041
2,067
1,592,117
($266,808)
$1,468,563
29,754
53,692
16,216
7,787
1,576,012
$367,940
12
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AUGUST 31, 1998
Assets
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
Total Assets
1998 $278,330,948
1997 $258,726,931)
1998
$443,170
226,945,633
3,526
18,000
$227,410,329
1997
$437,421
211,188,547
58
18,000
$211,644,026
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$775,135
84
775,219
226,901,918
(266,808)
226,635,110
$227,410~329
$744,229
744,229
210,531,857
367,940
210,899,797
$211,644~026
13
Mary F. Parker, CMC/AAE
c~y Ckrk
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
File #72-304-373-468
8andra H. Eakin
r~puty c~y C~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34040-100798 authorizing the City Manager to enter
into an agreement with Crystal Tower Building Corporation for the leasing of office space
within the Crystal Tower Building to house the staff of Managed Health Services, Inc. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMClAAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Glenn D. Radcliffe, Director, Human Development
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Delores C. Daniels, Assistant to the City Manager for Community Relations
W. Robert Herbert
October 13, 1998
Page 2
pc:
Glenn A. Asher, Risk Management Officer, Risk Management
Sarah E. Fitton, Engineering Coordinator
Fran Dickerson, Administrator, Comprehensive Services Administration
H:~.G ENDAg6'K:)CTT.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34040-100798.
AN ORDINANCE authorizing the City Manager to enter into an agreement with Crystal
Tower Building Corporation, for the leasing oF office space within the Crystal Tower Building to
house the staff of Managed Health Services, Inc., upon certain terms and conditions; and providing
For an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
I. The City Manager and the City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, an appropriate lease agreement with Crystal
Tower Building Corporation, for the lease of 530 square feet of office space located on the Fifth
Floor of the Crystal Tower Building at 145 Campbell Avenue, S.W., to house the staffofManaged
Health Services, inc.: said lease shall be for a term of one year, with automatic year-to-year renewal
thereafter, unless either party gives 30 days written notice of termination; the annual lease rate is
$11.50 per square foot of space~ said lease shall be upon the other terms and conditions as more
particularly described in the report to this Council from the Water Resources Committee dated
October 7, 1998.
2. 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:
II ( )RI)-~;I N (
City Clerk.
'98 ,?? 25 P1:26 October 7, 1998
Report No. 98-365
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Comprehensive Services Act Contract for Utilization Management
Services - Leased Space for Managed Health Services, Inc.
The attached staff report was considered by the Water Resources Committee at its regular
meeting on September 21, 1998. The Committee recommends that Council authorize the
execution of a lease agreement containing such terms and conditions as summarized in the
attached report, providing however that the number of one year renewals will be limited to four
(4), and such additional terms and conditions as required by the City Manager, in a form
approved by the City Attorney.
Respectfully submitted,
Linda F Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
CC;
Wilburn C. Dibling, Jr., City Attomey
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Glenn D. Radcliffe, Director of Human Development
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator
D. D. Daniels, Assistant to City Manager for Community
Glenn A. Asher, Risk Manager
Sarah Fitton, Engineering Coordinator
Fran Dickerson, CSA Administrator
Report No. 98-365
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 21, 1998
Members, ~/a.ter Resources Committee
/ Kit B. Kiser, ~t~l~ilities and Operations thru
W. Robert ~q~ity Manager
Comprehensive Services Act Contract for Utilization Management
Services - Leased Space for Managed Health Services, Inc.
Background on the subject in chronological order is as follows:
The Comprehensive Services Act (CSA) for At-Risk Youth and Families,
which became effective July 1, 1993, provides for non-residential or
residential services for at-risk youth and their families.
In order to qualify for CSA funding, localities must incorporate utilization
management/utilization review procedures for placements utilizing CSA
funding.
An agreement with Managed Health Services, Inc. to implement and support
a utilization monitoring and case management program was entered into July
22, 1998.
Do
Agreement provides that the Roanoke City Department of Human
Development will provide office space to house the Managed Health
Services, Inc. staff.
II.
Current situation is as follows:
530 square feet of space has been located in the Crystal Tower Building, 145
W. Campbell Avenue, that is suitable to house the Managed Health
Services, Inc. staff.
