HomeMy WebLinkAboutCouncil Actions 04-22-91REGULAR ~EEKLY
(30480)
SESSION ...... ROANOKE CITY COUNCIL
April 22, 1991
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Messrs. Fitzpatrick and Harvey
were absent.
The invocation will be delivered by The Reverend Mark A.
Graham, Pastor, St. John Lutheran Church.
Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Recognition of National Youth Service Day participants and
sponsors.
BID OPENINGS
A. Bids to remove and reassemble a White Superior Blower
Engine at the Water Pollution Control Plant.
Two bids were referred to a committee composed of
Messrs· White, Chairman, Kiser and Clark for
tabulation, report and recommendation to Council·
C-1
CONSENT AGENDA (Approved 5-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, corr~nissions and com-
mittees appointed by Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss personnel mat-
ters relating to vacancies on various
(I)
C-2
C-3
C-4
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
A report of the City Manager in response to concerns
expressed by Mr. Ren T. Heard with regard to disruptive activi-
ties occurring in the area of Rorer Avenue and Salem Avenue,
S. W.
RECOMMENDED ACTION: Receive and file.
A communication from Mr. W. Lo Whitwell, Chairman,
Architectural Review Board, transmitting the Board's Annual
Report for 1990.
RECOMMENDED ACTION: Receive and file.
A congnunication from Ms. Vicki W. Stauffer tendering her
resignation as a member of the Roanoke Arts Commission.
RECOMMENDED ACTION: Receive and file the communication and
accept the resignation with regret.
Request of Vice-Mayor Musser for an Executive Session to
discuss a personnel matter, being the appointment of a specific
officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended; concurred in request.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Communications:
A communication from the Roanoke City School Board recom-
mending appropriation of $34,208.00 for the Eisenhower
Math/Science Title II program, and $4,000.00 for the Parent
Resource Center; and requesting that 32 completed school
grants be closed, with a net decrease of $33,249.00.
Adopted Ordinance No. 30480-42291. (5-0)
Reports of Officers:
a. City Manager:
Briefings:
A report with regard to recommended renovations to the
pedestrian plaza between Church Avenue and Franklin
Road which are proposed to be included in the bids for
the parking garage project near the City's No. i Fire
Station.
NO action.
Items Recor~nended for Action:
o
A report recommending that a public hearing be sche-
duled for Monday, May 13, 1991, at 7:30 p.m., with
regard to the proposed 1991-1992 Community Development
Block Grant Program.
Concurred in the recommendation.
A report with regard to a special policy relating to
salary and benefits for certain city employees called
to active military duty in connection with Operation
Desert Shield/Storm.
Adopted Resolution No. 30481-42291 and Ordinance
30482-42291. ($-0)
A report recommending execution of an amendment to the
Extraterritorial Arrest Agreement with the County of
Roanoke in order to delete references to Roanoke County
Sheriff's Deputies, and expand the definition of
"Officer" to include Roanoke County Police Officers.
Adopted Ordinance No. 30483-42291. (5-0)
A report recommending that permission be granted to
Festival In The Park, Inc., to hang festival banners
from City traffic signal poles in the downtown area for
the period May i through June 10, 1991.
Adopted Resolution No. 30484-42291. (5-0)
o
A report recommending approval of insurance coverage to
be provided by Festival In The Park, Inc., in connec-
tion with the requested use of certain public streets
and parks for the 1991 Festival in the Park scheduled
for May 23 through June 2, 1991.
Adopted Resolution No. 30485-42291. (5-0)
A report recommending waiver of rental fees and
granting concession rights and co~ission to Roanoke's
Festival in the Park, for use of Victory Stadium for
events scheduled to be held on May 24 and May 31, 1991.
Adopted Ordinance No. 30486-42291. (5-0)
A report recommending waiver of rental fees and
granting concession rights and commission to the
Virginia Amateur Sports, Inc., for use of the National
Guard Armory, Victory Stadium, Maher Field, River's
Edge Sports Complex, and Fallon Park Swimming Pool, for
events scheduled to be held June 26 through July 7,
1991.
