HomeMy WebLinkAboutCouncil Actions 10-10-94EDWARDS
32197
REGULAR WEEKLY SESSION
ROANOKE CIIT COUNCIL
October 1 O, 1994
10:00 a.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. A~ Presen~
The Invocation was delivered by the Reverend David C. Brown,
Associate Rector, St. Johns Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
Welcome. Mayor Bowers.
The regular meeting of the Greater Roanoke Transit Company will be
held at 11:30 a.m., in the City Council Chamber.
A joint informal meeting of Roanoke City Council and the D-Day
War Memorial Committee will be held at 12:00 noon, in the Social Services
Conference Room, Room 306, Municipal North.
Public hearings will be conducted during the 7:00 p.m. session of City
Council.
1
e
C-1
C-2
CONSENT AGENDA
(APPROVF. D 7-0)
ALL MATrERS LIS'IF.D UND~ THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MAYOR AND
MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION IN THE FORM, OR FORMS, LISTF. D BELOW.
THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS.
IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVF. D
FROM THE CONSENT AGENDA AND CONSIDERED
SEPARATELY.
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
File gl 10--132
Concur in request for Council to convene in
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.
A communication from Council Member William White, Sr.,
recommending appointment of two members of City Council to work with
the City Manager to develop a team building and long range planning
strategy for consideration by Council.
RECOMMENDED ACTION: Concur in recommendation.
REMOVF~D FROM CONSENT AGENDA FOR DISCUSSION. (See Item
C-2 on page 3.)
2
C-3
A report of the City Manager with regard to the education program in
the Roanoke City Jail.
RECOMMENDED ACTION: Receive and file.
REMOV~.D FROM CONSENT AGENDA FOR DISCUSSION.
C-3 listed below.)
(See Item
A report of the City Manager requesting that Council convene in
Executive Session to discuss disposition of real property, specifically the use
and possible conveyance of interests in real property for economic
development purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION:
File #132-450
Concur in request for Council to convene in
Executive Session to discuss die, position of
real property, specifi~y the use of and
possible conveyance of interests in real
property for economic development purposes,
pursuant to Section 2.1-?.4 (A)(3), Code of
Virginia (1950), as amended.
REGULAR AGENDA
C-2
C-3
A communication from Council Member wrflliam White, Sr.,
recommending appointment of two members of City Council to work
with the City Manager to develop a team building and long range
planning strategy for consideration by Council.
Council concurred in the recommendation, and the Mayor appointed
Council Members Bowles and White.
Vile #132-200-217
A report of the City Manager with regard to the education program in
the Roanoke City Jail.
Action on the report was deferred for 60 days pending receipt of
additional information from the City Manager with regard to the
3
number of individuals who successfiflly completed the GED program
while incarcerated compared to the recidivism rate of those who did
not complete the program. The City Manager was further requested
to investigate other available programs for inmates prior to release from
the Roanoke City Jail, such as GED classes and Adult Education
classes sponsored by the Roanoke City Public School system, as well
as programs sponsored by Total Action Against Poverty and Virginia
CARES, Inc.
FHe #123-467
HEARING OF CITIZENS UI~N PUBLIC MA~S:
Presentation of the Annual Report of the Roanoke Civic
Commission. Vernon M. Danielsen, Chairperson. (10 minutes)
File #109-192
Center
Request to address Council with regard to violent crime in the City of
Roanoke. Mr. Dara A. Jilla, Spokesperson. (5 minutes)
Received and filed.
The matter was referred to the City Manager for appropriate response.
File 45-66
OTHER HEARING OF CITIZENS:
4. PETITIONS AND COMMUNICATIONS:
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
4
A report recommending acceptance of the bid submitted by Cost
Containment, Inc., to provide food stamp issuance services for
the period of November 1, 1994 through October 31, 1995.
Adopted Resolution No. 32197-101094. (7-0)
File #72
A report recommending acceptance of a Local Government
Challenge Grant, in the amount of $2,910.00, from the Virginia
Commission for the Arts.
Adopted Budget Ordinance No. 32198-101094 and Resolution
No. 32199-101094. (7-0)
File ~:~-236-261-318-348-349
e
A report recommending that the City Manager not require the
Hotel Roanoke L.L.C. to procure, a financial guarantee bond at
City expense.
Adopted Resolution No. 32200-101094. (6-1, Council Member
Wyatt voted no.)
File #178-236-247-258
o
A report recommending an amendment to the City Code to
abolish the Air Pollution Control Advisory and Appeal Board.
Adopted Ordinance No. 32201-101094. (7-0)
F'fle g24--110-199
e
A report recommending approval of Change Order No. 2, in the
amount of $69,195.00, to the City's contract with Laramore
Construction Co., Inc., in connection with consmaction of
Carvins Cove Phase II, Contract A-2.
Adopted ordinance No. 32202-101094. (7-0)
File g'27-183-405-468
5
A report recommending approval of Change Order No. 1, in the
amount of $12,110.00, to the City's contract with E. C. Pace
Co., Inc., in connection with construction of Carvins Cove
Phase II, Contract C-1.
Adopted Ord~inance No. 32203-101094. (7-0)
File/f27-183-405-468
A report with regard to execution of a multi-jurisdictional
agreement providing for expansion of certain joint use sewage
facilities and for provision of bulk sewage treatment services.
Adopted Resolution No. 32204-101094. (7-0)
File g27-53-217-468
A report recommending award of an engineering services
contract to Black and Veatch, in the amount of $1,595,000.00,
to provide engineering services relating to the Roanoke River
Interceptor Sewer; and appropriation of funds in connection
therewith.
Adopted Budget Ordinance No. 32205-101094 and Resolution
No. 32206-101094. (7-0)
File g27-53-60-183-268-405
A report recommending award of an engineering services
contract to Hayes, Seay, Mattern and Mattern, in the amount of
$379,000.00, to provide engineering services relating to the
Tinker Creek Interceptor Sewer; and appropriation of funds in
connection therewith.
Adopted Budget Ordinance No. 32207-101094 and Resolution
No. 32208-101094. (7-0)
File #27-53-60-183-268-405-514
10.
A report recommending award of a lump sum contract to
Malcolm Pirnie, Consulting Engineers, and Mattern and Craig,
Inc., as their associate, to provide engineering services to design
6
and administer the construction of the renovation and expansion
of the Water Pollution Control Plant, in the amount of
$1,996,338.00.
Adopted Budget Ordinance No. 32209-101094 and Resolution
No. 32210-101094. (7--0)
File g27-53--60-183-405-468
b. CITY ATTORNEY:
A report recommending certain amendments to the City Code
to allow police officers to ticket unoccupied vehicles for failure
to display a valid City decal.
Adopted Ordinance No. 32211-101094. (7--0)
File ~-20-24-34-106-111-133-299-301
6. REPORTS OF COMMI'rFEES: None.
7. UNFINISHED BUSINF3S: None.
INTRODUCTION AND CONSIDERATION
ORDINANCF3 AND RF3OLUTIONS:
OF
ae
Ordinance No. 32188, on second reading, authorizing the proper City
officials to enter into a five year lease extension between the City and
Budget Rent-A-Car Systems, Inc., for use of a one acre parcel of
City-owned property on Municipal Road, N. W., for said corporation's
rental car business, upon certain terms and conditions.
Adopted Ordinance No. 32188-101094. (7-0)
File ~)-166-373-468
7
Ordinance No. 32196, on second reading, accepting an offer'to
purchase a portion of real property owned by the City, described as
118 West Campbell Avenue and bearing Official Tax Map No.
1011512, and providing for the sale and conveyance of said property.
Adopted Ordinance No. 32196-101094. (7-0)
File g2-166-468
9. MOTIONS AND MISCELLANEOUS BUSINF3S:
10.
ao
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
OTI-1F~R HEAR1NGS OF CITIT:F~NS: None.
Recessed at 11:25 a.m.
Reconvened at 11:50 a.m.
CERTIFICATION OF EXECIfl'WE SESSION. (7-0)
Reappointed W. Bolling Izard and J. Darryl Burks to the
Development Authority.
File #15-110-207
Industrial
Recessed at 11:55 a.m.
Reconvened at 1:50 p.m.
The Mayor declared the existence of a quorum and Council convened in
Executive Session.
Reconvened in open session at 2:40 p.m.
CERTIFICATION OF EXECUTIVE SESSION.
(7-0)
8
At 2:42 p.m., the Mayor declared the Council meeting in recess until
7:00 p.m.
7:00 P.M. SESSION:
Call to Order Roll Call. All Present.
The Invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
PUBLIC HEARINGS
Ae
Public hearing on the request of Douglas Trout that a tract of land
located at 752 Orange Avenue, N. E., bearing Official Tax No.
3042002, be rezoned from HM, Heavy Manufacturing District, to C-2,
General Commercial District, subject to certain conditions proffered by
the petitioner. Jonathan Apgar, Attorney.
Adopted Ordinance No. 32212 on first rea_ding. (7-0)
File
Public hearing on the request of Artie Minnix Burton and Sarah
Minnix Artrip, that a tract of land lying on the east side of Hollins
Road, N. E., and the north side of Lindbergh Lane, described as 3103
Plantation Road, N. E., Official Tax No. 3150311, be rezoned from
RM-1, Residential Multi-family, Low Density District, to CN,
Neighborhood Commercial District, subject to certain conditions
proffered by the petitioners. Edward A. Natt, Attorney.
Adopted Ordinance No. 32213 on first reading. (7-0)
l~fle g51
9
Em
Public hearing on the request of PAGE, L.C., that a 2.12 acre tract of
land located off of Townside Road, S. W., bearing Official Tax No.
5490307, be rezoned from RM-2, Residential Multi-family, Medium
Density District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner. William H. Sapp, Jr.,
Attorney.
Adopted Ordinance No. 32214 on first reading. (7--0)
File
Public hearing on the request of Hem'y M. and Kimberly M. Caldwell
and Ann S. Simmons and Janie Mary Harris, that a 1.717 acre tract of
land located at the southerly right-of-way of Orange Avenue (Route
460) at the intersection of Orange Avenue and Walton Street, N. E.,
and bearing Official Tax Nos. 3221414 - 3221418, inclusive, and
3221735 - 3221741, inclusive; and an adjacent .65 acre tract of land,
more or less, bearing Official Tax Nos..3221518, 3221519, 3221520,
3221521, 3221501 and 3221502, be rezoned from LM, HM and
RM-1, Light Manufacturing, Heavy Manufacturing and Residential
Multifamily, Low Density Districts, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioners.
David C. Helscher, Attorney.
Adopted Ordinance No. 32215 on first reading. (7-0)
File g51
Public hearing on the request of The Peter C. Snyder Residual Trust
by Central Fidelity Bank and Georgia Anne Snyder-Falkinham,
Successor Co-Trustees, that a tract of land containing 0.671 acre, more
or less, located at 207 Bullitt Avenue, S. E., bearing Official Tax Nos.
4013314 and 4013316, be rezoned from LM, Light Manufacturing
District, to C-3, Central Business District, subject to certain conditions
proffered by the petitioners. Joseph L. Anthony, Attorney.
Adopted Ordinance No. 32216 on first reading. (7-0)
File #51
10
He
Public hearing on the request of The Peter C. Snyder Residual Trust
by Central Fidelity Bank and Georgia Anne Snyder-Falkinham,
Successor Co-Trustees, that an alleyway running between Norfolk
Southern Corporation Railway right-of-way and U. S. Interstate-
581, bounded on both sides by Official Tax Nos. 4013314 and
4013316; and the spur of Third Street, S. E., running between Bullitt
Avenue, and the aforedescribed alleyway bounded on one side by
U. S. Interstate - 581 and by real estate owned by the petitioner on
the other side, be permanently vacated, discontinued and closed.
Joseph L. Anthony, Attorney.
Adopted Ordinance No. 32217 on first reading. (7-0)
File #514
Public heating on the request of Beatrice T. Witt, that a portion of 6
1/2 Street, S. E., bounded on the north by the southern boundary of
Morrill Avenue, S. E., bounded on the west by the eastern boundary
of Official Tax No. 4141409, and bount~ed on the east by the western
boundary of Official Tax No. 4141530, be permanently vacated,
discontinued and closed. Tamalyn R. Reed, Agent.
Adopted Ordinance No. 32218 on first reading. (5-2, Mayor Bowers
and Council Member McCadden voted no.)
File #514
Public heating on the request of the Comachi Corporation that a
portion of Baker Avenue, between 25th Street and 30th Street, N. W.,
be permanently vacated, discontinued and closed. Wayne L. Cook,
President, Spokesperson.
Adopted Ordinance No. 32219 on first reading. (7-0)
File ~14
Public hearing on the request of Habitat for Humanity in the Roanoke
Valley, Inc., that a certain 250 foot portion of Spottswood Avenue,
S. W., bounded on the north by Cleveland Avenue, on the west by
Official Tax No. 1221009, on the east and south by property owned
by Norfolk Southern Corporation, and on the east by Official Tax No.
11
Ke
1221101; and all of that certain 15 foot wide alley bordered on the
north by Cleveland Avenue, on the west by Official Tax No. 1221101,
and on the east and south by land of Norfolk Southern Corporation,
be permanently vacated, discontinued and closed. David A. Camper,
President, Spokesperson.
Adopted Ordinance No. 32220 on first reading. (5-2, Mayor Bowers
and Council Member McCadden voted no.)
File #514
Public hearing on the request of Richard A. Newcomb that an alley
extending north to south from Official Tax Nos. 2310701 -2310705,
inclusive, and Official Tax Nos. 2310706 and 2310714, approximately
260 feet from Shenandoah Avenue, N. W., to Centre Avenue, N. W.;
and an alley extending west to east approximately 275 feet to a point
contiguous with the lot line separating Official Tax Nos. 2310710 and
2310711, be vacated, discontinued and closed. Richard A. Newcomb,
Spokesperson.
Adopted Ordinance No. 32221 on first reading. (7-0)
File//514
Public hearing on the request of the House of Care of Southwest
Virginia, Inc., on the question of adoption of a resolution in support
of the organization's request to obtain tax-exempt status from the
General Assembly of Virginia. Sara B. Winn, Attorney.
Adopted Resolution No. 32222-101094. (7-0)
File #79-137-169
Public hearing on the request of the Roanoke City School Board on
the proposed issuance of bonds by the City of Roanoke to provide
funds, together with other available funds, to finance certain capital
12
projects for school purposes, in an estimated maximum amount of
$4,200,000.00, for improvements and additions to Virginia Heights
Elementary School and Morningside Elementary School. Richard L.
Kelley, Executive for Business Affairs, Spokesperson.
Adopted Resolution No. 32223-101094. (7-0)
File #53-467
Me
Public hearing on the request of the City of Roanoke Redevelopment
and Housing Authority with regard to Amendment No. 3 to the
Deanwood Community Redevelopment Project. H. Wesley White, Jr.,
Spokesperson.
Adopted Resolution No. 32224-101094. (7-0)
File #178-200
OTHER HEARINGS OF CITIZENS: None.
13
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE',I yOR'
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 240ckh-1574~ r _ 6
Telephone: (703) 98 ?'-~444~- : I
October 6, 1994
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to your telephone conversations with the City Clerk's Office, the Members
of Council will hold an informal luncheon meeting with the D-Day War Memorial -
Committee on Monday, October 10, 1994, at 12:00 noon, in the Social Services
Conference Room, Room 306, Municipal North.
Best personal regards.
Sincerely,
David A. Bowers
Mayor
DAB: sm
pc:
W. Robert Herbert, City Manager
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
/--Mary F. Parker, City Clerk
William F. Clark, Director, Public Works
AGENDA
LUNCHEON MEETING - CITY COUNCIL/D-DAY COMMITTEE
OCTOBER 10, 1994- 12:00 NOON
Welcome by Mayor
I1.
Invocation by Mrs. Bowles
III.
Lunch
IV.
Presentation by City Manager and Staff
Comments by Council Members
VI.
Comments by D-Day Committee
VII.
Adjournment
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
October 10, 1994
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB: se
MARY F. PARKER, CMC/AAE
Cio/Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #123-467
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the education program in the Roanoke City Jail was
before the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
On motion, duly seconded and unanimously adopted, action on the report was
deferred for 60 days pending receipt of additional information with regard to the
number of individuals who successfully completed the GED program while
incarcerated compared to the recidivism rate of those who did not complete the
program. You were further requested to investigate other available programs for
inmates prior to release from the Roanoke City Jail, such as GED classes and Adult
Education classes sponsored by the Roanoke City Public School system, as well as
programs sponsored by Total Action Against Poverty and Virginia CARES, Inc.
Sincerely,
Mary F. Parker, ClV[C/AAE
City Clerk
MFP: sm
pc:
The Honorable W. Alvin Hudson, Sheriff
E. Wayne Harris, Superintendent of Roanoke City Public Schools
'94
Office of the City Manager
October 10, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject:
Education Program in the Roanoke City Jail
Dear Mayor Bowers and Members of Council:
At the August 22, 1994 meeting of City Council, the matter of hiring an employee to
administer the General Educational Development (GED) Program to inmates in the Roanoke City
Jail and to provide follow-up services at~er completion of the program was referred to the City
Manager and the Sheriff for study, report and recommendation. This letter is in response to your
request.
The Roanoke City Jail presently has two educational programs, although one serves a very
limited inmate population due to strict eligibility requirements imposed by the State. These
programs are the Special Education Program and the Adult Basic Education Program.
Special Education Program:
The Special Education Program is a mandated program offered to inmates under the age
of 18 desiring education services. It is also available for inmates between the ages of 18 and 22
with documented learning or mental disabilities. The goal of this program is to provide an
educational program to the eligible inmates so that they may obtain a GED level of education.
Since 75% of the Roanoke City Jail inmates are over the age of 22, this program covers a very
small percentage of the jail population. During the past fiscal year, approximately 49 inmates
were involved in this program.
For fiscal years 1992, 1993 and 1994, the Special Education Program for the Roanoke
City Jail was funded as part of a pilot project approved by the 1992 General Assembly. For the
current fiscal year, however, state grant funds are no longer available. The Roanoke City Schools
have agreed to provide 0.6 FTE of a nine-month teaching position to continue this program. The
remaining 0.4 FTE of this position is being funded through the operating budget in the Jail. The
total salary and fringe benefits cost for the current teacher at the Jail is $49,702. The School
share of this position is $29,821, leaving a City share of $19,881.
Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333
Adult Basic Education Program:
In 1987 Governor Baliles initiated a Literacy Program for inmates incarcerated in the
Virginia Department of Corrections. This program was intended to reduce recidivism among
inmates by encouraging inmates of any age to obtain a GED level of education and thereby
increase their abilities to obtain jobs once released from custody.
Since fiscal year 1989 federal pass-through grant funds have been made available to local
jails to provide educational programs for inmates. The Roanoke City Jail has received these grant
funds for the past six fiscal years to employ a part-time teacher necessary to provide the adult
basic education program.
While not mandated, this program has proven to be extremely valuable to inmates in the
Roanoke City Jail. A total of 806 inmates have been enrolled in the educational program since
fiscal year 1989. A total of 320 inmates have completed the educational program while
incarcerated in the Roanoke City Jail. Of these inmates, 110 inmates were tested by the State
Department of Education and received their GED certificates while still incarcerated in the
Roanoke City Jail and 2 more inmates have been tested and are waiting for the results. At
present, there are 59 inmates enrolled in this program, with 25 inmates on a waiting list for
admission.
This part-time program is funded at $18,333 for the current fiscal year. The program cost
will not exceed $16,500 from the State Department of Education plus a $1,833 local cash match.
In addition, funding in the amount of $10,846.60 has been requested from the State Department
of Education to operate a 12 month full-time program for fiscal year 1995. The Sheriff believes
he has a good chance of receiving these additional funds as he did during fiscal year 1994. On
September 26, 1994, Sheriff.Hudson received verbal notification that an additional grant in the
amount of $8,300 was approved. He is awaiting written confirmation.
The cost to employ a full-time teacher to staffthe Roanoke City Jail's Adult Education
Program for 12 months per year would be $36,715.23. This cost would include a base salary of
$28,225.60 and $8,489.63 in fringe benefits. Department of Education funding now covers
$16,500 of this and an additional $10,846.60 in federal pass-through funds has been applied for,
as mentioned above.
When considering federal grant funds available now, the actual cost to the City of
Roanoke to fund this teacher's position full-time for 12 months a year during the current fiscal
year would be at maximum $20,215.23 or, if additional federal grant funds are obtained as a
requested for this year, a minimum of $9,368.63 to $11,915.23. The Sheriff should receive
written confirmation by mid-October of this year stating the amount of additional federal grant
funds that will be provided for this program.
Budgetary_ Issues:
The actual cost of the operation of the Roanoke City Jail and the provision of courtroom
security for fiscal year 1994 was $4,855,278. State and federal revenues covered $4,167,920 of
the expenditures, leaving a local share of $687,358. In the upcoming fiscal year (1996) additional
expenditures will occur. With the opening of the Jail expected to be in December, 1995, fifty-one
additional personnel will be employed during fiscal year 1996. Until the expanded facility is
approved by the State and opened for inmates, costs for training and employment of the personnel
will most likely not be reimbursed by the State Compensation Board. It is, however, essential that
these personnel be well trained in advance of the facility's opening and we are committed to
funding this local-only cost. Besides additional personal services costs, other operating costs such
as utilities will increase in fiscal year 1996. At this point, we estimate the expanded facility will
require in excess of $438,000 annually in additional local operating funds. These costs may,
however, be offset through additional funding sources generated by the Sheriffs office.
Conclusion:
The additional costs in the Roanoke City Jail are among many human service needs the
City is facing. In the past few years, costs in the areas of social services and youth programs have
risen and we expect them to continue to do so. In the near future, work will begin on the
expansion of the Juvenile Detention Home. As with the Jail, operating costs will increase for the
Detention Home as well.
As I have explained, there are many competing needs throughout the City, with limited
local funding available. I am certainly supportive of providing our local match for these
much-needed jail education programs. However, I do not believe we should send the message to
federal and state agencies that we are willing to cover the entire costs of the education programs.
When we receive word of approval for the additional federal education funds, then I will bring
back to you a report accepting the grant and appropriating our local share.
I will be happy to discuss this matter with you at your convenience.
Sincerely,
City Manager
CC~
Diane S. Akers, Budget Administrator
Wilburn Dibling, City Attorney
James D. Grisso, Director of Finance
W. Alvin Hudson, City Sheriff
George C. Snead, Director of Public Safety
October 10, 1994
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Members of Council:
This is to request that Council convene in Executive Session
to discuss the disposition of real property, specifically the use
and possible conveyance of interests in real property for economic
development purposes, pursuant to Section 2.1-344(A)(3), Code of
Virginia (1950), as amended.
Very truly yours,
W. Robert Herbert
City Manager
KMK/lsc
cc: Wilburn C. Dibling, Jr., City Attorney
Mary F. Parker, City Clerk
MARY F. PARKER, CMC/A~ E
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #132-200-217
The Honorable Elizabeth T. Bowles
Council Member
3637 Grandview Avenue, N. W.
Roanoke, Virginia 24012
The Honorable William White, Sr.
Council Member
902 Lafayette Boulevard, N. W.
Roanoke, Virginia 24017
Dear Mrs. Bowles and Mr. White:
At a regular meeting of the Council of the City of Roanoke held on Monday,
October 10, 1994, you were appointed by the Mayor to work with the City Manager
to develop a team building and long range planning strategy for consideration by
Council.
Sincerely,
Mary F. Parker, E
City Clerk
MFP: sm
pc: W. Robert Herbert, City Manager
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-I 536
Telephone: (703) 981-2541
October 3, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Long-Range Planning by City Council
Council Members:
Elizabeth T. Bowles
John S. Edwards
Delvis O. "Mac" McCadden
John H. Parrott
William White, Sr.
Linda F. Wyatt
In recent years, City Council has had the opportunity to participate in a variety of
long-range planning efforts with the city administration. In 1988, for example, City Council
worked with a professional facilitator and city staffto develop the current mission statement of
the City as well as six strategic issues which became the guiding principles upon which future
administrative and policy decisions would be made. This session was followed by a second similar
planning session in 1991 which resulted in the adoption of the same mission statement and a
slightly different set of strategic issues (see Attachment A) that remain unchanged today.
City Council also participated in a financial planning session with city administrators in
1993 that consisted of a discussion of then current financial trends and future fiscal challenges.
And, City Council has been an active participant in the ongoing Roanoke Vision planning process
designed to update our comprehensive plan. Finally, members of Council recently participated in
the development and adoption of our 5-year Capital Improvement Program.
There are only two current members of City Council that have participated in all of the
long-range planning activities dating back to 1988. Only three current members participated in
the 1991 session, and four current members participated in the 1993 financial planning session.
Most current Council members have participated in the Roanoke Vision and Capital Improvement
Program planning processes.
I believe that, in order for City Council to provide the necessary guidance to the City
Manager so that he can be responsive to our wishes, we must develop a clear, concensus-based
agenda founded upon a common understanding of the major issues facing our City in the future. I
am concerned that, because all current Council members have not had the opportunity to
participate in previous long-range planning sessions, this common understanding may not exist. I
also believe that we must continue to function as cohesively as possible under the relatively new
leadership of our Mayor and Vice-Mayor.
I have discussed my concern with the City Manager and he has advised me that Roanoke
is not unique in this matter. Many urban cities in Virginia, including Charlottesville, Danville,
Hampton, Lynchburg, Norfolk and Virginia Beach, have had similar concerns about the effect of
attrition among Council members on the continuity of long-range planning processes and the
Council's functional cohesiveness. These cities have addressed this concern by using facilitation
services offered by organizations like the Center for Public Service at the University of Virginia
on an ongoing basis to promote a team-based, continuous approach to long-range planning.
I feel that we should explore such a strategy in more detail, and I would like to
recommend that City Council consider this matter as part of its consent agenda on Monday,
October 10th. An appropriate first step might be to appoint two members of City Council to
work with the City Manager to develop a recommended team-building and long-range planning
strategy for consideration by City Council.
Thank you for your consideration of this matter.
Respectfully submitted,
Councilmember
Attachment
MISSION STATEMENT AND STRATEGIC ISSUES
Attachment A
MISSION STATEMENT:
Roanoke, the "Star City", will be the most exceptional place to live and work in the
South.
STRATEGIC ISSUES:
1. ECONOMIC DEVELOPMENT
Roanoke shall create and maintain a broad range of quality development and
employment opportunities to meet the needs of our diverse population and
strengthen our tax base.
2. EDUCATION
Roanoke shall provide the highest quality education possible to develop the full
potential of all our citizens.
3. ENVIRONMENTAL QUALITY
Roanoke's high quality environment shall be preserved and enhanced.
4. IMAGE
Roanoke shall create the most positive image achievable.
5. REGIONAL APPROACHES
The people of our region share common interests and needs, and Roanoke shall
strive to create with others a focused, unified agenda to address regional issues.
CITY OF ROANOKE
INTERDEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
September 20, 1994
Mary Parker, City Clerk
Vernon M. Danielsen, Chairman
Civic Center Commission
City Council Agenda
This is to request time on the City Council agenda for Monday,
October 10, 1994 for approximately seven to ten minutes to present
City Council with the Civic Center's Annual Report.
ROANOKE CIVIC CENTER
OPERATING HIGHLIGHTS
UTILIZATION
Events
Patrons
Roanoke
Outside Roanoke
Utilization
1993-94
222
677,000
428,000
249,000
81%
1992-93
194
541,000
317,000
224,000
77%
1991-92
204
460,000
274,000
186,000
76%
Total Ticket Sales $4,900,000 $3,600,000 $2,980,0007
FINANCIAL HIGHLIGHTS
1993-1994
PATRON SPENDING
In Roanoke
Outside Roanoke
TOTAL
$20,291,000
998,000
$21,289,000
Tax Revenue Received
by Roanoke
$1,545,000
Civic Center Operating
Revenue
Operating Expenses (Including
Capital Outlay)
Deficit
$1,596,000
2,128,000
($532,000)
City Supplement
Tax Revenue
Net Revenue to City
($532,265)
$1,545.000
$1,01 3,000
ROANOKE CIVIC CENTER MAJOR EVENTS
CONVENTION
JehovasWitnesses
20,000
SweetAdelines
1,200
Church of God
of Prophecy
1,800
FAMILY MUSIC SPORTS CULTURAL
Shrine Circus
26,700
The America Tour
7,800
James H. Drew Expo
60,000
Glen Fry/Joe Walsh
4,905
Aerosmith
9,750
Reba McEntire
7,933
Brooks & Dunn
7,911
Travis Tritt
5,242
Charlie Daniels
10,589
ZZ Top
11,000
Express Hockey
(37 games)
160,453
($933,601 sales)
SRO Motorsports
14,837
VA Tech/UVa
Basketball
9,222
Les Miserables
16,470
Grease
2,333
Oklahoma
2,343
Jeff Foxwo~hy
4,674
Garrison Keillor
4,978
Man of Lamancha
2,303
Tony Bennett
1,806
Moody Blues
4,482
Symphony
11,468
TICKET SALES $460,000 $1,200,000 $1,240,000 $1,076,000
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #5-66
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday,
October 10, 1994, Mr. Dara A. Jilla addressed Council with regard to violent crime
in the City of Roanoke.
On motion, duly seconded and unanimously adopted, the matter was referred to you
for appropriate response.
Sincerely,
Mary F. Parker,
City Clerk
MFP: sm
pc: Mr. Data A. Jilla, P. O. Box 13985, Roanoke, Virginia 24038-3985
& Design Center
American of Lynchburg, Inc.
~ _:~0
VIA FAX & FIRST CLASS MAIL
FAX TRANSMITTAL TO: 703/224-3145
September 29, 1994
Ms. Mary F. Parker
Clerk - City of Roanoke
215 Church Ave., S.W. - Room 456
Roanoke, Virginia 24011-1536
In Ref: Roanoke City Council Meeting - October 10, 1994 10:00 AM
Dear Ms. Parker:
By this letter, we respectfully request that you put us on the agenda
for the Roanoke City Council Meeting to be held on October 10th at 10:00 AM.
The subject matter which we wish to bring-up at the Council Meeting is
VIOLENT CRIME. The undersigned has been a victim of violent crime,
which occurred at our place of business located in Roanoke City.
To-date, this violent crime remains UNSOLVED by the Roanoke City Police Department.
If you have any questions or if I may be of assistance in any regard,
please do not hesitate to contact me.
Sincerely,
Dara A. Jilla
DAJ/jt
P.O. BOX 13985, ROANOKE, VIRGINIA 24038-3985 · (703) 344-7100
(Showroom: 2615-C Orange Avenue N.E. · Roanoke, Va. 24012)
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #72
Davis L. Conklin
Administrative Manager
Cost Containment, Inc.
308-B Sherwee Drive
Raleigh, North Carolina
27603
Dear Mr. Conklin:
I am enclosing copy of Resolution No. 32197-101094 authorizing acceptance of a bid
and execution of a contract with Cost Containment, Inc., for provision of Food Stamp
Issuance Service, for the period of November 1, 1994 through October 31, 1995, at
an annual cost of approximately $48,000.00, with the option to renew for two
additional one-year periods, upon such terms and conditions as more particularly set
forth in a report of the City Manager under date of October 10, 1994. Resolution No.
32197-101094 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker, E
City Clerk
MFP: sm
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No.~32197-101094.
A RESOLUTION authorizing the acceptance of a bid and execution
of a contract with Cost Containment, Inc., for the provision of
Food Stamp Issuance Service.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Cost Containment, Inc., being the only bid
received for the provision of Food Stamp Issuance Service, such
service being more particularly described in the October 10, 1994
report of the City Manager to this Council, is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, a contract with Cost Containment,
Inc., for the services listed above for the period November 1, 1994
through October 31, 1995, at an annual cost of approximately
$48,000.00, with the option to renew upon the same terms and
conditions for two additional one-year periods, upon such terms and
conditions as are more fully set out in the report to this Council
dated October 10, 1994.
3. The form of the contract with such bidder shall be
approved by the City Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
October 10, 1994
'?4
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bid For Issuance of
Food Stamps,
Bid No. 94-8-34
I. Background
Since 1987, the City of Roanoke Department of
Social Services has contracted for the issuance of
Food Stamps to an organization specifically
designed to provide that kind of service.
The service was bid again in 1991 and an award of a
contract was made.
The existinq contract is scheduled to expire on
October 31, 1994.
De
Specifications were developed and were sent to
specific firms that had requested the opportunity
to bid. A public advertisement was also published
in the Roanoke Times and Roanoke Tribune.
II. Current Situation
ae
Only One (1) bid was received. That bid, from Cost
Containment, Inc. was publicly opened and read in
the Office of General Services at 2:00 p.m. on
Friday, September 2, 1994.
Be
The bid was evaluated, in a consistent manner, by
representatives of Social Services and General
Services Departments.
Ce
Cost Containment, Inc. has provided a bid that
meets all required specifications for a cost of .55
per transaction, with a monthly maximum of
$3,600.00, plus postage cost.
De
Cost Containment, Inc. is the current provider and
the cost per transaction quoted is the same as the
current cost.
Issuance of Food Stamps
Bid No, 94-8-34
Page 2
III. Issues
A. Accountability
B. Compliance with Specifications
C. Cost
D. Timinq
IV. Alternatives
ae
Council accept the bid provided by Cost
Containment, Inc. to provide for the issuance of
Food Stamps for the period November 1, 1994 through
October 31, 1995, with the option to renew upon the
same terms and conditions, for two (2) additional
one (1) year periods.
Accountability - The contract with Cost
Containment, Inc. will insure the requisition,
inventory, control and distribution of Food
Stamps.
Compliance with Specifications - The bid
submitted by Cost Containment, Inc. meets all
required specifications.
Cost - Approximate cost of this service,
including postage, is $48,000 per year. Funds
are available in the Social Services account
001-054-5313-2010 to provide for this service.
Timinq - Approval and acceptance of this bid
will allow for the continuation of the service
without interruption.
Bo
Council not accept the bid submitted by Cost
Containment, Inc.
Accountability - Another system of issuance
would have to be developed immediately to meet
Federal requirements.
'Compliance with specifications would not be a
factor in this alternative.
Issuance of Food Stamps
Bid No. 94-8-34
Page 3
CC:
Cost is anticipated to increase if Food Stamps
were issued by Social Services due to the
requirement for additional staff, additional
space and storage for the inventory that would
have to be maintained.
Timinq - Changing the method of issuance of
Food Stamps would temporarily interrupt that
service to the recipients.
V. Recommendation
Council concur with Alternative "A" - accept the
bid submitted by Cost Containment, Inc. to provide
Food Stamp Issuance Service for the period November
1, 1994 through October 31, 1995 with the option to
renew upon the same terms and conditions, for two
(2) additional one (1) year periods.
Authorize the City Manager to enter into a
contract, in a form approved by the City Attorney,
with Cost Containment, Inc. to provide the required
Food Stamp Issuance Service.
Respectfully Submitted,
W. Robert Herbert,
City Manager
City Attorney
Director of Finance
Management & Budget
MARY F. PARKER, CMC/A ~E
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #60-236-261-318-348-349
Peggy J. Baggett
Executive Director
Commission for the Arts
Lewis House - 2nd Floor
223 Governor Street
Richmond, Virginia 23219-2010
Dear Ms. Baggett:
I am enclosing copy of Resolution No. 32199-101094 authorizing acceptance of a grant
from the Virginia Commission for the Arts, in the amount of $2,910.00, to be used
for those purposes identified in a report of the City Manager under date of October
10, 1994. Resolution No. 32199-101094 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker, CMU/AAE
City Clerk
MFP: sm
Eno.
pc:
Patricia L. Avis, Executive Director, Roanoke Symphony Society, 541 Luck
Avenue, S. W., Roanoke, Virginia 24016
Mark Scala, Interim Curator, Art Museum of Western Virginia, One Market
Square, Roanoke, Virginia 24011
Linda Webb, Director, Marketing and Development, Mill Mountain Theater,
One Market Square, Roanoke, Virginia 24011
Susan W. Jennings, Executive Director, Arts Council of the Blue Ridge,
10 East Church Avenue, Roanoke, Virginia 24011
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32199-101094.
A RESOLUTION authorizing the acceptance of a grant from the
Virginia Commission for the Arts.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager, or his designee, is authorized to accept a grant from
the Virginia Commission for the Arts in the amount of $2,910.00 to
be used for those purposes identified in the report of the City
Manager to Council dated October 10, 1994; ~nd the City Manager, or
his designee, is authorized to execute the requisite grant
documents in order to accept said grant on behalf of the City. All
documents shall be approved by the City Attorney.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 10th day of October, 1994.
No. 32198-101094.
AN ORDINANCE to amend and reordain certain sections of the
1994-95 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 1994-95 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Appropriations
Parks, Recreation and Cultural
Challenge Grant - FY95 (1) .......................
Revenue
Parks, Recreation and Cultural
Challenge Grant - FY95 (2) .......................
1) Subsidies (035-054-8729-3700) $ 2,910
2) State Grant
Revenue (035-035-1234-7180) 2,910
$ 62,961
2,910
$ 62,961
2,910
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
October 10, 1994
Roanoke, Virginia
Honorable Mayor and City Council
Roanoke, Virginia
Members of Council:
SUBJECT:
VIRGINIA COMMISSION
CHALLENGE GRANT
FOR
THE
ARTS
LOCAL GOVERNMENT
I. BACKGROUND
ae
The City of Roanoke was notified of a Local Government
Challenge Grant available through the Virginia Commission
for the Arts.
Local Government Challenge Grant Funds are available on a
50 - 50 matching basis, 50 percent state and 50 percent
local.
Ce
Application for the grant was made at the request of the
The Arts Council of Roanoke Valley, Roanoke Symphony
Orchestra, and Mill Mountain Theatre.
II. CURRENT SITUATION
Notification from the Commission for the Arts has been
received that a grant of $2~910.00 is available.