Members, Water Resources Committee
Leased Space for Managed Health Services, Inc.
Page 2
September 21, 1998
Do
Eo
The terms of a lease agreement were negotiated as follows:
1. Number of Square Feet
530
2. Term of Lease
One year, automatic year-to-
year renewal thereafter, unless
either party gives 30 days written
notice of termination
Availability of Funding
Lessor agrees that lessee is
bound only to the extent that
funds are appropriated by the
City
4. Annual Lease Rate
$11.50/square foot
5. Intended Use Office space
6. Location
Fifth Floor of Crystal Tower
Building, 145 Campbell Avenue
7. Electricity
Provided by landlord
8. Light Janitorial Services
Provided by landlord
Proposed lease requires the City to indemnify the Lessor from and against
any and all liability, cost, expense, claims, or judgments arising from injury
resulting from City's default or the negligent or intentional act or omission of
the City, its agents, employees, invitees, and others, in connection with the
leased premises.
Proposed lease will be for a period of one year, at a rate of $507.92 per
month, which calculates to be $11.50 per square foot per year including
electricity and light janitorial service. This is considered a very competitive
price for finished office space.
Proposed lease agreement between the City and Crystal Tower Building
Corporation must be approved by City Council.
Members, Water Resources Committee
Leased Space for Managed Health Services, Inc.
Page 3
September 21, 1998
III.
Issues in order of importance are as follows:
A. Need
B. Timing
C. Cost
IV.
Alternatives in order of feasibility are as follows:
Water Resources Committee recommends that City Council authorize the
execution of a Lease Agreement containing such terms and conditions as
summarized above and such additional terms and conditions as required by
the City Manager, in a form approved by the City Attorney.
Water
Need of Managed Health Services, Inc. for office space is met.
Timing to allow relocation of staff as quickly as possible will be met.
Cost is $507.92 per month. Funds are available in Human
Development Comprehensive Services Act Account #001-054-5410.
Resources Committee does not recommend that City Council
authorize the execution of a Lease Agreement containing such terms and
conditions as summarized above and such additional terms and conditions
as required by the City Manager, in a form approved by the City Attorney.
1. Need of Managed Health Services, Inc. for office space is not met.
2. Timing to allow relocation of staff as quickly as possible will not be
met.
3. Cost is the potential loss of state funding for this program.
Mo
Water Resources Committee recommends that City Council authorize the execution
of a Lease Agreement containing such terms and conditions as summarized above
and such additional terms and conditions as required by the City Manager, in a
form approved by the City Attorney, in accordance with Alternative "A".
Members, Water Resources Committee
Leased Space for Managed Health Services, Inc.
Page 4
September 21, 1998
WRH/KBK/SEF
CC~
City Attorney
City Clerk
Director of Finance
Director of Human Development
Director of Utilities and Operations
Budget Administrator
Assistant to City Manager for Community Relations
Risk Manager
City Engineer
Engineering Coordinator
CSA Administrator
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMCIAAE
Cay Ck, rk
October 13, 1998
~andra H. Eakin
Deputy C~y Ck~rk
File #20-57-60-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34043-100798 providing for acquisition of certain
property dghts needed by the City for the Lafayette/Cove Road Sidewalk Project; setting
a limit on the consideration to be offered by the City; and providing for the City's
acquisition of such property by condemnation, under certain circumstances. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Delores C. Daniels, Assistant to the City Manager for Community Relations
Robert K. Bengtson, Traffic Engineer
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34043-100798.
AN ORDINANCE providing for the acquisition of certain property rights needed by
the City for the Lafayette/Cove Road Sidewalk Project; setting a limit on the consideration
to be offered by the City; providing for the City's acquisition of such property by
condemnation, under certain circumstances; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the construction of sidewalks, curb and gutters for the
Lafayette/Cove Road Sidewalk Project, the City wants and needs certain real property fights
on property bearing Official Tax Nos. 2460401, 2460402, 2460403, 2460407, 2460408,
2450125, 2450101, 2450118 and 2450102, as set forth in the report and attachment thereto
of the Water Resources Committee dated October 7, 1998. The proper City officials are
authorized to acquire this property for such consideration as the City Manager may deem
appropriate, subject to the limitation set out below and subject to applicable statutory
guidelines. All requisite documents shah be upon form approved by the City Attorney.