Adopted Ordinance No. 30487-42291. (5-0)
(3)
10.
11.
12.
A report recommending appropriation and transfer of
funds for the Fifth District Employment and Training
Consortium in connection with the Summer Youth Program
and the Veterans Project.
Adopted Ordinance No. 30488-42291. (5-0)
A report recommending ratification of
repairs to the City's sanitary sewer
block of Campbell Avenue, S. ~.
certain emergency
system in the 100
Adopted Resolution No. 30489-42291. (5-0)
A report recommending that Council not exercise an
option to purchase a building located at 348 Campbell
Avenue, S. W.
Concurred in the report.
A report recommending appropriation of funds posted for
performance bonds and attached by the City, in connec-
tion with the installation of certain public improve-
ments at Towne Square Shopping Center and Hunting Hills
Plaza.
Adopted Ordinance No. 30490-42291. (5-0)
Director of Finance:
1. A financial report for the month of March, 1991.
Received and filed.
Reports of Committees: None.
Unfinished Business: None.
Introduction and Consideration
of Ordinances and Resolutions:
Ordinance No. 30478, on second reading, providing for one
or more non-exclusive franchises to construct, operate, and
maintain one or more cable television systems within
Roanoke, Virginia.
Adopted Ordinance No. 30478-42291. (5-0)
Ordinance No. 30479, on second reading, authorizing the
execution of a certain cable television franchise agreement
with Cox Cable Roanoke, Inc., upon certain terms and
conditions.
Adopted Ordinance No. 30479-42291. (5-0)
(4)
10.
A Resolution recognizing the
to the City by Von W. Moody,
Va l uat ion.
meritorious service rendered
III, Director of Real Estate
Adopted Resolution No. 30491-42291. (5-0)
A Resolution com~nending and expressing appreciation to
those persons and organizations involved in successful
planning for and implementation of the 1991 Metro
Basketball Tournament.
($-0)
Adopted Resolution No. 30492-42291.
Motions and Miscellaneous Business:
a. Inquiries and/or comments by the
Council.
Vacancies on various authorities,
committees appointed by Council.
Other Hearings of Citizens:
Certification of Executive Session.
Appointed Ms. Margaret R.
Development Authority.
~ayor and Members of City
boards, commissions and
(5-0)
Baker as a Director of
the Industrial
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW,
ATTEST:
the youth of our nation are a valuable asset and repre-
sent the future leaders of our country; and
local governments and institutions across the nation
have long benefitted from the countless hours of volun-
teer work performed by these young people; and
through volunteer work, our young people cultivate the
trails that will make them successful leaders; and
Youth Service America, The United States Conference of
Mayors, the Jefferson Awards, and the Points of Light
Foundation will sponsor a National Youth Service Day as
a showcase for the efforts of our young people; and
National Youth Service Day will call public attention to
the contributions and potential of our youth, and will
help other young people recognize the value and satis-
faction of working to benefit others in their community;
and
National Youth Service Day represents an effort to com-
municate with policymakers, business and community
leaders, parents and teachers as to how the energy,
enthusiasm, and talent of young people can be channeled
into solutions with regard to social and economic
problems facing the nation; and
our nation's future lies in the strength and potential
of the various organized youth services.
THEREFORE, I, Noel C. Taylor, Mayor of the City of Roanoke,
Virginia, do hereby proclaim Monday, April 22, 1991, as
NATIONAL YOUTH SERVICE DAY
in the City of Roanoke, and encourage all citizens to
acknowledge and celebrate the civic contributions of our
young Americans.
Given under our hands and the Seal of the City of
Roanoke this twenty-second day of April in the year
our Lord, nineteen hundred and ninety-one.
of
City Clerk Mayor
Office of ~he Mo/or
April 22, 1991
The Honorable Vice Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wis~ to request an Executive Session to discuss personnel
matters relating to 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.