Be
The grant will supplement funds already appropriated from
the City to the organization through the Citizens Services
Committee. The local funds will meet the 50 - 50 match.
The Grant funds of $2~910.00 will be distributed to The
Arts Council of Roanoke Valley ($970), Roanoke Symphony
Orchestra ($970), and Mill Mountain Theatre ($970).
III.
ae
ISSUES
Need for Funding.
Timing.
Cost to the City.
IV. ALTERNATIVES
City Council accept the $2,910.00 Local Government
Challenge Grant from the Virginia Commission for the Arts.
Need for Funding. The Arts Council of Roanoke Valley,
Roanoke Symphony Orchestra, and Mill Mountain Theatre
will use funding to make quality arts activities
available to citizens of Roanoke.
Timing. The grant must be accepted and properly
executed papers returned to the Virginia Commission of
the Arts prior to release of funds.
Cost to the City. Matching funds have been
appropriated in the City's FY 1994-95 General Fund
Budget through the Citizens Services Committee. No
additional funding is required.
City Council not accept the $2t910.00 grant from the
Virginia Commission for the Arts.
Need for Funding. The Arts Council of Roanoke Valley,
Roanoke Symphony Orchestra, and Mill Mountain Theatre
will lose $2t910.00 in funding which would be used to
make quality arts activities available to the citizens
of Roanoke.
2. Timing· Not an issue.
Cost to the City· No impact. Local funds have been
appropriated in the City's General Fund Budget through
the Citizens Services Committee.
V. RECOMMENDATION
City Council concur with Alternative A and accept th~
$2~910.00 grant from the Virginia Commission for the Arts.
Appropriate $2~910.00 to accounts to be established by
the Director of Finance in the Grant Fund.
Authorize the City Manager or his designee to execute
the Local Government Challenge Grant on behalf of the
City of Roanoke.
Respectfully submitted,
City Manager
WRH/GDR/gr
cc: Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Acting Director of Finance
Barry L. Key, Management and Budget
James D. Ritchie, Director of Human Resources
Director of Human Development
June 20, 1994
Peggy J. Baggett, Executive Director
Commission for the Arts
Lewis House - 2nd Floor
223 Governor Street
Richmond, VA 23219-2010
Dear Ms. Baggett:
In accordance with your letter of June 10, 1994, this is to
advise you that Roanoke City Council has approved by Resolution
No. 32028-060694 Arts appropriations for 1994-1995 as follows:
Art Museum of Western Virginia
(Originally Roanoke Museum of Fine
Arts)
Roanoke Symphony Society
The Arts Council of the Blue Ridge
Mill Mountain Theater
$ 500.00
4,000.00
2,500.00
1,000.00
We appreciate your approval of our Local Government Challenge
Grant and plan to disperse the funds through the appropriate
agencies upon receipt.
Sincerely,
Director of Human Development
GDR:gr
Room 356, Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia 24011-1539 (703) 981-2302
IETARY
AMOUNT:
Remittance/PaYment Advice
Remittonce Informotion Onlg
** Credit *,
8,611. 00 N/x
PAYMENT METHOD:ACH
PAYMENT FORMAT: CCP
OFI ID NO OUALIFIER:ABA Transit Routing Number
DFI ID NUMBER: 051400846
ACCOUNT NUMER OUAL:Oemand Deposit '
ACCOUNT NUMBER: 0000 002§
ORIGINATING COMPANY ID: E5q8001745
DFI IO NO OUALIFIER: ABA Transit Routing
OFI ID NUMBER: 051400549
ACCOUNT NUMBER OUAL:Oemand Deposit
ACCOUNT NUMBER: 200100741888~
EFFECTIVE ENTRY DATE: 08/2§/§4
TRACE: Current Transaction Trace Numbers=TO008250
REFERENCE: Batch Number:0825942102
Transaction Creation Date = 08125/94 ~1: NBPM
.............. *~ Pagee m~-
ROANOKE CITY TREASURER 5q600156900 Federal Tax ID
PO BOX 1451
ROANOKE, VA
CONTROL~ 000000117
Including Check
Number Including Check
24007 (COUNTRY: US)
................... ** Payer ** ....................
COMM OF VA
CONTACT: Accounts Pagable Oepartment:OEPARTMENT OF
Telephone 8046748465
MONETARY AMOUNT , 7
Notes: A187940883'~ _~
REFERENCE: Mutually Oefined:3RD
REFERENCE: Voucher=1270602N
EMERGENCY.
OUARTER E~A FYg4 INV DESC
........... -** Payer ** ....................
COMM OF VA
CONTACT:
Telepho
No
REF
REF
REF
SERVICES
Accounts Pay~.~-e Department: VIRGINIA COMMISSION FOR THE ARTS
ne 8042253132 -- -~ !; £~S ~'~ Jc>~q '-71 ~0
NETARY AMOUN T:I~ ~,s,J
tes: Azqegq08 ~AR ~h~ ~.~f.~ ~
ERENCE: Seller's Invoice NumbeF=LGCG
ERENCE: Hutuallg Defined=95-OOq~ INV DESC ~l~u~e~
ERENCE: Vouclner=9500~13N
COMMISSION MEMBERS
NANCY BAGLEY ADAMS, CHAIR
HAMPTON
MARGARET IRBY CLEMENT, VICE CHAIR
DANVILLE
HERMINA WALTHALL BUTCHER, SECRETARY
LYNCHBURG
FAYE Y. BENTON
RICHMOND
DONNA F. BERGHEIM
ALEXANDRIA
ROBERT E. BROWN
NORFOLK
JANET COPPLE DAVIS
WINCHESTER
BETH E. DOZORETZ
NORFOLK
MARY S. ELLETT
LYNCHBURG
MARY TRENT JONES
ABINGDON
JAMES C. McKEEVER, JR.
FAIRFAX
JANET A. PAYNE
FREDERICKSBURG
KEN WRIGHT
CHESAPEAKE
W. Robert Herbert, City Manager
Roanoke, City of
215 Church Avenue, S.W.
Room 356, Municipal Building
Ronaoke, VA 24011
COMMONWEALTH of VIRQ
RICHMOND, VIRGINIA 23219-2010
(804) 225-3132 Voice~DD
June 10, 1994
Re:
Local Government Challenge Grant 95-0042 - $2,910
EIN: 546001569 FIPS: 770
Dear Mr. Herbert:
It is a pleasure to inform you that the Virginia
Commission for the Arts has awarded your jurisdiction a
grant of $2,910 in the Local Government Challenge Grant
category.
Your signature on the certification of assurances
attached to the application indicated your agreement to
the grant conditions. Any substantive changes in the
activities or budget described in your application must
be approved in advance by the Commission staff.
In all published material and announcements
regardJ.no your local re-oranting proqram~ acknowledgment
mUst be ~ade that the pr6gram is partially supported by
a grant from the Virginia Commission for the Arts and
the National Endowment for the Arts.
In order to release the funds, the Commission must
receive written confirmation that your local government
has appropriated 1994-95 funds for arts organizations
matching or exceeding the amount of the grant. This
confirmation may take the form of a brief letter from an
authorized official or a copy of the pertinent section
of your jurisdiction's approved 1994-95 budget, but it
must refer to the actual dollar amounts appropriated for
arts organizations.
Roanoke, City of
June 10, 1994
Page Two
You may expect payment of the entire grant amount
upon receipt of this confirmation. All funding is
conditional upon action of the Governor and of the
Virginia General Assembly.
The Commission is grateful for your cooperation and
for your contribution in making high quality arts
activities available to the citizens of Virginia.
Please accept our best wishes for your continued
success.
Sincerely,
P{g~J. ~agge~t
Executive Director
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #178-236-247-258
Neva J. Smith
Executive Director
City of Roanoke Redevelopment
and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Brian J. Wishneff
Acting Director
Hotel Roanoke Conference Center
111 Franklin Plaza
Suite 230
Roanoke, Virginia 24011
Dear Ms. Smith and Mr. Wishneff:
I am enclosing copy of Resolution No. 32200-101094 declining to require the Hotel
Roanoke, L.L.C. to procure a performance or financial guaranty bond, at City
expense, in connection with the loan of federal funds, in the amount of
$6,000,000.00, for the Hotel Roanoke project. Resolution No. 32200-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
Raymond D. Smoot, Jr., Vice President for Business Affairs
and Treasurer, 312 Burruss Hall, Virginia Tech, Blacksburg, Virginia
24061-0142
Margie W. Thomas, Secretary of Virginia Tech Board of Visitors,
210 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32200-101094.
A RESOLUTION declining to require the Hotel Roanoke, L.L.C. to
procure a performance or financial guaranty bond, at City expense,
in connection with the loan of federal funds for the Hotel koanoke
project.
WHEREAS, by Resolution 31774-111593, this Council authorized
the execution of an agreement (the "108 Agreement") with the City
of Roanoke Redevelopment and Housing Authority ("RRHA") and the
Hotel Roanoke, L.L.C. ("HRLLC") providing for the loan of
$6,000,000.00 of federal funds to the Hotel Roanoke project;
WHEREAS, Section 15(a) of the 108 Agreement provides that at
the option of the City, the City may require the HRLLC to provide
RRHA, at the sole expense of the City, a performance or financial
guaranty bond conditioned upon HRLLC's completion and reopening of
the Hotel Roanoke.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that Hotel Roanoke, L.L.C. not be required to provide to
the Roanoke Redevelopment and Housing Authority a performance or
financial guaranty bond in connection with the loan of
$6,000,000.00 of federal funds to the Hotel Roanoke project.
ATTEST:
City Clerk
October 10, 1994
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject: Performance Bond for the Hotel Roanoke
I. BACKGROUND
Citv Council aDoroved on November 15. 1993 an Agreement between the City
of Roanoke Redevelopment and Housing Authority (RRHA), the City of Roanoke
and the Hotel Roanoke, L.L.C. (HRLLC) providing for RRHA to loan $6 million
of Housing and Urban Development (HUD) 108 loan funds to the HRLLC for the
Hotel Roanoke project.
Section 15(a), of the Agreement provides that at the option of the City, "the
City may require HRLLC to provide RRHA, in form acceptable to RRHA, a
performance bond or financial guaranty bond in the amount of $6 million
conditioned upon HRLLC's completion and opening of the rehabilitated and
restored Hotel"... "If the City exercises its option to require such bond, the cost
of such bond shall be at the sole expense of the City."
The DurDose of this provision is to allow the RRHA to recover the money loaned
to HRLLC in the event that the Hotel is not completed or reopened. The City
must make a decision whether to exercise its option to require the HRLLC to
provide the bond prior to closing the HUD 108 loan.
II. CURRENT SITUATION
A. Closing on the HUD 10R loan is scheduled for early October 1994.
B. Renovation on the Hotel is 60% complete.
III.
ISSUES
A. Cost.
B. Timing.
C. Effect.
IV.
ALTERNATIVES
A. ~ decline to require the HRLLC to provide RRHA a performance bond
Honorable Mayor and Members of Council - 2 - October 10, 1994
or financial guaranty bond, at City expense, and authorize the disbursement of HUD 108 loan
without such bond.
Vm
The cost of such a bond would be at least $120.000. The construction
of the Hotel is more than 60% complete and in a solid position to be
completed within the remaining available funds. The current conditions
on the project make this expense appear unnecessary.
2. Timing is critical so that the loan closing may occur in mid October.
Effect - City has no bond protection if funds for completion are not
available after loan funds have been expended. The City's annual CDBG
allocation for future years would be required to repay the HUD 108 loan
on schedule.
City Council require the HRLLC to provide RRHA a performance bond or
financial guaranty bond, at City expense, prior to disbursement of 108 loan.
1. Cost would be a minimum of $120.000.
2. Timing is important in that LLC needs funds disbursed by mid-October.
Bond would protect the Section 108 loan funds loaned to the HRLLC in
the event the Hotel is not completed and reopened on schedule.
RECOMMENDATION
Recommend Alternative A, City Council authorized City Manager not to require the
HRLLC to procure a financial guarantee bond at City expense.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/BJW:kdc
cc: City Attorney
Director of Finance
Manager, Management and Budget
Acting Director, Hotel Roanoke Conference Center Commission
Risk Manager
Ms. Neva J. Smith, Roanoke Redevelopment and Housing Authority
Dr. Raymond D. Smoot, Virginia Tech
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
F~e #5-20-24-34-106-110-111-133-199-299-301
Evelyn Jefferson
Vice President - Supplements
Municipal Code Corporation
P. O. Box 2235
Tailahassee, Florida 32304
Dear Ms. Jefferson:
I am enclosing copy of Ordinance No. 32201-101094 amending the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 3, Air Pollution Control, Articles
I through V, Section 3-1 through Section 3-87, inclusive, and abolishing the Air
Pollution Control Advisory and Appeai Board. Ordinance No. 32201-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
I am also enclosing copy of Ordinance No. 32211-101094 amending and reordaining
Section 20-33.1, Same - Requirements; obtaining license plate, tag, or decal a
condition precedent to discharge of violation, by adding new subsections (c), (d),
(e), (f), (g), and (h), and Section 20-33.2, Same - Requirements for operation~
obtaining license plate, tag or decal a condition precedent to discharge of violation,
by amending subsections (a) and (b) and adding new subsections (c), (d), (e), (f),
(g), and (h), of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and
Traffic, Code of the City of Roanoke (1979), as amended, to alio'~ ~-li~-~ ~~ }-~
ticket unoccupied, parked vehicles for failure to display a valid decal and provide
for a penalty therefor, effective November 1, 1994. Ordinance No. 32211-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
Please include Ordinance Nos. 32201-101094 and 32211-101094 in Supplement No. 33
to the Roanoke City Code.
Sincerely,
Mary F. Parker, CMC/KAE
City Clerk
MFP: sm
Enc.
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #5-20-24-34-106-110-111-133-199-299-301
Raymond F. Leven
Public Defender
Suite 4B
Southwest Virginia Building
Roanoke, Virginia 24011
Dear Mr. Leven:
I am enclosing copy of Ordinance No. 32201-101094 amending the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 3, Air Pollution Control, Articles
I through V, Section 3-1 through Section 3-87, inclusive, and abolishing the Air
Pollution Control Advisory and Appeal Board. Ordinance No. 32201-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
I am also enclosing copy of Ordinance No. 32211-101094 amending and reordaining
Section 20-33.1, Same - Requirements; obtaining license plate, tag, or decal n
condition precedent to discharge of violation, by adding new subsections (c), (d),
(e), (f), (g), and (h), and Section 20-33.2, Same- Requirements for operation;
obtaining license plate, tag or decal a condition precedent to discharge of violation,,
by amending subsections (a) and (b) and adding new subsections (c), (d), (e), (f),
(g), and (h), of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and
Traffic, Code of the City of Roanoke (1979), as amended, to allow police officers to
ticket unoccupied, parked vehicles for failure to display a valid decal and provide
for a penalty therefor, effective November 1, 1994. Ordinance No. 32211-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
Sincerely,
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32201-101094.
AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by repealing Chapter 3, Air Pollution Control, Articles
I through V, §3-1 through S3-87, inclusive, and abolishing the Air
Pollution Control Advisory and Appeal Board; and providing for an
emergency.
BE
follows:
1.
IT ORDAINED by the Council of the City of Roanoke as
Chapter 3, Air Pollution Control, Articles I through V,
§3-1 through §3-87, inclusive, of the Code of the City of Roanoke
(1979), as amended, are hereby REPEALED.
2. The Air Pollution Control Advisory and Appeal Board is
hereby ABOLISHED.
3. This Council expresses its appreciation to the members oF
the Air Pollution Control Advisory and Appeal Board for their
service to the City.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
October 10, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of City Council:
Subject: AMENDMENT TO CITY CODE TO ABOLISH THE
AIR POLLUTION CONTROL ADVISORY AND APPEAL BOARD
I. Background'
The purpose of the Air Pollution Control Advisory and Appeal Board is to
advise City Council and the City Manager in matters concerning the
protection of air resources and the promotion of health, safety, and welfare
in the City and to hear appeals in case of enforcement actions initiate~l by
the City Manager.
The City's Air Pollution Control Ordinance (City Code Section 3-1 through
3-87) was adopted prior to 1972 and is largely preempted by more recent
State and Federal regulations, except when the City's Ordinance is more
stringent.
The State Department of Environmental Quality (DEQ) opened a local office
on Peters Creek Road in November, 1979.
II. Current Situation:
Ao
The field of air pollution control has become increasingly complex and
extensively regulated by State and Federal legislation in recent years.
The Air Pollution Control Advisory and Appeal Board no longer serves a
useful purpose. All matters relating to air pollution are being referred to the
State Department of Environmental Quality on Peters Creek Road.
Discussion with the two (2) current members of the Board, Robert C.
Hudson and Versal R. Dearing, reveals that the Board has not met since Mr.
Dearing was initially appointed in May, 1983. There are no minutes from
any previous meeting filed with the City Clerk. Both members concur in the
recommendation to abolish the Board and allow the State to assume all
responsibility in this area.
Honorable Mayor and Members of City Council
AMENDMENT TO CITY CODE TO ABOLISH THE
AIR POLLUTION CONTROL ADVISORY AND APPEAL BOARD
Page 2
October 10, 1994
III. Issues:
Need to remove outdated requlations
Administrative effort
Possible legal conflicts
IV.
Alternatives:
A. City Council authorize the abolition of the Air Pollution Control Advisory and
Appeal Board and repeal the Air Pollution Control Ordinance, thereby
allowing the State to assume all responsibility in this area, and instruct the
City Attorney to prepare the proper measure recognizing the service of the
Board members.
1. Need to remove outdated requlations from City Code is met.
Administrative effort necessary to maintain the Air Pollution Control
Advisory and Appeal Board would be eliminated.
o
Possible leqal conflicts with State regulations and public confusion will
be eliminated.
City Council not authorize the abolition of the Air Pollution Control Advisory
and Appeal Board and repeal the Air Pollution Control Ordinance, thereby
retaining responsibility in this area.
Need to remove outdated requlations from City Code is not met. The
Board will be retained, but continue to be inactive.
Administrative effort to maintain the Air Pollution Control Advisory and
Appeal Board will remain an unnecessary responsibility for City staff.
Possible leqal conflicts with State regulations and public confusion will
continue.
Honorable Mayor and Members of City Council
AMENDMENT TO CITY CODE TO ABOLISH THE
AIR POLLUTION CONTROL ADVISORY AND APPEAL BOARD
Page 3
October 10, 1994
Mo
Ao
Recommendation is that City Council take the following action:
Concur with the implementation of Alternative 'A":
1. Abolish the Air Pollution Control Advisory and Appeal Board,
2. Repeal the Air Pollution Control Ordinance (City Code Section 3-1
through 3-87),
3. Ask the City Manager to communicate with the DEQ the Council's
desire for the State to continue all responsibilities in this area, and
4. Ask the City Attorney to prepare the proper measure recognizing the
service of the Board members.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/WFC/SEF/kh
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 18, 1994
File #15-110-199
Mr. Versal R. Dearing
2219 Langdon Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Dearing:
I am enclosing copy of Ordinance No. 32201-101094 amending the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 3, Air Pollution Control, Articles
I through V, Section 3-1 through Section 3-87, inclusive, and abolishing the Air
Pollution Control Advisory and Appeal Board. Ordinance No. 32201-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
The Members of Council requested that I express their sincere appreciation for the
many services you have rendered to the City of Roanoke as a member of the Air
Pollution Control Advisory and Appeal Board from May 23, 1983 to October 10, 1994.
Please find enclosed an aerialview photograph of the Roanoke Valley and a Certificate
of Appreciation issued by the Mayor on behalf of the Members of the Roanoke City
Council.
Sincerely,
MFP: sm
En¢.
Mary F. Parker, CMC/AAE
City Clerk
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 18, 1994
File #15-110-199
Mr. Robert C. Hudson
606 N. Broad Street
Salem, Virginia 24153
Dear Mr. Hudson:
I am enclosing copy of Ordinance No. 32201-101094 amending the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 3, Air Pollution Control, Articles
I through V, Section 3-1 through Section 3-87, inclusive, and abolishing the Air
Pollution Control Advisory and Appeal Board. Ordinance No. 32201-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
The Members of Council requested that I express their sincere appreciation for the
many services you have rendered to the City of Roanoke as a member of the Air
Pollution Control Advisory and Appeal Board from April 13, 1987 to October 10,
1994. Please find enclosed an aerialview photograph of the Roanoke Valley and a
Certificate of Appreciation issued by the Mayor on behalf of the Members of the
Roanoke City Council.
Sincerely,
MFP: sm
Mary F. Parker, CMC/AAE
City Clerk
Eric.
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-183-405-468
John H. Laramore, President
Laramore Construction Co., Inc.
P. O. Box 1656
Danville, Virginia 24543
Dear Mr. Laramore:
I am enclosing copy of Ordinance No. 32202-101094 approving the City Manager's
issuance of Change Order No. 2 to the City's contract with Laramore Construction
Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II,
Contract A-2, in the amount of $69,195.00, for a total contract amount including
Change Order No. 2 of $1,541,701.00. Ordinance No. 32202-101094 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, October 10,
1994.
Sincerely,
Mary F. Parker, ~IC/AAE
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32202-101094.
AN ORDINANCE approving the City Manager's issuance of Change
Order No. 2 to the City's contract with Laramore Construction
Company, Inc., in connection with Carvins Cove Filter Plant
Improvements - Phase II, Contract A-2; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is
authorized and empowered to issue, for and on behalf of the City,
upon form approved by the City Attorney, Change Order No. 2 to the
City's contract with Laramore Construction Company, Inc., in
connection with Carvin's Cove Filter Plant Improvements - Phase II,
Contract A-2.
2. Such Change Order shall provide for the following changes
in the work to be performed:
ORIGINAL CONTRACT AMOUNT
Contract amount including
Previous Change Orders
CHANGE ORDER NO. 2:
1. Tunneling at Williamson Road
near Kroger store.
$1,469,735.00
$1.472.506.00
55,195.00
2. Adjust sanitary sewer laterals 14,000.00
TOTAL AMOUNT OF CHANGE ORDER NO. 2 $ 69,195.00
CONTRACT AMOUNT INCLUDING CHANGE ORDER NO.2 $1.541.701.00
ADDITIONAL TIME REQUIRED FOR CHANGE ORDER NONE
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.
Roanoke, Virginia
October 10, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of City Council:
Subject:
CHANGE ORDER NO. 2
CARVINS COVE PHASE II
CONTRACT A-2, LARAMORE CONSTRUCTION COMPANY, INC.
Background:
Acceptance of a bid submitted by Laramore Construction Company, Inc.
for the Carvins Cove Phase II water main project, Contract A-2, was
made by City Council on March 7, 1994.
B. Work was started on the project as of May 23, 1994.
II.
Current Situation:
Ao
The project extends a water main from Williamson Road at Plantation
Road southward to Florist Road near Verndale Drive. The plans prepared
by Dewberry & Davis require the road crossing at Williamson Road near
the Kroger store be installed by tunneling. An existing 36 inch diameter
water main is crossed by the proposed main. It is critical the existing
main not be damaged or taken out of service. (See attached sketch.)
Based upon the actual field location of the existing water main, it is
necessary for the contractor to increase the depth of the crossing and
tunnel in rock. This is a changed condition from those depicted by the
bid plans. The not-to-exceed cost for this additional work is $55,195.
Additionally, construction of the new water main has required the
adjustment of sanitary sewer laterals owned by Roanoke County. This
work was not anticipated in the original bid. The estimated cost to
adjust sanitary sewer laterals is $14,000 and will be paid on a unit price
basis.
Change Order No. 2, in the amount of $69,195, provides for both of
these items of additional work. The proposed corrective actions have
been reviewed and accepted by the consulting engineer, the contractor,
and City staff.
Honorable Mayor and Members of City Council
CHANGE ORDER NO. 2
CARVINS COVE PHASE II
CONTRACT A-2, LARAMORE CONSTRUCTION COMPANY, INC.
Page 2
October 10, 1994
Current funds are encumbered in the amount of $1,469,735 for this
contract. The original contract award provided for a $146,794
contingency fund for this project.
Original Contract Amount
Amount of Change Order No. 1
Amount of Change Order No. 2
New Contract Amount
$1,469,735
2,771
69,195
$1,541,701
III.
Issues in order of importance are:
A. Funds
B. Cost
C. Need
IV.
Alternatives are:
A. Approve Change Order No. 2 to the contract with Laramore Construction
Company, Inc. in the amount of $69,195.
1. Funds are available in the project contingency fund in account
number 002-056-8373-9003.
2. Cost is reasonable and reflects current market conditions.
3. Need for the payment of a contract obligation is met.
B. Do not approve Change Order No. 2 to the contract with Laramore
Construction Company, Inc. in the amount of $69,195.
1. Funds remain available in the project contingency fund.
2. Cost is not an issue.
Honorable Mayor and Members of City Council
CHANGE ORDER NO. 2
CARVINS COVE PHASE II
CONTRACT A-2, LARAMORE CONSTRUCTION COMPANY, INC.
Page 3
October 10, 1994
3. Need for the payment of a contract obligation is not met.
Recommendation is that City Council take the following action:
City Council approve Alternative "A" thereby authorizing the execution
of Change Order No. 2 in the amount of $69,195 to the contract with
Laramore Construction Company, Inc.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/PCS/kh
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
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
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122+00 123+00
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-183-405-468
E. C. Pace, III, President
E. C. Pace Co., Inc.
P. O. Box 12685
Roanoke, Virginia 24027
Dear Mr. Pace:
I am enclosing copy of Ordinance No. 32203-101094 approving the City Manager's
issuance of Change Order No. 1 to the City's contract with E. C. Pace Co., Inc., in
connection with Carvins Cove Filter Plant Improvements - Phase II, Contract C-l,
for a net reduction in the amount of $12,110.00, for a total contract amount including
Change Order No. 1 of $1,473,866.80. Ordinance No. 32203-101094 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, October 10,
1994.
Sincerely,
City Clerk
MFP: sm
Ene.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32203-101094.
AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with E.C. Pace Company, Inc., in
connection with Carvins Cove Filter Plant Improvements - Phase II,
Contract C-l; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Ass£stant City Manager is
authorized and empowered to issue, for and on behalf of the City,
upon form approved by the City Attorney, Change Order No. 1 to the
City's contract with E.C. Pace Company, Inc., in connection with
Carvin's Cove Filter Plant Improvements - Phase II, Contract C-1.
2. Such Change Order shall provide for the following changes
in the work to be performed:
ORIGINAL CONTRACT AMOUNT $1,485,976.80
CHANGE ORDER NO. 1:
Eliminate 14 linear feet
of steel encasement.
$ (12,110.00)
TOTAL AMOUNT OF CHANGE ORDER NO. 1 (12,110.00)
CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $1,473,866.80
ADDITIONAL TIME REQUIRED FOR CHANGE ORDER NONE
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.
Roanoke, Virginia
October 10, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
SUBJECT:
CHANGE ORDER NO. 1
CARVINS COVE PHASE II
CONTRACT C-1
Background:
Ao
Acceptance of a bid submitted by E. C. Pace Company, Inc. for the
Carvins Cove Phase II Water Main, Contract C-1, was made by City
Council on June 28, 1993.
B. Work was started on the project as of September 9, 1993.
II.
Current Situation:
Ao
The project extends a water main from the area of Orange Avenue and
Williamson Road, generally following 13th Street to the Roanoke River.
The proposed alignment crosses the Lick Run channel at Hollins Road.
The contractor has proposed an aerial crossing of the Lick Run channel
that has reduced the amount of underground boring necessary. The
contract quantities for steel encasement have been reduced by 14 linear
feet to provide a net contract reduction of $12,110.00, calculated at
$875.00 per linear foot. The proposed aerial crossing has been reviewed
by the consultant, the contractor, and the Engineering Department staff.
Current funds are encumbered in the amount of $1,485,976.80 for this
contract.
Original Contract Amount
Amount of Change Order No. 1
New Contract Amount
$1,485,976.80
( 12,110.00)
$1,473,866.80
III.
Issues in Order of Importance:
A. Funds
B. Cost
Honorable Mayor and Members of City Council
CHANGE ORDER NO. 1
CARVINS COVE PHASE II
CONTRACT C-1
Page 2
October 10, 1994
IV.
Alternatives:
A. Approve Change Order No. 1 to the contract with E. C. Pace Company,
Inc. in the amount of (912,110.00).
1. Funds will be made available to other projects.
2. Cost is reasonable and reflects the bid price.
B. Do not approve Change Order No. 1 to the contract with E. C. Pace
Company, Inc. in the amount of (912,110.00).
1. Funds remain available in the project account.
2. Cost is not an issue.
Recommendation: City Council approve Alternative "A" thereby authorizing the
execution of Change Order No. 1 in the amount of (912,110.00) to the contract
with E. C. Pace Company, Inc.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/PCS/kh
CC:
City Attorney
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
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-53-217-468
Carolyn S. Ross
Clerk of Council
Town of Vinton
P. O. Box 338
Vinton, Virginia
24179
Ned McElwaine, Clerk
Botetourt County Board
of Supervisors
One West Main Street, Box 1
Fincastle, Virginia 24090
Mary H. Allen, Clerk
Roanoke County Board
of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Forest G. Jones
Clerk of Council
City of Salem
P. O. Box 869
Salem, Virginia
24153-0869
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 32204-101094 authorizing execution of an
agreement among the City of Roanoke, the County of Botetourt, the County of
Roanoke, the City of Salem and the Town of Vinton providing for the financial
contribution and other terms and conditions of participation of the parties in the
expansion and renovation of the Roanoke Sewage Treatment Plant and replacement
of portions of the Roanoke River Interceptor and the Tinker Creek Interceptor and
in the use, operation and maintenance of the facilities; and directing that the City
Clerk transmit copies of said resolution to the governing bodies of the other political
subdivisions. Resolution No. 32204-101094 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, October 10, 1994.
Sincerely,
. Parker, CMU/AAE
City Clerk
MFP: sm
Eno.
Carolyn S. Ross
Ned McElwaine
Mary H. Allen
Forest G. Jones
October 13, 1994
Page 2
pc: B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338,
Vinton, Virginia 24179
Gerald A. Burgess, County Administrator, Botetourt County, One W. Main
Street, Box 1, Fineastle, Virginia 24090
Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem,
Virginia 24153-0869
Elmer Co Hodge, County Administrator, Roanoke County, P. O. Box 29800,
Roanoke, Virginia 24018-0798
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 10th day of October, 1994.
No. 32204-101094.
A RESOLUTION authorizing execution of an agreement among the
City of Roanoke, the County of Botetourt, the County of Roanoke,
the City of Salem and the Town of Vinton providing for the
financial contribution and other terms and conditions of
participation of the parties in the expansion and renovation of the
Roanoke Sewage Treatment Plant and the replacement of portions of
the Roanoke River Interceptor and the Tinker Creek Interceptor and
in the use, operation and maintenance of these facilities; and
directing that the City Clerk transmit copies of this resolution to
the governing bodies of the other political subdivisions.
BE IT RESOLVED by the Council of the city of Roanoke that:
1. The Mayor and the City Clerk are hereby authorized on
behalf of the City to execute and attest respectively, the
agreement among the City of Roanoke, the County of Botetourt, the
County of Roanoke, the City of Salem and the Town of Vinton setting
forth the financial contribution and other terms and conditions of
participation of the parties in the expansion and renovation of the
Roanoke Sewage Treatment Plant and the replacement of portions of
the Roanoke River Interceptor and the Tinker Creek Interceptor and
in the use, operation and maintenance of these facilities. Such
agreement is to be in substantially the form attached to the
October 10, 1994, report of the City Manager to this Council and
approved as to form by the City Attorney.
2. The City Clerk is directed to transmit a copy of this
resolution to the clerks of the governing bodies of the County of
Botetourt, the County of Roanoke, the city of Salem and the Town of
Vinton.
ATTEST:
City Clerk
Roanoke, Virginia
October 10, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Authorization to Execute a Multi-Jurisdictional
Agreement Providing for the Expansion of Certain
Joint Use Sewage Facilities and for the Provision
of Bulk Sewage Treatment Services
The attached Water Resources Committee report was considered
and approved by Council on December 13, 1993. The form of
agreement has been drafted and negotiated by the City Attorney
working with the attorneys for the other jurisdictions. Council
was briefed on the terms of the proposed agreement on September
26, 1994. A copy of the form of agreement is attached.
This is to recommend that Council authorize the appropriate
officials to execute the agreement on behalf of the City of
Roanoke once the agreement has been approved as to form by the
City Attorney.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:KBK:afm
Attachment
cc:
City Attorney
Director of Finance
City Clerk
Director of Utilities & Operations
Director of Public Works
City Engineer
Sewage Treatment Plant Manager
Utility Line Services Manager
Roanoke, Virginia
December 13, 1993
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Agreement for Renovation and Expansion of
Certain Joint Use Sewer Facilities and
Recommended Method of Financing
The attached report was considered by the Water Resources
Committee at its regular meeting on November 22, 1993. The
Committee recommends that Council:
Indicate its intent to approve an agreement with the
other participating Jurisdictions once the contract
language has been drafted and approved by attorneys for
the five Jurisdictions.
Approve a $15.7 million general obligation bond issue
to fund the City's share.
Co
Approve a phased-in three step adjustment to sewage
rates and charges as outlined in the attached schedule.
Ail in accordance with conditions stated in the attached
report.
Respectfully submit~d,
Elizabeth T. Bowles, Chairperson
Water Resources Committee
ETB:KBK:afm
Attachments
cc'
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
City Engineer
Manager, Sewage Treatment Plant
Manager, Utility Line Services
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
November 22, 1993
Members, Water Resources Committee. ~ y ~'% .-~ I~ ~.~~~
W. Robert Herbert, City Manage~'~'
Wilburn C. Dibling, City Attorne~
, Financ
James D. Grisso Director of
SUBJECT: Agreement for Renovation and Expansion of
Certain Joint Use Sewer Facilities and
Recommended Method of Financing
Background:
Current Sewage Treatment Plant was expanded in the
early 1970's to meet the projected needs of Roanoke
City, Roanoke County, City of Salem, Town of Vinton and
Botetourt County through the year 1985.
Be
Water Resources Committee recommended in 1985, and
subsequently approved by City Council, the employment
of a consultant to look at the sewage treatment needs
of the Valley for the next 20 plus years.
Ce
1987 Report entitled Sewage Facilities Plan prepared.by
Malcolm Pirnie Engineers recommended the renovation and
expansion of the sewage treatment plant and the
enlargement of the Roanoke River Interceptor, from the
western City boundary to the Sewage Treatment Plant,
and the enlargement of the Tinker Creek Interceptor
from U.S. Route 460 to the Sewage Treatment Plant.
De
Heavy rainfall and hiqh sewage flows in 1989 and 1990
required re-evaluation of the projected amount of
expanded capacity.
Page 2
Current and proposed capacities are as follows (Million
Gallons Per Day - MGD):
Sewage Treatment
Plant
Current
Flows
Proposed Normal
Weather Flow
Proposed Wet
Weather Flow
Roanoke City 15.83
Roanoke County 9.00
City of Salem 6.65
Town of Vinton 1.62
Botetourt County 1.90
19.20 32.90
10.30 17.65
7.80 13.39
2.10 3.60
2.60 4.46
35.00 42.00 72.00
Roanoke River
Interceptor at
Conn. to Plant
Roanoke City
Roanoke County
City of Salem
Town of Vinton
Botetourt County
Current
Flows
Proposed Normal
Weather Flow
Proposed Wet
Weather Flow
31.44 N/A 32.07
2.60 N/A 23.00
4.96 N/A 22.50
N/A N/A N/A
N/A N/A N/A
39.00
77.57
Tinker Creek
Interceptor at
Conn. to Plant
Current
Flows
Proposed Normal
Weather Flow
Proposed Wet
Weather Flow
Roanoke City 14.78
Roanoke County 4.11
City of Salem N/A
Town of Vtnton 1.19
Botetourt County 1.42
N/A 15.93
N/A 12.00
N/A N/A
N/A 5.25
N/A 8.50
21.50 41.68
Water Resources Committee recommended to Council and
Council agreed that the City would be represented in
negot~ations by the City Manager, City Attorney and
Director of Finance, working through the Water
Resources Committee.
Other Jurisdictions elected in 1992 to hire a
consultant to represent their Joint interests in
negotiations with the City.
Page 3
II.
Agreement in principal was reached in August, 1993 with
Council receiving a formal briefing on September 13,
1993. Briefing Documents are attached.
Council directed that staff provide information to our
citizens and then make a formal report of
recommendation to include method of financing.
Current Situation:
A. The followinq public information has been presented:
109 letters of information and offer to make a
presentation were sent to civic and neighborhood
organizations.
55 letters of information and notice of a
scheduled meeting were sent to the largest sewage
service users.
20 briefings and information meetings have been
held.
Hundreds of the attached brochure Clean Water:
Shared Responsibility have been handed out.
A
News reports have been given and news articles
written (sample news articles are attached).
Video and discussion have been aired on the
television show "City Manager Report".
Proposed terms of agreement:
1. Capacity allocations as provided in Section I(E)
of this report.
Cost sharing - Based on a 1993 engineering
estimate of $41,500,000.
Roanoke City: 38.0%, estimated at $15.77 million
Roanoke County: 29.8%, estimated at $12.35 million
City of Salem: 24.1%, estimated at $10.0a million
Town of Vlnton: 2.7%, estimated at $ 1.12 million
Botetourt County:5.4%, estimated at $ 2.26 million
3. Term - 40 years from date of execution
Status of 1972 contract provisions dealing with
debt and credits:
Page 4
Outstanding debt will be paid as provided in
the 1972 contract, through that contract term
of 2002.
Annual credits varying between $129r740.45
and $159,499.48, depending on the
jurisdiction, through 2002 for rate
calculation purpose has been averaged to a
unit figure of $142r902.70.
Reserve for replacement, allowing for an
annual 2% recovery for capital outlay from
revenue, has been changed to provide for more
equitable reimbursement of any City front
funded expenditure.