2. A public necessity and use exists for the acquisition of said property and
immediate acquisition by purchase or condemnation is necessary and expedient.
3. The City Manager is directed to offer on behalf of the City to offer the owner
of the property such consideration as he deems appropriate; provided, however, the total
consideration offered or expended and any and all necessary closing costs, including but not
limited to appraisal, title reports, preparation of necessary documents and recordation costs,
shah not exceed $20,000.00 without further authorization of Council. Upon the acceptance
of an offer and upon delive~ to the City of deeds, approved as to form and execution by the
City Attorney, the Director of Finance is directed to pay the consideration to the owners of
the interests conveyed, certified by the City Attorney to be entitled to the same.
4. Should the City be unable to agree with the owners of the properties to be
acquired as to the compensation to be paid or other terms of purchase or settlement, or should
the owners be persons under disability lacking capacity to convey said property rights or
should the whereabouts of the owners be unknown, the City Attorney, is authorized and
directed to institute condemnation or legal proceedings to acquire for the City the appropriate
property rights.
5. In instituting or conducting any condemnation proceeding, the City Attorney
is authorized to make motion on behalf of the City for a right of enuy pursuant to Section 25-
46.8 or Section 33.1-119 of the Code of Virginia (1950), as amended, for the purpose of
commencing the project. The Director of Finance, upon request of the City Attorney, shall
be authorized and directed to draw and pay into Court the appropriate sums in connection
with such proceedings.
6. 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:
H:~ EAF~URES~O-LACOV~. I
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMCIAAE
C~y Ck~rk
October 13, 1998
8andra H. Eakin
Deputy City Clerk
File #20-57-60-468
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34042-100798 amending and reordaining certain
sections of the 1998-99 Capital Projects Fund Appropriations, providing for transfer of
$20,000.00, in connection with acquisition of certain property rights needed by the City for
the Lafayette/Cove Road, N. W., sidewalk project. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Wednesday, October 7, 1998.
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Delores C. Daniels, Assistant to the City Manager for Community Relations
Robert K. Bengtson, Traffic Engineer
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 1998.
No. 34042-100798.
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~)ropriations
Capital Improvement Reserve
Public Improvement Bonds - Series 1996 (1) .....................
Streets and Bridges
Lafayette/Cove Road Sidewalk Project (2) .......................
1)
$
2)
Streets and
Sidewalks (008-052-9701-9191) (20,000)
Appropriated from
Bond Funds (008-052-9714-9001) 20,000
$ 13,665,540
4,533,327
$ 23,250,213
20,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
October 7, 1998
Report No. 98-367
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Property Rights Acquisition for Lafayette/Cove Road Sidewalk
Project
The attached staff report was considered by the Water Resources Committee at its regular
meeting on September 21, 1998. The Committee recommends that Council take the following
actions, in accordance with conditions stated in the attached report:
Authorize the acquisition of property rights as shown on Attachment A, in a
form acceptable to the City Attorney. Said property rights may be acquired
by negotiation or eminent domain, and include fee simple, permanent
easements, temporary construction easements, right-of-way, and licenses or
permits.
Transfer $20,000.00 from the 1996 Bond Issue Account 008-052-9701-9191 to an
account to be established by the Director of Finance, entitled "Lafayette/Cove Road
Sidewalk Project".
Co
Authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents, in a form
approved by the City Attorney, to acquire this property.
Respectfully submitted,
~ Chanperson
Water Resources Committee
LFW:KBK:afm
Attachment
cc: Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator
D. D. Daniels, Assistant to City Manager for Community
Robert K. Bengtson, Traffic Engineer
Sarah Fitton, Engineering Coordinator
Report No. 98-367
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 21, 1998
Aember~ Water Resources Committee
· Kiser, Direclo.~t~ities and Operations thru
W. Robert Herbert~J~'lanager
PROPERTY RIGHTS ACQUISITION FOR
LAFAYETTE/COVE ROAD SIDEWALK PROJECT
Background in chronological order is as follows:
Increased traffic along Cove Road is creating concern for pedestrian
safety. Traffic is likely to continue to increase.