NCT:ra
Sincerely,
c. a 'lor
Mayo r
Room 452 Municipal BuildJng 2t5 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2444
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, V,rg~ma 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deouty Cny Clerk
File #66-5
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report in response to concerns expressed by Mr. Ran T.
Heard with regard to disruptive activities occurring in the area
of Rorer Avenue and Salem Avenue, S. W., advising that you will
submit a full report to Council on Tuesday, May 28, 1991,
before the Council of the City of Roanoke at a regular meeting
held on Monday, April 22, 1991.
On motion,
filed.
duly seconded and adopted, the report was received and
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP : ra
pC:
Mr. Ren T. Heard, 1306 Salem Avenue, S. W. Roanoke Virginia
24016 ' '
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. M. David Hooper, Chief of Police
April 22, 1991
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Taylor and Council Members:
Subject: Mr. Ren Hurd's request
At your meeting on Monday, April 15, 1991, Mr. Ren Hurd, 1306 Salem
Avenue, S. W., appeared with a request on behalf of the residents of the Hurt
Park section of the City. Mr. Hurd voiced concerns about alleged illegal
activities occurring at the intersection of the 1300 block of Rorer Avenue and
Salem Avenue. You have referred this matter to me for study and a report back
to Council.
As Mr. Bowers requested during the Monday, April 15, 1991, Council
Meeting, I am providing Council with a timetable for my response to Mr. Hurd's
request. I will be providing Council with an analysis and report on or before
the May 28, 1991, Council Meeting.
Respectfully,
W. Robert Herbert
City Manager
WRH:GCS:pr
CC:
City Attorney
Director of Administration and Public Safety
Chief of Police
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. Virglma 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy CrTy Clerk
File #109-249
Mr. W. L. ~nitwell, Chairman
Architectural Review Board
1255 Keffield Street, N. W.
Roanoke, Virginia 24019
Dear Mr. Whitwell:
The 1990 Annual Report for the Architectural Review Board was
before the Council of the City of Roanoke at a regular meeting
held on Monday, April 22, 1991.
On motion, duly seconded and adopted, the Annual Report was
received and ftled.
Sincerely, "Pl~-~-.,_.
Mary F. Parker, OV~C/AAE
City Clerk
MFP:ra
April 22, 1991
The Honorable Mayor Noel C.
and Members of City Council
Roanoke, Virginia
Taylor
Dear Mayor and Members of Council:
SUBJECT:
Architectural Review Board 1990 Annual
Report
Submitted herewith is the 1990 Annual Report for the
Architectural Review Board. During the past year our historic
districts in Southwest and in Downtown have prospered and
seen substantial new development which has benefited not only
the districts, but also the City as a whole. Increased tax
revenue, improved property values, good design-development,
upgraded housing, and enhanced historic districts have
resulted.
In 1990 the Board fostered good communication with
citizens, the City Administration, and ultimately, with City
Council. Through informal workshops, meetings, and
publications, we tried to promote understanding of the Board's
responsibilities and of historic preservation issues.
In recent years we also emphasized the need for design
guidelines for our historic districts. We have requested
funding for these materials. At the present time, our staff
is working with a Hollins College intern to draft guidelines
for the H-2, Neighborhood Preservation District. In the near
future we will request funding for supplemental professional
assistance and printing of the guidelines. We hope that you
will agree with the need for guidelines and support our
funding request.
The Architectural Review Board looks forward to working
with City Council in the future.
W~from
~a~anhik~ell
all the members,
Room 355 Municipal Building 215 Church Avenue, SW Roanol,;e, Virginia 24011 (703) 981 2344
TABLE OF CONTENTS
The Architectural Review Board
Summary of 1990 Action
1990 Certificates of Appropriateness
1
3
4-12
THE ARCHITECTURAL REVIEW BOARD
~ ~JtCHITg~-rolt~L RgVIEW BOARD
The Architectural Review Board is comprised of seven members who are appointed by City
Council and serve voluntarily, to ensure the preservation, protection, and enhancement of
buildings, structures, and landmarks in the City's historic districts. The purpose of the Board
is as follows:
1. To assist the governing body in administering the City's historic district
ordinances.