Henceforth, flows will be averaged for a
three year period for the purpose of
calculating the annual rate of operation and
maintenance cost rather than using single
year flows. This will help to stabilize the
fluctuation of bulk sewage treatment rates.
Fundinq for construction will be provided by each
jurisdiction as construction proceeds, with the City
invoicinq each ~urisdiction on a 30 day basis upon
receipt of contractor construction payment invoices,
generally along the lines of the overall percentages
outlined in II.C.2. above. The City of Roanoke's share
is recommended to be funded by a general obligation
bond issue of $15.7 million to be entirely paid from
City sewage rate adjustments.
The City's current legal debt margin is 10% of the
"assessed" valuation of real estate within the City
limits. As of June 30, 1993, the legal debt margin for
increased long-term debt (general obligation bonds) was
$249,802,814. Our additional legal debt margin is
substantially above our current general fund revenue
¢&paclt¥. The use of $15.7 million of the general
obligation legal debt margin will not have any future
foreseeable impact related to the issuance of general
obligation debt. We anticipate requesting sealed bids
Page 5
on a general obligation bond issue at a special meeting
of City Council in January 1994 for the following:
Sewage Treatment Facilities Expansion
Conference Center at Hotel Roanoke
Jail Expansion
Juvenile Detention Expansion
$15,700,000
13,800,000
4,800,000
1,500~000
Total Issue
$35,800,000
The total bond issuance cost and related interest cost
over the life of the Sewage Treatment Facilities
Expansion Bonds will provide the City cost avoidance of
approximately $1.5 million compared to the issuance of
a separate revenue bond issue.
increase in plant operation and maintenance expense.
16% inched ~J take effect March 1, 1994,
~lm~%-~--~ease effective on January 1, 1995 and 14%
increase effective January 1, 1996 on all sewage fees
agd charges as outlined by the attached rate schedule.
These rates are proposed to be effective for all new
service lateral contracts, for all septic tank
disposal, and all sewage treatment bills on and after
the effective dates.
Rate adjustments are required to fund the City's share
of $15t770~000 in 1993 cost amortized over the term of
the bond issue plus an additional $650~000 annually for
existing pipeline maintenance work and $350~000 annual
A
III. Issues:
A. Need
B. Contract terms
C. Reqional approach
D. Fundinq
IV. Alternatives:
ae
Comittee recommends that Council indicate its intent
to authorize an aqreement with the previously named
Jurisdictions to renovate and enlarge the sewaqe
treatment plant and previously identified interceptor
pipe lines with the City share of the total project
being 38% in accordance with the basic agreement terms
previously outlined and adjust the sewage rates per the
attached rate schedule, with %he final contract
language being subject to the final approval of Council
Page 6
once the contract language has been drafted and
approved by attorneys for the five jurisdictions.
Need for the project and the increased funding has
been previously outlined in the September 13, 1993
Council briefing.
Contract terms have previously been outlined.
Copies of both the current (1972) and the proposed
agreement are available upon request.
Regional approach to sewage treatment will be
continued.
Funding will be provided by each jurisdiction for
their prorata share of construction, operation and
maintenance with the City share being produced by
a phased-in three step adjustment in sewage fees
and charges.
Be
Committee recommend that Council take some different
approach to this needed project.
Need will continue to exist until the capacity
problem is solved.
2. Contract terms will continue to be discussed·
Reqional aDDroach would be unknown at this time.
Funding requirements would depend on the final
solution that has a concurrence of City Council.
Recommendation: Committee recommends that Council:
Indicate its intent to approve an agreement with the
other participating Jurisdictions once the contract
language has been drafted and approved by attorneys for
the five Jurisdictions·
A $15.7 million general obligation bond issue to fund
the City's share.
Page 7
A phased-in three step adjustment to sewage rates and
charges as outlined in the attached schedule.
Ail in accordance with Alternative "A.".
WRH:WCD:JDG:KBK:afm
Attachments
cc:
City Clerk
Director of Utilities & Operations
City Engineer
Manager, Sewage Treatment Plant
Manager, Utility Line Services
SEWAGE F~C[L~TIES ~MPI~OV~MENT$
Council Briefing
Se$~:e~r 13, 1993
Joint Use Facilities
A. Define
Be
Ce
Do
Capacity Capacity
Now Needed
1. Sewage Treat~nt Plant 35 MGD 42' to
72-* MGD
2. Roanoke River Interceptor 35 70.4 MGD
3. Tinker Creek Interceptor 25 34.5 MGD
* - Base Flow
** - Wet Weather Flow
Need - Refer to attach~ bar chart of total flows and City of
Roanoke flows over past four (4) years
Improvement Costl (Estimate4 in 1993 dollars)
1. Plant Renovation $ 2,000,000
2. Plant Expansion $17,063,000
3. Roanoke River Interceptor Rep1. $17,800,000
4. Tinker Creek Inte=cep~or Repl. $ 4f620,000
$41,483,000
City of Roanoke Capacity & Cost Share of Joint Use Facilities
15.83
2, ~8
Proposed
19.20 ~D Base Flow
32.83 ~D Wet Weather Flow
38% x lltiflmtoci CoSt of $41,483,000" $15,763,540
+ Add 8% to Mid Point of Construction lf261~083
Annuelised capital
$17,024,623 9 7% over 30
$17,024,623
$1,372,014/yr.
?age 2
Aging Bqu£pBent and Pipes (O & M Costs)
Portions of the Sewage Treatment Plant have different ages, in
20 - 40 year range. Also, parts of =he plan= have been under
wa=er (flooded) four (4) times in =he pas= 25 years. These
po£n= out =ha= =he plan= has an increasing need of maintenance.
An additional $350,000/year is needed for increased main=seance
and labor
A review of the attached bar char= shows how susceptible =he flow
=o the plan= from the City collector pi~es is during periods of
sustained or heavy rainfall. This is indicative of the fact =ha=
our sewer pipes are old, that they are,prone =o receiving
infiltration and inflow (I/I). We need =o continue our efforts of
sewer shed monitoring and I/I reduction. Our current three (3)
year program of $1,000,000 per year will, when added to increasing
plant maintenance cost indicated a~ove, expend all retained
earnings in =he sewer fund. This program should continue,
however, on a somewhat reduced scale in the $6$0,000/year range.
39
Joint Use Facilities Expansion & Replacement
Plant Labor and Maintenance
Infiltration and Inflow Containment
$1,372,014/yr.
3$0,000/yr.
650,000/yr.
$2,372,014/yr.
49
$0.9';
proposed (% Increase)
Effective Jan. If 1994 Jan. 1; 1995
$1.13 (16%) $1.29 (14%)
Jan. 1, 1996
$1.47 (14%)
Cost /~c SRO00 4~&Xlone i4r Honth (% Xncre&se)
199~ I~ate-
vi~e Aw~. 1993 City Pro~ 1994 p~~ 1995
$15.73 $6.47 $7.54 (16%) $8.60 (14%)
Pro~oled 1996
$9.80 (14%)
Public Informmtion Program
A. Public briefing of City Council - September 13, 1993
B. Set up and train Speakers Bureau
C. Prepare visual Aids (Video & Poster Boards) for Speakers' use
D. Develop handout brochure
E. Seek speaking engagements with:
Civic Leagues & Service Organizations
Buliness Groupl
Home Builders & Board of Realtors
Neighborhood Organizations
F. Feature on October City Manager's Report{ TV show on Cox Cable
Ch. 3
G. Send letters to largest users, explain overall issue and invite
H. Dilcusl bi-monthly or budget billing
I. Make final report of recommendation =o Council with final contract
documents - November or December, 1993
MOD
II.
XXX.
SlWAGI FIlS
Current & Tont&t£voly Pro~a~
Current Proposed
J~l~. l, J~n. 1, J~n. 1,
1994 1995 1996
$0.97/100 $1.13/100 $1.29/100 Sl.47/100
cu. f=. cu. ft. cu. ft. cu. ft.
Septic Ta~JK O£lpolml FNlt
Current Pro~oeod
Jan. 1, Jan. 1, Jan.
Up to 1,500 gal./
truck - S20.00
Ore= 1,500 gal./
t=uck - $30.00
$23.20 $26.45 $30.15
$34.80 $39.6? $45.22
lnduwtrJ~l Oomt Bmcovm~ (Applies ~o uoe=l roquir£ng treatment of 30,000
gallone or more per day)z
Per 1,000 g&l~ons
BOO, Per 1,000 Lbo.
SS, Per 1,000 Lbo.
P, Per 1,000 lbs.
TIC]l, Per 1,000 lbs.
jan. 1, Jan. 1, Jan. 1,
~ 1994 1998 1996
I 41.06 I <1..23 $ A.1.40 $ 41.60
$ 45.64 $ 52.94 $ 60.35 $ 68.80
$ 36.23 $ 42.03 $ 47.91 $ 54.6:2
$320.99 $382.70 $436.38 $497.47
$380.37 $4S0.51 $sx3.s8 $585.48
4-LAth or
Jan. lw Jan. 1, Jan. 1,
Gurreg~ 1994 1998 1996
$ 300.00 I 348.00 t 396.72 S 452.26
$ 7S0.00 S 870.00 $ 991.80 $1,130.65
$1,500.00 Sl,740.00 $1,983.60 12,262.3o
Fr Ldav
Sewage growth agreed on
m,m ~m, mmm~--~ m m .m m~ ~m
mlwm
Rmm~m .m~m m i m ~m W mm mmm ~m ~m~
mammm'.u m m~m~ u mm ~m
mmm~m m~mUm~m~mmmm
m~lmmm~mp ~l~m mmmlm mmm ~my ~,m ~mm~m m
m aimlml. Om Omm m md. em-
aommc lrOW~ tumid M MMd. "were m
tam. you L-m-'t hl,~m dm~eloommsL*' Slrovd
14mmm~m woe Miyor leve.~/I~ LmeC.'Wk
IUd .m tim ,-- m cmmhmmm a ~u
mvlmm: IIIGOOQ. Z4 ~
Sewer rote
may climb
50 percent
Roanoke may [flcre~ more
to held ~y for exDand~ tae
~ treatment Dl~t and
overl~ ~er Imm.
The avera[e customer's
montaly ch~ would ~ly
c~ ~mm S6.4~ tO S9 ~0 ~ 1~
oMs.
~s ~s the ~ for a c~mm~
u~ml ~.~ ~llons of water
~d~tl~ ~.
the ~. w~ ~n f~
Iow t~ s~M iv~ of
R~'s ~hm ~
R~ v~.
R~ C~, S27.~ vim
~a~~
~ m ~ C~ C~
d~~i~m
~m~im~~
~ C~. S1~35 ~
~ SIO.~ ~: ~
~. Si.~ ~ m vim
s~.~
~ it ~ m ~y ~ m
Same plant,
but sewer
rates vary
JOEL "LJRNER
They all use the same ~ewage treatment
plant, but you would never suspect It if you
looked at their customers' bills.
In Roanoke. a homeowner pays $6.47 a
month for treatm$ 5,000 ~allons o1¢ sew~e, an
average amount for a residential customer.
In Roanoke County, a customer pays
$9.49 to treat the same amount ot' sewa[e.
The bill is even lar~er in Botetourt Coun-
"The difference comes in the
cost and maintenance of sewer
lines and the administration... '
~y, where a customer pays S I S.50 a month for
5.000 saJlons.
So why do ~e rates vm~ so much?
OfficiaLs say the~e am several fKtor~ The
outstandin$ debt on sewer lia~s, the aeed to
build ne~ lines and the size of the custon~r
base are amoa8 the ma~oas.
The hilber the debt on sewer lines, the
hilher the rates needed to mgny the money.
And if a loeali~ needs to build new liam
to serve developinl ames. that also ~an d~ive
up rates.
Attention ha~ been focuMd on ~,su~ ~
recently, because Roanoke must inemnM i~
rates by 50 percent over. ~ mt ~ ~ ~
pay for expendinl the tmmmem I~Smt and
Even after tl~ ~ Iknmmim's aswa.
other Rommlm Valls~ ~
And Rommlm's emai~imd bil far mq~K
and water service wil mmeia Imm~ ,h-- ~m
of eny o~,r iocMip/.
WATER/SEWER
RATES
All costs ~ 0fl utllizatio~ of
5,000 gallons I~r monm
FLOW ALLOCATION
/~ ~ ~llmlW~ Bot~tourt Vinton
i ~ ' TOTAL
35
Botetourt Vinton
~.~ t.ll
Staff
:keteering laws be used against abortion~inic attackers
Sewer
C~OM PAGE C~
Xll five valley localities pa>' ba-
slcall> the same rate ['or treaung
sewage.
Roanoke owns the treatment
plant and treats sewage from the
o~er [oc~ht~es on a contractual
Under the ~o~ul~ ~or de~er-
mimn~ the cost ~or each locality, a
tre~tmen~ ~ee is calculated each
~e~r based on ~he piano's o~ratlon
costs.
The total operation costs are
divided by the volume of ~wage
treated, ned a chat~e for each
~ion Balloes ~s calculated. The
cha~e then is a~plied to each
i~'s ~wa~ volume.
The l~aliti~' cune~t cha~es
[~ tteatmB ~ million ~ons o~w-
a~ ate: ~tetoun County. $371.88:
~ntoa. $371.88; S~em. $373.76:
and Roanoke Count, $~75.61.
The c~ v~ sli~dy
cau~ ~e te~ of the
cent~ wt~ R~oke provide
~ pt s~ additio~
r~ to ~pi~ ¢~ wbee the
p~et w~ ex~d~ two d~d~
~e ca~. It's apt e~ ~-
e~ to have ~y ~~ e~-
~ot of u~ ~d o~o~
c~t ~d ~nt~ of ~
a~ ~ ~mi~on o~ ~ b~-
i~ a~ o~ o~" ~
". ~e c~ ~d ~ ~e ~-
ti~ to R~ for ~t
Roanoke's sewer rates are low.
par'ti? because the crt?' doesn't have
any debt on lines and is not build-
ing new lines.
· 'We have an old s.~stem that
teaks sometimes, but ~t's pard for."
~ser said.
By contrast, suburban
Botetourt and Roanoke counties
still are developm$ and bufldm$
sev, er ~lnes.
Clifford Craig. Roanoke Coun-
V,'S utilit> director, said the count>'
still is budding lines, such as a S3
mdlion interceptor to ser~'e the area
west of Salem.
· 'We are still expanding, and
we have to build new tines to serve
growmg areas." Craig said. The
county sells bonds to help finance
new lines.
Unlike Roanoke. where houses
are close together, the county is
densely populated. As a result, the
county h~s to build lines in some
areas where houses and sulxiivi-
sions ate rat apart. Craig said this
necessitates hi~et rates to help pay
trot He lines. "Sometimes. we milht
have to ~o 300 to 400 feet between
[se~er] connection" Craig said.
Crai$ ~id Roanoke County
operates ~ts se~et s¥~em po aa
te~me rued. so only ~*~et custom-
em ~ not ~11 taxi, yen -- pay rot
treatment and new lines.
Roanoke hu little vacant land
and doesn't fa~e the cost for extend-
in[ iine~. But tl~ ci~ will have to
issue bonds to help pay its sh~re of
tl~ S41.5 million ~ost rot expand-
in[ tl~ t~atm~nt plant and
in[ ~everal major lines.
Roanoke has a much ta~r
~ of cu~tomm --
iy 40,000 -- ~ the otlaet
ties. Tee c(m~ ate Sl)te~
mote cu~omets, ami the impact on
~ is less.
B? comparison. Botetou.-.
1.300 customers. Roanoke Count',
has 20.000.
Because of the scarc:t~, ~t ,,.:s-
:omers. Botetourx's rates ~r~
highest ~n the Roanoke ~,
· 'We still ha~e some ae-~:s :~
our lines and ~e dOn't ~a~
customer base as the other
ues," sa~d Kur:
Botetour~'s director pt'
works.
~ser predicts the other
help pay for the plant expansion
and new lines.
Craig sa~d tt wdl be dtt'ficuh
Roanoke Count,,, to a~otd a
mcrea~, In ~ddmon :o ~ts S:23
million s~re.of :he plank expan-
sion. the count> needs to spend
additional $3 mtlhon on lme
s~ons and repmn, he smd.
Even after the se~er rate
crew, Roanoke's com~me~ ~d[ for
5,~ ~iloas of sewer and ~ater
will ~ lower than the state a~ erage.
The cost for expanding the
plant is b~d on ~veral factors,
including ~e pro)~ted sewage
f~m each l~ality. The cost %ill be
split t~l~ way:
~ R~noke. $IS.~T m~llion.
~tCe~t
~Roanoke County. ~12.35
milton, 29.8
~em. $10.46 million. 25.2
~ ~tetou~ Count>. S I 93
lipa. 4.6 ~tcent.
~Via~. $990.~. 2.~ per-
~e ~ t~atment plant has
a ~g of 35 million gallons a
~y. It wi~ ~ expanded to ~2
lio~ ~o~s.
R~oke will u~ nearly halt'
~t ~ty ~ 19.2 million
Io~ ~e all~tion for the other
i~i~ ~ ~: Roanoke Count>.
10.3 ~lioa; ~lem. ~ million:
~ Couat~, 2.6 mdlton: and
Visine. 2.1 mdlion.
II.
III.
IV.
FINAL RECOg~J~NDATION TO WATER R~SO~RCES COg~ITTEE NOVEMBER 22, 1993
SEWAGE FEES
Current & Tentatively Proposed
Standard Treatment Charge Fees:
Current
Prol:x:med
Mar. 1, J~.n. 1, Jan. 1,
1994 1995 1996
$0.97/100 $1.13/100 $1.29/100 $1.47/100
cu. ft. cu. ft. cu. ft. cu. ft.
Septic Tank D£epoaal Fees:
Nar. 1, J~. 1, J~11. 1,
1994 1995 1996
Up to 1,500 gal./
truck - $20.00
Over 1,500 gal./
truck - $30.00
$23.20 $26.45 $30.15
$34.80 $39.67 $45.22
Induetr£al Co~t ~ (Applies to users requiring treatment of 30,000
gallons or more per day):
Per 1,000 gallons
BOD, Per 1,000 lbs.
SS, Per 1,000 lbs.
P, Per 1,000 lbe.
TKN, Peg 1,000 lbl.
M~X'. 1, Jail. 1, Jail. 1,
1994 1995 1996
4-inch o= 6-inch
8-inch
lO-inch
$ .106 $ .123 $ .140 $ .160
$ 45.64 $ 52.94 $ 60.35 $ 68.80
$ 36.23 $ 42.03 $ 47.91 $ 54.62
$329.99 $382.79 $436.38 $497.47
$388.37 $450.51 $513.58 $585.48
M&Z'. 1, J~. 1, Ja/l. 1,
~t 1994 199S 1996
$ 300.00 $ 348.00 $ 396.72 $ 452.26
$ 750.00 $ 870.00 $ 991.80 $1,130.65
$1,500.00 $1,740.00 $1,983.60 $2,261.30
THIS CONTRACT, made and entered into this day
of , 1994, by and between the CITY OF
ROANOKE, hereinafter referred to as the "City"; and the COUNTY OF
BOTETOURT, and the COUNTY OF ROANOKE, and the CITY OF SALEM, and
the TOWN OF VINTON (all parties being political subdivisions of the
Commonwealth of Virginia);
W I T N E S S E T H:
WHEREAS, the City of Roanoke operates within and without
its boundaries, a sewage treatment plant facility with a system of
interceptors leading therefrom providing service within the City's
corporate limits and to certain points beyond said corporate limits
which Plant and System are capable of treating wastes which
otherwise would be discharged into the waters of the Roanoke River
and its tributaries; and
WHEREAS, it is the desire of the parties to protect the
health and well-being of their citizens, the community and its
environment, and to dispose of the waste by-products of the
community in a safe and efficient manner sharing costs and benefits
fairly; and
WHEREAS, the City of Roanoke entered into agreements with
the County of Botetourt on March 23, 1972, the County of Roanoke on
March 17, 1972, the City of Salem on February 29, 1972 and the Town
of Vinton on March 22, 1972 (collectively "the 1972 Contracts"),
for use of the Plant and System as a regional facility to accept,
Area of Roanoke County: all of the
unincorporated area or territory of Roanoke County, Virginia not
assigned as the service area of the Town of Vinton; and not served
by the Montgomery County Public Service Authority.
Area of City of Salem: all of the incorporated
area or territory of the City of Salem, Virginia.
Area of the Town of Vinton: all of the
incorporated area or territory of the Town of Vinton and those
portions of eastern Roanoke County that are served by the Town of
Vinton, pursuant to an agreement between Roanoke County and the
Town of Vinton dated May 25, 1979.
Areas:
Areas, taken collectively.
B. City:
C. b.o.d.
all of the above-defined individual
The City of Roanoke, Virginia.
or b.o.d, content: the quantity of
oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure in five days at 20o C.,
expressed in parts per million by weight.
D. Debt: Principal payments of indebtedness,
both long-term and short-term, on City-owned Joint Use Facilities
existing as of the date of this Agreement with final payment on
April 15, 1995, in the amount of $250,000.00.
E. Fiscal Year: July 1 of each year to June 30
of each succeeding year.
F. Industrial wastes: liquid waste delivered
through the sanitary sewer system, other than normal sewage, which
3
L. Objectionable Material: any substance in
liquid waste which may damage, obstruct or create a maintenance
problem within the System or which could reasonably be expected to
upset or create an unusual cost in the treatment process, or which
is in violation of the Code of the City of Roanoke (1979), as
amended (the "City Code").
M. Other Parties= County of Botetourt, County of
Roanoke, City of Salem, and Town of Vinton, collectively.
N. Person= any individual, firm, company,
association or corporation, including public agencies.
O. pH: the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution; a
stabilized pH will be considered as one which does not change
beyond the specified limits when the waste is subjected to
aeration.
P. Plant: the sewage treatment plant and
immediately related treatment facilities owned and operated by the
City.
Q. p.p.m.: part(s) per million.
R. Responsible Party: The governing body
responsible for the relevant Area.
S. Suspended Solids: solids measured in mg/1 that
either float on the surface of, or are in suspension in water,
sewage, wastewater or other liquids, and which are removable
largely by a laboratory filtration device.
5
representations, the City may require the Responsible Party to
limit or control such delivery to conform with the data and
information provided. The City shall be obligated to receive flow
from each of the Other Parties in quantity only to the allocated
design capacity of the City's interceptors and sewer lines
receiving such flow and the allocated design capacity of its Plant.
Each of the Other Parties shall have the right to evaluate the
capacities of the City interceptors and sewer lines receiving such
flow. In cases of dispute over line capacity, an engineer
representing the City and one engineer representing the party or
parties disputing the capacity, together with a third mutually
acceptable engineer shall resolve the capacity in dispute.
The delivery points to the City shall be determined by
the City based upon reasonable criteria established by the City,
and any disputes resolved as above.
The City agrees to accept, at said point or points, all
of the Normal Wastes and acceptable Industrial Wastes from the
Areas and to transport the same therefrom, through its interceptor
line or lines, to the Plant, and to accept and treat all such
Wastes in the Plant to the same extent and degree that it shall
accept and treat Wastes originating within the City. Such
treatment shall be the exclusive responsibility of the City. No
Normal Wastes or acceptable Industrial Wastes shall be discharged
from within the Areas directly or indirectly to a stream except as
may be permitted from time to time by the Virginia Department of
Environmental Quality, or its successor. All Normal Wastes and
7
Should the Responsible Party extend by interceptor
or interceptors from its boundaries directly to
connect with the City's sewer lines at the City's
boundaries, then the meter or meters shall be
installed at the other Responsible Party's
boundaries and a determination as to the
requirement of a meter or meters at the connections
to the lines within the City's boundaries shall be
made at a later time dependent upon the progress of
connections.
3. Should the Responsible Party transmit Wastes from
its Area by transmission lines or facilities
external to this Agreement by arrangement
satisfactorily made between all parties concerned
and consistent with existing related contractual
agreements of the City, then the metering, sampling
and other installations at the boundaries of the
Responsible Party shall be provided by the other
party for measurement of Wastes transmitted from
its Area.
Where meters are determined by the City to be
inadequate in operation, performance or in size, the City may
replace, or direct the Responsible Party(s) to replace, such meters
with satisfactory meters. At each new point of delivery to the
City and at each present point of delivery of Wastes to the City
where a recording flow meter currently in place or being installed
water service, the volume of sewage flow shall be determined to be
140% of the volume of metered water unless there is a different
valid basis for estimating Infiltration and/or Inflow. If the
service area characteristics change for any such line so as to
render metering practical, a meter shall be installed in accordance
with the provisions of the preceding paragraph.
As of the first working day of the month, or as close
thereto as practical, immediately following the commencement of
transmission of Wastes from an Area to the City, and monthly
thereafter, the City shall read all meters recording flow from the
Area to the City. Such meter readings, plus the calculated sewage
flow of any then un-metered lines and prorated Infiltration and/or
Inflow as provided in the preceding paragraph and Subsection I.G.
shall be the basis of charges made to the Responsible Parties under
Section IV of this Agreement. Should weather conditions,
malfunctioning of a meter or other circumstances beyond immediate
remedy by the City reasonably prohibit the City from a regular
reading of a meter, then the sewage flow through such line for the
month shall be the average of the sewage flow for the three
immediately preceding months with similar rainfall patterns, as
determined by the City, wherein actual sewage flows were recorded.
Records of metered and calculated sewage flow, obtained and
maintained by the City, shall be reported to the Responsible Party
and such records shall be available for inspection by the Other
Parties during all normal business hours. Any dispute over such a
sewage flow determined by the City shall be resolved as provided
for disputes in Subsection II.B.
11
terms and at the charges provided for in this Agreement any Wastes
originating outside the limits of the Areas.
III. CHARACTER OF WASTES:
A. Except as provided in subsection B, the
Other Parties agree to take whatever measures are necessary to
deliver only Normal Wastes to the System. The Other Parties agree
that the Wastes, as delivered to the System, shall comply with all
requirements and limitations as set forth in the City Code current
at the time and shall not contain any elements or concentrations in
violation of any local, State or Federal statute, law, regulation,
or ordinance. The Other Parties expressly agree that the
definition of Normal Waste may be amended should the City, as the
owner and operator of the Plant, be required to upgrade the sewage
treatment process or be ordered or compelled by State or federal
regulatory authorities to increase the quality of effluent
discharged by the Plant into the waters of the Roanoke River,
provided that the City applies and enforces the same definition on
Wastes permitted to be introduced into its Plant or System within
the corporate limits of the City. The City agrees that the above
limitations or restrictions on character of Wastes shall also be
applicable to Wastes collected by the City and delivered to the
Plant. The City agrees to notify the Other Parties of any changes
in the City Code relating to the Plant or the System.
Should the City determine that one or more of the Other
Parties are delivering Objectionable Materials to the System, the
City, through it City Manager, shall notify the Responsible Party
by certified mail with return receipt, through its chief
13
1,000 p.p.m.b.o.d, or 1,000 mg/1 Suspended Solids or containing
such other concentrations of constituents in violation of the then
prevailing City Sewer Use Ordinance. The Responsible Party shall
pay the City a surcharge for the treatment of other than Normal
Wastes, beyond the Base Monthly Rate as provided in Section IV.
C. Each Other Party expressly agrees to adopt,
maintain and enforce within its respective Area compulsory
ordinances, no less regulatory or restrictive than ordinances
effective within the City, regulating, limiting or prohibiting the
introduction of substances, matter or materials which are
objectionable, either as to quality or quantity, into the System.
CHARGES FOR SEWAGE TRANSMISSION AND TREATMENT
IV.
SERVICE:
The Other Parties agree to pay the City the
following charges for transmitting and treating all Wastes
delivered to the System. Such Wastes are to be measured at each
point of delivery from the Areas. No part of such charges shall
constitute or create an equity or ownership interest of the Other
Parties in the value of the City's Plant or System.
A. The annual rates for transmission and treatment
of Waste from the Areas shall be set for each Fiscal Year based on
the external annual audit. The Base Monthly Rate for Wastes per
one million gallons of such Wastes accepted' for transmission and
treatment shall be determined by the method set out in Subsections
B., C., D., and E.
Notwithstanding any other provision of this
Agreement, the charges for transmission and treatment of such
15
ae
be
Operation and Maintenance: Actual cost of
operation and maintenance of the Plant and System,
excluding the cost of the City's enforcement of the
industrial pretreatment program within the City,
and including but not limited to the following
items of cost: personal services, stationery and
office supplies and equipment, postage, telephone,
other communications, insurance and bond premiums,
automotive, travel, supplies, fuel, electricity,
water, repairs, workers' compensation costs,
management, engineering, legal, treasury,
accounting, employees retirement, hospitalization
and social security as paid by the City and
miscellaneous expense. The above expenses shall be
reduced by revenues received by the City during the
year from (1) the sale of waste products of said
Plant, and (2) the surcharge fees collected by the
City and those provided the City by the Other
Parties and (3) expenses for maintenance and
construction costs of sewer lines solely owned and
used by the City, to determine expenses of
operation and maintenance.
Capital Outlay from Re¥~nu~: Capital Outlay from
Revenue on Joint Use Facilities shall be determined
annually for each Fiscal Year by the City and
included as Operation and Maintenance costs.
Expenditures for Joint Use Facilities shall be
those costs funded from retained earnings and shall
be used to determine the succeeding Fiscal Year's
costs for sewage treatment, except in those
instances when any such annual expenditures shall
exceed $500,000 in 1994 dollars adjusted annually
by the Engineering News Record Construction Cost
Index. If these costs do exceed $500,000, the City
may elect to make an· adjustment to the then
prevailing rate at that time by.recalculating the
current Fiscal Year rate as if the aforementioned
expenditure had occurred the preceding Fiscal Year
with the adjusted rate calculated to recover the
necessary expenditure during the remaining months
of the Fiscal Year. If these costs for a single
expenditure exceed $1,000,000 or if these costs for
cumulative expenditures exceed $2,000,000 (in 1994
dollars) adjusted by the Engineering News Record
Construction Cost Index in any one year, these
costs shall be capitalized over ten (10) years, at
the prevailing "20 Year -Bond" Municipal General
Obligation Index as published weekly by ~
~LY_9~, in effect at the end of the fiscal year,
plus 1%, said rate to remain fixed over the 10 year
term, with the cost expressed as debt principal and
interest added to the cost calculation formula.
17
allocated capacities in the facility. Such expenses shall include
all repairs necessitating the use of heavy construction equipment
or the employment of a private contractor.
D. In any month during any Fiscal Year during
which additional treatment costs are incurred by the City due to
the need for or requirement of additional treatment or handling,
either due to quality or quantity of Wastes, the charge to the
Other Parties per million gallons for that month shall be adjusted
by addition of such additional cost to the City based on actual
monthly flow.
E. Should the strength of the wastes at any point
of delivery to the City, or at the point of delivery to another
party for delivery to the City, exceed a b.o.d, of 300 p.p.m, or
Suspended Solids of 300 mg/1, as determined by the City through
metering and sampling, then the Responsible Party agrees to pay to
the City a surcharge in addition to the Base Monthly Rate for
Normal Wastes. Such surcharge shall be actual cost, but not less
than two percent (2%)of the Base Monthly Rate for each ten (10),
p.p.m, of b.o.d, or 10 mg/1 of Suspended Solids, or each fraction
thereof, for the transportation and treatment of Wastes, within the
limits set forth in Subsection III.C. The Responsible Party shall
continue to pay the surcharge until the Wastes are determined by
19
in ~6.1-330.53 of the Code of Virginia (1950), as amended or any
successor section.
The Other Parties agree that the full amounts
of any and all taxes and assessments that may be lawfully assessed
or imposed upon the City during the term of this Agreement by the
Other Parties resulting in any manner whatsoever because of the
City's providing the services required by this Agreement, shall,
prior to the payment dates, be added to such monthly bill and paid
by each of the Other Parties as billed.
H. Should any issues or disputes arise between the
City and one or more of the Other Parties relating to the accuracy
or the computation of the charges, resolution of such issues or
disputes shall be determined by a majority of a committee of three,
composed of the City's Director of Finance, an individual
designated by the governing body of the disputing party(s) and an
independent certified public accountant, to be chosen by the
foregoing two. Any expenses incurred in hiring the independent
certified public accountant shall be borne equally by the City and
the disputing party(s).
I. Nothing in this Section IV. and in Section
VII., shall be deemed or construed to constitute an assumption by
the Other Parties of any indebtedness of the City, bonded or
21
Roanoke County
City of Salem
Town of Vinton
Botetourt County
29.2%
20.9%
5.6%
7.0%
The Total Project Cost shall include all costs
necessary to provide the capacity for the respective elements as
set forth in Appendix A, including but not limited to design,
acquisition of all necessary property interests, inspection, permit
fees, construction and preparation and any and all claims arising
out of the project and the legal defense or prosecution thereof.
The parties agree that the Other Parties will not be
responsible for any costs associated with the City's flood
reduction project which are not directly related to
sewage/effluent, such costs shall include environmental mitigation
such as cleanup of hazardous materials or sites or historic
resources investigations.
1. Each party agrees to provide its own financing
in order to provide the funds required to pay its percentage of
costs for the improvements referred to in Appendix A.
2. During the design and construction of the
projects set forth in Appendix A, the City of Roanoke will invoice
23
being so delivered to the City for transportation and treatment,
the City at its option, may:
1. Cause the Responsible Party to immediately
discontinue the delivery of any such Industrial Wastes or
Objectionable Materials and/or to reduce the b.o.d, and Suspended
Solids content of such Wastes so that the b.o.d, and Suspended
Solids content thereof
Subsection III.B.; and
2.
will conform with the provisions of
Require the Responsible Party to pay such
additional charge for the treatment of such Wastes, as are provided
in Section IV. Imposition of a surcharge may be retroactive over
a determined period during which the violation occurred. Payment
by the Responsible Party shall not constitute a basis for
continuation of the delivery of Wastes in violation of this
Agreement. The acceptance by the City of such surcharge shall not
be construed as agreement by the City to vary from the terms of
this Agreement.
B. The City, in the presence of the Responsible
Party, shall have the right to sample and/or measure the quantity
or quality of the Wastes delivered into the sewer lines of the
Responsible Party by any individual, firm or corporation and, on
request, the Responsible Party shall arrange for and accompany any
25
2. It is the further intent of this section
that none of the parties shall act in an unreasonable manner so as
to deter a recognizable need of the other to obtain orderly means
of transporting Wastes, to the point of treatment. Each party has,
and is anticipated to continue to have, a schedule or program of
major sewer line requirements
projections pertaining thereto.
and financing capabilities or
Such schedules or programs shall
be coordinated to the greatest extent possible between the parties,
for the purposes of assuring mutual abilities to perform under this
section and for avoiding the need of the transportation
requirements of one party constituting an unexpected demand upon
the other.
3. An overall objective of the provisions of
this section is that the design, construction and location of sewer
lines shall be such as to anticipate, to the extent that can be
reasonably determined, the maximum or ultimate volume, based on
existing and potential development, of Wastes that will be required
to be transported from or through the Areas of the Other Parties.
B. SEWER LINg CONSTRUCTION:
1. Ail parties agree that all sanitary sewer
system interceptors, mains, lines and other facilities and all
additions thereto and extensions thereof within each respective
27
However, the City shall not construct duplicating or competitive
lines in any portion of another party's Area then actively supplied
with sewage transmission service by that party.
(c) Should the City enter into separate
agreement with another governmental subdivision, or other
governmental agency for providing City allocated capacity, for the
transportation and treatment of Wastes, then any sewer lines
constructed by any party to this Agreement under this section which
may be used or of use in the City's transportation of Wastes from
that other governmental subdivision or agency shall be designed,
constructed and located as to permit the use of such line by all
appropriate parties to this Agreement, should the other(s) so
desire, and a proportionate division of the costs of designing and
constructing such line shall reflect all such parties' designed use
of such line.
Construction by the Other Parties:
(a) Each Other Party shall construct or
cause to be constructed without cost to the City all sewer lines
within its own Area which are designed for the sole use of its Area
and which are deemed necessary to be constructed for the purpose of
collecting and transmitting Wastes in its own Area for delivery to
the City for treatment.
29
way and shall bear all costs of said line and all maintenance
thereof. Notwithstanding the above, no such main or interceptor
line shall be used to serve property located within the City except
upon approval of the governing body of the City expressed by
resolution. The City shall not act to unduly restrict the ability
of the constructing party(s) to proceed hereunder. Should the
City, subsequent to construction, desire to use any portion of the
line, such
VII.S.4.(f).
request shall be handled pursuant to Paragraph
Construction - Generally:
(a) When any party
anticipates
construction of any new or relief sewage transportation facilities
which could potentially be useable by another party, the
constructing party shall advise the other and invite participation
in the design and construction. The constructing party shall apply
for any applicable State or Federal grant monies, with concurrence
and support from the other party.
costs of design, construction,
The local share of all capital
reconstruction, enlargement or
replacement shall be borne by both parties on a ratio equal to the
percentage of design flow allocated to each party in the new
facilities, as shall be mutually agreed upon.
31
(e) For the purpose of determining design
of Joint-use sewer lines to be constructed by any of the parties to
this Agreement, the party interested in joint use shall submit to
the constructing party data and information to support the
requested design capacity or to provide a sound evaluation of the
capacity requirements projected for the Area to be, or which might
ultimately be served by the sewer line. The City shall make
available to the constructing party, data and information pertinent
to the City in planning and design of Joint-use sewer lines within
the City.
(f) After the date of this Agreement, if
one party constructs an interceptor or outfall line not designed
for joint use, either because Joint use was not anticipated or
because the other party failed or declined to participate in the
cost of construction as provided above, the other party may be
allowed temporary use of excess or unused capacity of the line.
Each party agrees and covenants
granted until such time as the
that such permission shall be
excess or unused capacity is
required for use by the party financing the cost of construction.
Prior to terminating Joint use of an interceptor or outfall line
not designed for joint use, notice of not less than eighteen months
shall be given to the party using the excess capacity during which
33
to the requesting party under the provisions of this subsection and
by mutual agreement thereof.