Residents have requested a review of pedestrian facilities in the
Cove/Hershberger Road corridor. City staff has identified an area along
Cove Road between Lafayette and Aspen that would benefit from the
construction of sidewalk, curb and gutter.
New concrete sidewalks, entrances, curb and gutter improvements were
approved as part of the 1996 Bond Issue.
II.
Current Situation is as follows:
Plans have been developed for the construction of the sidewalk. Property
rights as shown on Attachment A are needed to implement the
construction of the sidewalk. Negotiations with property owners are
proceeding well.
Authorization is needed to move forward with procurement of title work,
appraisals, and document preparation related to acquisition of the
necessary property rights.
Pro!ect costs for acquisition of property rights are estimated to be
$20,000.00.
Water Resources Committee
PROPERTY RIGHTS ACQUISITION FOR
LAFAYETTE/COVE ROAD SIDEWALK PROJECT
September 21, 1998
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
IV.
Alternatives in order of feasibility are:
Ao
Water Resources Committee recommends that City Council authorize the
City Manager to take appropriate action in order to accomplish the
acquisition of all necessary property rights for the construction of the
project, in a form acceptable to the City Attorney. Said property rights
may be acquired by negotiation or eminent domain and include fee
simple, permanent easements, temporary construction easements, right
of way, and licenses or permits.
1. Need for necessary property rights to construct the project is met.
2. Timing to allow construction of project as soon as possible is met.
Funding totaling $20,000.00 is available from the proceeds of the
1996 Bond Issue in account number 008-052-9701-9191.
Water Resources Committee does not recommend that City Council
authorize the City Manager to take appropriate action in order to
accomplish the acquisition of all necessary property rights for the
construction of the project, in a form acceptable to the City Attorney. Said
property rights may be acquired by negotiation or eminent domain and
include fee simple, permanent easements, temporary construction
easements, right of way, and licenses or permits.
1. Need for necessary property rights to construct the project is not met.
2. Timing to allow construction of project as soon as possible is not met.
Water Resources Committee
PROPERTY RIGHTS ACQUISITION FOR
LAFAYETTE/COVE ROAD SIDEWALK PROJECT
September 21, 1998
Page 3
Funding will remain in the anticipated bond proceeds of the 1996
Bond Issue.
Water Resources Committee recommends that Cit.v Council take the
following actions, in accordance with Alternative "A".
Authorize the acquisition of property rights as shown on Attachment A, in
a form acceptable to the City Attorney. Said property rights may be
acquired by negotiation or eminent domain, and include fee simple,
permanent easements, temporary construction easements, right of
way, and licenses or permits.
Transfer $20,000.00 from the 1996 Bond Issue Account 008-052-9701-
9191 to an account to be established by the Director of Finance entitled
"Lafayette/Cove Road Sidewalk Project"
Co
Authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents, in a
form approved by the City Attorney, to acquire this property.
WRH/KBK/SEF
Attachments
CC;
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Traffic Engineer
Engineering Coordinator
Budget Administrator
Attachment A
Tax ~o.
2460401
2460402
2460403
2460407
2460408
2450125
2450101
2450118
2450102
Owner
Keeling, Barbara
Keeling, Barbara
Nelson, Eartha & Patterson, Verna
Hamilton, Marvin & Carol
Unified Investors Group, Inc.
Bethleham Outreach Ministries
Ridley, Morris & Mary
Akerson, Robert Jr.
Epps, Pauline
Property Address
2746 Cove Road, NW
2738 Cove Road, NW
2720 Cove Road, NW
Cove Road, NW
2620 Cove Road, NW
2612 Cove Road, NW
Cove Road, NW
1566 Lafayette Boulevard, NW
Mary F. Parker, CMCIAAE
Cay C~rk
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
Sandm H. Eakin
Deputy City Clerk
File #28-102-386-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A report of the Water Resources Committee recommending execution of the appropriate document
granting an easement across City-owned property to Bell Atlantic-lf~rginia, Inc., for the Brambleton
Avenue Bridge Replacement Project, was before the Council of the City of Roanoke at a regular
meeting which was held on Wednesday, October 7, 1998.