2. To review new construction, modifications, and de~olition in the historic
districts.
3. To preserve, protect, and encourage appropriate rehabilitation of the City's
designated historic, architectural and cultural resources.
To reco~end for historic landmark status and historic district protection,
significant historic, architectural and cultural landmarks, structures and buildings
in the City of Roanoke.
5. To provide architectural ex~ertise to City Council and the administration when
requested.
Members of the Architectural Review Board are required to have expertise or an interest in
historic preservation. Two members must be registered architects and two members are required to be
selected from the City Planning Commission and the City Arts Commission.
In 1990, the Board members were:
W. L. Whitwell, Chairman -
Architectural Historian;
Professor of Art at Hollins College;
author of The Architectural Heritage of the Roanoke Valley
Richard L. Meagher,
Vice Chairman
Former Registered Architect;
retired partner Wells, Meagher & McManama, AIA
Henry B. Bolmton
Registered Architect and Engineer;
retired partner Smithey & Boynton, Architecture, Engineering &
Planning
Kenneth L. Motley
Registered Architect;
President/CEO Smithey & Boynton, Architecture, Engineering,
Planning
-1-
John Will Creas¥
TimmL. Jamieson
Susan S. Goode
Richard L. Jones
Member of City Arts Commission;
Artist
Registered Architect;
Vice-president Hayes, Seay, Mattern & Mattern
Member of City Planning Commission (Resigned August, 1990)
(Appointed November 1990)
Registered Architect;
Member of City Planning Commission;
Partner, Jones & Jones, Associates, Architects
1990 Attendance Summary
Number of Regular Meetings Held: 12
Board Member
Number of Meetings Attended
Henry Boynton
John Creasy
Timothy Jamieson
Richard Meagher
Kenneth Motley
W. L. Whitwell
Susan Goode*
Richard Jones**
12
12
10
11
10
11
5 of 8
1 of 2
*Resigned August 1990
**Appointed November 1990
-2-
SUMMARY OF 1990 ACTION
SU~/~Y OF 1990 ACTIVITIES
In 1990, the Board reviewed 99 applications for Certificates of Appropriateness, a thirty
percent increase over 1989. Of the total, 26 projects were in the downtown H-l, Historic District
and 73 were in the southwest H-2, Neighborhood Preservation District. It is worthy to note that
of the total applications, 3 were for new buildings, 8 were for additions, and 14 were for
substantial rehabilitation of existing buildings. Seven of the rehabilitation projects were
financially assisted by the historic preservation incentives (loans, grants, and architectural
assistance) sponsored by the City of Roanoke, the Roanoke Valley Preservation Foundation, Downtown
Roanoke, Inc. and several local banks.
In addition to reviewing projects for a Certificate of Appropriateness, the Architectural
Review Board also held two workshops in 1990 to discuss such items as review guidelines, design
issues, and public awareness of district requirements. Four members of the Board attended a
technical training workshop for architectural review board members sponsored by the Preservation
Alliance of Virginia.
The Board also recommended and endorsed two properties for historic district status in 1990:
the Patrick Henry Hotel and the former Brotherhood Menswear Building at 107 South Jefferson Street.
1990 CERTIFICATES OF APPROPRIATENESS
ROANOKE CITY ARCHITECTURAL REVIEW BOARD
CERTIFICATES OF APPROPRIATENESS - 1990
CA or CA
Case No. Date Applicant
90-001 1/11/90 Dollie M. Knight
90-002 1/11/90
Malik Hassum
90-003 2/8/90
90-004 2/8/90
90-005 2/8/90
90-005 6/14/90
Amended
90-006 2/8/90
Catholic Charities
of SW VA
Mental Hygiene Ser-
vice
M & B Associates
John & Jane Butler
M & B Associates
John & Jane Butler
Carl I. Bova
90-007 3/8/90
New Southern Inc.