(g) Every effort shall be made by all
parties to avoid unnecessary capital expenditures. The parties
agree, where feasible, to alter direction of flows to make use of
existing sewer lines with available capacity or to provide
temporary facilities, in some instances, to avoid or defer
expenditures. In this manner, undue burdens on any other involved
party can be deferred until the need arises for major construction
which would fully benefit all involved parties.
(h) In the event of any party's
termination of the use of any sewer line, there shall not be an
obligation, unless otherwise mutually agreed upon, for that party
to refund or repay the other party or parties sharing the facility,
any portion of funds theretofore supplied by such terminating party
for construction of such line or for operation and maintenance
expenses of said line under this Agreement.
VIII. ~T~.ATION OF CAPACITY:
A. The parties agree that the Plant shall serve as
a regional facility in order to be of beneficial use to those
political subdivisions, or to portions thereof within the Roanoke
Valley area and its environs, which contract with the City for such
35
shall be renegotiated. The reimbursement for this
additional capacity shall be computed as shown in Appendix B.
temporary usage shall be billed on a monthly basis.
The City shall keep records to the extent practical
of Joint Use Facility usages on a monthly basis and provide a
summary to the Other Parties on an annual basis.
C. In the event there should be added or annexed
to the corporate boundary of a party to this Agreement any portion
of the territory of the Other Parties within which are located
sewer lines transmitting to the Plant, the annexing party shall
have the right to acquire such lines, together with all appurtenant
rights of a way and easements. The terms of the acquisition shall
be as stipulated by the Court ordering the annexation.
IX. ASSIGNMENT:
It is agreed by the parties that their rights and
obligations under this Agreement may be assigned and transferred to
a public agency organized or created by some or all of the parties
under the laws of the Commonwealth of Virginia, but no such
assignment shall be construed as relieving the parties or their
governing bodies of any of their responsibilities and lawful
undertakings herein lawfully agreed to be undertaken.
temporary
This
37
22, 1972 Agreement with the Town of Vinton, and to the extent of
any inconsistency, supersedes any and all other previous agreements
between the City and any of the Other Parties. No revision or
amendment of this Agreement shall be valid unless made in writing
and signed by the parties hereto.
XIV. COPIES:
This Agreement shall be executed in quintuplicate,
any one of which shall be deemed the original.
XV. REPRESENTATIONS:
Each party represents for itself and warrants to the
Other Parties hereto that it has all requisite power and authority
to enter into this Agreement which is legally binding upon it and
that it has all requisite power and authority to perform its
obligations under this Agreement and incidental hereto.
ATTEST:
WITNESS the following signatures and seals:
CIT~ OF IOA~OK~
Mary F. Parker, City Clerk
David A. Bowers, Mayor
39
Roanoke River Interceotor
The planned improvements will replace the Roanoke River Interceptor
from the Regional Sewage Treatment Plant to the City of Salem. The
parties to this Agreement agree to the following minimum design flow
capacities expressed in MGD in the various segments of the Roanoke
River Interceptor:
Segment A
Segment B
Segment C
Sewage Treatment Plant
to Ore Branch
Ore Branch to Mudlick Creek
Mudlick Creek to City
of Salem Connection
77.57 MGD
56.90 MGD
34.50 MGD
The parties to this Agreement agree to the following allocation of
flow capacities in the various segments of the Roanoke River
Interceptor expressed in MGD:
Segment A Segment B Segment C
(MGD) {MGD) {MGD)
City of Roanoke
Roanoke County
City of Salem
32.07 16.40 6.00
23.00 18.00 6.00
22.50 22.50 22.50
TOTAL
77.57 MGD 56.90 MGD 34.50M~D
Tinker Creek Intercegto[
The planned improvements will replace the Tinker Creek Interceptor
from the Regional Sewage Treatment Plant to Orange Avenue. The
parties to this Agreement agree to the following minimum design flow
capacities expressed in MGD in the various segments of the Tinker
Creek Interceptor:
Segment A
Segment C
Sewage Treatment Plant
to Vinton Connection
Vinton Connection to Glade Creek
Glade Creek to Orange Avenue
41.68 MGD
38.38 MGD
26.88 MGD
The parties to this Agreement agree to the following allocation of
A-1
APPENDIX B
TO THE
1994 SEWAGE TREATMENT AGREEMENT
Reimbursement for temporary utilization of the unused capacity of
a Joint Use Facility belonging to another party to this Agreement
shall be calculated in accordance with Item VIII B as follows:
EXAMPLE - PLANT CAPACITF
In the year 2000, Entity A wants to purchase 1.0 MGD of
Entity B's available capacity in the Plant. Entity B has a
total of 12.0 MGD of capacity in the Plant and is not using
all of its capacity. The following method would be used to
calculate reimbursement:
Plant Capacity Reimbursement = 1/12 of Entity B's share of
the capital cost of the 1994 plant expansion adjusted to the
then current date by the Engineering News Record
Construction Cost Index and amortized over 20 years at the
prevailing "20 Year Bond" Municipal General Obligation Index
as published weekly by The Bond Buyer, plus 1% as shown
below.
Entity B's Share of 1994 Expansion Plant Cost $10,000,000
Engineering News Record Construction Cost Index
Year Index
1994 5340
2000 6408
20 Year Municipal Bond Index Rate (2000)
7%
Original Share of Plant Cost Adjusted to 2000:
$10,000,000 x (6408/5340) = $12,000,000
Adjusted Plant Cost(2000)Amortized over 20 years at 8%(7% + 1%):
$12,000,000 x (A/P, 8%, 20) =
$12,000,000 x 0.10185
= $1,222,200/year
Payment by Entity A to Entity B for 1.0 MGD of Plant Capacity for
one year:
$1,222,200 x 1/12 = $101,850/year
EX~MPI,E - INTERCEPTOR CAPACI~/
Entity A wants to purchase 1.0 MGD of Entity B's available
capacity in the Tinker Creek Interceptor. Entity B has a
total of 10.0 MGD of capacity in the interceptor and is not
using all of its capacity. The following method would be
used to calculate the reimbursement:
Interceptor Capacity Reimbursement = 1/10 of Entity's B
share of the capital cost of the 1994 interceptor upgrade
adjusted to the then current date by Engineering News Record
Construction Cost Index and amortized over 40 years at the
prevailing "20 Year Bond" Municipal General Obligation Index
as published weekly by the Bond Buyer, plus 1%.
Entity B's Share of 1994 Interceptor Upgrade Cost $ 2,000,000
Engineering News Record Construction Cost Index
1994
2000
5340
6408
20 Year Municipal Bond Index Rate (2000)
7%
Original Share of Interceptor Cost Adjusted to 2000:
$2,000,000 x (6408/5340) = $2,400,000
Adjusted Interceptor Cost(2000)Amortized over 40 years at 8%(7% +
1%):
$2,400,000 x (A/P, 8%, 40)
$2,400,000 x 0.08386
= $201,264/year
Payment by Entity A to Entity B for 1.0 MGD of Tinker Creek
Capacity for one year:
$201,264 x 1/10 = $20,126/year
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-53-60-183-268-405
Brent Reuss
Project Manager
Black & Veatch
8604 Cliff Cameron Drive
Suite 164
Charlotte, North Carolina
28269
Dear Mr. Reuss:
I am enclosing copy of Resolution No. 32206-101094 authorizing execution of an
agreement with Black & Veatch to provide certain engineering services, in
connection with the Roanoke River Interceptor Sewer Project expressly conditioned
upon the City entering into an agreement with the County of Botetourt, the County
of Roanoke, the City of Salem and the Town of Vinton, in the amount of
$1,595,000.00. Resolution No. 32206-101094 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker, C
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32206-101094.
A RESOLUTION authorizing the execution of an agreement with
Black & Veatch to provide certain engineering services in
connection with the Roanoke River Interceptor Sewer Project
expressly conditioned upon the City entering into an agreement with
the County of Botetourt, the County of Roanoke, the City of Salem
and the Town of Vlnton.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement with Black & Veatch
for the provision by such firm of engineering services,
specifically, various professional services in connection with the
Roanoke River Interceptor Sewer Project, as more particularly set
forth in the October 10, 1994, report of the City Manager to this
Council. Such authorization is expressly conditioned upon the City
entering into an agreement with the County of Botetourt, the County
of Roanoke, the City of Salem and the Town of Vinton providing for
the financial contribution and the terms and conditions of
participation of the parties in the expansion and renovation of the
Roanoke Sewage Treatment Plant and the replacement of portions of
the Roanoke River Interceptor and the Tinker Creek Interceptor.
2. The contract amount authorized by this resolution shall be
$1,595,000.00
3. The form of the contract with such firm shall be approved
by the City Attorney.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 10th day of October, 1994.
No. 32205-101094.
AN ORDINANCE to amend and reordain certain sections of the
1994-95 Sewage 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 1994-95 Sewage Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Capital Outlay
Roanoke River Interceptor Sewer (1-2) ...........
STP Expansion Bonds - 1994 (3) ..................
Due from Other Governments (4-5) ................
1) Appropriated
from Bond
Funds
2) Appropriated
from Other
Governments
3) Appropriated
from Bond
Funds
4) Due from
City of
Salem
5) Due from
Roanoke
County
(003-056-8469-9001) $ 614,725
(003-056-8469-8999)
1,060,275
(003-056-8465-9001) ( 614,725)
(003-1071)
(003-1072)
564,475
495,800
18,318,857
1,675,000
15,085,275
1,060,275
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
October 10, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT:
ENGINEERING SERVICES
ROANOKE RIVER INTERCEPTOR SEWER
Background:
The City of Roanoke and the neighboring jurisdictions of Roanoke County
and the City of Salem have agreed that the Roanoke River interceptor is
in need of repairs and expanded capacity.
The cost allocations between jurisdictions for the proposed
improvements have been determined by separate agreement. The
estimated cost for the Roanoke River Interceptor Sewer project is $17.8
million.
City Council indicated its support of proposed sanitary sewer facilities
improvement by indicating its intent to approve agreements with other
participating jurisdictions, approval of a general obligation bond issue in
the amount of $15.7 million, and a phased adjustment of sewage rates.
In order to proceed with the proposed improvements, the following
engineering services are necessary:
Survey the route of the existing interceptor sewer and evaluate
logical routes for the proposed replacement.
Determine soil and geologic conditions that will govern the
engineering design of the interceptor sewer.
Identify and evaluate potential environmental concerns along the
existing and proposed interceptor sewer corridor.
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
ROANOKE RIVER INTERCEPTOR SEWER
Page 2
October 10, 1994
Prepare preliminary designs to determine the maximum practical
size of the sewer, its location, the type of construction, and its
estimated cost. Several design alternatives will be evaluated. The
preliminary design will also consider the potential environmental
concerns with the proposed construction and recommend
alternatives to minimize impact and liability.
Prepare construction plans and documents necessary to gain
appropriate regulatory approvals and solicit bids from qualified
contractors.
Prepare right-of-way and easement acquisition plats.
Provide construction support services during construction of the
proposed interceptor sewer.
II.
Current Situation:
A. Request for Professional Services with qualifying proposals was
advertised in the ROANOKE TIMES & WORLD NEWS for engineering
services with seven (7) firms responding with a statement of
qualifications.
B. A selection committee composed of the following persons was
designated:
Charles M. Huffine, P.E., City Engineer, City of Roanoke
Philip C. Schirmer, P.E., Civil Engineer II, City of Roanoke
Jesse H. Perdue, Jr., Manager, Utility Line Services, City of Roanoke
Kevin Sherer, P.E., County Engineer, Botetourt County
Robert W. Benninger, P.E., Assistant Town Manager, Vinton
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
ROANOKE RIVER INTERCEPTOR SEWER
Page 3
October 10, 1994
Eo
After review of all qualification statements, the following firms were
invited for interviews:
1. Hayes, Seay, Mattern & Mattern, Inc. of Roanoke, Virginia
2. Black & Veatch of Charlotte, North Carolina
3. Finkbeiner, Pettis & Strout, Ltd. of Roanoke, Virginia
4. Mattern & Craig, Inc. of Roanoke, Virginia
5. Hazen & Sawyer, P.C. of Raleigh, North Carolina
Personal interviews were conducted in the Office of the City Engineer on
February 22 and February 25, 1994.
The selection committee, following presentations, decided Black &
Veatch of Charlotte, North Carolina, was most qualified to perform the
engineering design based on the following criteria:
1. Familiarity with the proiect conditions needed for the design of the
proposed interceptor sewers
2. Prior experience with similar facilities
3. Professional staff with sufficient technical personnel and
equipment to meet the established schedule for the project
Negotiation meetings were held with Black & Veatch to establish a cost-
effective approach for the design and contract document development
for the interceptor sewer.
Black & Veatch has agreed to perform the work for the amount of
91,595,000.00.
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
ROANOKE RIVER INTERCEPTOR SEWER
Page 4
October 10, 1994
III.
Issues in Order of Importance:
A. Engineering concerns in establishing a reliable but cost-effective method
of design and construction
B. Schedules to provide initial contract documents for bidding by mid-year
1995
C. Reasonableness of fees proposed by the selected firm
D. Funding
IV. Alternatives:
Award engineering services contract for the work as stipulated in the
Request for Professional Services to Black & Veatch of Charlotte, North
Carolina, in the amount of $1,595,000.00.
Engineering concerns will be addressed during concept
development for the proposed interceptor sewer design.
2. Schedules to meet the established bid dates have been
incorporated into the consultant's contract.
Reasonableness of fees has been confirmed, based on the Scope
of Work involved and estimated cost of the facilities. The
proposed fee is 11.2% of the estimated project cost.
..
Funding is available in the Sewer Plant Expansion Bonds to fund
the City's portion of this contract. The other affected jurisdictions
have agreed to reimburse the City for their prorated share as
follows:
Roanoke County
29.6%
City of Salem 33.7%
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
ROANOKE RIVER INTERCEPTOR SEWER
Page 5
October 10, 1994
Do not award engineering services contract for the work as stipulated in
the Request for Professional Services to Black & Veatch of Charlotte,
North Carolina:
Engineering concerns will not be met in establishing a reliable,
cost-effective design for the construction of a new Roanoke River
interceptor sewer.
Schedules to meet the desired facility completion date cannot be
maintained.
Reasonableness of fees will have to be reestablished at a later
date.
4. Funding will not be an issue at this time.
Recommendation is that the City:
Award engineering services contract, upon execution of agreements with
participating jurisdictions, in a form acceptable to the City Attorney, to
Black & Veatch of Charlotte, North Carolina in the amount of
$1,595,000.00.
Appropriate $1,675,000.00 to a new account entitled "Roanoke River
Interceptor Sewer" to be allocated as follows:
Contract Value
Contingency
Total
$1,595,000.00
80,000.00
$1,675,000.00
Transfer $614,725.00 from account number 003-056-8465-9001, Water
Pollution Control Plant Expansion - 1994 Bonds, to the new account.
Establish an account receivable in the amount of $495,800.00 for
reimbursement from Roanoke County and $564,475.00 from the City of
Salem.
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
ROANOKE RIVER INTERCEPTOR SEWER
Page 6
October 10, 1994
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/PCS/fm/kh
cc: City Attorney
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, General Services
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-53-60-183-268-405-514
William M. Zollman
Project Manager
Hayes, Seay, Mattern and
Mattern, Inc.
1315 Franklin Road, S. W.
Roanoke, Virginia 24016
Dear Mr. Zollman:
I am enclosing copy of Resolution No. 32208-101094 authorizing execution of an
agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain
engineering services, in connection with the Tinker Creek Interceptor Sewer Project
expressly conditioned upon the City entering into an agreement with the County of
Botetourt, the County of Roanoke, the City of Salem and the Town of Vinton, in the
amount of $379,000.00. Resolution No. 32208-101094 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker,
City Clerk
MFP: sm
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-53-60-183-268-405-514
B. Clayton Goodman, III
Town Manager
Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Gerald A. Burgess
County Administrator
Botetourt County
One W. Main Street, Box 1
Fincastle, Virginia 24090
Randolph M. Smith
City Manager
City of Salem
P. O. Box 869
Salem, Virginia 24153-0869
Elmer C. Hodge
County Administrator
Roanoke County
P. O. Box 29800
Roanoke, Virginia 24018-0798
Gentlemen:
I am enclosing copy of Resolution No. 32208-101094 authorizing execution of an
agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain
engineering services, in connection with the Tinker Creek Interceptor Sewer Project
expressly conditioned upon the City entering into an agreement with the County of
Botetourt, the County of Roanoke, the City of Salem and the Town of Vinton, in the
amount of $379,000.00. Resolution No. 32208-101094 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker,
City Clerk
MFP: sm
Eric o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32208-101094.
A RESOLUTION authorizing the execution of an agreement with
Hayes, Seay, Mattern &
engineering services in
Interceptor Sewer Project
Mattern, Inc., to provide certain
connection with the Tinker Creek
expressly conditioned upon the City
entering into an agreement with the County of Botetourt, the County
of Roanoke, the City of Salem and the Town of Vinton.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement with Hayes, Seay,
Mattern & Mattern, Inc., for the provision by such firm of
engineering services in connection with the Tinker Creek
Interceptor Sewer Project, as more particularly set forth in the
October 10, 1994, report of the City Manager to this Council. Such
authorization is expressly conditioned upon the City entering into
an agreement with the County of Botetourt, the County of Roanoke,
the City of Salem and the Town of Vinton providing for the
financial contribution and the terms and conditions of
participation of the parties in the expansion and renovation of the
Roanoke Sewage Treatment Plant and the replacement of portions of
the Roanoke River Interceptor and the Tinker Creek Interceptor.
2. The contract amount authorized by this resolution shall be
$379,000.00
3. The form of the contract with such firm shall be approved
by the City Attorney.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 10th day of October, 1994.
No. 32207-101094.
AN ORDINANCE to amend and reordain certain sections of the
1994-95 Sewage 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 1994-95 Sewage Fund
Appropriations, be, and the same are hereby~ amended and reordained
to read as follows, in part:
Capital Outlay
Tinker Creek Interceptor Sewer (1-2) ............
STP Expansion Bonds - 1994 (3) ..................
1)
2)
3)
4)
5)
6)
Due from Other Governments (4-6) ................ $
(003-056-8468-9001) $ 183,600
(003-056-8468-8999)
216,400
(003-056-8465-9001) ( 183,600)
(003-1072)
131,600
(003-1073) 80,400
(003-1074) 4,400
Appropriated
from Bond
Funds
Appropriated
from Other
Governments
Appropriated
from Bond
Funds
Due from
Roanoke
County
Due from
Botetourt
County
Due from
Town of
Vinton
18,318,857
400,000
14,901,675
216,400
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST-.
City Clerk.
Roanoke, Virginia
October 10, 1994
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT: ENGINEERING SERVICES
TINKER CREEK INTERCEPTOR SEWER
I. Background:
The City of Roanoke and the neighboring jurisdictions of Roanoke
County, Botetourt County, the Town of Vinton, and the City of Salem
have agreed that the Tinker Creek interceptor is in need of repairs and
expanded capacity.
The cost allocations between jurisdictions for the proposed
improvements have been determined by separate agreement. The
estimated cost for the Tinker Creek Interceptor Sewer project is $4.62
million.
City Council indicated its support of proposed sanitary sewer facilities
improvement by indicating its intent to approve agreements with other
participating jurisdictions, approval of a general obligation bond issue in
the amount of $15.7 million, and a phased adjustment of sewage rates.
In order to proceed with the proposed improvements, the following
engineering services are necessary:
Survey the route of the existing interceptor sewer and logical
routes for the proposed replacement.
2. Determine soil and geologic conditions that will govern the
engineering design of the interceptor sewer.
Identify and evaluate potential environmental concerns along the
existing and proposed interceptor sewer corridor·
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
TINKER CREEK INTERCEPTOR SEWER
Page 2
October 10, 1994
.,
Prepare preliminary designs to determine the maximum practical
size of the sewer, its location, the type of construction, and its
estimated cost. Several design alternatives will be evaluated. The
preliminary design will also consider the potential environmental
concerns with the proposed construction and recommend
alternatives to minimize impact and liability.
Prepare construction plans and documents necessary to gain
appropriate regulatory approvals and solicit bids from qualified
contractors.
Prepare right-of-way and easement acquisition plats.
Provide construction support services during construction of the
proposed interceptor sewer.
II.
Current Situation:
A. Request for Professional Services with qualifying proposals was
advertised in the ROANOKE TIMES & WORLD NEWS for engineering
services with seven (7) firms responding with a statement of
qualifications.
B. A selection committee composed of the following persons was
designated:
Charles M. Huffine, P.E., City Engineer, City of Roanoke
Philip C. Schirmer, P.E., Civil Engineer II, City of Roanoke
Jesse H. Perdue, Jr., Manager, Utility Line Services, City of Roanoke
Kevin Sherer, P.E., County Engineer, Botetourt County
Robert W. Benninger, P.E., Assistant Town Manager, Vinton
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
TINKER CREEK INTERCEPTOR SEWER
Page 3
October 10, 1994
After review of all qualification statements, the following firms were
invited for interviews:
1. Hayes, Seay, Mattern & Mattern, Inc. of Roanoke, Virginia
2. Black & Veatch of Charlotte, North Carolina
3. Finkbeiner, Pettis & Strout, Ltd. of Roanoke, Virginia
4. Mattern & Craig, Inc. of Roanoke, Virginia
5. Hazen & Sawyer, P.C. of Raleigh, North Carolina
Personal interviews were conducted in the Office of the City Engineer on
February 22 and February 25, 1994.
The selection committee, following presentations, decided Hayes, Seay,
Mattern & Mattern, Inc. of Roanoke, Virginia, was most qualified to
perform the engineering design based on the following criteria:
Familiarity with the project conditions needed for the design of the
proposed interceptor sewers
2. Prior experience with similar facilities
Professional staff with sufficient technical personnel and
equipment to meet the established schedule for the project
Negotiation meetings were held with Hayes, Seay, Mattern & Mattern,
Inc. to establish a cost-effective approach for the design and contract
document development for the interceptor sewer.
Hayes, Seay, Mattern & Mattern, Inc. has agreed to perform the work for
the amount of $379,000.00.
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
TINKER CREEK INTERCEPTOR SEWER
Page 4
October 10, 1994
III.
Issues in Order of Importance:
A. Engineering concerns in establishing a reliable but cost-effective method
of design and construction
B. Schedules to provide initial contract documents for bidding by mid-year
1995
C. Reasonableness of fees proposed by the selected firm
D. Funding
IV.
Alternatives:
Award engineering services contract for the work as stipulated in the
Request for Professional Services to Hayes, Seay, Mattern & Mattern,
Inc. in the amount of $379,000.00.
1. Engineering concerns will be addressed during concept
development for the proposed interceptor sewer design.
2. Schedules to meet the established bid dates have been
incorporated into the consultant's contract.
Reasonableness of fees has been confirmed, based on the Scope
of Work involved and estimated cost of the facilities. The
proposed fee is 8.2% of the estimated project cost.
Funding is available in the Sewer Plant Expansion Bonds to fund
the City's portion of this contract. The other jurisdictions have
agreed to reimburse the City for their prorated share as follows:
Roanoke City 45.9%
Roanoke County
32.9%
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
TINKER CREEK INTERCEPTOR SEWER
Page 5
October 10, 1994
Town of Vinton
1.1%
Botetourt County
20.1%
Do not award engineering services contract for the work as stipulated in
the Request for Professional Services to Hayes, Seay, Mattern &
Mattern, Inc.:
Engineering concerns will not be met in establishing a reliable,
cost-effective design for the construction of a new Tinker Creek
interceptor sewer.
Schedules to meet the desired facility completion date cannot be
maintained.
Reasonableness of fees will have to be reestablished at a later
date.
4. Funding will not be an issue at this time.
Recommendation is that the City:
Award engineering services contract, upon execution of agreements with
participating jurisdictions, in a form acceptable to the City Attorney, to
Hayes, Seay, Mattern & Mattern, Inc. of Roanoke, Virginia, in the
amount of $379,000.00.
Establish an account receivable in the amount of $216,400.00 for
reimbursement from the other jurisdictions. Appropriate $183,600.00
from the Sewer Plant Expansion Funds included in the 1994 bond issue.
Appropriate $400,000.00 to a new account entitled "Tinker Creek
Interceptor Sewer" to be allocated as follows:
Contract Value
Contingency
Total
$379,000.00
21,000.00
$400,000.00
Honorable Mayor and Members of City Council
ENGINEERING SERVICES
TINKER CREEK INTERCEPTOR SEWER
Page 6
October 10, 1994
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/PCS/fm/kh
City Attorney
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, General Services
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #27-53-60-183-405-468
Phillip K. Feeney
Project Manager
Malcolm Pirnie, Inc.
Consulting Engineers
11832 Rock Landing Drive
Suite 400
Newport News, Virginia 23606-4206
Stewart W. Hubbell
Project Manager
Mattern & Craig, Inc.
Consulting Engineers
701 First Street, S. W.
Roanoke, Virginia 24016
Gentlemen:
I am enclosing copy of Resolution No. 32210-101094 authorizing execution of an
agreement with Malcolm Pirnie, Consulting Engineers, and Mattern & Craig, Inc.,
as their associate, to provide certain engineering services, in connection with
renovation and expansion of the Water Pollution Control Plant expressly conditioned
upon the City entering into an agreement with the County of Botetourt, the County
of Roanoke, the City of Salem and the Town of Vinton, in the amount of
$1,996,338.00. Resolution No. 32210-101094 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32210-101094.
A RESOLUTION authorizing the execution of an agreement with
Malcolm Pirnie, Consulting Engineers, and Mattern & Craig, Inc., as
their associate, to provide certain engineering services, in
connection with the renovation and expansion of the Water Pollution
Control Plant expressly conditioned upon the City entering into an
agreement with the County of Botetourt, the County of Roanoke, the
City of Salem and the Town of Vinton.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement with Malcolm Pirnie,
Consulting Engineers, and Mattern & Craig, Inc., as their
associate, for the provision by such firms of engineering services,
in connection with the renovation and expansion of the Water
Pollution Control Plant, as more particularly set forth in the
October 10, 1994, report of the City Manager to this Council. Such
authorization is expressly conditioned upon the City entering into
an agreement with the County of Botetourt, the County of Roanoke,
the City of Salem and the Town of Vinton providing for the
financial contribution and the terms and conditions of
participation of the parties in the expansion and renovation of the
Roanoke Sewage Treatment Plant and the replacement of portions of
the Roanoke River Interceptor and the Tinker Creek Interceptor.
2. The contract amount authorized by this resolution shall be
in the amount of $1,996,338.00
Attorney.
The form of the contract shall be approved by the City
ATTEST:
.City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 10th day of October, 1994.
No. 32209-101094.
AN ORDINANCE to amend and reordain certain sections of the
1994-95 Sewage 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 1994-95 Sewage Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Capital Outlay
Renovation/Expansion-Water Pollution
Control Plant (1-2) ...........................
STP Expansion Bonds - 1994 (3) ..................
Revenue
Due from Other Governments (4-7) ................
1) Appropriated
from Bond
Funds
2) Appropriated
from Other
Governments
3) Appropriated
from Bond
Funds
4) Due from
Roanoke
County
5) Due from
City of
Salem
(003-056-8470-9001) $ 763,284
(003-056-8470-8999)
1,283,054
(003-056-8465-9001) ( 763,284)
(003-1072)
(003-1071)
597,531
427,685
19,818,311
2,046,338
14,138,391
1,283,054
6) Due from
Botetourt
County
7) Due from
Town of
Vinton
(003-1073)
(003-1074)
143,243
114,595
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
October 10, 1994
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
ARCHITECTURAL/ENGINEERING SERVICES CONTRACT
RENOVATION AND EXPANSION
WATER POLLUTION CONTROL PLANT
ROANOKE, VIRGINIA
Background:
A. Renovation and Expansion of the Water Pollution Control
II.
Plant and Related Work was approved by City Council on
December 13, 1993. Work to be accomplished is the
Renovation and Expansion work at the Water Pollution
Control Plant. The replacement of the interceptor sewers
on Roanoke River and Tinker Creek is under another
contract.
Current situation is that Engineering Services Qualification
Proposals for the necessary design were publicly advertised
and proposals were received from the following firms on
January 13, 1994.
1. Camp, Dresser and McKee in association with HDH Technical
2. Hazen and Sawyer, PC
3. Black & Veatch, PC and Anderson & Associates
O'Brien & Gere; Metcalf and Eddy; Finkbeiner, Pettis and
Strout
Hayes, Seay, Mattern & Mattern, Inc.; Greely and Hansen;
L.T.I.
Malcolm Pirnie, Consulting Engineers; Mattern & Craig,
Inc. as their associate.
Ail six firms were interviewed by the Committee
composed of the consortiums of the City of Roanoke,
Town of Vinton and Botetourt County representatives;
Roanoke County and the City of Salem chose not to be
represented.
Honorable Mayor and Members of City Council
RE: RENOVATION/EXPANSION
WATER POLLUTION CONTROL PLANT
October 10, 1994
Page 2
Be
Malcolm Pirnie~ Consulting Engineers~ and their
associate~ Mattern & Craiq~ Inc. were selected as
the most qualified firm to perform this project.
Malcolm Pirnie, Consulting Engineers, had performed
the Wastewater Facility Plan Study in 1987 and were
more familiar with the work that had to be done at
the Water Pollution Control Plant than the other
firms interviewed.
The "Scope of Work" required is to increase the
capacity of the WPCP from 36 million gallons per day
(MGD) to 42 MGD annual average daily flow with a
peak hydraulic capacity to 72 MGD, and to upgrade
the treatment provided to meet the resultant
effluent requirements as will be defined by the
State.
Dm
Lump sum fee covers the studies to comply with the
regulations as defined by the Virginia Department of
Environmental Quality (DEQ); the meeting required in
conjunction with acquiring their permitting limits
and the establishment of the design parameters to
meet their limits. Once this has been approved by
DEQ, then prepare the contract documents to comply
with the approved permitting limits, receive bids,
and contract administration, with a full-time
resident project representative.
Full services engineering fee
$1,996~338.00
III.
Issues in order of importance are:
A. Inclusion of a proper work scope
B. Ability to meet time schedule
C. Reasonableness of fee(s)
D. Availability of funding
Honorable Mayor and Members
of City Council
RE: RENOVATION/EXPANSION
WATER POLLUTION CONTROL PLANT
October 10, 1994
Page 3
IV. Alternatives are:
Award a lump sum contract to Malcolm Pirnie, Consulting
Engineers and Mattern & Craig, Inc. as their associate,
for full engineering services to design and administer
the construction of the Renovation and Expansion of the
Water Pollution Control Plant as defined by Scope of Work
as listed in Attachment A. Work to include all
permitting required by the Virginia DEQ to increase plant
capacity from 36 million gallons per day (MGD) to 42 MGD
annual average daily flow with a peak hydraulic capacity
to 72 MGD.
1. Inclusion of the proper work scope has been
reviewed, revised and verified.
Ability to meet time schedule has been demonstrated
by Malcolm Plrnie, Consulting Engineers. They are
ready to begin immediately. It is anticipated that
six months of negotiations will be required with the
DEQ to arrive at the permitted loading, six months
to complete the contract documents and a two year
construction time frame.
Reasonableness of
negotiation with
February, 1994.
fee has been established by
the selected firm since mid-
Funding is available from the sale of sewage fund
bond issue and from our neighboring jurisdictions as
described in the Water Resources Committee Report
dated November 22~ 1993. A total budget of
$19,080,000.00 has been identified for this project.
Each participating jurisdiction will pay their
prorated share as follows:
Roanoke City = 37.3%
Roanoke County = 29.2%
Salem City = 20.9%
Botetourt Co. = 7.0%
Vinton = 5.6%
Total = 100.0%
The City of Roanoke will be reimbursed within 30
days after invoicing the other jurisdictions.
Honorable Mayor and Members of City Council
RE: RENOVATION/EXPANSION
WATER POLLUTION CONTROL PLANT
October 10, 1994
Page 4
B. Do not award an engineering contract at this time.
Inclusion of the proper work scope would have to be
re-determined if there was a significant delay.
2. Ability to meet the time schedule would be in
jeopardy.
Reasonableness of fee would have to be negotiated at
a later date.
Fundinq would not be encumbered at this time but
would remain with each jurisdiction.
V. Recommendation is as follows:
ae
Authorize the City Manager to enter into a contractural
agreement for Renovation and Expansion of the Water
Pollution Control Plant, upon execution of agreement with
participating jurisdictions, as hereinbefore described,
with Malcolm Pirnie, Consulting Engineers, and Mattern &
Craig, Inc., as their associate, for the sum of
$1~996~338.00. The schedule of work under this
engineering contract would be one year for completion of
the contract documents and two years construction time,
a total contract time of three years.
Be
Establish a contingency amount of $40,000.00
additional services and reimbursable expenses.
for
Ce
Encumber the sum of $10~000.00 in this contract for
public information meetings to be approved for payment to
the Engineer by the City Engineer.
Transfer $763,284.00 for the City's share from Account
Number 003-056-8465-9001 (WPCP Expansion Bonds - '94) to
a new account entitled Renovation and Expansion of the
Water Pollution Control Plant.
ApDropriate $1,283,054.00 of funding from other
localities to the new account and establish accounts
receivable in the following amounts:
Roanoke County
City of Salem
Botetourt County
Town of Vinton
$597,531.00
$427,685.00
$143,243.00
$114,595.00
Honorable Mayor and Members of City Council
RE: RENOVATION/EXPANSION
WATER POLLUTION CONTROL PLANT
October 10, 1994
Page 5
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/LBC/fm
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
Assistant to the City Manager for Community Relations
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Manager, Office of Management & Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32211-101094.
AN ORDINANCE amending and reordaining Section 20-33.1, Same -
Requirements~ obtaining license plate~ tag~ or decal a condition
precedent to discharge of violation, by adding new subsections (c),
(d), (e), (f), (g), and (h), and Section 20-33.2, Same -
Requirements for operation; obtaining license plate~ tag or decal
a condition precedent to discharge of violation, by amending
subsections (a) and (b) and adding new subsections (c), (d), (e),
(f), (g), and (h), of Article II, Vehicle Licenses, of Chapter 20,
Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as
amended, to allow police officers to ticket unoccupied, parked
vehicles for failure to display a valid decal and provide for a
penalty therefor; and providing for an emergency and an effective
date.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 20-33.1, Same - Requirements~ obtaining license
plate, tag, or decal a condition precedent to discharge of
violation, and Section 20-33.2, Same - Requirements for operation;
obtaining license plate~ tag or decal a condition precedent to
discharge of violation, of Article II, Vehicle Licenses, of Chapter
20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979),
as amended, are hereby amended and reordained to read and provide
as follows:
Sec. 20-33.1. Same - Requirements; obtaining license
plate, tag, or decal a condition precedent to
dischar_qe of violation.
(c) Local law enforcement officers are authorized
to issue citations, summonses, parking tickets, or
uniform t~affic summonses for violation of this section.
(d) Every person receiving written notice from a
police officer that he has violated this section may
waive his right to appear and be formally tried for the
violation set forth in the notice upon the voluntary
payment of a penalty in the amount of twenty-five dollars
($25.00). Such penalty shall be paid to the city
treasurer during the regular business hours of his
office. The city treasurer shall not accept payment of
this penalty except upon presentation of satisfactory
evidence that the required decal has been obtained. The
city treasurer shall not be authorized to accept partial
Payment of the penalty due.
(e) If this penalty is not paid within ten (10)
days of the issuance by an officer of a notice of
violation, a notice pursuant to S46.2-941, Code of
Virginia (1950), as amended, shall be sent by the city's
office of billings and collections to the violator. Any
violator to whom such a notice is sent may pay such
penalty of thirty-five dollars ($35.00) and present
satisfactory evidence that the required decal has been
obtained within five (5) days of receipt of such notice.
The city treasurer shall not accept payment of this
penalty except upon presentation of satisfactory evidence
that the required decal has been obtained. The city
treasurer shall not be authorized to accept partial
payment of the penalty due.
(f) If the violator fails to pay the penalty
provided for above within five (5) days of receipt of a
notice sent pursuant to §46.2-941, Code of Virginia
(1950), as amended, the clerk of the general district
court and the officer responsible for issuing the parking
summons shall be notified of the failure to pay such
penalty, in order that a summons may be issued.
(g) In the event the commissioner of revenue or the
city treasurer is advised that any person desires to
contest a violation of this section, the commissioner of
revenue or the city treasurer shall transmit notice of
such fact as soon as possible to the city's office of
billings and collections, which shall certify such fact
in writing in an appropriate form, to the clerk of the
general district court.
(h) Every person tried and convicted of a violation
of this section shall be guilty of a Class 4 misdemeanor
the penalty for which shall be inclusive of the penalty
set forth above for a violation of this section. Unless
otherwise ordered by the judge in whose court this
violation is tried, or in which the same is cognizable,
all fines and penalties arising under this section shall
be paid into the city treasury.
Sec. 20-33.2. Same - Requirements for operation;
obtaining license plate, tag or decal a condition
precedent to discharge of violation
(a) It shall be unlawful for any owner or operator
of a motor vehicle, trailer, or semitrailer to fail to
obtain and display a local license decal required by any
ordinance of the county, city, or town, which is a party
to a regional enforcement compact with the city and in
which the vehicle is registered or to display upon a
motor vehicle, trailer, or semitrailer any such local
license decal after its expiration date. The fact that
the current license tax of the situs jurisdiction has
been paid on such vehicle shall not bar prosecution for
a violation of this section.
(b) Any violation of this section by an owner of
the vehicle may not be discharged by payment of a fine
except upon presentation of satisfactory evidence that
the required license decal herein required has been
obtained. Any fine paid under this section shall be
deposited to the credit of the general fund of the city,
and no accounting need be made thereof to the situs
jurisdiction of such vehicle.
(c) Local law enforcement officers are authorized
to issue citations, summonses, parking tickets, or
uniform traffic summonses for violation of this section.