On motion, duly seconded and unanimously adopted, Council authorized a public hearing to be held
on Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard in the
City Council Chamber, 215 Church Avenue, S. W.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
D. Michael Davis, Engineer, Bell Atlantic-Virginia, Inc., 4843 Oakland Blvd., N. E.,
Roanoke, Virsinia 24012
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
John W. Coates, Manager, Parks and Recreation
Delores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
'98 ~i!i:~ 25 P l:2d
October 7, 1998
Report No. 98-368
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Easement on City Owned Property for Bell Atlantic - Virginia, Inc.
for Brambleton Avenue Bridge Replacement Project
The attached staff report was considered by the Water Resources Committee at its regular
meeting on September 21, 1998. The Committee recommends that Council schedule a public
hearing and, lacking any comments to the contrary, authorize the execution of the appropriate
document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc., in
accordance with conditions stated in the attached report.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
CC:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
John W. Coates, Manager, Parks & Recreation
D. D. Daniels, Assistant to City Manager for Community
Sarah Fitton, Engineering Coordinator
D. Michael Davis, Engineer, Bell Atlantic - Virginia, Inc.
Report No. 98-368
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 21, 1998
ember~, Water Resources Committee
· Kiser, Directo, A J~tilities and Operations thru
W. Robert Herl~e~,~Manager
EASEMENT ON CITY OWNED PROPERTY FOR BELL
ATLANTIC - VIRGINIA, INC. FOR BRAMBLETON
AVENUE BRIDGE REPLACEMENT PROJECT
Background in chronological order is as follows:
City Council approved the acquisition of property rights for the replacement of
the Brambleton Avenue Bridge by Ord. No. 32883-040196.
Fishburn Park runs alongside Brambleton Avenue in the area where the bridge
will be replaced, near the intersection of Ross Lane.
Bell Atlantic - Virginia, Inc. (Bell Atlantic) has underground conduit in the area
where the bridge replacement construction will be. See attached plat.
I1.
Current situation is as follows:
Construction of the new bridge will require relocation of Bell Atlantic's existing
underground conduit.
An easement across Fishburn Park property has been requested by Bell
Atlantic in order to relocate their underground conduit. See attached letter.
III.Issues in order of importance are:
A. Need
B. Timing
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY FOR BELL
ATLANTIC - VIRGINIA, INC. FOR BRAMBLETON
AVENUE BRIDGE REPLACEMENT PROJECT
September 21, 1998
Page 2
IV. Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
execution of the appropriate document, in a form approved by the City Attorney,
granting an easement to Bell Atlantic - Virginia, Inc. across City-owned property.
1. Need for easement to allow relocation of the underground conduit is met.
Timing to allow conduit to be relocated in order to avoid project delays is
met.
Water Resources Committee does not recommend that City Council authorize
the execution of the appropriate document, in a form approved by the City
Attorney, granting an easement to Bell Atlantic - Virginia, Inc. across City-
owned property.
Need for easement to allow relocation of the underground conduit is not
met.
Timing to allow conduit to be relocated in order to avoid project delays is
not met.
Mo
Water Resources Committee recommends that City Council authorize execution of
the appropriate document granting an easement across City-owned property to Bell
Atlantic - Virginia, Inc., in accordance with Alternative "A".
WRH/KBK/SEF
Attachments
CC:
City Attorney
Director of Public Works
Director of Utilities and Operations
Manager, Parks and Recreation
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Bell Atlantic - ~qrginia, Inc.
4843 Oakland Blvd., 2nd Floor
Roanoke, X,:A 24012
F:tc'ilitics \lanagcmcnt
September 4, 1998
Ms. Sarah Fitton
Engineering Coordinator
City of Roanoke
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms. Fitton:
RE: BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT
This letter is to request an easement to relocate our underground conduit system on the
above project.
The easement is shown on the attached plan sheet and involves Fishbum Park Tax No.
1370201.
Enclosed is our easement form that needs to be signed by the appropriate person.
Please contact me or Mike Slusher on 540-265-7578 for any additional information you
may require.
Sincerely,
D. Michael Davis
Engineer
540-265-7507
Z
~ THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34046-100798.