90-008 3/8/90
90-009 3/8/90
William & Gale
Sowers
Clarence Kerr
90-010 3/8/90
Clarence Kerr
*approved with modifications
Location
905 Ferdinand Ave., SW
H-2 District
24 Church Avenue, SE
H-1 District
820 Campbell Ave., SW
H-2 District
1345 Clarke Ave., SW
H-2 District
213 Williamson Rd., SE
H-1 District
213 Williamson Rd., SE
H-1 District
209 Market St., SE
H-1 District
12 Campbell Ave., SE
H-1 District
302 Market St., SE
H-1 District
602-604 Woods Ave., SW
H-2 District
405 Woods Ave., SW
H-2 District
-4-
Request
Action Taken
Porch reconstruction Approval
Storefront improve- Approval*
ments, HVAC and fan
on roof
Parking lot improve- Approval
ments
Hidden guttering
covering
Storefront rehabi-
litation
Storefront rehabi-
litation
Signage
Approval
Approval*
Approval
Approval
Signage Approval
Awning Approval
Enclose secret
gutters/aluminum
gutters
Enclose secret
gutters/wooden
stairs
Approval
Approval
CA or CA
Case No. Date Applicant
90-010 4/12/90 Clarence Kerr
Amended
90-011 3/8/90 Dr. Albert Moser
90-012 3/8/90 John A. Garland
Richard A. Dearing
90-012 4/12/90 John A. Garland
Amended Richard A. Dearing
90-013 3/8/90 Paul E. Grice
90-013 3/20/90 Paul E. Grice
Amended
90-014 3/8/90 David Peery
90-015 4/12/90 Steven Stinson
90-016 4/12/90 Warren Ray
Location
405 Woods Ave., SW
H-2 District
1322 2nd St., SW
H-2 District
325 Mountain Ave., SW
H-2 District
325 Mountain Ave., SW
H-2 District
637 Mountain Ave., SW
H-2 District
637 Mountain Ave., SW
H-2 District
440 Highland Ave., SW
H-2 District
City Market Bldg.
H-1 District
616-618 Ferdinand
Avenue, SW
H-2 District
90-017 4/12/90 Richard Mardian 510 Woods Ave., SW
H-2 District
90-018 4/12/90 Dr. W. C. White 1309 3rd St., SW
H-2 District
90-019 4/12/90 John and Betsy 10 Market Street, SE
Williams H-1 District
90-020 4/12/90 Bette K. Anderson 540 Mountain Ave., SE
H-2 District
Request
Action Taken
Front stairs/balu-
strade/lattice
New addition
New addition
Addition/signage/
retaining wall
Fencing
Fencing
Removal of rear
chimney
Temporary sign
Fence/removal of
fuse box and brick
partition
Porch railings
Signage/railings
New storefront/sign
Roof replacement
(metal to shingle)
Approval
Approval
Approval*
Approval
Approval*
Approval
Approval
Approval
Approval
Approval
Approval
Approval
Approval
-5-
CA or CA
Case No. Date
90-021 4/12/90
90-022 5/10/90
90-023 5/10/90
90-024 5/10/90
90-025 5/10/90
90-026 5/10/90
Applicant
Roanoke Museum of
Fine Arts
Lucas & Boatwright
Calvary Baptist
Church
World Travel Service
HSW Partnership
Tim Wagner
Location
One Market Sq. SE
H-1 District
318 Washington
Avenue, SW
H-2 District
608 Campbell Ave., SW
H-2 District
22 Campbell Ave., SE
H-1 District
102-114 Market St., SE
H-1 District
Wall between 313
Market/24 Church, SE
H-1 District
90-027 5/10/90 Andrew C. Bockner 101 Mountain Ave., SW
H-2 District
90-028 5/10/90 Eric & Jennifer 501 Woods Ave., SW
Romeiser H-2 District
90-029 5/10/90 Mansel Hopkins 544 Elm Ave., SW
H-2 District
90-030 5/10/90 Annie T. Doughty 524 Woods Ave., SW
Jane Bucy H-2 District
90-030 6/14/90 Annie T. Doughty 524 Woods Ave., SW