(d) Every person receiving written notice from a
police officer that he has violated this section may
waive his right to appear and be formally tried for the
violation set forth in the notice upon the voluntary
payment of a penalty in the amount of twenty-five dollars
($25.00). Such penalty shall be paid to the city
treasurer during the regular business hours of his
office. The city treasurer shall not accept payment of
this penalty except upon presentation of satisfactory
evidence that the required decal has been obtained. The
city treasurer shall not be authorized to accept partial
payment of the penalty due.
(e) If this penalty is not paid within ten (10)
days of the issuance by an officer of a notice of
violation, a notice pursuant to S46.2-941, Code of
Virginia (1950), as amended, shall be sent by the city's
office of billings and collections to the violator. Any
violator to whom such a notice is sent may pay such
penalty of thirty-five dollars ($35.00) and present
satisfactory evidence that the required decal has been
obtained within five (5) days of receipt of such notice.
The city treasurer shall not accept payment of this
penalty except upon presentation of satisfactory evidence
that the required decal has been obtained. The city
treasurer shall not be authorized to accept partial
payment of the penalty due.
(f) If the violator fails to pay the penalty
provided for above within five (5) days of receipt of a
notice sent pursuant to S46.2-941, Code of Virginia
(1950), as amended, the clerk of the general district
court and the officer responsible for issuing the parking
summons, shall be notified of the failure to pay such
penalty, in order that a summons may be issued.
(g) In the event the commissioner of revenue or the
city treasurer is advised that any person desires to
contest a violation of this section, the commissioner of
revenue or the city treasurer shall transmit notice of
such fact as soon as possible to the city's office of
billings and collections, which shall certify such fact
in writing in an appropriate form, to the clerk of the
general district court.
(h) Every person tried and convicted of a violation
of this section shall be guilty of a Class 4 misdemeanor
the penalty for which shall be inclusive of the penalty
set forth above for a violation of this section. Unless
otherwise ordered by the judge in whose court this
violation is tried, or in which the same is cognizable,
all fines and penalties arising under this section shall
be paid into the city treasury.
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 on and after
November 1, 1994.
ATTEST:
City Clerk.
4
WILBURN C. DIBMNG, JR.
CITY ATTORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 703-961-2431
TELECOPIER: 703-224-3071
October 10, 1994
WI~MXPARSONS
S~VENJ. TA~VI
~L~NM~KRONAU
GLADYS~YA~S
ASSISTANT CI~A~NEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re:
Amendments to City Code to allow police officers
to ticket unoccupied vehicles for failure to
display a valid decal
Dear Mayor Bowers and Council Members:
Officer Ronald E. Cassell, a Police Officer in the Traffic
Bureau, has submitted a suggestion in accordance with the City's
Employee Suggestion Program which warrants consideration. The
officer has proposed that the necessary steps be taken to permit
police officers to ticket unoccupied, parked vehicles which fail to
display a valid City decal.
Currently, the City Code makes it unlawful for an owner of a
vehicle to fail to obtain and display a decal. See §§20-33.1 and
20-33.2. However, there is no provision for enforcement of these
sections unless the vehicle is occupied. See §20-26 of the Code of
the City of Roanoke (1979), as amended.
I am recommending adoption of the attached ordinance which
will amend ~20-33.1 and 20-33.2 to enable police officers to
ticket unoccupied parked vehicles which fail to display a valid
decal. An additional amendment to these code sections would
establish the $25.00 penalty for a violation of these code sections
and also establish the consequences if a violator fails to obtain
a decal and pay the $25.00 penalty. If the owner should fail to
pay the penalty and obtain the decal within ten days, the owner
would receive a legal notice of the violation by mail and the
penalty would be increased to $35.00. If the decal is not
purchased and the penalty paid within five days after receipt of
such notice, the owner of the vehicle would receive a summons to
court.
The Police Department, the Office of thc Commissioner of
Revenue, the City Treasurer, the O[fice of Billings and
Co].lections, the Director of Public Safety, the Office of
Management and Budqet, CIS, the Commonwealth Attorney's Office, and
The Honorable Mayor and Members
of City Council
October 10, 1994
Page 2
my Office have been involved in the evaluation and review of
Officer Cassell's suggestion and in developing the process for its
implementation. I am pleased to recommend the foregoing amendments
to you, and am also pleased to advise you that the recommended
ordinance has been reviewed and approved by all offices involved in
the evaluation and implementation of this employee suggestion.
Should members of Council have any legal questions with
respect to this matter, I will be pleased to address them.
With kindest personal regards, I am
~~ S L~cere lv-~ur~, .
Wilburn ~. Dibling, Jr.
City Attorney
WCDj/GLY:sm
Attachment
cc:
The Honorable Marsha Compton Fielder, Commissioner of the
Revenue
The Honorable Gordon E. Peters, City Treasurer
The Honorable Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
George C. Snead, Jr., Director of Public Safety
M. David Hooper, Chief of Police
Officer Ronald E. Cassell, Traffic Bureau, Police Department
Deborah J. Moses, Chief, Billings and Collections
John Rorrer, CIS
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #9-166-373-468
Harold Callahan, Director
Properties & Facilities
Budget Rent-A-Car Corporation
4225 Naperville Road
Lisle, Illinois 60532-3662
Dear Mr. Callahan:
I am enclosing copy of Ordinance No. 32188-101094 authorizing the proper City
officials to enter into a five year lease extension between the City and Budget
Rent-A-Car Systems, Inc., for lease of a one acre parcel of City-owned property on
Municipai Road, N. W., which is a portion of a 12.93-acre parcel, identified as
Official Tax No. 6640105, to be used for said corporation's rental car business,
commencing January 1, 1995, at an annual rental of $9,972.96, upon certain terms
and conditions. Ordinance No. 32188-101094 was adopted by the Council of the City
of Roanoke on first reading on Monday, September 26, 1994, also adopted by the
Council on second reading on Monday, October 10, 1994, and will take effect ten
days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC//~AE
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32188-101094.
AN ORDINANCE authorizing the proper City officials to enter
into a five year lease extension between the City and Budget Rent-
A-Car Systems, Inc., for use of a one acre parcel of City-owned
property on Municipal Road, N.W., for said corporation's rental car
business, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by
the City Attorney, the appropriate lease extension agreement with
Budget Rent-A-Car Systems, Inc., for lease of a one acre parcel of
City-owned property on Municipal Road, N.W., which is a portion of
a 12.93-acre parcel bearing Official Tax No. 6640105, to be used
for said corporation's rental car business, for a five (5) year
period, commencing January 1, 1995, at an annual rental of
$9,972.96, and upon such other terms and conditions as are deemed
appropriate and as more particularly set forth in the report to
this Council dated September 26, 1994.
ATTEST:
City Clerk.
Roanoke,.0~irgi~ia ~-~ .~
Septembe~"~26, i994: ~
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Lease of City-Owned Property
Budget Rent-A-Car Systems, Inc.
Municipal Road, N.W.
The attached report was considered by the Water Resources
Committee at its regular meeting on September 12, 1994. The
Committee recommends that Council authorize the appropriate
officials to enter into a five (5) year lease extension for
property on Municipal Road, N.W., with Budget Rent-A-Car Systems,
Inc., in accordance with conditions stated in the attached
report.
ETB:KBK:afm
Attachments
cc:
Respectfully submitted,
Elizabeth T. Bowles,
Chairperson
Water Resources Committee
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Real Estate Agent
Chief, Billings & Collections
City Engineer
Harold Callahan, Budget Rent-A-Car
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 12, 1994
M~embers~ Water Resources Committee
/~B. ~, Dirtier,..,.., · Utilities and Operations thru
W. Robert Herbe~ Manager
LEASE OF CITY-OWNED PROPERTY
BUDGET RENT-A-CAR SYSTEMS, INC.
MUNICIPAL ROAD, N.W.
Backqround:
ao
Execution of a five (5) year renewal of the lease
agreement dated December 21, 1984, for a one (1) acre
site to Budget Rent-A-Car was authorized by Council on
January 16, 1990.
o
Current lease extension, which will expire in December,
1994, provided for an additional five (5) year
extension on mutually agreeable terms and conditions.
Current annual lease rate is $8,616.00, or $718.00 per
month.
II.
Current Situation:
ao
Extension of the lease for an additional five (5) year
term has been requested by Budget Rent-A-Car Systems,
Inc.
B o
Terms of the extension shall include an annual lease
rate of $9,972.96, or $831.08 per month, in a form
approved by the City Attorney.
III.
Issues:
A. Need
B. Timinq
C. Income to City
Members, Water Resources Committee
LEASE OF CITY-OWNED PROPERTY
BUDGET RENT-A-CAR OF ROANOKE, INC.
MUNICIPAL ROAD, N.W.
Page 2
September 12, 1994
IV.
Alternatives are:
ao
Committee recommend that Council authorize the
appropriate City officials to enter into a five (5)
year lease extension with Budget Rent-A-Car Systems,
Inc. for a one (1) acre parcel of land on Municipal
Road, N.W., a portion of a 12.93 acre parcel bearing
Official Tax No. 6640105, in a form approved by the
City Attorney, at an annual rate of $9,972.96.
Need by the lessee for continued use of the
facility is met.
o
Timinq to grant the extension before expiration of
the current lease is met.
3. Income to City is $9,972.96 annually.
o
Committee not recommend that Council authorize the
extension of a lease with Budget Rent-A-Car Systems,
Inc.
Need by the lessee for continued use of the
facility is not met.
Timinq to grant the extension before expiration of
the current lease is not met.
3. Income to City is zero.
Vo
Recommendation is that City Council take the following
action: Authorize the appropriate officials to enter into
a five (5) year lease extension for property on Municipal
Road, N.W., with Budget Rent-A-Car Systems, Inc. in
accordance with Alternative "A".
WRH/KBK/SEF/kh
Attachment
cc: City Attorney Director of Finance
Director of Utilities & Operations
Chief, Billings & Collections
City Engineer
l~nL ~ Cur
4225
N~pcrville Ro~d
Li~lc, IL
60532-3662
Phone;
70Bt%5-1900
Fax;
708/%5-7799
August 16, 1994
Mr. Kit B. Kiser
Director, utilities & Operations
City of Roanoke
Room 345 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
RE:
Ground Lease Renewal, City of Roanoke - Budqet
Rent a Car (as assigned to Budget by Lynn Leasing,
Inc.)Municipal Road, N.W., Roanoke, VA, (Roanoke
Airport Service Facility)
Dear Mr. Kiser:
Confirming a phone conversation this date between your Ms.
Sarah Fitton and the writer, please be advised that the
rental for the above-referenced property is agreed to be
$9,972.96 per year ($831.08 per month) for each year of the
extended five year term which ia to begin January 1, 1995.
Tha~ you for your consideration.
/
$i~rely,
Properties & Faeilitie-~
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #2-166-468
Mr. Michael Vest
331 East 65th Street
New York, New York
10021
Dear Mr. Vest:
I am enclosing copy of Ordinance No. 32196-101094 accepting your offer to purchase
real property commonly known as 118 West Campbell Avenue, identified as Official
Tax No. 1011512, for the sum of $40,000.00, and providing for sale and conveyance
of said property. Ordinance No. 32196-101094 was adopted by the Council of the
City of Roanoke on first reading on Monday, September 26, 1994, also adopted by the
Council on second reading on Monday, October 10, 1994, and will take effect ten
days following the date of its second reading.
Sincerely,
Mary F. Parker,
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32196-101094.
AN ORDINANCE accepting an offer to purchase a portion of real
property owned by the City, described as 118 West Campbell Avenue
and bearing Official Tax Map No. 1011512, and providing for the
sale and conveyance of said property.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The offer, as more particularly set forth in the report
to this Council dated September 26, 1994, of Michael Vest, to
purchase real property commonly known as 118 West Campbell Avenue,
identified by Official Tax Map No. 1011512, and owned by the City,
for the consideration of $40,000.00 is ACCEPTED. All costs
incident to the transfer of title to this land shall be paid by the
purchaser.
2. The City Manager and City Clerk are authorized, for and
on behalf of the City, to execute, seal and attest, respectively,
the requisite contract of sale, deed, and other necessary documents
to convey this property to Michael Vest. All documents shall be in
a form approved by the City Attorney.
ATTEST:
City Clerk.
September 26, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Campbell Avenue Historic Properties
118, 120, 122 and 124 West Campbell Avenue
I. BACKGROUND:
me
City Council authorized by Ordinance No. 29372 dated November 26, 1988, the
execution of Sale and Exchange Agreement with James L. and Muriel King
Trinkle, providing that the City purchase property owned by the Trinkles at 120
and 122 West Campbell Avenue for $164,000.00, and further providing that the
City exchange real estate owned at 124 Kirk Avenue for real estate owned by the
Trinkles at 118 and 124 West Campbell Avenue.
Bo
Virginia Department of Conservation and Historic Resources provided a
$100,000.00 grant toward the acquisition of the Campbell Avenue Historic
properties.
Co
The City of Roanoke agreed to donate historic preservation easements on the
buildings to the Virginia Historic Landmarks Commission (VHLC) or to require
as a condition of sale that the purchaser or purchasers donate historic preservation
easements to the VHLC, as required by the State Grant Agreement.
Do
The City of Roanoke prepared and submitted an acceptable National Register
Nomination to the VHLC, requesting that the buildings be formally added to the
State Register and nominated to the National Register of Historic Places. The
Nomination has been approved at State and National levels.
Eo
$55,005.00 was the low bid for the removal of asbestos from the Campbell
Avenue Historic Properties. The majority of the asbestos was in 118 West
Campbell Avenue. (The asbestos has not been removed.)
II.
CURRENT SITUATION:
A. $40,000.00 offer for 118 West Campbell Avenue has been received from Michael
Vest. The lbllowing contingencies were requested:
Honorable Mayor and City Council
Page 2
III.
IV.
Purchaser be given 90 days after
agreement on conditions of sale to
secure identified financing including
amount, term and interest rate.
ii.
Purchaser obtaining title insurance
policy.
Bo
$49,300.00 is the latest assessed value of 118 West Campbell Avenue for tax
purposes.
Co
$44,000.00 was the estimated market value of the property on September 7,
1994, by the City's Office of Real Estate Valuation. This value does not take
into account any costs such as asbestos removal, brokerage fees, etc., that may
be incurred in the process of marketing the property.
De
Purchaser will take the Campbell Avenue Historic Property as it now exists
acknowledging existence of asbestos and responsibility for its removal.
mo
Purchaser will donate historic preservation easement to the VHLC as required by
the State Grant Agreement.
Fo
Commercial and residential are the envisioned uses of the property and will be
owner occupied.
ISSUES:
A. Historic preservation.
B. Downtown redevelopment.
C. Tinting.
ALTERNATIVES:
mo
City Council authorize the execution of necessary documents relating to the sale
of 118 West Campbell Avenue for a sum of $40,000.00 subject to the following
conditions:
Honorable Mayor and City Council
Page 3
Purchaser be given 90 days after
agreement on conditions of sale to
secure identified financing including
amount, term and interest rate.
ii. Purchaser obtaining title insurance
policy.
Historic preservation will be maintained with the redevelopment of the
Campbell Avenue Historic Buildings.
Downtown redevelopment will continue with a new business and residence
locating into the renovated property.
Timing will allow the City to convey ownership of the properties without
having to incur additional expense to stabilize the buildings.
B. City Council not authorize the sale of 118 West Campbell Avenue.
Historic preservation will not be enhanced due to buildings' desperate
need for renovation.
Downtown redevelopment will not be enhanced due to store fronts
remaining empty, jobs will not be created and an opportunity will be
missed for downtown housing.
Timing will be negatively impacted due to the work the City will need to
do to maintain the existing structure.
V. RECOMMENDATION:
City Council authorize the execution of necessary documents in form approved by City
Attorney relating to the sale of 118 West Campbell Avenue for a sum of $40,000.00 in
accordance with Alternative "A" subject to the following conditions:
Purchaser be given 90 days after
agreement on conditions of sale to
secure identified financing including
amount, term and interest rate.
Honorable Mayor and City Council
Page 4
ii. Purchaser
policy.
WRH:PFS:js
cc: City Attorney
City Clerk
Director of Utilities and Operations
Director of Finance
Director of Public Works
Chief of Economic Development
Civil Engineer II (Bane Coburn)
obtaining
title insurance
Respectfully submitted,
W. Robert Herbert
City Manager
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #79-137-169
The Honorable Marsha Compton Fielder
Commissioner of the Revenue
Roanoke, Virginia
Dear Ms. Fielder and Mr. Peters:
The Honorable Gordon E. Peters
City Treasurer
Roanoke, Virginia
I am enclosing copy of Resolution No. 32222-101094 supporting tax exemption of
property owned by the House of Care of Southwest Virginia, Inc., in the City of
Roanoke used by it exclusively for charitable purposes on a non-profit basis.
Resolution No. 32222-101094 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 10, 1994.
Pursuant to Paragraph 4, I am directed to forward an attested copy of Resolution No.
32222-101094 to you for the purpose of assessment and collection, respectively, of
the service charge established by said Resolution, and to Sara Bugbee Winn, counsel
for the Applicant.
Sincerely,
Mary F. Parker,
City Clerk
MFP: sm
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #79-137-169
Sara B. Winn, Attorney
Woods, Rogers & Hazlegrove, p.L. C
P. O. Box 14125 '
Roanoke, Virginia 24038-4125
Dear Ms. Winn:
I am enclosing copy of Resolution No. 32222-101094 supporting tax exemption of
property owned by the House of Care of Southwest Virginia, Inc., in the City of
Roanoke used by it exclusively for charitable purposes on a non-profit basis.
Resolution No. 32222-101094 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 10, 1994.
Pursuant to Paragraph 4, I am directed to forward an attested copy of Resolution No.
32222-101094 to the Commissioner of the Revenue and the City Treasurer for the
purpose of assessment and collection, respectively, of the service charge established
by said Resolution, and to you, counsel for the Applicant.
Sincerely,
MFP: sm
ary F. Parker, CMC//~3,E
City Clerk
Eno.
IN THE COUNCIL OF THE CITY OF R0~ANOKE~ VIRGINIA,
The 10th day of October, 1994.
No. 32222-101094.
A RESOLUTION supporting tax exemption of property owned by the
House of Care of Southwest Virginia, Inc., in the City of Roanoke
used by it exclusively for charitable purposes on a non-profit
basis.
WHEREAS, House of Care of Southwest Virginia, Inc.,
(hereinafter "the Applicant") has petitioned this Council for
support for a bill to be introduced at the 1995 Session of the
General Assembly to exempt certain property of the Applicant from
taxation pursuant to Article X, S6(a)(6) of the Constitution of
Virginia;
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Applicant's petition
was held by Council on October I0, 1994;
WHEREAS, the provisions of subsection B of S30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by
the Council.
WHEREAS, the Applicant agrees that the property to be exempt
from taxation is the personal property of the Applicant and
buildings and as much land as is reasonably necessary to the use of
its buildings which Applicant may acquire in the future, providing
such personal .~nd real property shall be used by the Applicant
exclusively for charitable purposes on a non-profit basis;
WHEREAS, in consideration of Council's adoption of this
Resolution and Counclls's support of a bill hereinafter described
in Paragraph 1 to be introduced on behalf of the Applicant at the
].995 Session of the General Assembly, the Applicant has voluntarily
agreed, if it acquires any real property, to pay each year a
service charge in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would be applicable to
real property of the Applicant were the Applicant not exempt from
such taxation, for so long as the Applicant's real property is
exempted from State and local taxation;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council support a bill to be introduced at the 1995
Session of the General Assembly whereby House of Care of Southwest
Virginia, Inc., (hereinafter "The Applicant"), a non-profit
organization, seeks to be classified and designated a charitable
organization within the context of S6(a)(6) of Article X of the
Constitution of Virginia, and whereby property owned by the
Applicant, which is used by it exclusively for charitable purposes
on a non-profit basis, shall be exempt from State and local
taxation.
2. In consideration of Council's adoption of this Resolution
and Council's support of the bill described in Paragraph 1 of this
Resolution to be introduced at the 1995 Session of the General
Assembly, the Applicant agrees, if it acquires any real property,
to pay to the City of Roanoke on or before October 5 of each year
a service charge in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would be applicable to
real property of the Applicant, in the Ci'ty of Roanoke, were the
Applicant not exempt from State and local taxation, for so long as
the Applicant is exempted from State and local taxation.
3. In adopting this Resolution, the Council has examined and
considered the provisions of Subsection B of S30-19.04, Code of
Virginia (1950), as amended, and pursuant to Subsection C of the
same section, Council recommends to the General Assembly that the
specific classification shall be charitable.
4. The City Clerk is directed to forward an attested copy of
this Resolution to the Commissioner of Revenue and the City
Treasurer for purpose of assessment and collection, respectively,
of the service charge established by this Resolution, and to Sara
Bugbee Wlnn, counsel for the Applicant.
5. This Resolution shall be in full force and effect at such
time as a copy, duly signed by an authorized officer of the
Applicant, has been filed with the City Clerk.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO and EXECUTED by House of Care of Southwest
Virginia, Inc., this ~OT~day of OcT , 1994.
HOUSE OF CARE OF SOUTHWEST VIRGINIA, INC.
By ~-/~ ~'r~__) (SEAL)
Office of the City Manager
October 10, 1994
Thc Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
The property which is commonly referred to as the Ronald McDonald House was
originally owned by Commonwealth Health Services, Inc., and ownership was transferred to
Carillon Enterprises, Inc., on September 9, 1993. The official name of the property was
changed at that time to the House of Care of Southwest Virginia, Inc. The change was
required to meet qualifications to become a Ronald McDonald House. In its official
capacity the House of Care of Southwest Virginia, Inc., is the governing body of the Ronald
McDonald House and owns all the personal property. Prior to transfer, this property was
listed as tax exempt.
Although the property is still used to house thc families of Roanoke Memorial cancer
and leukemia patients for little or no fee, it has been taxed as a for-profit operation since
its ownership was assumed by Carilion. The attached report asks that the personal property
tax paid by the House of Care of Southwest Virginia, Inc., be tax exempt. The City has the
authority to recommend to the General Assembly of the Commonwealth of Virginia that a
tax exemption be granted on the personal property. In fact, the Commissioner of Revenue's
Office indicates that exempt status can be recommended to the General Assembly for any
tax levied by the City.
The House of Care of Southwest Virginia, Inc., the official name for Ronald
McDonald House of Southwest Virginia, is not the owner of the property, but a lessee.
Should House of Care of Southwest Virginia, Inc., eventually purchase the real estate
defined as Tax Map #4070102, a twenty percent (20%) service charge would be levied by
the City in lieu of real estate taxes.
Finally, Roanoke City's Commissioner of the Revenue, Marsha Compton Fielder, has
determined that this property conforms to the nature of those non-profit organizations
qualifying for exemption. Article 4, Section 58.1-3650 of the Code of Virginia allows
exemption from taxation for property used exclusively by "organizations for a religious,
charitable, patriotic, historical, benevolent, cultural or public park or playground purpose".
The City of Roanoke has previously allowed exemptions for TAP, American National Red
Cross and others, these exemptions include real estate and personal property.
Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333
October 10, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request for Support for Tax Exempt Status from House of Care of Southwest Virginia,
Inc. (Ronald McDonald House)
I. Background:
II.
III.
ho
Commonwealth Health Services, Inc., was the original owner of record of what
is now called House of Care of Southwest Virginia, Inc. (Tax Map//4070102).
Bo
Commonwealth Health Services, Inc., enjoyed tax exempt status on Tax Map
//4070102 from the Virginia General Assembly until they transferred the property
to Carilion Enterprises, Inc., (taxable status) on September 9, 1993.
Co
The Commissioner of the Revenue has placed Tax Map//4070102 on the City's
Real Estate and Personal Property taxable roll as a result of the change in
ownership of the property.
Do
House of Care of Southwest Virginia, Inc., petitioned City Council on September
12, 1994, requesting adoption of a Resolution in support of the organization's
request to obtain tax exempt status from the General Assembly on personal
property located in the City of Roanoke.
House of Care of Southwest Virginia, Inc., does not own real property in the City
and intends to remain a lessee of Tax Map//4070102.
Current Situation:
he
City Council adopted Resolution No. 30884-021897 on February 18, 1992, to
establish guidelines for organizations seeking support for exemption from
taxation. (See Attachment A).
Bo
Notification of a Public Hearing to be held on October 10, 1994, was advertised
in the Roanoke Times and World News on October 3, 1994.
Isstles:
A. Compliance with City Policy.
B. Service to Citizens.
Honorable Mayor and City Council
Page 2
IV.
C. Cost to the City.
D. Determination by Commissioner of the Revenue.
Alternatives:
Bo
City Council grant the request of House of Care of Southwest Virginia, Inc.. for
Council support of their request to the 1995 General Assembly to be designated
exempt from taxation pursuant to Article ×, Section 6(a)6 and Article IV, Section
58.1-3650 et seq. of the Constitution of Virginia.
Compliance with City Policy has been met through the filing of their
petition (See Attachment B).
Service to Citizens is met as House of Care of Southwest Virginia, Inc.,
provides meals and lodging for the families of children and adult oncology
and leukemia patients for a nominal fee which is waived for any guest
who is unable to pay. One-third of the guests make no payments.
o
Cost to the City will be $854.81 in personal property taxes. If House of
Care should ever purchase the real estate located at Tax Map//4070102
a twenty per cent (20%) service charge would be levied by the City in lieu
of real estate taxes.
Determination by Commissioner of the Revenue, Ms. Marsha Compton
Fielder, has opined that the stated purpose and activities of House of Care
of Southwest Virginia, Inc., conforms to the nature of those non-profit
organizations qualifying for exemption under the Virginia Exemption by
Classification Statute.
City Council deny request of House of Care of Southwest Virginia, Inc.. for
Council support of their request to the 1995 General Assembly to be designated
exempt from taxation pursuant to Article X, Section 6(a)6 and Article IV, Section
58.1-3650 et seq. of the Constitution of Virginia.
Compliance with City Policy has been met through the filing of their
petition (See Attachment A).
2. Service to Citizens would probably not be affected.
3. Cost to the City will not be an issue.
Honorable Mayor and City Council
Page 3
Vo
o
Determination by Commissioner of the Revenue, Ms. Marsha Compton
Fielder, has opined that the stated purpose and activities of House of Care
of Southwest Virginia, Inc., conforms to the nature of those non-profit
organizations qualifying for exemption under the Virginia Exemption by
Classification Statute.
Recommendation:
Ao
City Council concur in Alternative "A" to grant the request of House of Care of
Southwest Virginia, Inc., for Council support of their request to the 1995 General
Assembly to be designated exempt from taxation pursuant to Article ×, Section
6(a)6 and Article IV, Section 58.1-3650 et seq. of the Constitution of Virginia.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:EDC:js
Attachment
CC:
Ms. Sara Winn, Woods, Rogers & Hazlegrove, 10 South Jefferson Street, Roanoke,
Virginia, 24011
Mr. Tom Palmer, Woods, Rogers & Hazelgrove, 10 South Jefferson Street, Roanoke,
Virginia, 24011
City Attorney
Director of Finance
City Clerk
Director of Real Estate Valuation
Commissioner of the Revenue
Director of Human Resources
Manager, Management and Budget
ATTACI~IENT "A"
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of February, 1992.
No. 30884-021892.
A RESOLUTION establishing the policy of the City with respect
to supporting requests of certain non-profit organizations to
exempt certain property from taxation pursuant to Article X,
S6(a)(6) of the Constitution of Virginia.
WHEREAS, this Council from time to time, has been requested to
adopt a resolution in support of a non-profit organizations request
of the General Assembly to be designated exempt from taxation
pursuant to Article X, Section 6(a)(6) 9f the Constitution of
Virginia;
WHEREAS, this Council has not heretofore adopted any policy
with respect to those organizations requests and the terms and
conditions under which Council will support an organizations
request for tax-exempt status;
WHEREAS, a written policy will assist Council in considering
whether an organization should be given Council's support of its
request for tax exempt status, and a written policy also will help
to insure that all similarly situated organizations are treated
uniformly;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as' follows:
1. That effective March 1, 1992, as a condition to receiving
a resolution from Council supporting its request of the General
Assembly to be designated exempt from taxation pursuant to Article
X, Section 6(a)(6)
organizations must:
of the Constitution of Virginia,
all
(a)
request a written determination from the
Commissioner of revenue whether the organization is
tax-exempt by classification or designation under
the Code of Virginia;
(b)
notify the City Clerk, in writing, of the
organization's intent to seek new or additional
space for its activities, such notice shall be
given 45 days prior to the organization's entering
into any contract for the purchase of real property
for which it intends to seek tax-exempt
designation;
(c)
agree to pay to the City an annual service charge
in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would
be applicable to the real property of the
organization, in the City of Roanoke, were the
organization not exempt from such taxation, for so
long as the organization's real property is
exempted from State and local taxation;
(d)
submit to the City Manager detailed answers to the
questions set forth in subsection B of S30-19.04 of
the Code of Virginia (1950), as amended, such
answers must be submitted no later than November 15
in order to receive a resolution to be considered
by the next session of the General Assembly; and
(e)
file a petition for tax-exempt status with City
Council at least sixty (60) days in advance of the
first day of the next session of the General
Assembly.
2. If the Council adopts a resolution supporting an
organization's request of the General Assembly, and the request is
granted:
(a)
the value of all exempted taxes shall be deducted
from any funding provided by the City to the
organization; and
(b)
the Commissioner of Revenue and the Office of Real
Estate Valuation will monitor the tax-exempt status
of the property through the use of:
(1) biennial application for tax-exemption;
and
(2)
regular use compliance checks
Office of Real Estate Valuation.
ATTEST:
by the
City Clerk.
ATTACHMENT "B"
[AZLEGI~OVE, P.L.C.
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE:
PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM
TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, § 6
(a)(6) OF THE CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
1. Your Petitioner, House of Care of Southwest Virginia,
Inc., a Virginia, non-stock, not for profit corporation, is the
lessee of certain real property located on the east side of
Jefferson Street northeast of its intersection with Twenty-Second
Street in the City of Roanoke, Virginia, which property is more
particularly described on Exhibit A attached hereto.
2. Your Petitioner desires to be an organization
designated by a section within Article 4, S58.1-3650 et seq.
of the 1950 Code of Virginia, as amended, in order that the
referenced persOnal property housed on such real property and
used exClusively for charitable and benevolent purposes in
responding to the needs of ill children and adults and their
families be exempt from taxation under the provisions of
Article X, S 6 (a)(6) of the Constitution of Virginia so long as
your Petitioner is operated not for profit and the property so
exempted is used in accordance with the purpose for which your
Petitioner is classified.
3. Your Petitioner respectfully requests that the Council
of the City of Roanoke adopt a resolution in accordance with the
requirements of ~30-19.04 (B) of the 1950 Code of Virginia, as
amended, after holding a public hearing with respect thereto
M~167628
[AZLEGI~OVE, P.L.C.
where citizens shall have an opportunity to be heard in order
that legislation involving the designation of property to be
exempted from taxation pursuant to Article X, S 6 (a)(6) of the
Constitution of Virginia may be presented to the General Assembly
of Virginia.
In compliance with S30-19.04 (B) the following questions are
submitted for consideration:
Whether the organization is exempt from taxation
pursuant to S501 (c) of the Internal Revenue Code of
1954.
(A)
Your Petitioner is exempt from taxation pursuant
to ~ 501 (c) of the Internal Revenue Code of 1954.
Whether a current annual alcoholic beverage license for
serving alcoholic beverages h~s been issued by the
Alcohol Beverage Control Board to such organization for
such use on such property.
(A)
No alcoholic beverage license has been or will be
requested or issued for use on the referenced
property.
Whether any director or officer of the organization has
been paid compensation in excess of reasonable
allowances for salaries or other compensation for
personal services which such director or officer
actually renders.
(A)
No officers or directors of your Petitioner are
paid compensation in excess of reasonable
allowances for salaries or other compensation for
personal services actually rendered. Your
Petitioner has one salaried employee and that
employee is not an officer or director.
Whether any part of the net earnings of such
organization inures to the benefit of any individual
and whether any significant portion of the services
provided by such organization is generated by funds
received by donations, contributions or local, state or
federal grants. As used in this subsection donations
shall include the providing of personal services or the
contribution of in kind or other material services.
M#167628
W. LEGROVE, PL.C.
M#167628
(A)
No part of the net earnings of your Petitioner
inures to the benefit of any individual and no
significant portion of the service provided by
your Petitioner is generated by local, state or
federal grants. Your Petitioner provides services
primarily through the generation of donations and
contributions.
Whether the organization provides services for the
common good of the public.
(A)
Your petitioner provides services for the common
good of the public in as much as it provides meals
and lodging for ill children and adults and their
families.
Whether a substantial part of the activities of the
organization involves carrying on propaganda, or
otherwise attempting, to influence legislation and
whether the organization participates in, or intervenes
in, any political campaign on behalf of any candidate
for public office.
(A)
Your Petitioner is not involved in propaganda,
influencing legislation or any political campaign
on behalf of any candidate for public office.
No rule, regulation, policy or practice of the
organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A)
No rule, regulation, policy or practice of your
Petitioner discriminates on the basis of religious
conviction, race, color, sex or national origin.
The revenue impact to the locality and its taxpayers of
exempting the property.
(A)
No significant impact is anticipated as a result
of the exemption.
Any other criteria, facts and circumstances which the
governing body deems pertinent to the adoption of such
resolution.
(A)
Your Petitioner provides meals and lodging for the
families of children and adult oncology and
leukemia patients; such services are provided for
a nominal fee which fee is waived for any guest
who indicates that they are unable to pay; one
third of your Petitioner's guests make no
payments.
WHEREFORE, your Petitioner, House of Care of Southwest
Virginia, Inc., respectfully requests to the Council of the City
of Roanoke (1) that a resolution be adopted pursuant to S30-19.04
of the Code.of Virginia stating the provisions of subsection B of
that Code section have been examined and considered in
conjunction with this petition seeking the designation of
property to be exempted from taxation pursuant to Article X, S 6
(a)(6) of the Constitution of Virginia at a public hearing at
which citizens have had an opportunity to be heard and (2) that a
recommendation be made to the General Assembly of Virginia that
the personal property of your Petitioner be designated by a
Section within Article IV, ~58.1-3650 e_~ seq. exempting the
personal property of your Petitioner from taxation so long as
your Petitioner is operated not for profit and the property so
exempt is used for the particular purposes of providing lodging
for ill children and adults and their families.
Respectfully Submitted,
HOUSE OF CARE OF SOUTHWEST
VIRGINIA, INC.
'-LEGI~VI~, P.L.C.
Sara Bugbee Winn, Esquire
WOODS, ROGERS & HAZLEGROVE, P.L.C.
Dominion Tower, Suite 1400
10 South Jefferson Street
P.O. Box 14125
Roanoke, Virginia 24038-4125
(703) 983-7580
M#167628
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PUBLISHER'S FEE -
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CITY CLERKS OFFIC~
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F'E')RATION~ ~HICH Cg'qP~R~TION IS PUBLISHER
OF TH~7- R(DANONE TI~4ES S WORLO-NENS~ A
DAILY NEWSPAPER PLJ:.:;L!SHED I~N ROANOKE, iN
TriE STAT;S IF V!RGINIC. DO CEPTIFY THAT
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' "'~ ' N
ln/O3/94 4uR
~ITN6SS, THIS
L~Td il) aY OF OCTOBER 1994
AUTHO~I ZE Q SIGNATURE
NOTICE OF PUBUC HEARING
Notice Is hereby ~ that the
City Council of the City of
Roanoke will hold a public
hearing at Its regular meeti..ng
to be held on October
1994 commencing at. 7:00
p.m., in the Councl Chambers,
4th flonf, Municipad Building,
215 Church AtIN)p~_, S. W.,
Roanoke, VIr~'IM the ques-
Uon of eduction of a rse~Iutlon
pursuant to Sec. 30-19.04,
Code of Virginia (1950), as
amended, on request of House
Inc., roi' dselgngdon of plop(~ty
Citizens shall have the ~pportu-
nity to be heard and express
their opinions on Said matter.
GIVEN under my hand this 26th
Mary F. ~, City ~
(108/29)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing at its regular meeting to be held on October 10, 1994, commencing at 7:00 p.m., in the
Council Chambers, 4th floor, Municipal Building, 215 Church Avenue, S. W., Roanoke,
Virginia, on the question of adoption of a resolution pursuant to Sec. 30-19.04, Code of Virginia
(1950), as amended, on request of House of Care of Southwest Virginia, Inc., for designation
of property to be exempted from taxation.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
GIVEN under my hand this 26th day of September, 1994.
Mary F. Parker, City Clerk
NOTE TO PUBLISHER:
Please publish once in the Roanoke Times & World News on Monday, October 3,
1994.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
September 13, 1994
File #79-137-169
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a communication from Sara B. Winn, Attorney, representing
House of Care of Southwest Virginia, Inc., transmitting a petition requesting
adoption of a resolution in support of the organization's request to obtain tax-exempt
status from the General Assembly of Virginia on certain real property located in the
City of Roanoke, which communication was before the Council of the City of Roanoke
at a regular meeting held on Monday, September 12, 1994.
On motion, duly seconded and unanimously adopted, the communication was referred
to you for study, report and recommendation to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
Sara B. Winn, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125,
Roanoke, Virginia 24038-4125
Wilburn C. Dibling, Jr., City Attorney
/oons. Rc~s &
~ZLEGROVE. PLC.
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE:
PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM
TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, § 6
(a)(6) OF THE CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
1. Your Petitioner, House of Care of Southwest Virginia,
Inc., a Virginia, non-stock, not for profit corporation, is the
lessee of certain real property located on the east side of
Jefferson Street northeast of its intersection with Twenty-Second
Street in the City of Roanoke, Virginia, which property is more
particularly described on Exhibit A attached hereto.