A RESOLUTION changing the place of commencement of the regular meeting of
City Council scheduled to be held at 12:15 p.m., on Monday, October 19, 1998.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The place of commencement of the meeting of City Council scheduled to be
held at 12:15 p.m. on Monday, October 19, 1998, in City Council Chambers at 215 Church
Avenue, S. W., is hereby changed to the Fralin Atrium at the Jefferson Center, 541 Luck
Avenue, S. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date
to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue,
S.W., in the City of Roanoke.
2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the
extent it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be posted
adjacent to the doors of the Council Chambers and inserted in a newspaper having general
circulation in the City at least seven days prior to October 19, 1998.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34047-100798.
A RESOLUTION changing the place of commencement of the regular meeting of
City Council scheduled to be held at 12:15 p.m., on Monday, December 7, 1998.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The place of commencement of the meeting of City Council scheduled to be
held at 12:15 p.m. on Monday, December 7, 1998, in City Council Chambers at 215 Church
Avenue, S. W., is hereby changed to the Woodrow Wilson Middle School Library, 1813
Carter Road, S. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same
date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue,
S.W., in the City of Roanoke.
2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the
extent it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be posted
adjacent to the doors of the Council Chambers and inserted in a newspaper having general
circulation in the CiW at least seven days prior to December 7,1998.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34048-100798.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for
the Annual Business Meeting of the National League of Cities.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the National League of Cities Conference to be held on December 1-5,
1998, in Kansas City, Missouri, and any Business Meetings in connection with such
Conference, the Honorable William White, Sr., is hereby designated Voting Delegate, and
the Honorable W. Alvin Hudson, Jr., Council Member, is hereby desigmted Alternate Voting
Delegate on behalf of the City of Roanoke, Virginia.
2. Mary F. Parker, City Clerk, is directed to take any action required by the
National League of Cities with respect to certification of the City's official Voting Delegate
and Alternate Voting Delegate.
ATTEST:
City Cleric
S ~ / )l&~t.~8/Z- VO,I'IIZ~. 7
1998 CONGRESS OF CITIES - KANSAS CITY, MISSOURI
To: Chair, Credentials Committee
National League of Cities
1301 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
The official voting delegate and alternates for the City of
VOTING DELEGATE
Roanoke
William White, Sr. Council Member
NAME TITLE
Roanoke VirRinia
CITY STATE
2. W. Alvin Hudson. Jr.
NAME TITLE
ALTERNATE VOTING Di~L~FGATI~'_.~
Co-ncil M~mber 3.
NAME
TITLE
CI~--' ~) ~~f~E~ · CI~ STATE
1. ~E ~ N~ ~L ~ S~D~ ~ ~ E ~ ~C 0~ USE O~Y.
Mary F. Parker, CMCIAAE
C~y C~rk
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
File #51-132-514
Sandm H. Eakin
Deputy C~ C~rk
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 Wednesday,
October 7, 1998, Council Member Swain expressed concern with regard to notification of
and attendance by citizens at public hearings conducted by Council. He requested that
a wider range of notification be provided for future public hearings; i.e.: newspaper, RVTV
Channel 3, local magazines, and area church bulletins/announcements, etc.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
Angelita Y. Plemmer, Public Information Officer
Melinda Mayo, Public Information Specialist
Mary F. Parker, CMCIAAE
city C~erk
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
File #137-165
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Wilbum C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Wednesday,
October 7, 1998, Vice-Mayor Harris called attention to a presentation by the City Manager
and others at a meeting of the Commission on the Future of Virginia Cities on October 6,
1998, in which the City Manager outlined certain ways that the Commonwealth of Virginia
could provide cities with more authority to address neighborhood concerns. He requested
that pertinent information be included in the City's 1999 Legislative Program.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: The Honorable William White, Sr., Chair, Legislative Committee
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
October 13, 1998
File #25-247-258
Dr. Raymond D. Smoot, Jr., Secretary
Hotel Roanoke Conference Center Commission
c/o Virginia Tech
312 Burruss Hall
Blacksburg, Virginia 24061
Paul G. Beers, Attorney
P. O. Box 2887
Roanoke, Virginia 24001
Gentlemen:
I am attaching copy of Resolution No. 34049-100798 assigning any and all claims and causes of
action the City of Roanoke may have against Hayes, Seay, Mattern & Mattem, Inc., to the Hotel
Roanoke Conference Center Commissiort The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting which was held on Wednesday, October 7, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc:
John H. Parrott, Chair, Hotel Roanoke Conference Center Commission, P. O. Box 1628,
Roanoke, Virginia 24008
W. Robert Herbert, Member, Hotel Roanoke Conference Center Commission
Deborah J. Moses, Director, Hotel Roanoke Conference Center Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of October, 1998.