Amended Jane Bucy H-2 District
90-031 5/10/90 Read A. Lunsford 419 Washington Ave.,
SW
H-2 District
90-031A 6/14/90 Read A. Lunsford 419 Washington Ave.,
SW
H-2 District
Request Action Taken
Signage
New building
Approval
Approval*
Signage
Signage/Awning
Modifications to
5th bay storefront
Installation of
pay phone
Bldg. Extension/
New door
Enclose secret
gutters/new Gutters
Privacy fence
Fencing with lat-
tice top
Fencing
Enclose rear deck/
chain-link dog pen
Approval
Approval
Approval
Denial
Approval
Approval
Approval
Approval*
Approval
Approval
Revised enclosure of Approval
deck
CA or CA
Case No. Date Applicant Location
90-032 5/10/90 Barry Rakes 305 Mountain Ave., SW
H-2 District
90-033 6/14/90 Daniel W. Pizzullo 1025 First St., SW
H-2 District
90-034 6/14/90 Roland H. Macher 609 Highland Ave., SW
H-2 District
90-035 6/14/90 Roland H. Macher 218 Highland Ave, SW
H-2 District
90-036 6/14/90 Roland H. Macher 216 Highland Ave., SW
H-2 District
90-037 6/14/90 Carter, Brown & 1401 Franklin Rd., SW
Osborne, PC H-2 District
90-038 6/14/90 William L. Hornsby 509 Mountain Ave., SW
H-2 District
90-039 6/14/90 Steven Knapp 402 Albemarle Ave., SW
H-2 District
90-040 6/14/90
City of Roanoke
90-041 6/14/90 Ronald Bailey
90-042 6/14/90 Paul E. Grice
90-043 6/14/90
302 Associates
24 Market St., SE
H-1 District
705 Highland Ave.,
H-2 District
637 Mountain Ave.,
H-2 District
SE
SE
302 Washington Ave.,
SW
H-2 District
Request
Action Taken
Replacement of win-
dow with door
Signage
Approval
Approval
Rear deck
Approval
Railings/roof
overhang
Rear porch
Approval
Approval
Signage Approval
Replacement/enc.
of rear porch
Approval
Porch demo./recon-
struction/fence
with lattice top
Approval
Demolition of struc- Approval
ture/construction
of new parking
garage
Fence/rear concrete Approval
patio
Front porch recon-
struction/removal
of awning/new rear
deck
Approval
Rehabilitation of
building
Approval
-7-
CA or CA
Case No. Date
90-044 6/14/90
90-045 7/12/90
90-046 7/12/90
90-047 7/12/90
90-048 8/9/90
90-049 8/9/90
90-050 8/9/90
90-051 8/9/90
90-052 9/13/90
90-053 9/13/90
90-054 9/13/90
90-055 9/13/90
Applicant
Location
2nd Presbyterian
Church
Phyllis Johnson
Michael Agee
214 Mountain Ave.,
H-2 District
426 Woods Ave., SW
H-2 District
SW
Alan & Lillie
Garnett
Center in the Square
608 13th St., SW
H-2 District
One Market Square
H-1 District
Douglas Epps
Susan Linkous
Donna Cole
Relish Realty
Susan McGarvey
Anglin Realty
Management
A & R Properties
(Anderson & Reed)
Mundy, Rogers &
Frith
Saunders & Wells
Investments
1722-1724 Patterson
Avenue, SW
H-2 District
521 Allison Ave., SW
H-2 District
118-120 Campbell Ave.,
SE
H-1 District
516 Allison Ave., SW
H-2 District
816 Franklin Rd., SW
H-2 District
Int. of King George
and Franklin, SW
H-2 District
1328 3rd St., SW
H-2 District
114 Campbell Ave., SE
H-1 District
Request Action Taken
Reconstruction of Approval
stairs and handrails
Front porch recon-
struction/new
balustrade
Approval
Rehabilitation of
building
Approval
Tinted glass/blue
neon tubing/paint
paint on columns
Approval
Driveway/cement pad/ Approval
fence
Demo/reconstruction