2. Your Petitioner desires to be an organization
designated by a section within Article 4, S58.1-3650 et seq.
of the 1950 Code of Virginia, as amended, in order that the
referenced personal property housed on such real property and
used exclusively for charitable and benevolent purposes in
responding to the needs of ill children and adults and their
families be exempt from taxation under the provisions of
Article X, S 6 (a)(6) of the Constitution of Virginia so long as
your Petitioner is operated not for profit and the property so
exempted is used in accordance with the purpose for which your
Petitioner is classified.
3. Your Petitioner respectfully requests that the Council
of the City of Roanoke adopt a resolution in accordance with the
requirements of S30-19.04 (B) of the 1950 Code of Virginia, as
amended, after holding a public hearing with respect thereto
M#167628
/OODS. ROGERS
LAZLEGROVE, P.L.C
where citizens shall have an opportunity to be heard in order
that legislation involving the designation of property to be
exempted from taxation pursuant to Article X, § 6 (a)(6) of the
Constitution of Virginia may be presented to the General Assembly
of Virginia.
In compliance with §30-19.04 (B) the following questions are
submitted for consideration:
Whether the organization is exempt from taxation
pursuant to ~501 (c) of the Internal Revenue Code of
1954.
(A)
Your Petitioner is exempt from taxation pursuant
to ~ 501 (c) of the Internal Revenue Code of 1954.
Whether a current annual alcoholic beverage license for
serving alcoholic beverages has been issued by the
Alcohol Beverage Control Board to such organization for
such use on such property.
(A)
No alcoholic beverage license has been or will be
requested or issued for use on the referenced
property.
Whether any director or officer of the organization has
been paid compensation in excess of reasonable
allowances for salaries or other compensation for
personal services which such director or officer
actually renders.
(A)
No officers or directors of your Petitioner are
paid compensation in excess of reasonable
allowances for salaries or other compensation for
personal services actually rendered. Your
Petitioner has one salaried employee and that
employee is not an officer or director.
Whether any part of the net earnings of such
organization inures to the benefit of any individual
and whether any significant portion of the services
provided by such organization is generated by funds
received by donations, contributions or local, state or
federal grants. As used in this subsection donations
shall include the providing of personal services or the
contribution of in kind or other material services.
M#167628
2
~LEGROVE, P.L.C.
(A)
No part of the net earnings of your Petitioner
inures to the benefit of any individual and no
significant portion of the service provided by
your Petitioner is generated by local, state or
federal grants. Your Petitioner provides services
primarily through the generation of donations and
contributions.
Whether the organization provides services for the
common good of the public.
(A)
Your petitioner provides services for the common
good of the public in as much as it provides meals
and lodging for ill children and adults and their
families.
Whether a substantial part of the activities of the
organization involves carrying on propaganda, or
otherwise attempting, to influence legislation and
whether the organization participates in, or intervenes
in, any political campaign on behalf of any candidate
for public office.
(A) Your Petitioner is not involved in propaganda,
influencing legislation or any political campaign
on behalf of any candidate for public office.
No rule, regulation, policy or practice of the
organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A) No rule, regulation, policy or practice of your
Petitioner discriminates on the basis of religious
conviction, race, color, sex or national origin.
The revenue impact to the locality and its taxpayers of
exempting the property.
(A) No significant impact is anticipated as a result
of the exemption.
Any other criteria, facts and circumstances which the
governing body deems pertinent to the adoption of such
resolution.
(A)
Your Petitioner provides meals and lodging for the
families of children and adult oncology and
leukemia patients; such services are provided for
a nominal fee which fee is waived for any guest
who indicates that they are unable to pay; one
third of your Petitioner's guests make no
payments.
M#167628
WHEREFORE, your Petitioner, House of Care of Southwest
Virginia, Inc., respectfully requests to the Council of the City
of Roanoke (1) that a resolution be adopted pursuant to S30-19.04
of the Code.of Virginia stating the provisions of subsection B of
that Code section have been examined and considered in
conjunction with this petition seeking the designation of ~
property to be exempted from taxation pursuant to Article X, S 6
(a)(6) of the Constitution of Virginia at a public hearing at
which citizens have had an opportunity to be heard and (2) that a
recommendation be made to the General Assembly of Virginia that
the persoga1 property of your Petitioner be designated by a
Section within Article IV,5~58.1-3650 et seq. exempting the
personal property of your Petitioner from taxation so long as
your Petitioner is operated not for profit and the property so
exempt is used for the particular purposes of providing lodging
for ill children and adults and their families.
Respectfully Submitted,
HOUSE OF CARE OF SOUTHWEST
VIRGINIA, INC.
ODS, RO~ &
~LEGROVE, P.L.C.
Sara Bugbee Winn, Esquire
WOODS, ROGERS & HAZLEGR~VE, P.L.C.
Dominion Tower, Suite 1400
10 South Jefferson Street
P.O. Box 14125
Roanoke, Virginia 24038-4125
(703) 983-7580
M#167628
4
- I - EXHIBIT
A
'"'"---- ,-- ~ OX mum-,~-.,-_ _-_ ,_ .,,, OSO~Y
.aa.,.,,,,,4~,"~ 200 ZOS~ w _r:;~ ~.~ .~ ....
~, V'.~i' ~ ~
I05
First Union Tower
10 South Jefferson Street, Suite 1400
Roanoke, Virginia 24011
P.O. Box 14125
Roanoke, Xrmginia 24038-4125
WOODS, ROGERS &
Attorneys at Law
/:'~' [~J[;? t:73 l~ter's ct Dial Telephone'
(703) 983-7686
August 17, 1994
W. Robert Herbert, City Manager
364 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re: House of Care of Southwest Virginiat Inc.
Dear Mr. Herbert:
In accordance with our petition to the City Council for tax-
exempt status of the above referenced and in compliance with §30-
19.04 (B) the following questions are submitted for your
consideration:
Whether the organization is exempt from taxation
pursuant to §501 (c) of the Internal Revenue Code of
1954.
(A)
Your Petitioner is exempt from taxation pursuant
to § 501 (c) of the Internal Revenue Code of 1954.
Whether a current annual alcoholic beverage license for
serving alcoholic beverages has been issued by the
Alcohol Beverage Control Board to such organization for
such use on such property.
(A)
No alcoholic beverage license has been or will be
requested or issued for use on the referenced
property.
Whether any director or officer of the organization has
been paid compensation in excess of reasonable
allowances for salaries or other compensation for
personal services which such director or officer
actually renders.
(A)
No officers or directors of your Petitioner are
paid compensation in excess of reasonable
allowances for salaries or other compensation for
personal services actually rendered. Your
Petitioner has one salaried employee and that
employee is not an officer or director.
WOODS, ROGERS & HAZLEGROVE
W. Robert Herbert
Page 2
July 25, 1994
Whether any part of the net earnings of such
organization inures to the benefit of any individual
and whether any significant portion of the services
provided by such organization is generated by funds
received by donations, contributions or local, state or
federal grants. As used in this subsection donations
shall include the providing of personal services or the
contribution of in kind or other material services.
(A)
No part of the net earnings of your Petitioner
inures to the benefit of any individual and no
significant portion of the service provided by
your Petitioner is generated by local, state or
federal grants. Your Petitioner provides services
primarily through the generation of donations and
contributions.
Whether the organization provides services for the
common good of the public.
(A)
Your petitioner provides services for the common
good of the public in as much as it provides meals
and lodging for ill children and adults and their
families.
Whether a substantial part of the activities of the
organization involves carrying on propaganda, or
otherwise attempting, to influence legislation and
whether the organization participates in, or intervenes
in, any political campaign on behalf of any candidate
for public office.
(A)
Your Petitioner is not involved in propaganda,
influencing legislation or any political campaign
on behalf of any candidate for public office.
No rule, regulation, policy or practice of the
organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A)
No rule, regulation, policy or practice of your
Petitioner discriminates on the basis of religious
conviction, race, color, sex or national origin.
M#190799
WOODS, ROGERS & HAZLEGROVE
W. Robert Herbert
Page 3
July 25, 1994
The revenue impact to the locality and its taxpayers of
exempting the property.
(A)
No significant impact is anticipated as a result
of the exemption.
Any other criteria, facts and circumstances which the
governing body deems pertinent to the adoption of such
resolution.
(A)
Your Petitioner provides meals and lodging for the
families of children and adult oncology and
leukemia patients; such services are provided for
a nominal fee which fee is waived for any guest
who indicates that they are unable to pay; one
third of your Petitioner's guests make no
payments.
I also enclose a copy of a letter from the Commission of the
Revenue stating the House of Care of Southwest Virginia, Inc. has
never been granted tax-exemption for personal or real property
and a copy of the House of Care's priorities, guest rules and
guidelines.
Your assistance and support in this matter is greatly
appreciated. Should you require any additional information
concerning the above, please contact me at this office.
Very truly yours,
WOODS, ROGERS & HAZLEGROVE
Sara Bugbee Winn
M#190799
, ,.~.~:.'~. !
MARSHA COMPTON FIELDER
Commissioner of thc Revenue
CITY OF ROANOKE
COMMISSIONER OF THE REVENUE
215 Church Avenue, S.W., Room 251
Roanoke, Virginia 24011
Telephone: (703) 981-2521
Fax: (703) 224-3115
July 20, 1994
Ms. Sara B. Winn
Woods. Rogers & Hazlegrove, P.L.C.
PO Box 14125
Roanoke, VA 24038-4125
Dear Ms. Winn:
In response to your letter dated July 12, 1994, and your telephone call with Margaret Lindsey, of
this office, regarding the tax-exempt stares of House of Care of Southwest Vir~nia, Inc., this
entity has never been granted tax-exemption by designation for personal or real property purposes
for the City of Roanoke. We currently show this entity as owner of record of no real or personal
property in the City of Roanoke.
Please do not hesitate to contact me should you need any further information or if my office can
be of assistance in seeking }louse of Cafe's exempt status.
Sincerely, -'x, ~
Mar~ha Compton Fielder
Comrp- ;,ssioner of the R~.,enue
mcf/mal
RONALD McDONALD HOUSE of SOUTHWEST VIRGINIA
222~, $. defferson Street
Roanoke, Virginia 24014
GUEST RULES and GUIDELINES
GENERAL HOUSE RULES:
· Food and Drinks are permitted only irt desiguated areas-Kitchen, Dining Room, Patio
· No Smoking in the House
· No Alcoholic Beverages allowed in the House
· Overni§ht Guests are not afiowed to sleep in public areas.
· No pets.
· Proper dress and shoes required.
· Guests must leave upon discharge of the patient.
· Guests who have or have been exposed to a communicable disease, i.e. - measles, mumps, whooping cough, etc.,
will not be allowed to occupy a room except after consultation and approval by a physician and management.
· Guests must respect privacy of other guests.
· Guests must-keep TV/Radio sound at a reasonable level. Unnecessary noise will not be permitted.
· Guests must limit the number of visitors coming to the House.
· Pool and room game time is 9:00 a.m. - 9:00 p.m.
· The House will not be responsible for any articles left or unattended in the House.
· Lost and found articles should be brought to the attention of House Management.
· No illegal activities will be permitted in the House.
ROOMS:
· One room per family.
· Limit of four (4) overnight family members to a room.
· * No food oe
· Management will not hold a room for any guest not occupying the room and reserves the right to fill rooms not
occupied on a daily basis.
· Management reserves the right to inspect guest rooms at any time. Rooms should be locked at all times.
HOUSEKEEPING: + It is the guest's responsibility to make bed, empty wastebasket in outside dumpster (not in another container),
and keep room and bathroom clean.
+ Turn off lights when leaving room.
Should you note something wrong with your room or the House (need a blanket, see a burned out
light), please notify the House Manager or the Volunteer on duty.
THE KITCHEN: (The House receives donations of food from many organizations. You are
welcome to use these items in the designated areas.)
~, Eat in designated areas only.
~, Prepare your own breakfast and lunch.
~, Buffet dinners for all guests are prepared and served from 5:00 p.m. until 6:30 p.m. by the house staff, guests and
volunteers cooperatively. Anyone using the kitchen to prepare snacks or meals is responsible for dean-up.
,, Guests may store personal food items in the refrigerator, however, dispose of personal food items prior to check
out. Items must be properly marked.
>, Share kitchen chores with other guests.
~, Help keep the kitchen clean. Before you leave the kitchen, remember to dispose of leftovers, load the
dishwasher, wash pots and pans, wipe up spills, and return unused items to their designated area.
~, Donations to operate the kitchen are appreciated but not required.
Over
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #53-467
The Reverend C. Nelson Harris, Chair
Roanoke City School Board
2813 Edgewood Street, S. W.
Roanoke, Virginia 24015
Dear Reverend Harris:
I am enclosing copy of Resolution No. 32223-101094 authorizing issuance of not to
exceed $4,200,000.00 General Obligation School Bonds of the City of Roanoke,
Virginia, Series 1994 A, to be sold to the Virginia Public School Authority and
providing for the form and details thereof. Resolution No. 32223-101094 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
pc:
E. Wayne Harris, Superintendent of Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City
Public Schools
June S. NoIley, Clerk of the Roanoke City School Board
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #53-467
F. Webster Day
Bond Counsel
Wetherington and Melchionna
1100 Crestar Bank Building
Roanoke, Virginia 24011
Dear Mr. Day:
I am enclosing copy of Resolution No. 32223-101094 authorizing issuance of not to
exceed $4,200,000.00 General Obligation School Bonds of the City of Roanoke,
Virginia, Series 1994 A, to be sold to the Virginia Public School Authority and
providing for the form and details thereof. Resolution No. 32223-101094 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
Sincerely,
Mary F. Parker,
City Clerk
MFP: sm
Enc.
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #53-467
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am enclosing a certified copy of Resolution No. 32223-101094 authorizing issuance
of not to exceed $4,200,000.00 General Obligation School Bonds of the City of
Roanoke, Virginia, Series 1994 A, to be sold to the Virginia Public School Authority
and providing for the form and details thereof. Resolution No. 32223-101094 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
October 10, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 10th day of October, 1994.
No. 32223-101094.
A RESOLUTION AUTHORIZING THE ISSUANCE OF NUT TO EXCEED
$4,200,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1994 A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, in June 1992 and May 1993, the Commonwealth of
Virginia Board of Education (the "Board of Education") placed
the applications (the "Applications") of the Roanoke City School
Board (the "School Board"), for loans of $4,200,000 (the
"Literary'Fund Loans") 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 each
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 Loans 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 Loans;
WHEREAS, the Literary Fund Obligation was to have borne
interest at four percent (4.00%) per annum and mature in annual
installments for a period of twenty (20) years;
WHEREAS, in connection with the 1994 Interest Rate Subsidy
Program (the "Program"), the Virginia Public School Authority
(the "VPSA") has offered to purchase general obligation school
bonds of the City, and the Board of Education has offered to
pay, to the City, 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 City 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 City (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 $4,200,000 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 10, 1994, on the issuance of the Bonds (as defined
below) in accordance with the requirements of Section
15.1-227.8.A, 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) and consented to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIT~
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 $4,200,000 (the
2
"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.
To the extent permitted under Section 15.1-227.2 of the
Public Finance Act of 1991 (Chapter 5.1, Title 15.1, Code of
Virginia of 1950, as amended) (the "Act"), the Council hereby
elects that the Bonds be issued under the provisions of the Act
without regard to the requirements, restrictions or other
provisions contained in any charter or local or special act
applicable to the City.
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 18, 1994, 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 lssuable in
fully registered form; shall be dated the date of issuance and
delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 1994 A"; shall bear interest from the date
of delivery thereof payable semi-annually on each January 15 and
July 15 beginning July 15, 1995 (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 Princl_Dal I--tallments. 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 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. For as long as the VPSA is the
registered owner of the Bonds, the Bonds shall be in the form of
a single, temporary typewritten bond substantially in the form
attached hereto as Exhibit A.
6. Pa_vment: Paying Agent and Bond Reoistra~.
following provisions shall apply to the Bonds:
The
(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) Ail 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) Signet Trust Company, Richmond, Virginia, is
designated as Bond Registrar and Paying Agent for the Bonds.
7. No Redem_Dtion or Pre~Da_vmen~. The Principal
Installments of the Bonds shall not be subject to redemption or
4
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 the registered
owner of the Bonds.
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 ~ 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
~. 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
5
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 Aaree~,~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. 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.
13. 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.
14. Effective Date.
immediately.
This Resolution shall take effect
ATTEST:
City Clerk.
6
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 1994 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, 1995 and annually on July 15 thereafter to and
including July 15, 2014 (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, 1995 (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, , 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 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
2
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 15.1-227.25 of the 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 5.1,
Title 15.1, Code of Virginia 1950, as amended, and resolutions
duly adopted by the Council of the City and the School Board of
the City
purposes.
to provide funds for capital projects for school
3
This Bond may be exchanged without cost at the office of
the Bond Registrar for an equal aggregate principal amount of
bonds in definitive form 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,
issuable in fully registered form in denominations of $5,000 and
whole multiples thereof. On twenty (20) days written notice
from the Virginia Public School Authority, the City shall
deliver, at its expense, this Bond in marketable form, in
exchange for the temporary typewritten Bond.
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.
4
Ail 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.
IN WITNESS WHEREOF, the Council of the City of Roanoke has
caused this Bond to be issued in th~ 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
· 1994.
CITY OF ROANOKE, VIRGINIA
(SEAL)
ATTEST:
Clerk, City of
Roanoke, Virginia
5
Mayor, City of
Roanoke, Virginia
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 a member firm of
the New York Stock Exchange or
a commercial bank or trust
company.)
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.)
211900-1.400\4.snc
6
ROANOKE CITY
Savings Target
Overall TIC
Loan Amount
Rate
Dated
Delivery
First Int
First Prln
Fiscal Basis
25
6 425000%
2,000,000
4.00%
11/22/94
11/22/94
711 5/95
7115~95
1115~96
0.10%
VPSA Rates LocaIRates
1995 6.15% 6.25%
1996 6.15% 6.25%
1997 6.15% 6.25%
1998 6.15% 6.25%
1999 6.15% 625%
2000 6.15% 6.25%
2001 6.15% 6.25%
2002 6.15% 6.25%
2003 6,15% 6.25%
2004 6.15% 6.25%
2005 6.15% 6.25%
2006 6.25% 6.35%
2007 6.35% 6.45% '
2008 6.45% 6.55% '
2009 6.55% 6.65%
2010 6.60% 6.70%
2011 6.65% 6.75%
2012 6.65% 6.75%
2013 6.65% 6.75%
2014 6.65% 6.75%
Revised Debt Service Schedule
Literary Fund Loan
Principal Rate Interest Total Fiscal Total
7115/95 100,000 4.00% 51,778 151,778 0
1/15~96 0 38,000 38,000 189,778
7115/96 100,000 4.00% 38,000 138,000 0
1115197 0 36,000 36,000 174,000
7115/97 100,000 4.00% 36,000 136,000 0
1/15~98 0 34,000 34,000 170,000
7115/98 100,000 4.00% 34,000 134,000 0
1 I15/99 0 32,000 32.000 166,000
7115199 100,000 4.00% 32,000 132,000 0
1/15100 0 30,000 30,000 162,000
7115100 100,000 4.00% 30,080 130,000 0
1115/01 0 28,000 28,000 158,000
7115101 100,000 4.00% 28,000 128,000 0
1115/02 0 26,000 26,000 154.000
7115102 100,000 4.00% 26,000 126,000 0
1/15/03 0 24,000 24,000 150,000
7115103 100,000 4.00% 24,000 124,000 0
1115/04 0 22,000 22,000 146,000
7115104 100,000 4.00% -22,000 122,000 0
1 I15/05 0 20,000 20,000 142.000
7115/05 100,000 4.00% 20,000 120,000 0
1115/06 0 18,000 18,000 138,000
7115/06 100,000 4.00% 18,000 118,000 0
1115/07 0 16,000 16,000 134,000
7115107 100,000 4.00% 16,000 116,000 0
1115108 0 14,000 14,000 130,000
7115108 100,000 4.00% 14,000 114,000 0
1115/09 0 12,000 12,000 126,000
7115109 100.000 4.00% 12,000 112,000 0
1115/10 0 10.000 10,000 122,000
7115/10 100,000 4.00% 10,000 110,000 0
1115111 0 8.000 8.000 118,000
7/15/11 100,000 4.00% 8,000 108,000 0
1 I15112 0 6,000 6.000 114,000
7/15112 100,000 4.00% 6,000 106,000 0
1115113 0 4,000 4.000 110,000
7/15/13 100,000 4.00% 4,000 104.000 0
1115/14 0 2.000 2.000 106,000
7/15/14 100,000 4.00% 2,000 102,000 0
1/15/15 0 0 0 102.000
1115/15 0
Totals $ 2,000,000 $811,778 $ 2,811,778
VPSA Loan
Principal
72.975
74,077
74,727
75,420
76,156
76,941
77,775
78,664
79,610
80,617
81,689
82,873
84,221
85,745
87,461
89,363
91,443
93,691
96,097
98,670
1,658.215 ,
Rale Interest Tolul Fiscal Total
VPSA
SaviniJs
6.25% 69,122.34 142,097.34 0
0.00% 51,118.77 51,118.77 193,216
6.25% 51,118.77 125,195.77 0
0.00% 48,803.86 48,803.86 174,000
6.25% 48,803.86 123,530.86 0
0.00% 46,468.64 46,468.64 170,000
6.25% 46,468.64 121,888.64 0
0.00% 44.111.77 44,111.77 166,000
6.25% 44,111.77 120,267.77 0
0.00% 41,731.89 41,731.89 162,000
6.25% 41,731.89 118,672.89 0
0.00% 39,327.49 39,327.49 158,000
6.25% 39,327.49 117,102.49 0
0.00% 36,897.02 36,897.02 154,000
6.25% 36.897.02 115,56 1.02 0
0.00% 34,438.77 34,438.77 150,000
6.25% 34,438.77 114,048.77 0
0.00% 31,950.95 31,950.95 146,000
6.25% 31.956.95 112,567.95 0
0.00% 29,431.67 29,431.67 142,000
6.25% 29,431.67 111,120.67 0
0.00% 26,878.89 26,878.89 138,000
6.35% 26,878.89 109,751.89 0
0.00% 24,247.67 24,247.67 134,000
6.45% 24,247.67 108,468.67 0
0.00% 21,531.55 21,531.55 130,000
6.55% 21,531.55 107,276.55 0
0.00% 18,723.40 18,723.40 126,000
6.65% 18,723.40 106,184.40 0
0.00% 15,815.32 15,815.32 122,000
6.70% 15,815.32 105,178.32 0
0.00% 12,821.68 12,821.68 118,000
6.75% 12,821.68 104,264.68 0
0.00% 9,735.46 9,735.46 114,000
6.75% 9,735.46 103,426.46 0
0.00% 6,573.39 , 6,573.39 110,000
6.75% 6,573.39 102,670.39 0
0.00% 3,330.11 3,330.11 108,(XX)
6.75% 3,330.11 102,000.11 0
0.00% 102,000
0
9,680.43
-13.118.77
12,80423
- 12,803.86
12,469.14
-12,468.64
12,111.36
-12,111.77
11,73223
-11,731.89
11,327.11
-11,327.49
10,897.52
-10,897.02
10,438.98
-10,438.77
9,951.23
-9,950.95
9,432.05
-9,431.67
8,879.33
-8,878.89
8,248,11
-8,247.67
7,531.33
-7,531.55
6,723.45
-6,723.40
5,815.60
-5,815.32
4,821.68
-4,821.66
3,735.34
-3,735.46
2,573.54
-2,573.39
1,329.61
-1,330.11
-0.11
0.00
$ 1,156,999 $ 2.815,214,
NPV SAVINGS ===>
(3,436)
24.93
919194 Current market conditions + 60 basis points
Sources of Funds
Literary Loan $ 2,000,000
Total Sources $ 2,000,000
Uses of Funds
Total Project Cost $ 2,000,000
Total Uses $ 2,000,000
Sources of Funds
VPSA loan $ 1,668,215
Loan Subsidy Amount 352~829
Total Sources $ 2,011~044
Uses of Funds
TotaIProject Costs $ 2,000,000
Borrowers Costs 6,500
Cashflow Lag 4,544
Total Uses $ 2,011,04~4
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011
.... ~,o~,, r~e~;,s, ~,narrman Marsha W. Ellison
Marilyn L. Curtis. Vice Chairman Finn D. Pincus
Charles W. Day
Ctul~n G. Poff
Cih/ School Doard
John H. Saun
E. Wayne Harris, Superintenoem
June S. Nolley, Clerk of the 8Oard
P.O. Box1314§. Roonoke, Virginto24031 · 703-981-2381 ,, F~x: 7C10-98'h295,~
L
September 22, 1994
The Honorable David A. Bowe~ Mayor
and Membe~ of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As you will recall, the Roanoke City School Board approved a resolution for the Roanoke
City Public Schools to participate in the 1994 V'u~inia Public School Authority (VPSA) bond
issue and request the City of Roanoke tO is~Je iu general obligation school bonds in an amount
not to exceed $4,200,000.00 for improvem~s and additions to Virsinia Heishta Elementary
-tq,,,uau~,o ~u me vI'~A arK! the i-'"'~ ..e..~ _,_ ...... resolution authorizing
34,200,000.00. ----'.",- ,,- s~;~m oouflatlon oOndS in mt amoum not to exceed
oC~t~/~~ In o~rder_to meet the timeline emblished by the Vl)SA ,~... -..,.-, ......
~.ou~.a to hold a public hearinf~ on October in , a,-,,, '_~ _~_'~.~'"~.'~ ~.ui~crruuy requests
81uon bonds. -- ..... ,, ---,, ,c~mmr~ the lssunce of'general
The Board appredatu the assistance in ti~s matter.
Clerk of the Board
Rev. C. Nelson Harris
Mr. E. Wayne ~
Mr. Richard L. Kelley
Mr. William L. Murny.
Mi-. W. Robert Herbert
Excellence in Educotion--
SEP-22-1994 ~: ~5
TOTAL P. 01
P.O1
PU,.~LISHER'S men -
CITY QF ROAhOKE
C/() hARY P PARKL]~
CITY CLERKS OFFICE-
i~OOM ~56 MUNICIPAL ~LOG
ROANOK~ VA 24QlI
STAT~,~ OF VIr,)INIA
r
CITY OF
AFPID~:VIT OF PUi_iLICAT[ON
I, (T!-if: UNDE~,SIG,NFO) AN AUTHORIZED
REPF-;~SENT;~TIV~ OF TH~ TIM~:S-~ORLD COR-
PUKATION, WHICH CORPORATION IS PUBLISHER
OF THF ~[)ANOK~ TIM~S & WC~LD-NEWS, A
DAILY NEWSPAPER PU~'LISH6D IN RO~NOKE~ IN
THF STATR OF VIRGINIA, !)0 CEKTIFY THAT
i'HL' ANi~EXED NOTICE W~S PU[SLISHED IN SAID
NE-wSPAPERS ON TH~ FQLLOWI~ DAT~S
StjND$] Y
SUNDAY
wi TN~'SS, THIS bT [I 'F/~/~C Tp ~ ~
AUTHORIZED SIGNATURE
· - 'N~TICE OF PUBLIC HEARING
, v ~0~PROPOSED BOND I,~
I ~ ,'-i ,' ]liE CI1Y OF ROANOKE,
VIRGINIA
';CO, until of the City Of Roanoke,
_..v~,_ma (me "Cou~mr) va#
nora a pubic heming on ~e
for schooJ purpo~ and t~e
public, h~m'in~ whlett rely be
pfllmofll their vim off tM pro-
at 7:00 p.m. ~ O~r 10,
bor~ of ~ Municipal Bulkllflg
at 2:1~ I~u~h A~omm, S.W. in
Ma~ F. Pallor
Roaflolm, VI~Iml,,
(10~92~)
NOTICE OF PUBLIC HEARING
ON PROPOSED BOND ISSUE
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 on
the proposed issuance of bonds by the City of Roanoke. The
general purpose for which the bonds are to be issued is to
provide funds, together with other available funds, to finance
certain capital projects for school purposes and the estimated
maximum amount of such bonds is $4,200,000. The public hearing,
which may be continued or adjourned, and at which persons may
appear and present their views on the proposed bond issue, will
be held at 7:00 p.m. on October 10, 1994, before the Council in
the Council Chambers of the Municipal Building at 215 Church
Avenue, S.W. in Roanoke, Virginia.
Mary F. Parker
City Clerk
Roanoke, Virginia
[To be published once a week for two (2) consecutive
weeks in a newspaper published or having general
circulation in the Jurisdiction. The hearing must
be held not less than six (6) nor more than
twenty-one (21) days after the date the
second notice appears in the newspaper.]
[PUBLISH ON SEPTEMBER 25 AND OCTOBER 2, 1994]
211900-1. 389\4. snc
IN TI-IE COUNCIL OF ~ CITY OF ROANOKE, VIRGllNTIA
The 12th day of September, 1994.
No. 32174-091294.
A RESOLUTION authorizing the appropriate City officials to make application to the
Virginia Public School Authority £or financing under the Authority's 1994 Imerest Rate Subsidy
Program.
WHEREAS, this Council has determined that it may be advisable for the City of Roanoke to
contract a debt and issue general obligation bonds in an amount not to exceed $4,200,000 to finance
certain capital improvements for public school purposes and to sell the bonds to the Virginia Public
School Authority (the "VPSA") under the 1994 Interest Rate S.ubsidy Program.
NOW, THEREFORE, be it resolved by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is hereby authorized and directed
to make application to the VPSA under the VPSA 1994 Interest Rate Subsidy Program for financing,
in an amount not to exceed $4,200,000, of certain capital improvements for public schools in the City.
2. All actions taken by the City Manager or the Assistant City Manager that are in
compliance with this resolution are hereby ratified and confirmed.
ATTEST:
City Clerk.
CITY OF ROANOKE
Interdepartmental Communication
DATE:
September 9, 1994
TO:
Mary F. Parker, City Clerk
FROM:
William X Parsons, Assistant City Attomeyx~
SUBJECT: VPSA Bond Issue
Attached is a Notice of Public Heating to be held October 10, 1994. Please forward
this notice to the newspaper so that it may be published on September 25, and October 2, 1994. The
bill for this advertisement should be provided to Richard L. Kelley, Executive for Business Afl'airs
Roanoke City Schools, P.O. Box 13145, Roanoke, VA 24031.
Please contact me if you have any questions about this matter.
WXP/lsc
Attachment
CCi
Richard L. Kelley, Executive for Business Affairs
F. B. Webster Day, Esquire
i ~i!i~::: '
(: i-r,
CITY OF ROANOKE
'94 r: r-7
Interdepartmental Communication
DATE: October 7, 1994
TO:
Mary F. Parker, City Clerk
FROM:
William X Parsons, Assistant City Attorney
SUBJECT: VPSA Bond Sale
As you will recall, at its Public Hearing next Monday night, City Council will be asked
to approve a resolution authorizing the issuance of bonds to be sold to the Virginia Public School
Authority. The bond resolution also authorizes execution of a proceeds agreement and a bond sale
agreement which are to be submitted to Council at this meeting. Mr. Dibling will be present at the
meeting and will advise Council that the documents are being submitted in accordance with the
provisions of the resolution. Accordingly, I am attaching copies of these documents with the request
that you have them available at the meeting for any required inspection. The minutes of the meeting
should also reflect the fact that these documents were submitted to Council.
Please give me a call if you have any questions about this matter.
W-XP/lsc
Attachment
cc: Wilburn C. Dibling, Jr., City Attorney
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 18, 1994
Name of Jurisdiction (the "Local Unit"): 1-
Sale Date: Not earlier than November 1, nor later than November 10,
Closing Date: On or about November 22, 1994
Principal Amount (Not to Exceed): 2-
Amortization Period: Up to Twenty (20) Years
The Virginia Public School Authority ("VPSA") hereby offers to purchase your general
obligation school bonds in an amount not to .exceed the Principal Amount set forth
above from the proceeds of the VPSA's bonds, the sale of which is scheduled to take
place on the Sale Date.
e
You represent that on or before October 25, 1994, 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.~
VPSA's commitment to purchase your bonds is contingent upon 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 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, Central Fidelity National Bank and Commonwealth Investment
Counsel, Inc., 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 partidpafion in SNAP (the "Proceeds Agreement"),
(d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as
Appendix C, (e) an approving legal opinion from your bond counsel in form satisfactory
to VPSA as to (i) the validity of the bonds and the exclusion from gross income for
The local resolution has been drafted for the issuance of bonds by a County. Bond
counsel will need to make appropriate changes in the local resolution for the issuance
of bonds by a City or Town.
federal and Virginia income tax purposes of the interest on your bonds, (ii) the
conformity of the terms and provisions of your bonds to the requirements of this Bond
Sale Agreement including the appendices attached hereto, and (iii) the due
authorization, execution and 'delivery of this Bond Sale Agreement and the Proceeds
Agreement and the validity of the Proceeds Agreement, (f) a transcript of the other
customary closing documents not listed above, and (g) the proceeds of VPSA's bonds.
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.
This Bond Sale Agreement shall take effect on October 18, 1994.
Virginia Public School Authority
By:,
Authorized VPSA Representative
By:
Name:
Title:
(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 I), no later than dose of business on October 18,
1994 to Gary Ometer, Debt Manager, Virginia Public School Authority, [by mail] P. O. Box
1879, Richmond, Virginia 23215-1879 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 ori~nally signed Bond Sale Agreement, please send the
appropriate number; all but one will be returned at closing.
f:\$HARED\DF_JT[~Vi~SA\ISStJE\OGB\BSA.Ot,8 September l&, l~0&
APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
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. VI>SA 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 Pa_vments
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 and the first principal installment will be payable on July
15, 1995. 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,
(i) the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
If VPSA does not purchase your local school bonds on the Closing Date due to
your failure, 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
remedy your failure 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 VI>SA.
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.
F:\SHARED\DEBT\VPSA\ISSUE\9&B\APNXA.BSA 1 September 1~, 1996
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 Vir~nia 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.
Prepa_vment or Redemntion
Bonds in the 1994 Interest Rate Subsidy Program will not be subject to redemption or
prepayment. Bonds not issued pursuant to the Interest Rate Subsidy Program shall be
subject to redemption at the option of the governing body. If your governing body
determines that your bonds shall be subject to prepayment or redemption prior to maturity,
your bond resolution shall provide for prepayment or redemption as follows:
The bonds maturing after July 15, 2005 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, 2005, 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, 2005 through July 14, 2006
July 15, 2006 through July 14, 2007
July 15, 2007 through July 14, 2008
July 15, 2008 and thereafter
103%
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.
F:\$HARED\DEBT\Vi:)SA\iSSUE\94B'~APNX.~.BSA 2 September l&, 199&
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 vglorem 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 18, 1994 to Gary Ometer, Debt Manager, Virginia Public School Authority, P.O.
Box 1879, Richmond, Virginia 23215-1879. If delivered by hand to, Gary Ometer, 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.z
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.
VPSA requires that the Use of Proceeds Certificate be executed separately from the
Arbitrage Certificate prepared by your bond counsel. It is likely that your Arbitrage
Certificate will 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.
F:\SHARED\DEBT\VPSA\ISSUE\9~B~APNXA.BSA 3 Septemlaer l&, 199~
Request and Consent of County_ School Board3
Before the governing body of a County adopts the bond resolution, the County School Board
must first request, by resolution, the governing body to take such action. The County
School Board must also consent to the issuance of bonds by the County. (See form of
resolution in Appendix E attached hereto.)
Public Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the
governing 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 15.1-227.8, 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 onlv 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,
bonds in marketable form in denominations of $5,000 or any whole multiple thereof, as
requested by VPSA.
Comprehensive Annual Financial Revort
Annually for the life of the bonds, you will be required to submit a copy of the locality's
Comprehensive Annual Financial Report CCAFR") to the rating agencies referenced below:
Moody's Investors Service
Public Finance Department
Attention: Edward Krauss
99 Church Street
New York, New York 10007
Fitch Investors Service
Governmental Finance
Attention: Claire G. Cohen
One State Street Plaza
New York, New York 10004
Not applicable to cities and towns. (Section 15.1-22Z41, Code of Virginia)
F: \SHARED\DEBT\VPSA\ I SS~JE\96B~APNX.4. BSA
4 September 16, 1994
[Appropriate Changes Will Need to
be Made for Cities and Towns]
APPENDIX B
to the Bond Sale Agreement
Resolution No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$ GENERAL OBLIGATION SCHOOL BONDS
OF THE COUNTY OF , VIRGINIA, SERIES 1994 __,,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on ., 199__, the Commonwealth of Virginia Board of
Education (the "Board of Education") placed the application (the "Application") of the
School Board of County, Virginia (the "School Board"), for a loan of
$ (the "Literary Fund Loan") from the Literary Fund, a permanem trust fund
established by the Constitution of Virginia (the "Literary Fund"), for the construction,
renovation and expansion of school buildings (the "Project") in County, Vir~nia
(the "County"), 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 construction
or renovation of the Project progressed, in exchange for temporary notes from the School
Board to the Literary Fund (the '"remporary 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 ~ percent
%) per annum and mature in annual installments for a period of twenty (20) years;
F:\SHAR. ED\DEBT~VPSA\ISSUE\94B~,PNXB94B.sub B-1 September 14, 1994
WHEREAS, in connection with the 1994 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 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 Board of Supewisors (the "Board") of the County of ,
Virginia (the "County"), has determined that it is necessary and expedient to borrow not to
exceed $ and to issue its general obligation school bonds, for the purpose of
financing certain capital projects for school purposes; and
WHE~, the County [held/will hold] a public hearing, duly noticed, on
,1994, on the issuance of the Bonds (as defined below) in accordance with the
requirements of Section 15.1-227.8.A, Code of Virginia 1950, as amended (the "Vir~nia
Code"); and!