No. 34049-100798.
A RESOLUTION assigning any and all claims and causes of action the City of
Roanoke may have against Hayes, Seay, Mattem & Mattern, Inc., to the Hotel Roanoke
Conference Center Commission.
WI-IE~, the Hotel Roanoke Conference Center (Center) is owned and operated
by the Hotel Roanoke Conference Center Commission (Commission), a political subdivision
of the Commonwealth;
WHEREAS, on August 6, 1993, prior to the creation of the Commission, the City of
Roanoke (City) entered into an Agreement for Consultant Services with Hayes, Seay,
Mattem & Mattem, Inc. (HSMM) whereby HSMM would oversee, inspect and monitor
design and construction of the Center in accordance with both industry standards and project
plans, drawings and specifications;
WHEREAS, the City always intended the Commission to be the beneficiary of its
contract with HSMM;
WHE~, the Commission has discovered several substantial and latent defects in
the Center, and it is anticipated that such defects may also appear in other parts of the Center
in the future;
WHEREAS, the Commission will incur substantial expense and monetary damages
in remedying such defects in the Center;
WHEREAS, the City has claims and causes of action against HSMM arising out of
the Agreement for Consultant Services, dated August 6, 1993; and
WHEREAS, the City is desirous of assigning any and all claims and causes of action
the City may have against HSMM to the Commission;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Any and all claims and causes of action the City may have against HSMM
arising out of the Agreement for Consultant Services, dated August 6, 1993, between the City
and HSMM are hereby assigned to the Commission.
2. The Clerk is directed to forward an attested copy of this Resolution to Dr.
Raymond D. Smoot, Ir., Secretary, Hotel Roanoke Conference Center Commission, and Paul
G. Beers, attorney for the Commission.
ATTEST:
City Clerk
Mary F. Parker, CMCIAAE
c~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
October 13, 1998
File #25-501
Sandra H. Eakin
Deputy City Clerk
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
At a regular meeting of the Council of the City of Roanoke which was held on Wednesday,
October 7, 1998, Council authorized the City to participate in the litigation brought against
certain tobacco defendants by Trigon Blue Cross Blue Shield in the United States District
Court for the Eastern District of New York; Trigon is directed to take any and all action it
deems appropriate with respect to such litigation on behalf of the City, including but not
limited to, the negotiation of any settlements and the granting of any and all releases
necessary thereto; the City agrees to indemnify and hold harmless Trigon and its affiliates
from any claims related to the City's Health Insurance Plan, such litigation, and any
settlement or distribution of settlement. Council further authorized the City Attorney to take
any action, including the assignment of claims to Trigon, which he deems necessary and
appropriate to implement the action of Council.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
W. Robert Herbert, City Manager
Kenneth S. Cronin, Manager, Personnel
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 October, 1998, KEVIN A.
DECK was reappointed as a member of the Architectural Review Board for a term
ending October 1, 2002.
Given under my hand and the Seal of the City of Roanoke this 13th day of
October, 1998.
City Clerk
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 October, 1998, ROBERT
B. MANE'CIA was reappointed as a member of the Architectural Review Board for
a term ending October 1, 2002.
Given under my hand and the Seal of the City of Roanoke this 13th day of
October, 1998.
City Clerk
COMMONWEALTH OFVIRGINIA )
) 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 held on
the seventh day of October, 1998, PHILLIP F. SPARKS was appointed as a City Representative
to the First Virginia Regional Industrial Facility Authority for a term ending September 24, 2002.
1998.
Given under my hand and the Seal of the City. of Roanoke this twentieth day of October,
City Clerk