of rear deck
Facade rehabilita-
tion
Approval
Approval
Replacement of win-
dow with block glass
Signage
Denial
Approval
New building
Approval*
New addition
Approval
Painting cornice
Approval
-8-
CA or CA
Case No. Date Location Action Taken
90-056 9/13/90
90-057 9/13/90
90-058
Applicant
Saunders & Wells
Investments
Saunders & Wells
Investments
9/13/90 F.D. Fitzgerald
90-059 9/13/90
Robert Underwood
90-060 9/13/90
90-061 9/13/90
Douglas & Karen
Walters
Scott Stephens
90-062 9/13/90 Phillip E. Bane
90-063 9/13/90
Thomas Schwendeman
90-064 9/13/90
Center in the Square
90-065 10/11/90 First Baptist Church
90-066 10/11/90 First Baptist Church
90-067 10/11/90 Willrose Properties
Request
124-126 Market St.,
H-1 District
114-116 Market St.,
H-1 District
514 Woods Ave., SE
H-2 District
525/526 King George
Avenue, SW
H-2 District
1112 2nd St., SW
H-2 District
1201 Albemarle Ave.,
SW
H-2 District
549 Elm Ave., SW
H-2 District
109 Norfolk Ave., SW
H-1 District
One Market Square
H-1 District
331 Day Avenue,
H-2 District
SW
343 Day Avenue, SW
H-2 District
519-521 Bluff Ave.,
H-2 District
SW
Paint/wood replace-
ment/awnings
Paint/wood replace-
ment/awnings/sign
New roof/guttering
(metal to shingles)
Replacement/new
construction of
rock wall
Rehabilitation of
carriage house
Addition
Approval
Approval
Approval
Approval
Approval*
Approval
Removal of stucco/ Approval
Plywood panels on
porch/railings/garage
demolition
New rear door
Approval
Change in location
and painting of
columns
Approval
Demolition of struc- Approval
ture/parking lot
Demolition of struc- Approval
ture/parking lot
Fencing/window
enlargement
Approval*
-9-
CA or CA
Case No. Date
90-068 10/11/90
90-069 10/11/90
90-070 10/11/90
90-071 10/11/90
90-072 10/11/90
90-073 10/11/90
90-074 10/11/90
90-075 10/11/90
90-075 11/8/90
Amended
90-076 11/8/90
90-077 11/8/90
Applicant
Nellie D. Leonard
Max Matthews
Old SW, Inc.
Gallery 3/Wertz
Country Store
Blue Ribbon Boutique
Robert Davis
The Gift Niche
City of Roanoke
City of Roanoke
Larry Moore
Cole Brothers
Auction
Location Request
Action Taken
312-314 Woods Ave.,
H-2 District
SW Replacement or Approval
removal of lattice
and installation
of balustrade
425 Walnut Ave., SW
H-2 District
Replace windows
Approval
Walnut/Highland, SW
H-2 District
Signage Approval
213-215 Market St.,
SE
H-1 District
Banner Approval
208 Market Street, SE Awning Approval
H-1 District
1325 Clarke Ave., SW Rehabilitation
H-2 District burned structure
Approval
101 Market Sq., SE Awning/signage Approval
H-1 District
611, 613, 615, 707, Demolition of struc- Approval
709, 711, 715, 717, tures for widening
719, 725, & 815 Frank- of Franklin Road
lin Rd., SW/336 & 340
Elm Ave., SW
H-2 District
813 Franklin Rd., SW Demolition of front Approval
H-2 District of structure for
road widening
813 Franklin Road, SW New building front
H-2 District
Approval
113 Norfolk Ave., SW Rehabilitation of Approval*
H-1 District building and sign-
age
-10-
CA or CA
Case No. Date
90-078 11/8/90
90-079 11/8/90
90-080 11/8/90
90-081 11/8/90
90-082 11/8/90
Applicant
Location
John W. Robinson
Old SW, Inc.