WHEREAS, the School Board of the County has, by resolution, requested the Board
to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the
issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF , VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board 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 $ (the "Bonds") for the purpose of
financing certain capital projects for school purposes. The Board 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 County to
accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the
County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to
this Resolution. The Chairman of the Board, the County [Administrator/Manager], and
such officer or officers of the County as either may designate are hereby authorized and
directed to enter into a Bond Sale Agreement dated as of October 18, 1994, with the VPSA
~ Omit and substitute appropriate recitative paragraph if bonds are approved at
referendum.
F:\SHARED\DEBT~VPSA\ISSUE\94B\APNXB94B.aub B-2 September 14, 1994
providing for the sale of the Bonds to the VPSA in substantially the form submitted to the
Board 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 1994 __"; shall bear interest from the date of delivery
thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1995 (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 amotmts 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 County [Administrator/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 eight percem (8%) per annum. The Interest
Payment Dates and the Principal Installments are subject to change at the request of the
VPSA. The County [Administrator/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 Bond$. For as long as the VPSA is the registered owner of the
Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially
in the form attached hereto as Exhibit A.
6. Payment: Paving Agent lind Bond Resstrar. 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 Paymem 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.
F:\SHARED\DEB~VPSA\ISSUE~949\APNXB94B.sub B-3 September 14, 1994
(c) ,
Paying Agent for the Bonds.
, Virginia, is designated as Bond Registrar and
7. No Redemption or lh'enavment. The Principal Installments of the Bonds shall not
be subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of
the County, not to refund or refinance the Bonds without first obtaining the written consent
of the VPSA or the registered owner of the Bonds.
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any
Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds
and to affix the seal of the County thereto.
9. Pled~ 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 County 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 County 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 County to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of
the Board, the County [Administrator/Manager] and such officer or officers of the County
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
Board covenants on behalf of the County 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 County shall comply with the other
covenants and representations contained therein and (ii) the County 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~ Program: Proceeds _Agreement. The Board hereby
determines that it is in the best interests of the County to authorize and direct the County
[Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in
connection with the Bonds. The Chairman of the Board, the County
[Administrator/Manager] and such officer or officers of the County as either may designate
are hereby authorized and directed to execute and deliver a Proceeds Agreement with
F:\SHARED\DEBT~VPSA\ISSUE\94B\APNXI~4B.sub B-4 September 14, 1994
respect to the deposit and investment of proceeds of the Bonds by and among the County,
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 Board at this meeting, which
form is hereby approved.
12. Filing of Resolution. The appropriate officers or agents of the County are
hereby authorized and directed to cause a certified copy of this Resolution to be filed with
the Circuit Court of the County.
13. Further Actions. The members of the Board and all officers, employees and
agents of the County 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.
14. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of ,
Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the Board of Supervisors held on , 1994, and of the
whole thereof so far as applicable to the matters referred to in such extract. I hereby
further certdy that such meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present.
F:\SHARED\DEBT~VPSA\ISSUE\94B\APNXB94B.sub B-5 September 14, 1~94
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
, Virginia, this day of ,1994.
Clerk, Board of Supervisors of
the County of , Virginia
[SEAL]
F:\SHARED\DEI~VPSA\ISSUI~94B\APNXl~4Baub B-6 :S~ptember 14, 1994
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF
General Obligation School Bond
Series 1994 [ "]
The COUNTY OF , VIRGINIA (the "County"), 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 amoums set forth on Schedule I attached hereto payable on July
15, 1995 and annually on July 15 thereafter to and including July 15, 2014 (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, 1995 (each an "Interest Payment Date"; together with any Principal Payment Date,
a "Paymem 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.
Letter designation.
r:\s~,~gei~\vr.~r~vP~\~ssu~94s\~a~4n_~o A-1 Septcm~:r 14, 1994
For as long as the Virginia Public School Authority is the registered owner of this
Bond, , 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 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 County 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 County 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 Board of Supervisors authorizing the issuance of the Bonds provides, and Section
15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied
and collected an annual tax upon all taxable property in the County 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
F:\SHARED\DEHI~VPSA\ISSUE\94B~NXB94B.sub A-2 S~tember 14, 1994
amount and shall be in addition to all other taxes authorized to be levied in the County to
the extent other funds of the County 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 5.1, Title 15.1, Code of Virginia 1950, as amended, and resolutions duly
adopted by the Board of County Supervisors of the County and the School Board of the
County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost at the office of the Bond Registrar for an
equal aggregate 'principal amount of bonds in definitive form 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, issuable in fully registered form in denominations of
$5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia
Public School Authority, the County shall deliver, at its expense, this Bond in marketable
form, in exchange for the temporary typewritten Bond.
This Bond is registered in the name of the Virginia Public School Authority on the
books of the County 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.
F:\SHARED\DEBT~VPSA\ISSUE\94B\APNXB94B.sub A-3 September 14, 1994
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 County,
is within every debt and other limit prescribed by the Constitution and laws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of
has caused this Bond to be issued in the name of the County of , Virginia~ to
be signed by its Chairman or Vice-Chairman, 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
,1994.
COUNTY OF
VIRGINIA
(SEAL)
ATFEST:
Clerk, Board of
Supervisors of the County of
, virginia
Chairman, Board of
Supervisors of the County of
, Virginia
F:\SHARED\DEBT~VPSA\ISSUE~94B\APNXB94B.sub A-4 September 14, 1994
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 a member firm of
the New York Stock Exchange or
a commercial bank or trust
company.)
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.)
F:\SHARED\DEB~\I~UE\~B\~B.sub A-5 September 14, 1994
[Appropriate Changes Will Need to
be Made for Cities and Towns]
APPENDIX B
to the Bond Sale Agreement
Resolution No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$ GENERAL OBLIGATION SCHOOL BONDS
OF THE COUNTY OF ., VIRGINIA, SERIES 1994 ,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the Board of Supervisors (the "Board") of the County of ,
Virginia (the "County"), has determined that it is necessary and expedient to borrow not to
exceed $ and to issue its general obligation school bonds for the purpose of
financing certain capital projects for school purposes; and
WHEREAS, the County [held/will hold] a public heating, duly noticed, on
,1994, on the issuance of the Bonds (as defined below) in accordance with the
requirements of Section 15.1-227.8.A, Code of Virginia 1950, as amended (the "Virginia
Code"); and~
WHEREAS, the School Board of the County has, by resolution, requested the Board
to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the
issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF , VIRGINIA:
1. A#thorization of Bonds and Use of Proceeds. The Board 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 $ (the "Bonds") for the purpose of
financing certain capital projects for school purposes. The Board hereby authorizes the
~ Omit and substitUte appropriate recitative paragraph if bonds are approved at
referendum.
F:\SHARED\DEffI~VPSA\ISSUE~94B\APNXB94B.BSA B-1 Septeml~r 15, 1994
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 County to
accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the
County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to
this Resolution. The Chairman of the Board, the County [Administrator/Manager], and
such officer or officers of the County as either may designate are hereby authorized and
directed to enter into a Bond Sale Agreement dated as of October 18, 1994, with the VPSA
providing for the sale of the Bonds to the VPSA in substantially the form submitted to the
Board at this meeting, which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bond,. The Bonds shall be issuable in fully registered form in
denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance
and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series
1994 "; shall bear interest from the date of delivery thereof payable semi-annually on
each January 15 and July 15 beginning July 15, 1995 (eac.h 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 Princinal Installments. The County [Administrator/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 eight percent (8%) per annum. The Interest
Payment Dates and the Principal Installments are subject to change at the request of the
VPSA. The County [Administrator/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 0f the Bond,. For as long as the VPSA is the registered owner of the
Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially
in the form attached hereto as Exhibit A. On twenty (20) days written notice from the
VPSA, the County shall deliver, at its expense, the Bonds in marketable form in
denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in
exchange for the temporary typewritten Bond.
F:\SHARED(DEBT~VPSA\ISSUE\94B\APNXB94B.BSA B-2 September 15, 1994
6. Pa_!anent: Pa_ring Agent and Bond Re~strar. The following provisions shall apply
to the Bonds:
(a) For as long as the VI'SA 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.
(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) ,
Paying Agent for the Bonds.
, Virginia, is designated as Bond Registrar and
7. Prepayment or Redemntion. The Principal Installments of the Bonds held by the
VPSA coming due 'on or before July 15, 2005, and the definitive Bonds for which the Bonds
held by the VPSA may be exchanged that mature on or before July 15, 2005, 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, 2005, and the definitive bonds for
which the Bonds held by the VI>SA may be exchanged that mature after July 15, 2005, are
subject to prepayment or redemption at the option of the County prior to their stated
maturities in whole or in part, on any date on or after July 15, 2005, 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, 2005 to July 14, 2006, inclusive ............................... 103%
July 15, 2006 to July 14, 2007, inclusive ............................... 102
July 15, 2007 to July 14, 2008, inclusive ............................... 101
July 15, 2008 and thereafter ................................................... 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 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.
F:\SHARED\DF_,B~VPSA\ISSUE~94B\APNXB94B.BSA B-3 September ~, 1994
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any
Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds
and to affix the seal of the County 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 County 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 County 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 County to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
10. Use of Pro~d$ Ccrtificat~ and Certificate as to Arbitrage. The Chairman of the
Board, the County [Administrator/Manager] and such officer or officers of the County as
either may designate are hereby authorized and direct6d 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 Board covenants on behalf
of the County 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 County shall comply with the other covenants and representations
contained therein and (ii) the County 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 Pro_re'am; Proceeds _Agreement. The Board hereby
determines that it is in the best interests of the County to authorize and direct the County
[Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in
connection with the Bonds. The Chairman of the Board, the County
[Administrator/Manager] and such officer or officers of the County 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 County,
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 Board at this meeting, which
form is hereby approved.
12. Filing of Resolution. The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the
Circuit Court of the County.
F:\SHA~D\D~~\I~UE\~B\~B.~ B-4 .%ptcmber 15, 1994
13. Further Actions. The members of the Board and all officers, employees and agents
of the County 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.
14. ~. This Resolution shall take effect immediately.
Ig 81 Ill
The undersigned Clerk of the Board of Supervisors of the County of ,
Virginia, hereby certifies that the foregoing constitutes a true and correct extract from th~
minutes of a meeting of the Board of Supervisors held on , 1994, and of the
whole thereof so far as applicable to the matters referred to in such extract. I hereby
further certify that such meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present.
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
, Virginia, this day of ,1994.
Clerk, Board of Supervisors of
the County of , Virginia
[SEAL]
F:\SHARED\DEB, rkVPSA\iSSUE~94B\APNXB94B.BSA B-5 September 15, 199~
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF
General Obligation School Bond
Series 1994 [ "]
The COUNTY OF , VIRGINIA (the "County"), 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, 1995 and annually on July 15 thereafter to and including July 15, 2014 (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, 1995 (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.
Letter designation.
F:\SHARED\ DEBT~VPSA\ISSUE\94B\APNXB94B.BSA A- 1 September
For as long as the Virginia Public School Authority is the registered owner of this
Bond, , 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 Vir~nia Public School Authority, in immediately available funds at or before
11:00 a.m. on 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 County 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 County 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 Board of Supervisors authorizing the issuance of the Bonds provides, and Section
15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied
and collected an annual tax upon all taxable property in the County 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
F:\SHAR. ED\DEi~Vi~aA\iSSUE\~4B\APNXB94B.BSA A~-2 September
amount and shall be in addition to all other taxes authorized to be levied in the County to
the extent other funds of the County 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 5.1, Title 15.1, Code of Virginia 1950, as amended, and resolutions duly
adopted by the Board of County Supervisors of the County and the School Board of the
County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost at the office of the Bond Registrar for an
equal aggregate principal amount of bonds in definitive form 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, issuable in fully registered form in denominations of
$5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia
Public School Authority, the County shall deliver, at its expense, this Bond in marketable
form, in exchange for the temporary typewritten Bond.
This Bond is registered in the name of the Virginia Public School Authority on the
books of the County 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.
F:\SHARED\DEBT~VPSA\ISSUE\94B\APNXB94B.BSA A°3 September 15, 1994
The principal installments of this Bond coming due on or before July 15, 2005 and
the definitive Bonds for which this Bond may be exchanged that mature on or before July
15, 2005, axe not subject to prepayment or redemption prior to their stated maturities. The
principal installments of this Bond coming due after July 15, 2005, and the definitive Bonds
for which this Bond may be exchanged that mature after July 15, 2005, are subject to
prepayment or redemption at the option of the County prior to their stated maturities in
whole or in part, on any date on or after July 15, 2005, 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, 2005 to July 14, 2006, inclusive .............................. 103%
July 15, 2006 to July 14, 2007, inclusive .............................. 102
July 15, 200'/to July 14, 2008, inclusive .............................. 101
July 15, 2008 and thereafter .................................................. 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 County,
F:\SHARED\DEB~VPSA\IS~Ul~94B\APNXB94B.BSA A4 September 15, 1994
is within every debt and other limit prescribed by the Constitution and laws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of'
has caused this Bond to be issued in the name of the County of , Virginia, to
be signed by its Chairman or Vice-Chairman, 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
; 1994.
COUNTY OF
VIRGINIA
(SEAL)
ATFEST:
Clerk, Board of
Supervisors of the County of
, Virginia
Chairman, Board of
Supervisors of the County of
, Virginia
F:\SHARED\DEB'r~VPSA\ISSUL~94B\APNXB94B.BSA A-5 September 15, 1994
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PI .EASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
PI .EASE 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 a member firm of
the New York Stock Exchange or
a commercial bank or trust
company.)
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.)
F:\SHARED\DEBT~VPSA\ISSUE~4B\APNXB94B.BSA A-6 September L~, 1994
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
In connection with the issuance by [Name of Local Unit] (the "Issuer") of its
$ General Obligation School Bonds, Series 1994__ (the "Bonds"), which
will be purchased by the Virginia Public School Authority CVPSA") from the proceeds of
the VPSA's $ School Financing Bonds (1991 Resolution), Series 1994 B
(the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of October 18, 1994,
the Issuer recognizes 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 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 hereby covenants that:
Section 1. Description of Pro_iect. 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 Pro~;~¢ds. The Issuer covenants the following
with respect to the use of proceeds of the Bonds and the facilities financed therewith:
(a) In General. No more than ten percent (10%) of the proceeds of the
Bonds or the Project (based on the greatest of: 1) the cost allocated on the basis of
space occupied, 2) the fair market value, or 3) 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
l(d) of this Section 2). 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, (i) secured by (A) any
interest in property used or to be used for a Private Use or (B) payments in respect
of such property or (ii) 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 that is either not related or disproportionate to governmental use
financed with proceeds of the Bonds (if any), no more than five percent (5%) 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, (i) secured
by (A) any interest in property used or to be used for a Private Use or (B) payments
in respect of such property or (ii) derived from payments in respect of property used
or to be used for a Private Use.
(c) NO Privat~ Loan Fin~tncin~. 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) Definii[ion 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 governmental entities. The leasing of property
financed with proceeds of the Bonds or the access of a person or entity other than
a governmental unit to property or services on a basis other than as a member of the
general public shall constitute a Private Use unless the Issuer obtains an opinion of
Bond Counsel to the contrary.
(e) Management and Service Contracts. With respect to service or
management contracts, the determination of whether a particular use constitutes
Private Use under this Certificate shall be determined on the basis of applying
Revenue Procedure 93-19, 1993-11 I.R.B. 52 (Feb. 25, 1993), or if applicable,
Revenue Procedure 82-14, 1982-1 C.B. 459, as modified by Section 1301(e) of the
Tax Reform Act of 1986. As of the date hereof, no portion of the proceeds derived
from the sale of the Bonds is being used to finance property subject to contracts or
other arrangements with persons or entities engaged in trade or business (other than
governmental units) that involve the management of property or the provision of
services with respect to property financed with proceeds of the Bonds that do not
comply with the standards of Revenue Procedure 93-19.
Section 3. Time Test and Due Dilieence Test. The Issuer has 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 a related party, to third parties
to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer will
proceed with due diligence to spend all of the proceeds of the Bonds within three years of
the date hereof.
Section 4. No Sinkim, or Pledee Funds. The Issuer has not 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 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 ff the Issuer encounters financial difficulty.
Section 5. 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 thi~ 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.
F:\SHARED\DEB'I~VPSA\ISSUI~94b\APNXC94b.BSA - September 14, 1994
C-2
Section 6. 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.
Section 7. 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.
Section 8. No Federal Guarantee. The Issuer 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 Issuer has 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 9. No Hedge Bonds. The Issuer reasonably expects 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 Non-purpose 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 10. No Overissuance. The total proceeds derived by the Issuer fi.om the
sale of the Bonds and anticipated investment earnings thereon do not exceed the total of
the amounts necessary for the Project.
Section 11. Reimbursable Expcn~e~. 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
F:\SHARED\DEBT~VPSA\ISSUE\94b\APNXC94b. BSA -September 14, 1994
C-3
prior to __, 199_, which is the date the Issuer adopted its "official
iment" 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 comradict or otherwise be inconsistent with such intent.
(b) Reasonable Official Intent. As of the date of the Official Intent
Declaration, the 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, or (ii) eighteen (18)
months after the date on which the portion of the Project to which such expenditure
relates was abandoned or placed in service within the meaning of Section 1.103-8 (a)
(5) (ii) of the Treasury Regulations. In no event may the allocation of Bond
proceeds be applied 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, nom'ecurring 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
- S~ptcmber 14, 1994
F:\SHARED\D El~VPSA\ISSUE~94b\APNXC94b. BSA
C-4
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 mounts 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.
Date: ,1994
[Name of Local Issuer]
By:
Name:
Title:
F:\SHARED\DEBT~V'PSA\ISSUE\94b\APNXC94b.BSA September 14, 1994
C-5
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 OF/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(0(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 Gary
Ometer, Debt Manager, Virginia Public School Authority, P. O. Box 1879, Richmond,
Virginia 23215-1879, for receipt no later than October 18, 1994, with a copy to your bond
counsel.
Briefly describe the project (the "Project") to be financed with the proceeds of the
Bonds.
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)
(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.
o
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 Propert~
(f) Reconstruction of Real Property4
(g) Rehabilitation of Real Property~
(h) Construction of Tangible
Personal Propert~
(i) Specially developed computer
software7
(j) Interest on the Bonds during
Construction
(k) Other (please specify).
(1) Total $
(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 Sec the Endnotes on pages D-7 and D-8.
F: \SHARED \DEBT \VPSA\ I SSUE\94B\APNXD96B. BSA
Septeat~r 14, 1996 D-2
(a)
(b)
(c)
(d)
Have you borrowed, directly or indirectly, (such as through an industrial
development authority) any money, either through a tax-exempt bank loan, a
bond ao. ticipation note, any tax-exempt or taxable obligation or otherwise (a
"loan"), to pay for the Project costs?
Yes No
Do you intend to use the proceeds of the Bonds to refinance or repay any
loan used to finance the Project costs?
Yes No
If the answer to Question 5(b) is "Yes", please indicate the following:
(i)
(ii)
(iii)
(iv)
(v)
Amount of loan:
Date of loam
Maturity date of loan:
Interest rate of loan:.
Name of lender:
ff 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
(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
F: \SHARED\DEBT\VPSA\ I $$UE\9&B\APNXD94B. BSA
September ,1/+, 1994 D-3
(b)
If the answer to 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)
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(1).
Yes No
If the answer to Question 7 is "Yes", answer Question 8 and skip Question 9.
If the answer to Question 7 is "No", skip Question 8 and answer Question 9.
(a)
Assuming the Bonds are delivered on November 22, 1994 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 22, 1994 to May 22, 1995
From May 23, 1995 to November 22, 1995
From November 23, 1995 to May 22, 1996
From May 23, 1996 to November 22, 1996
$ 8
Total9 $
(b)
If you expect to be unable to spend 100% of Available Construction Proceeds
by November 22, 1996, do you expect to be able to spend 100% of Available
Construction Proceeds by November 22, 19977
Yes No
8-9 S¢~ thc Endnotcs on page D-8.
F: \SHARED\DEBT\VPSA\ I SSUE\9&B\AP#XD9&B. BSA
Septemlaer 16, 1996 D4
e
For purposes of this Question 9, assume that the Bonds are delivered on November
22, 1994 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 22, 19957
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 22,
19957
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 22, 19957
Yes No
(d)
(i) Does the City/County expect to expend and disburse the amount shown
in question 4(1) by November 22, 19967
Yes No
(ii) Assuming that the Bonds are delivered on November 22, 1994, 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 22, 1994 to May 22, 1995 $ ~0
From May 23, 1995 to November 22, 1995 $
From November 23, 1995 to May 22, 1996 $
From May 23, 1996 to November 22, 1996 $
Total $
10 Sec thc Endnotcs on page D-8.
F: \$ HARED\DEBT\VPSA\ i SSUE\96B\AP#XDg&B · BSA
Septemlaer 1~, 1996 D-5
10. The sum of the mounts set forth in Questions 2(a) and 2(b) equals $ (the "gross
proceeds"). Assuming that the Bonds are delivered on November 22, 1994 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 22, 1994 to May 22, 1995 $
From May 23, 1995 to November 22, 1995 $
From November 23, 1995 to May 22, 1996 $
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 (1991 Resolutibn), Series 1994 B. I hereby certify that
I am familiar with 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 22, 1994 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.
P: \SHARED .~DEBT\VPSA\! SSUE\9/,B\APNXD9&B.BSA
September V,, 199& D-6
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 ff 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%
F: \SHARED\DEBT\VPSA\ ! SSUE\9&B~AP#XD9&B. BSA
September 1~, 199& D-7
e
of the capitalizable cost is attributable to property acquired by the Issuer (e.g.,
components, raw materials and other supplies).
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 22, 1994 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 22, 1994 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.
F: \SHARED\DEBT\VPSA\ [ SSUE\94B~AP#XDg~B. EISA
September l&, 199/~ D-8
APPENDIX E to the
Bond Sale Agreement
RESOLUTION REQUESTING THE BOARD OF
SUPERVISORS TO ISSUE GENERAL
OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE
ISSUANCE THEREOF
BE IT RESOLVED:
1. The School Board of the County of hereby (i) requests,
pursuant to Section 15.1-227.41 of the Code of Virginia, 1950, as amended (the "Code"), that
the Board of Supervisors of the County of 'issue its general obligation school
bonds in an aggregate principal amount not to exceed $ (the "Bonds") for the
purpose of financing certain capital projects for school purposes and (ii) consents, pursuant
to Section 15.1-227.39.B of the Code and Article VII, Section 10(b) of the Constitution of
Virginia, to the issuance of the Bonds.
2. This resolution shall take effect immediately.
F:\SHARED\DEBT~VPSA\ISSUE\9&B~AP#XE9&B.BSA September 14, 199~
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 (1991 Resolution)
Series 1994 B
Dated November 22, 1994
Among
Virginia Public School Authority
Central Fidelity National Bank
(as Depository of the State Non-Arbitrage Program)
Commonwealth Investment Counsel, Inc.
(as Investment Manager to the State Non-Arbitrage Program)
and
Albemarle County
Bedford County
Brumwick County
Caroline County
Charlotte County
Chesapeake, City of
Halifax County
Hanover County
Highland County
King & Queen County
Lynchburg, City of
Mathews County
New Kent County
Patrick County
Powhatan County
Roanoke, City of
Roanoke County
Southampton County
Spotsylvania County
Stafford County
Washington County
BWNY/100428.1118580/00006/1890 S~-pt~mber 26, 1994
TABLE OF CONTENTS
Section 1. Recitals .......................................... 1
Section 2. Def'mitions ........................................ 3
Section 3. Disposition of VPSA Bond Proceeds ........................ 9
- 'section 4.
Section ~.
Section 6.
Section 7.
Establishment of Accounts .............................. 10
Disposition of Local School Bond Proceeds .................... 10
Investment of Principal Subaccount ........................ 11
Disbursements from Principal Subaccount .................... 11
Section $. Investment of Income Subaccount .........................
Section 9. Income Subaccount ...................................
Section 10. Investment Losses ...................................
Section 11. Rebate Computations .................................
Section 12. Transfers to Income Subaccount ..........................
Section 13. Disposition of Excess Proceeds ...........................
Section 14. Rebate Payments and Penalty Payments .....................
Duties of VPSA ....................................
Duties of the Depository ...............................
Duties of Lomi Units .................................
Responsibilities of the Investment Manager ...................
Section 1~.
Section 16.
Section 17.
Section 18.
Section 19.
11
12
14
15
16
17
18
19
20
20
21
21
BWNYIIO0428.1/18580/O0006/1890 $epmmber 26, 1994 i
Section 20. Opinions of Counsel ................................. 22
Section 21. Amendment ....................................... 22
Section 22. Notices .......................................... 22
Section 23. No Third Party Beneficiaries ............................ 24
Section 24. Severability ....................................... 24
Section 25. No Personal Liability ................................. 25
Section 26. Applicable Law .................................... 25
Section 27. Counterparts ...................................... 25
Section 28. Effective Date; Term .............. .' .................. 26
Exhibit A ................................................ A-1
Exhibit B ................................................ B-1
Exhibit C ................................................ C-1
Exhibit D ................................................ D-1
BWNY/100428.1/18580/00006/1890 September 26, 1994
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 (1991 Resolution)
Series 1994 B
This PROCEEDS AGREEMENT, dated November 22, 1994 (this "Agreement"), is
among the Virginia Public School Authority, a public body corporate and a political
subdivision and instrumentality of the Commonwealth of Virginia ('VPSA'), the 18 counties
and 3 cities that are signatories to this Agreement (collectiv. ely, the "Local Units", and each a
'Local Unit'), Central Fidelity National Bank, a banking institution organized under the laws
of the United States of America and having its principal office in Richmond, Virginia, in its
capacity as the depository for the State Non-Arbitrage Program (the 'Depository"), and
Commonwealth Investment Counsel, Inc., a corporation organized under the laws of Virginia
and having an office in Richmond, Virginia, in its capacity as the investment manager of the
State Non-Arbitrage Program (the 'Investment Manager"). 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 18, 1994, 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.
BWNYIIO0428.111858010000611890 September 26, 1994
Co) On November _, 1994, 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 the proceeds of the sale of VPSA's
Bonds, together with other available money, to the purchase of the Local School Bonds on the
Local School Bonds Closing Date. VPSA will apply the balance of the proceeds of the sale of
VPSA's Bonds to fund the 1991 Debt Service Reserve Account and to pay 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
BWNY/100428.1/18580/00006/1890 September 26, 1994 2
affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum, prac-
tic, able income by the professional management of the investment and reinvestment of the pro-
ceeds 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 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) to
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. Def'mitiom.
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 22, 1994, among the Authority, the Local Units, the Depository and the Investment
Manager.
BWNY/IO0428.1/18580/O0006/1890 September 26, 1994 3
'Authorized Representative' shall mean, as applied to VPSA, the Depository, 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
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' shall mean the Bond Sale Agreement, dated as of October
18, 1994, between VI>SA 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.
BWNY/100428.1118580/0000611890 September 26, 1994 4
'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)(B)(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 22, 1994.
'Code' shall mean the Internal Revenue Code of 1986, as amended.
"Computation Dam' shall mean each of the Installment Computation Dams and
the Final Computation Dam.
'Contract' shall mean the Contract, dated May 1, 1994, as amended, between the
Treasury Board of the Commonwealth of Virginia and the Investment Manager, including the
Depository Agreement appearing as Appendix A thereto.
'Depository" shall mean Central Fidelity National Bank, a banking institution
organized under the laws of the United States of America and having its principal office in
Richmond, Virginia, in its capacity as the Depository for SNAP.
'Eight~n-Month Exception' shall mean the exertion to the Rebate Requirement
provided by Treasury Regulation Section 1.148-7(d).
"Final Computation Date" shall mean the dam the last bond that is pan of the
issue of VPSA's Bonds is discharged.
"Gross Proceeds" shall have the meaning given to such term in the Letter
Agreement.
BWNYIIOO428.1/18580/GG(X)6/1890 5ept~mb4r 26, 1994
"Income Subaccount" shall mean the Income Subaccount established pursuant to
Section 4 of this Proceeds Agreement for each Local Unit.
"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. November 1, 1999, and each fifth
(Sth) anniversary date thereafter.
"Investment Manager" shall mean Commonwealth Investment Counsel, Inc., 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.
BWNY/100428.1/18580/00006/1890 September 26, 1994 6
'Local Unit' or 'Local Units' shall have the meaning accorded to such term by
Section l(a) 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.
"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 the Principal Subaccount established pursuant
to Section 4 of this Proceeds Agreement for each Local Unit.
"Purchaser" shall mean the bidder offering to pay the lowest 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.
BWNY/IO0428.111858010000611890 September 26, 1994
"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.
'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.
"Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month
Exception and the Two-Year Exception, collectively.
"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.
"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 a political subdivision and instrumentality of the Commonwealth of Virginia.
BWNY/IO0428.1/18580/O000611890 September 26, 1994
'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 (1991 Resolution) Series 1994 B.
"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 thc 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 the Depository 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
BWNYIIO0428.111858010000611890 September 26, 1994 9
provisions of this Agreement and the Information Statement, the provisions of this Agreement
shall control.
Section 4. Establishment of Accounts.
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 1994 B Issue
Principal Subaccount
Income Subaccount
If a Local Unit has elected to treat a portion Qf its Local School Bonds issue used
for construction asa 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, immediately upon the receipt of the aggregate
proceeds of the Local School Bonds, allocate such proceeds on the Closing Date to the Local
Units, 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 Sub'account of the Local Unit.
BWNYIIO0428.111858010000611890 $cp~mber 26, 1994 l0
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 Principal Subaccount.
Section 7. Disbursements from Principal Subaccount.
Beginning on the 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 Subaeeount.
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
BWNY/100428.1/18580/00006/1890 September 26, 1994 11
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 mount not in
excess of the amount then to the credit of its Income Suhaccount 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.
(i)
In order to qualify for the Small-Issuer Exception, the Local Unit must
deliver to VPSA no later than (A) 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 (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.
(ii) 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
BWNYIIOO428.111858010(KI~II890 September 26, 1994 12
Closing Date, (B) twelve (12) months from the Closing Date, and (C) eighteen (18)
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 Closing Date to earn.
(iii) 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 $ubaccount of such Local Unit (A) six (6) months from the Closing Date,
(B) twelve (12) months from the Closing Date, (C) eighteen (18) months from the
Closing Date, and (D) twenty-four (24) 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
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
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
BWNY/100428.1/18~80/00006/1890 September 26, 1994 13
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 Unit's Rebate Requirement made by the Investment Manager shall 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 Interest Suhaccount and the Principal Subaccount of
a Local Unit as follows:
(i) losses on moneys to the credit of the Principal Subaccount shall be
charged thereto; and
(ii) losses on moneys to the credit of the Income Subaccount shall be
charged first to the Principal Subaccount and then to the Income Subaccount.
BWNY/100428.1/18580/00006/1800 September 26, 1004 14
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.
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 Unit
Rebate Requirement determined by multiplying the Aggregate Local Unit 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(f) 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
BWNY/100428.1/18580/00006/1890 September 26, 1994
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 Subaecount.
(a) 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
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 the Depository, 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 Subac¢ount of the Local Unit.
BWNY/100~28.1 / 18580/00006/1890 Scpt~ml)¢r 2~, 1994 1 ~
Section 13. Disposition of Excess Proceeds.
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 22, 1997, 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 following
sentence, direct the Depository 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
or to pay a portion of the annual principal due on such Local Unit's Local School Bonds (a) in
the years before such Bonds are callable, (b) in years when such Local School Bonds are callable
but only in an amount in excess of the unexpended Local School Bond proceeds, or (c) in years
when such Bonds are callable but a call premium or penalty is required. The portion of the
annual principal payment due on the Local Unit's Local School Bonds that may be paid from
the unexpended Local School Bond proceeds is an amount equal to the annual principal payment
due multiplied by a fraction, the numerator of which is equal to the unexpended Local School
Bond proceeds of such Local Unit and the denominator of which is equal to the face amount of
such Local Unit's Local School Bonds. VPSA will notify the Local Unit of the amount of such
credit. 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 Available Construction
BWNY/10042~.I/18580/00006/1890 S~pt~mb~r 26, 1994 ' 17
Proceeds to be applied to the redemption of its Local School Bonds and the date of such
redemption, VPSA will direct the Depository to apply such amount toward the redemption of
such Local Unit's Local School Bonds on the date indicated. In either event, pending such
application and credit, such excess proceeds will be invested by the Investment Manager in an
Individual Portfolio at a Yield not in excess of the VPSA's Bond Yield.
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 VPSA on behalf of and for the accounts of the Local
Unit and VPSA in accordance with the Letter Agreement.
Co) 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, upon receipt of the certification by the Investment Manager required
by Section 9(a)(iii) and prior to any further disbursements from the Principal Subaccount or
Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the
BWNY/100428.1/18580/00006/1890 September 26, 1994 18
Information Statement, a computation of the amount of the Penalty that must be paid to the
United States Treasury pursuant to the Penalty Election.
If the amount on deposit in the Local Unit's Income Subaccount and Principal
Subaecount 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 the Depository, 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 late~ 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 carry 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
BWNY/100428.1/18580/00006/1890 September 26, 1994 19
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.
Section 16. Duties of the Depository.
The Depository 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
the Depository 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 VPSA'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.
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
BWNY/100428.1/18~80/00006/1890 September 26, 1994 20
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.
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 two (2) 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
BWNY/100428.1/18580/00006/1890 September 26, 1994 21
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 VPSA's Bonds shall remain excludable from gross income for federal income tax purposes
to the same extent it was, in the opinion of such counsel, so excludable on the Closing Date.
VPSA 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
BWNY/100428.1/18580/00006/1890 Scpmmber 26, 1994 22
teleeopied during regular business hours or three (3) days after the date of postmark if mailed,
first class mail, postage prepaid, as follows:
if to VPSA, to
Virginia Public School Authority
c/o State Treasurer
3rd Floor, James Monroe Building
101 North 14th Street
Richmond, Virginia 23219
by mail Post Office Box 1879
Richmond, Virginia 23215-1879
by telecopier (804) 225-3187
Director, Debt Management
by hand
in any case Attention:
if to the Depository, to
by hand
by mail
by telecopier
in any case
if to the Investment Manager, to
by hand
Central Fidelity National Bank
1021 East Cary Street
Richmond, Virginia 23219
Post Office Box 27602
Richmond, Virginia 23261
(804) 697-7173
Attention: Anthony J. Conte
Commonwealth Investment Counsel, Inc.
901 Fast Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
BWNY/100428.1/18580/00006/1890 September 26, 1994 23
by mail 901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
by telecopier (804) 782-3629
in any case Attention: Al Samper
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, the Depository 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 and the
Investment Manager.
Section 24. Severability.
In case any 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
BWNY/100428.1 / i 858010000611890 Septamber 26, 1994 24
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
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.
BWNY/100428.1118580/00006/1890 ~-ptmnb~r 26, 1994 25
Section 28. Effective Date; Term.
This Agreement shall take effect on the Closing Date and shall expire on the later
of forty-two (42) months after such Date or 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: Gary Ometer
Title: Assistant Secretary and
Assistant Treasurer
Central Fidelity National Bank
By:
Name: Anthony J. Conte
Title: Vice President
Commonwealth Investment Counsel, Inc.
By:.
Name: A1 Samper
Title: Program Administrator
BWNY/IO0428.1/18580/O0006/1890 September 26, 1994 26
Name of Issuer:
Page 1 of 2
Estimated Investment Earnings for purposes of the Eighteen-Month Exception: $
Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section 22
above:
Authorized Representative(s):
Title S_~ecimen Signature
Local School Bonds Closing Date (if not November 22, 1994, enter Date of Issue of Local
School Bonds):
BWNY/I(X)428.1/18580/00006/1890 ~pt~mber 26, 1994 27
Name of Issuer:
Page 2 of 2
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
2. Estimated Investment Earnings: $
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 of $
reduced by any portion used for refunding purposes):
(a) portion of the issue used for construction: $
Co) 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: $
Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate:
Yes No
City of
By:
Name:
Title:
BWNY ! 100428.1 / 18580/0000611890 September 26, 1994 2 8
Name of Issuer:
Page 1 of 2
Estimated Investment Earnings for purposes of the Eighteen-Month Exception: $
Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section 22
above:
Authorized Representative(s):
Name
Title Specimen Signature
Local School Bonds Closing Date (If not November 22, 1994, enter date of issue of Local
School Bonds):
BWNY/100428.1/18580/00006/1890 September 26, 1994 29
Name of Issuer:
Page 2 of 2
Elections with respect to the Two-Year Exception:
1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-
Year Exception:
Yes No
2. Estimated Investment Earnings: $
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 of $
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: $
Penalty Election to pay One and One-Half Percent Penalty in Lieu of Rebate:
Yes No
County
By:
Name:
Title:
BWNYIlO0428.111858010000611890 September 26, 1994 30
LOCAL SCHOOL BONDS - NON-SUBSIDY
Exhibit A
Princioal Amount of Bonds
Albemarle County
Bedford County
Halifax County
Hanover County
King & Queen County
Mathews County
Patrick County
Powhatan County
Roanoke County
Southampton County
Stafford County
Washington County
Total:
$ 450,000
3,000,000
590,000
5,385,000
1,600,000
6,500,000
450,000
4,000,000
3,200,000
340,000
4,615,000
585.000
~;30.715.000
BWNYIIOO428.1118~8010000611890 September 26, 1994 A-I
LOCAL SCHOOL BONDS - SUBSIDY
III
I II Portion Purchased
Principal With Literary
Amount of Portion Purchased Fund
Local School with Proceeds Contribution
Bonds of VPSA Bonds
Brunswick County
Caroline County
Charlotte County
Chesapeake, City of
Highland County
Lynchburg, City of
New Kent County
Patrick County
Powhatan County
Roanoke, City of
Spotsylvania County
Stafford County
Washington County
Total
$2,500,000
1,065,344
6,000,000
12,572,484
2,200,000
2,725,000
2,080,000
' 1,000,000
5,250,000
4,200,000
7,500,000
3,625,000
205,132
$50,922,960
BWNY/100428.1/18580/00006/1890 Stpttmbtr 26, 1994 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.]
Commonwealth Investment Counsel, Inc.
901 Fa~t Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit]
BOND PROCEEDS ACCOUNT - SERIES 199 ISSUE
Requisition from the Prindpal 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 22,
1994, among the Virginia Public School Authority ('VPSA'), the undersigned (the "Local Unit')
and the other units of local government signatory thereto, Commonwealth Investment Counsel,
Inc, as Investment Manager and Central Fidelity National Bank, as Depository. You are hereby
notified that you are authorized and directed by the l. xw. al Unit to pay the following obligation
from the Principal Subaccount:
1. The item number of such payment:
2. The amount[s] to be paid: $
BWNY/100428.1/18580/00006/1890 Sep~mber 26, 1994 B- 1
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
Local Unit through , 19_ as follows:
School paid by the
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.
Dated
[Name of Local Unit]
By:
Authorized Local Unit
Representative
l~WNY/IO0428.1/18580/O0006/1890 September 26, 1994 B=2
Virginia Public School Authority
101 North 14th Street
Ri~'hmond, Virginia 23219
Exhibit C
LETTER AGREEMENT
November 22, 1994
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 (1991 Resolution)
Series 1994 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 m, 1995 and each December _ 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 4 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
BWNYIlO0428.111858010000611890 Sepwmber 26, 1994 C-1
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 R~uirement.
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 consist of the investments made with
respect to its Proceeds Account. [Insofar as certain Local School Bonds were purchased with
the proceeds of the VPSA's Bonds in the amount of $ and other available money in
the amount of $ , each such Local Unit's Rebate Requirement shall be based only on that
portion of the Local School Bonds that were purchased with the proceeds of the VPSA's Bonds.
Accordingly, the Investment Report for each such Local Unit shall consist of each investment
made by such Local Unit with respect to its Proceeds Account multiplied by a fraction, the
numerator of which is equal to the proceeds derived from the sale of the VPSA's Bonds applied
to purchase such Local School Bonds (as set forth in Exhibit A to the Proceeds Agreement) and
the denominator of which is equal to the principal amount of the Local School Bonds.]
B. Rebate Computation on I.x~cal 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.
BWNY/100428.1/18580/00006/1890 September 26, 1994
C-2
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
certification described in Section 9(a)(7) of the Proceeds Agreement that a Local Unit meets the
requirements of the (a) Six-Month Exception, Co) Eighteen-Month exception, (c) Small Issuer
Exception, or (d) Two-Year Exception, subject to the provisions described below.
(a) Six-Month Excemion. 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 Ixr. al 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.
Co) Eighteen-Month Excer}tion. 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 Excemion. If a Local Unit delivers to VPSA no later than the
end of calendar year 1994 (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 1Jv. ated 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.
BWNY/100428.1/18580/00006/1890 S~pt~mbsr 26, 1994 C=3
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 ~ School
Bonds.
BWIqY/100428.1 / 185801{XXX)611890 Sq~tcmbcr 26, 1994 C -4
C. Aggregate Rebate Computation on Lo~ 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
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 l_xx:al 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 the Depository
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
BWNY/100428.1/18580/00006/1890 S~mmber 26, 1994 C-~
Rebate Certificate attached as an Exhibit to the Certificate as to Arbitrage 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, Virginia
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.
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:
"Available Construction Proceeds" shall have the meaning given to such term in Section
2 of the Proceeds Agreement.
'Bond Resolution' shall mean the resolution of the Authority adopted on June 26, 1991,
as amended and supplemented.
"Closing Date" shall have the meaning given to such term in the Proceeds Agreement.
"Code" shall have the meaning given to such term in the Proceeds Agreement.
"Computation Date' shall have the meaning given to such term in the Proceeds
Agreement.
"Eighteen-Month Exception" shall mean the exception, provided by Section 1.148-7(d)
of the Treasury Regulations, to the rebate requirement imposed by Section 148(0(2) of the Code.
"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
BWNYIiO0428.111858010000611890 Scp~mber 26, 1994 C-6
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
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.
'Final Computation Date' shall have the meaning given to such term in the Proceeds
Agreement.
'Future Value' of a payment or receipt at the end of any period is determined using the
economic accrual method and equalz 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
BWNY/100428.1/18580/00006/1890 September 26, 1994
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 axe reasonably expected to be or axe in fact used to pay
debt service on the Bonds including amounts in the sinking fund portion of the
1991 Income Fund under the Bond Resolution and the 1991 Bond Service
Account under the Bond Resolution;
(d) securities or obligations pledged by the VPSA 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
axe 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;
(g) any funds that axe part of a reserve or replacement fund for the VPSA
Bonds or Local School Bonds, including the Debt Service Reserve Account under
the Bond Resolution; 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 axe 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
BWNYIIO0428.111858010000611890 Scpt~mi~r 26, 1994 C-8
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 mount 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 §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 1991 Income Fund under
the Bond Resolution and the 1991 Bond Service Account and Debt Service Reserve Account
under the Bond Resolution.
"Income Subaccount Set Aside" shall have the meaning given to such term in the
Proceeds Agreement.
"Installment Computation Dates" shall have the meaning given to such term in the
Proceeds Agreement.
"Investment Report" shall mean Investment Report as defined in the Letter of Instructions
to the Investment Manager dated-May 1, 1994.
"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 Applicable Local School Bond Yield 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 1.148-10>) 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.
BWNY/100428.1/18580/00006/1890 $op~mbor 26, 1994
"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(f) of the Code and the Temporary Regulations that has been appointed under Section
9.2 of the Contract or by VPSA.
"Six-Month Exception" shall mean the exception, provided by Section 148(f)(4)(B) of the
Code, to the rebate requirement imposed by Section 148(0(2) of the Code.
"Small Issuer Exception" shall mean the exception, provided by Section 148(f)(4)(D) of
the Code, to the rebate requirement imposed by Section 148(0(2) of the Code.
"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.
"Two-Year Exception" shall mean the exception, provided by Section 148(f)(4)(C) of the
Code, to the rebate requirement imposed by Section 148(f)(2) 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 (B) 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
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
BWNY/IO0428.1/18580/O0006/1890 Sept~mlmr 26, 1994 C. 10
interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and
the Local School Bonds.
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:
Gary Ometer
Assistant Secretary and
Assistant Treasurer
Accepted: COMMONWEALTH INVESTMENT COUNSEL, INC.
By:
Name: Al Samper
Title: Program Administrator
BWNY/100428.1/18580/00006/1890 September 26, 1994
C-11
Exhibit D
AUTHORIZED KEPRESENTATIVES
The following are the Authorized Representatives of Virginia Public School Authority,
Central Fidelity National Bank and Commonwealth Investment Counsel, Inc.
VIRGINIA PUBLIC SCHOOL AUTHORITY:
Name Title Specimen Signature
Gary Ometer
Assistant Secretary
and Assistant Treasurer
CENTRAL FIDELITY NATIONAL BANK:
Name Title
Specimen Signature
Anthony J. Conte
Vice President
COMMONWEALTH INVESTMENT COUNSEL, INC.
Name Title
Al Samper Program
Administrator
S_~cimen Signature
BWNY/100428.1/18580/00006/1890 September 26, 1994 D-1
A regular meeting of the Council of the City of Roanoke,
Virginia (the "Council") was held on October 10, 1994, at which
the members of the Council were present and absent as follows:
David A. Bowers, Mayor
William White, Sr.
Elizabeth Bowles
Mac McCadden
John S. Edwards
Linda F. Wyatt
John H. Parrot
The following resolution was adopted by an affirmative roll call
vote of a majority of all members of the Council, the ayes and
nays being recorded in the minutes of the meeting as shown
below:
David A. Bowers, Mayor
William White, Sr.
Elizabeth Bowles
Mac McCadden
John S. Edwards
Linda F. Wyatt
John H. Parrot
The undersigned Clerk of the Council 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 10, 1994, and of the
whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify that such meeting was a
regularly scheduled meeting and that, during the consideration
of the foregoing resolution, a quorum was present.
WITNESS MY HAND and the seal of the Council of the City of
Roanoke, Virginia, this day of , 1994.
ATTEST:
Clerk, City of Roanoke, Virginia
[ SEaL ]
211900-1.400\4. snc
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 10, 1994
Richard L. Kelley
Assistant Superintendent for
Operations
Roanoke City Public Schools
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Mr. Kelley:
I am enclosing copy of an invoice from the Roanoke Times & World-News for
advertising the notice of public hearing on Sunday, September 25, 1994, and
Sunday, October 2, 1994, in connection with the request of the Roanoke City School
Board on the proposed issuance of bonds by the City of Roanoke to provide funds,
together with other available funds, to finance certain capital projects for school
purposes, in an estimated maximum amount of $4,200,000.00, for improvements and
additions to Virginia Heights Elementary School and Morningside Elementary School.
Please remit your check, made payable to the City of Roanoke, in the amount of
$133.20, to the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday, October 21, 1994.
Sincerely, p~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
'FFI3:¥IT I.jF
9/25/ ~4. SU:iG.3Y
1C/('2/gq. SU~'~O A Y
I T'~: SS,
THIS o~~
~UTHORIZ~D SIGNATURE
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 13, 1994
File #178-200
Neva J. Smith
Executive Director
City of Roanoke Redevelopment
and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Smith:
I am enclosing copy of Resolution No. 32224-101094 approving Amendment No. 3 to
the Redevelopment Plan for the Deanwood Community Development Project.
Resolution No. 32224-101094 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 10, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 10th day of October, 1994.
No. 32224-101094.
A RESOLUTION approving Amendment No. 3 to the Redevelopment
Plan for the Deanwood Community Development Project.
WHEREAS, this Council has previously, by Resolution No. 22659,
adopted January 19, 1976, approved a Redevelopment Plan for the
Deanwood Community Development Project, as amended by Amendment
Nos. 1 and 2, approved on October 22, 1984, by Resolution No.
27271, and August 26, 1985, by Resolution No. 27751, respectively,
which plan enables the City of Roanoke Redevelopment and Housing
Authority to perform certain redevelopment activities within the
Deanwood area; and
WHEREAS, this Council now desires to amend the existing
Redevelopment Plan; and
WHEREAS, Amendment No. 3 to the Redevelopment Plan, as
proposed by the City of Roanoke Redevelopment and Housing
Authority, was approved by the Commissioners of said Authority on
September 6, 1994; and
WHEREAS, the City Manager and the City's Planning Commission
have recommended the approval of Amendment No. 3.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that Amendment No. 3 to the Redevelopment Plan for the
Deanwood Community Development Program Area, including revised
exhibits consisting of a Property Acquisition Map,' RP-1, dated
September, 1994, and a Land Use Map, RP-2, dated September, 1994,
having been duly reviewed and considered, is hereby approved and
the City Clerk is hereby directed to file a copy of such Plan, as
amended, in the records of her office.
ATTEST:
City Clerk.
Roanoke City Planning Commission
October 10, 1994
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Amendment No. 3 - Deanwood Community Development Project
On Wednesday, September 7, 1994, the Roanoke City Planning Commission was briefed
by Mr. H. Wesley White, Jr., Director of Land Planning/Subsidized Housing of the Roanoke
Redevelopment and Housing Authority, on a proposed amendment to the Land Use Map of the
Deanwood Redevelopment Plan CD-2. During his presentation, Mr. White advised the
Commission that the proposed amendment to the plan would accomplish the following:
Bring the Land Use Map into conformity with a request by Mr. Doug Trout to
use his property for an automobile sales and repair establishment.
Revise the I. and Use Map for the area along Orange Avenue from Plantation
Road to Hollins Road to reflect a change from light industrial to commercial.
No one was present to speak in opposition or support of the request.
The Planning staff recommended approval of the proposed amendment. Staff noted that
the proposed amendment to the Land Use Map of the redevelopment plan would be consistent
with the City's comprehensive plan and that the property in question was more suitable for
commercial use than industrial development.
After further consideration of the matter, the Planning Commission voted 5-0 (Messrs.
Bradshaw and Buford absent) to recommend to City Council that the proposed amendments to
the redevelopment plan for Deanwood be approved.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344
CAP:JRM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Director of Development, RRHA
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
Respectfully submitted,
JRM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
RRHA
John R. Marlles, Agent
Roanoke City Planning Commission
CITY OF
ROANOKE REDEVELOPM EB: ,T,:,AND
HOUSING AUTHORITY
2624 SALEM TURNPIKE, N. W.
P.O. BOX 6359
I~OANOKE, VIRGINIA 24017
September 19, 1994
Mayor David A. Bowers
and Members of Council
Municipal Building
215 Church Ave., S.W.
Roanoke, VA 24011
Re: Approval, Amendment No. 3 to the Deanwood Redevelopment Plan, CD-2
Dear Ladies and Gentlemen:
On September 6, 1994, the City of Roanoke Redevelopment and Housing Authority held a
public hearing on Amendment No. 3 to the Deanwood Redevelopment Plan. The Authority's
Board of Commissioners also approved the Amendment to the Plan on September 6, 1994.
' Copies of Amendment No. 3 to the Deanwood Redevelopment Plan and Map Exhibits as
approved by the Authority's Board are attached.
The Plan has been amended for the following reasons:
To change the land use along the northsidc of Orange Avenue (US Route 460
between Plantation Rd.., N.E. and Hollins Rd., N.E.) from Light Industrial to
Highway Commercial. This change is based on thc following considerations:
a0
The proposed commercial use of improved property located in the area is
not allowed by the present Land Use Plan.
bo
Owners of unimproved property in the area feel a commercial use is more
appropriate for the area.
The Authority in consultation with the City's Economic Development and
Planning Departments determined that the development potential for the
area is greater as a Highway Commercial Use than as a Light Industrial
Use.
FAX (703) 983-9229
TELEPHONE (703) 983-9281
Mayor Bowers and Members of Council
September 19, 1994
Page 2
The text of Sections C.2.b. 1 .), C.2.b.2.), C.2.b.3.) and C.2.b.4.) were revised to
bring these regulations and controls in conformance with the City of Roanoke's
Zoning Ordinance.
The Authority respectfully requests that City Council consider and approve Amendment
No. 3 to the Deanwood Redevelopment Plan at its meeting on October 10, 1994.
If members of Council have any questions regarding the plan prior to the meeting, please
do not hesitate to contact us. Members of the Authodty's staff will be available at the meeting to
answer any questions which may arise at that time.
Very truly yours,
Executive Director
NJS/HHW,jr/shs
REDEVELOPMENT PLAN
FOR
DEANWOOD COMMUNITY
DEVELOPMENT PROJECT
AMENDMENT NO. 3
September, 1994
City of Roanoke Redevelopment
and Housing Authority
Do
Eo
Pagc l
DEANWOOD COMMUNITY DEVELOPMENT PROJECT
REDEVELOPMENT PLAN
ROANOKE, VIRGINIA
TABLE OF CONTENTS
Table of Contents ...................................................... I
Description of Project .................................................. 2
1. Boundaries of Redevelopment Area .................................. 2
2. Redevelopment Plan Objectives ..................................... 2
3. Types of Proposed Renewal Actions .................................. 3
Land Use Plan ........................................................ 3
3
1. Land Use Map ..................................................
2. Land Use Provisions and Building Requirements ........................ 3
Project
1.
2.
3.
4.
5.
Proposals ...................................................... 7
Land Acquisition ................................................ 7
8
Rehabilitation and Conservation .....................................
Proposals for Low and Moderate Cost Housing ......................... 8
Redeveloper's Obligations .......................................... 8
Underground Utility Lines ......................................... 9
Other Provisions Necessary to Meet State and Local Requirements ................ 9
1. Conformance to Comprehensive Plan ................................. 9
2. Relationship to Local Objectives ..................................... 9
3. Proposals for Land Use, Building Requirements and Land ................ 10
Disposition
Relocation .......................................................... 10
Procedures for Changing and Approved Redevelopment Plan .................... 12
Exhibits and Maps .................................................... 12
1. Exhibit A-Boundary Description ............................. Attachment
2. Property Acquisition Map Dated September, 1994 - RP-1 ......... Attachment
3. Land Use Map Dated September, 1994 - RP-2 .................. Attachment
CD-2 Amendment No. 3
Roanoke, Virginia
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Page 2
Description of Project
1. Boundaries of the Redevelopment Area
The boundaries of the Deanwood Community Development Project Area shown
on the Property Acquisition Map No. RI'- 1, dated September, 1994 and described
in Exhibit A-Boundary Description and attached hereto.
2. Redevelopment Plan Objectives
The objectives of the Deanwood Community Development Project are as follows:
To plan for the acquisition and removal of buildings or improvements
which by reason of dilapidation, obsolescence, overcrowding, faulty
arrangement of design, lack of ventilation, light, and sanitary facilities,
excessive land coverage, deleterious land use or obsolete layout, or a
combination of these or other factors, are detrimental to the safety, health,
morals, or welfare of the community: The Deanwood Community
Development Project Area encompasses a blighted area which contains 30
dilapidated buildings, and 21 buildings the use of which is deleterious to
surrounding uses, of a total of 66 structures.
To plan for the acquisition of other property for the purposes of removing,
preventing or reducing blight, blighting factors, or the cause of blight,
which in the Deanwood project area includes steeply rolling topography,
poor street gradients and layout, inadequate utilities, and remote
community facilities.
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To plan for the acquisition of property where the diverse ownership, the
street and lot layout, and other conditions prevent a proper development of
property and where acquisition of the property is necessary to carry out the
Redevelopment Plan: The Deanwood Project Area contains 47
unimproved properties and 10 improved properties which must be acquired
to assemble sufficient land for proper development, to provide the land use
contemplated in the Redevelopment Plan, and to carry out needed public
improvements.
To improve the standard of housing and environment of the residents to be
relocated from the project area~ including the provision of housing in better
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
Page 3
physical conditions and in locations which arc ~norc acccssiblc to nccdcd
community facilitics and to thc rcmaindcr of thc city.
To replace residential uses in an area which is isolated from othcr
residential areas and from adequate community facilities and which is
surrounded by uses incompatiblc with a rcsidcntial environment.
To create a new resource of graded land for light industries which desire a
central location near excellent highways and near downtown Roanoke, thus
strengthening the economic base of the City and the region.
To provide sites for highway-oriented commercial facilities to serve the
growing volume of regional and interstate traffic.
To make possible the construction of a new major street from Orange
Avenue (US 460), north to connect with Kimball Avenue at the northern
Project Boundary, which will improve the movement of local and regional
traffic.
Types of Proposed Renewal Actions
The entire project area will be cleared and redeveloped. All existing structures and
streets (except properties marked N.T.B.A., Orange Avenue, Williamson Road,
and Hollins Road) will be cleared, the land will be graded as necessary, new major
and secondary streets will be constructed, and the resulting building sites will be
redeveloped for commercial and industrial use. Underground utility lines are
required and will be placed in public rights-of-way wherever possible.
Land Use Plan
1. Land Use Map
Land Use Map No. RP-2, dated September, 1994, is submitted as part of this
Redevelopment Plan.
2. Land Use Provisions and Building Requirements
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
Permitted Uses
Two general types of land uses shall bc pcrmittcd in thc Dcanwood
Community Development Project, Highway Commercial and Light
Industrial.
Pagc 4
2.)
Highway Commercial: The following Highway Commercial uses
shall be permitted in the project area according to the locations
shown on the Land Use Map No. RP-2:
a.) Medical, dental, other professional and business offices;
b.) Retail establishments, and sales and display rooms and lots
(not including storage or display yards for building
materials, or for scrap or salvage operations);
c.) Eating and drinking establishments;
d.) Service and repair establishments, such as barber, and
beauty shops, dry cleaning establishments, shoe repair
shops, filling stations, and repair garages;
e.) Hotels and motels;
fi) Commercial recreational structures and uses;
g.) Financial institutions;
h.) Commercial and job printing establishments;
i.) Accessory uses customarily and clearly incidental to
permitted uses.
Light Industrial: The following Light Industrial uses shall be
permitted in the project area according to the locations shown on
the Land use Map No. RP-2:
CD-2 Amendment No. 3
Roanoke, Virginia
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3.)
Page 5
a.)
b.)
Light manufacturing and processing, provided that all
manufacturing and processing operations bc conducted
within an enclosed building:
Freight terminals, wholesaling, warehousing, storage, supply
and disthbution;
Accessory uses, including outdoor storage lots and yards
incidental to the primary operation except wrecking, junk
and scrap and salvage yards.
Locations of Uses: The parcel sizes and locations for Highway
Commercial and light Industrial uses shall be determined by the City
of Roanoke Redevelopment and Housing Authority within the
pattern shown by the Land use Map RP-2 and according to the
following guidelines:
a.)
The general nature of the project area shall be
predominately light industrial with a border of highway
commercial uses adjacent to the existing commercial uses
on Williamson Road and Orange Avenue.
b.)
the determination of parcels for Highway Commercial uses
shall be contingent upon the demonstration of an adequate
economic demand for such sites.
Additional Regulations and Controls
1.)
Building and Lot Requirements for Highway Commercial Uses:
The requirements for Highway Commercial uses shall be those
outlined in Article III, Division 3, Subdivision C, of the Zoning
Ordinance of Roanoke, Virginia.
2.)
Building and Lot Requirements for Light Industrial Uses: Building
and lot requirements for Light Industrial uses shall be those outlined
in Article III, Division 4, Subdivision A of the Zoning Ordinance of
Roanoke, Virginia.
3.)
Off-Street Parking and Loading: Off Street Parking and Loading
requirements shall be those outlined in Article IV, Division 2 of the
Zoning Ordinance of Roanoke, Virginia.
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
4.)
5.)
6.)
7.)
8.)
Pagc 6
Signs: Thc sign requirements shall be those outlined in Article IV,
Division 3 of thc Zoning Ordinancc of Roanoke, Virginia.
General Supplementary Regulations: All uses shall conform to the
General Supplementary Regulations as set forth in Article IV,
Division 1 of the Zoning Ordinance of Roanoke, Virginia.
Curb Cuts: Driveways leading from public streets shall be in
conformity with City of Roanoke standards in so much as size,
location and design, except that no part of a driveway leading from
a public street shall be nearer than 3 feet to a fire hydrant or catch
basin as measured at the curb line.
Landscaping: Any land in the project area not covered by paving or
structures shall be landscaped with not less than 10 percent of the
land, not covered by structures, or paved areas, shall be landscaped.
Areas which are within street rights-of-way but used for street or
sidewalk pavements shall be paved or landscaped.
Easements: No structures shall be erected on or over utility
easements.
Design Guidelines
The development of all parcels to be disposed of in the Deanwood
Community Development Project shall be in accordance with the following
design guidelines:
The structures shall be placed on the site in a location which
presents a satisfactory view from the street and which best utilizes
the topography, and which relates well to planned or existing
structures on adjoining sites.
2.)
The site should be planned to minimize interference with external
traffic movement, to provide a clear internal traffic flow to parking
areas, and to shield larger parking areas from public streets.
3.)
Landscaping should be provided on each site in a manner consistent
with the use of the site and with its particular geographic
characteristics.
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
do
Pagc 7
4.) Thc design of buildings and signs should recognize their utilization
and should be attractive and pleasing.
5.) All building accessories located on the roof or site of thc
development shall be screened to be compatible with the structure.
Duration of Provisions and Requirements
The provisions and requirements established above and any amendment
thereto shall be in effect from the date of approval of this Redevelopment
Plan by the Council of the City of Roanoke, Virginia and shall remain in
effect for a period of twenty-five (25) calendar years from that date.
Do
e. Controls to be Applied to Property. Not Acquired
Improvements or additions to improved and unimproved properties within
the project area identified as "Not To Be Acquired," shall meet the Land
Use Provisions and Building Requirements established under C.2. above.
Project Proposals
1. Land Acquisition
ao
All properties in the Deanwood Community Development Project are to be
acquired for clearance and redevelopment, except those properties
indicated Not To Be Acquired (N.T.B.A.) on the Property Acquisition
Map No. RP-1, dated September, 1994.
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Conditions for Not Acquiring Properties Now Designated for Acquisition:
The City of Roanoke Redevelopment and Housing Authority may exempt
from acquisition any property which, in its judgment, can be made by the
owner to conform to all of the land use provisions and building
requirements set forth herein and when acquisition of such property is not
necessary to carry out the objectives of the Redevelopment Plan.
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
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Pagc 8
Rehabilitation and Conservation
No rehabilitation and conservation is contemplated for thc project area.
Proposals for Low and Moderate Cost Housina
No Housing is contemplated as a reuse for the project area.
Redeveloper's Obligations
The City of Roanoke Redevelopment and Housing Authority in disposing of the
land in the project area to be redeveloped by private or public parties, shall in
contracts or deeds or other instruments with such parties, include such terms or
conditions as in the judgment of the Authority are necessary to carry out the
objectives of the Redevelopment Plan. Such provisions shall be contained in such
contracts, deeds, or other instruments between the City of Roanoke
Redevelopment and Housing Authority and the redevelopers shall obligate the
purchasers of land in the project area and their successors in interest to:
Devote the parcels owned by them only for the purposes and in the manner
specified in the Redevelopment Plan and to that end to obtain the approval
of the City of Roanoke Redevelopment and Housing Authority of site
redevelopment plans.
bo
Begin and complete the construction of improvements agreed upon in the
land disposition contract within a reasonable time as determined in the
contract.
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Retain the interest acquired until the completion of construction and
development of the area acquired in accordance with this plan and shall not
sell, lease or transfer the interest acquired or any part thereof prior to such
completion of construction and development without the written consent of
the City of Roanoke Redevelopment and Housing Authority.
Not effect or execute any agreement, lease, conveyance, or other
instrument whereby the property or any part thereof is restricted on the
basis of race, religion, sex, color, national origin, age or handicap in the
sale, lease or occupancy thereof, and to comply with all state or local laws
in effect from time to time prohibiting discrimination or segregation by
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
Page 9
reason of race, religion, scx, color, national origin, age or handicap in thc
sale, lease or occupancy of thc property.
To comply to the requirements and provisions of the Affirmative Action
Plan for contract compliance, as in the judgement of thc Authority arc
necessary.
5. Underground Utility Lines
Utility lines will be required to be underground and located within the public
easements or rights-of-way or in easements granted by private developers.
Other Provisions Necessary_ to Meet State and Local Requirements
This Redevelopment Plan is based on the provisions of the Virginia Housing Authorities
Law and of the Regulations of the City of Roanoke. The following requirements have
been met:
1. Conformance to Comprehensive Plan
The Redevelopment Plan for the Deanwood Community Development Project
conforms to the recommendations of the Development Plan for the City of
Roanoke, Virginia.
2. Relationship to Local Objectives
The Redevelopment Plan contributes to the realization of the following local
objectives:
To acquire blighted or deteriorated areas which are detrimental to the
safety, health, morals or welfare of the community and to acquire other real
property for the purpose of removing, preventing, or reducing blight,
blighting factors, or the cause of blight. The project area contains 66
structures of which 30 were found to be dilapidated by a survey of the
interior and exterior of all structures. The project area unquestionably
constitutes a blighted or deteriorating area as defined in the Virginia
Housing Authorities Law and the proposed clearance of the project area
constitutes the removal of blight or blighting factors permitted by that Law.
CD-2 Amendment No. 3
Roanoke, Virginia
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Fo
Pagc I 0
To support and strengthen the growth of the City by eliminating
incompatible land uses, by providing for new and more appropriatc uses
which will contribute to the economic base of thc area, and by improving
traffic movement within the northern part of the City and region.
To remove impediments to land disposition and development in a critical
area near downtown and between Williamson Road, Orange Avenue,
Hollins Road and near Interstate Highway 581.
3. Proposals for Land Use, Building Requirements and Land Disposition
The Redevelopment Plan indicates proposed land uses and building requirements
in the project area and indicates the areas to be made available to private enterprise
and to public enterprise for redevelopment.
Relocation
The Redevelopment Plan indicates the following methods of relocating residents:
1. The temporary relocation (when necessary) of persons living in the area: and
Providing decent, safe and sanitary dwellings in the City of Roanoke substantially
equal to the number of substandard dwellings to be cleared for the area, at rents
within the financial reach of the income groups displaced from such substandard
dwellings as follows:
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The City of Roanoke Redevelopment and Housing Authority will comply
with applicable State and Federal laws and will administer relocation
procedures by using experienced Authority personnel.
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A family-by-family survey, together with a survey of single persons and
commercial establishments, will be conducted and the data obtained will be
compiled by the Authority staff immediately prior to or at the time of
acquisition.
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Listings from newspaper advertisements and realtors of available rental
units will be kept current by the Authority staff. The existing turnover of
public housing units will be sufficient to rehouse all eligible families.
Turnover in existing private housing will be sufficient to permanently or
temporarily rehouse all other families and single persons who will be
CD-2 Amendment No. 3
Roanoke, Virginia
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o
Pagc 11
displaced.
The City of Roanoke Redevelopment and Housing Authority will consider
a dwelling unit to be decent, safe and sanitary when it:
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Is in conformity with applicable provisions of local codes and
ordinances governing existing structures:
Is in good repair, weather-tight, weather-tight with no dampness or
leakage:
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Contains for the exclusive use of the family, bathroom facilities,
adequately ventilated, with a lavatory, bathtub or shower and flush
toilet, all sewer connected and with a supply of hot and cold
running water:
Contains a kitchen with sink and cook stove or utility connection
for such stove;
Has safe flue-connected heating facilities and adequate and safe
electhcal service;
Has a window opening directly to the outdoors in each living room,
bedroom and kitchen. (In the event a kitchen has no such window,
an operable mechanical ventilating device is deemed to be
adequate.);
Has sufficient space and rooms in adequate proportion to provide
privacy and to avoid overcrowding.
If any dwelling unit into which a family relocates is not decent, safe and sanitary,
such relocation will be regarded as temporary. The Relocation Staff of the
Authority will offer the family so relocated further assistance in obtaining standard
accommodations.
Families and single persons will be advised in writing and by personal interview
regarding the relocation procedures. All quarters available or used for the
relocation or persons will be personally inspected by the Relocation Staff of the
Authority and certified as being safe, decent, and sanitary, as warranted.
Relocation will be fully documented and recorded.
CD-2 Amendment No. 3
Roanoke, Virginia
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Page 12
Occupants will be informed of impending demolition of structures and of plans of
thc Authority with respect to cooperating in thcir rclocation. Thc site families and
single persons will be notified personally and in writing in ordcr that thc Authority
is assured that proper notification has been issued. Legal eviction will be
undertaken against occupants of acquired property only as a last resort and shall be
undertaken in cases of:
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a. Failure to pay rent.
b. Maintaining a nuisance or using the premises for illegal purposes.
c. A material breach of the rental agreement.
d. Refusal to admit a member of the Authority Relocation Staff.
e. Refusal to consider accommodations meeting relocation standards.
Situations requiring eviction under State or local law. Site families,
individual householders and commercial establishments will be
compensated for moving expenditures and/or direct loss of personal
property. In no event will such payments exceed the maximum amounts
permitted by Federal Regulations governing Relocation Grant payments.
The relocation schedule will be contingent upon the acquisition of property
and cooperation of the owner or tenant occupying the premises, it will be
administered in a manner to prevent undue hardship to any occupant.
Procedures for Changes in Approved Plan
The Redevelopment Plan may be modified at any time by the City of Roanoke
Redevelopment and Housing Authority with the consent of the City Council, provided
that, if modified after the lease or sale of real property in the project area, the modification
shall be conditioned upon the approval of the owners, lessees, or successors in interest of
any property adversely affected by such modification, and in any event shall be subject to
such rights at law or in equity as a lessee or purchaser, or his successor or successors in
interest may be entitled to assert. Where the proposed modification will substantially
change the Redevelopment Plan as previously approved by the Authority, the modification
shall be formally approved by the Authority as in the case of the original Plan.
Exhibits and Maps
CD-2 Amendment No. 3
Roanoke, Virginia
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EXHIBIT A
DEANWOOD COMMUNITY DEVELOPMENT PROJECT
AMENDMENT NO. 3
Boundary Description
Page 1
BEGINNING at a point on the westerly fight-of-way of Williamson Road,
thence, easterly across Williamson Road, along the southerly property line of properties numbered
Block 9, Parcels 7, 8 and 9, approximately 425 feet;
thence, northerly along the westerly property line of the property numbered Block 1'1, l~arcel 7,
approximately 125 feet to the northerly property line of Block 11, parcel 7;
thence, easterly along the northerly property lines of the properties of Block 7, extended
approximately 390 feet to the easterly fight-of-way of Sixth Street;
thence, southerly along said fight-of-way approximately 135 feet to the northerly fight-of-way of
Georgia Avenue;
thence, easterly along said right-of-way approximately 480 feet to the westerly right-of-way of
Plantation Road;
thence, northerly along said fight-of-way approximately 135 feet to a point;
thence, easterly across Plantation Road and along the northerly property line of Block 6, extended
approximately 345 feet to the easterly fight-of-way of the Norfolk and Western Railroad;
thence, northerly along the easterly fight-of-way of the Norfolk and Western Railroad
approximately 477 feet to the northerly property line of property numbered Block 12, Parcel 1;
thence, easterly along the northerly property line of the property numbered Block 12, Parcel 1,
extended approximately 635 feet to the westerly right-of-way line of Hollins Road;
CD-2 Amendment No. 3
Roanoke, Virginia
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Page 2
thence, southerly along the westerly right-of-way line of Hollins Road approximately 1,403 feet to
the northerly right-of-way line of Orange Avenue;
thence, westerly along the northerly right-of-way line of Orange Avenue approximately 1,102 feet
to the westerly property line of the property numbered Block 1, Parcel 3;
thence, northerly along said property line, extended 430 feet to the southerly right-of-way of an
alley;
thence, westerly along said right-of-way, approximately 495 feet to the easterly property line
numbered Block 8, Parcel 17;
thence, southerly along said property line extended approximately 175 feet to the southerly right-
of-way of Louisiana Avenue;
thence, westerly along said right-of-way approximately 120 feet to the easterly property line of
the property numbered Block 9, Parcel lB; ,t
thence, southerly along said property line approximately 255 feet to the northerly right-of-way of
Orange Avenue.
thence, westerly along said right-of-way approximately 270 feet to a point;
thence, southerly across Orange Avenue to a point on the southerly right-of-way of Orange
Avenue;
thence, westerly along said fight-of-way approximately 445 feet to the westerly fight-of-way of
Williamson Road;
thence, northerly along said right-of-way approximately 1,070 feet to the point of BEGINNING.
This area contains 51 acres more or less.
CD-2 Amendment No. 3
Roanoke, Virginia
9/94
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., for the purpose of considering
certain amendments to the Deanwood Redevelopment Plan. A copy of
the proposed amendments is available for review in the Office of
the City Clerk, Room 456, Municipal Building. Questions about the
content of the proposed amendment should be directed to the Office
of Community Planning, 981-2344. The Deanwood project area, as
proposed, is described as follows:
Boundary Description
BEGINNING at a point on the westerly right-of-way of
Williamson Road; thence, easterly across Williamson Road,
along the southerly property line of properties numbered
Block 9, Parcels 7, 8 and 9, approximately 425 feet;
thence, northerly along the westerly property line of the
property numbered Block 11, Parcel 7, approximately 125
feet to the northerly property line of Block 11, parcel
7; thence, easterly along the northerly property lines of
the properties of Block 7, extended approximately 390
feet to the easterly right-of-way of Sixth Street;
thence, southerly along said right-of-way approximately
135 feet to the northerly right-of-way of Georgia Avenue;
thence, easterly along said right-of-way approximately
480 feet to the westerly right-of-way of Plantation Road;
thence, northerly along said right-of-way approximately
135 feet to a point; thence, easterly across Plantation
Road and along the northerly property line of Block 6,
extended approximately 345 feet to the easterly right-of-
way of the Norfolk and Western Railroad; thence,
northerly along the easterly right-of-way of the Norfolk
and Western Railroad approximately 477 feet to the
northerly property line of property numbered Block 12,
Parcel 1; thence, easterly along the northerly property
line of the property numbered Block 12, Parcel 1,
extended approximately 635 feet to the westerly right-of-
way line of Hollins Road; thence, southerly along the
westerly right-of-way line of Hollins Road approximately
1,403 feet to the northerly right-of-way line of Orange
Avenue; thence, westerly along the northerly right-of-way
line of Orange Avenue approximately 1,102 feet to the
westerly property line of the property numbered Block 1,
Parcel 3; thence, northerly along said property line,
extended 430 feet to the southerly right-of-way of an
alley; thence, westerly along said right-of-way,
approximately 495 feet to the easterly property line
numbered Block 8, Parcel 17; thence, southerly along said
property line extended approximately 175 feet to the
southerly right-of-way of Louisiana Avenue; thence,
westerly along said right-of-way approximately 120 feet
to the easterly property line of the property numbered
Block 9, Parcel lB; thence, southerly along said property
line approximately 255 feet to the northerly right-of-way
of Orange Avenue; thence, westerly along said right-of-
way approximately 270 feet to a point; thence southerly
across Orange Avenue to a point on the southerly right-
of-way of Orange Avenue; thence, westerly along said
right-of-way approximately 445 feet to the westerly
right-of-way of Williamson Road; thence, northerly along
said right-of-way approximately 1,070 feet to the point
of BEGINNING. This area contains 51 acres, more or less.
Ail parties in interest may appear on the above date and be
heard on the question.
GIVEN under my hand this 21st day of September , 1994.
Mary F. Parker, City Clerk.
Publish in full once on Friday, September 30, 1994, in the Roanoke Times and
World-News. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk,
Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-
1536.
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
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 10, 1994
Neva H. Smith
Executive Director
City of Roanoke Redevelopment
and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Smith:
I am enclosing copy of an invoice from the Roanoke Times & World-News for
advertising the notice of public hearing on Friday, September 30, 1994, in
connection with the request of the City of Roanoke Redevelopment and Housing
Authority with regard to Amendment No. 3 to the Deanwood Community
Redevelopment Project.
Please remit your check, made payable to the City of Roanoke, in the amount of
$176.80, to the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday, October 21, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.