365 Highland Ave., SW
H-2 District
641 Walnut Ave., SW
H-2 District
Eleanor Crush
422-424 Elm Ave., SW
H-2 District
Candace Staten
355 Day Avenue, SW
H-2 District
Robert Underwood
525 King George Ave.,
SW
H-2 District
90-083 11/8/90 Shucker's Seafood 30 Church Ave., SE
H-1 District
90-084 8/9/90 Margo Saliba 1110 Campbell Ave., SW
H-2 District
90-085 12/13/90 John P. Cone, Jr. 526 Mountain Ave., SW
H-2 District
90-086 12/13/90 Richard Carner 502 Janette Ave., SW
H-2 District
90-087 12/13/90 Ted Baden 378 Allison Ave., SW
H-2 District
90-088 12/13/90 Thomas L.Guthrie 209 Market St., SE
H-1 District
-11-
Request
Action Taken
New building/
signage/fencing
Approval
New door/window/ Approval
removal of stairs/
new steps/balustrade/
landing
New parking area/ Approval*
demolition of garage/
removal of rear walk/
rear fence and instal-
lation of landscaping
Roof replacement on
rear wing (metal to
shingle)
Approval
Addition to garage/
removal of fencing/
new fencing
Approval
Door replacement
with glass panel
Approval
Demolition of rear
of structure
No Action
(Concept only)
Rehabilitation of
structure
Denied
Porch reconstruction Approved*
Existing deck
Approved
Signage Approval
CA or CA
Case No. Date
90-089 12/13/90
Applicant
Christ Episcopal
Church
90-090 12/13/90 302 Associates, Inc.
90-091 12/13/90
90-092 12/13/90
William R. Weeks
Hayes, Seay, Mat-
tern & Mattern
Location
1109 Franklin Rd., SW
H-2 District
Request
Action Taken
New columbarium/ Approval
new handicap ramp/
removal of rear fence/
removal and replace-
ment of lighting/
relocation of condenser
to roof/move storage
shed/new door
302 Washington Ave.,
SW
H-2 District
parking lot
Approval
112 Albemarle Ave., SW Roof replacement
H-2 District (slate to shingle)
Denial
1315 Franklin Rd., SW Two exterior lights Approval
H-2 District
-12-
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,$ W, Roorr, 456
Roapoke, Virglma 24011
Telephone: (703) 981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #230
Ms. Vicki W. Stauffer
3235 Mudlick Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Stauffer:
Your communication tendering your resignation as a member of the
Roanoke Arts Co,~nission, was before the Council of the City of
Roanoke at a regular meeting held on Monday, April 22, I991.
On motion, duly seconded and adopted, the cor~nunication was
received and filed and your resignation was accepted with regret.
The Members of City Council requested that I express their sin-
cere appreciation for the many services you have rendered to the
City of Roanoke as a member of the Arts Commission. Please find
enclosed a Certificate of Appreciation issued by the Mayor on
behalf of the Members of Council.
f"'~'-~'6SincerelY' 3'
· Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pC: Mr.
6857
Ms.
Timothy L. Jamieson,~Chairman, Roanoke Arts Commission,
Sugar Rum Ridge_~gad, S. W., Roanoke, Virginia 24018
Joyce A. Sink, Se~tary, Roanoke Arts Commission
MARY F. PARKER
Ci~cy Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 4S6
Roanoke, Virginia 24011
Telephone: (703)981-2541
April 24, 1991
SANORA H. EAKIN
Deputy C~ty Clerk
File #60-46?
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
$33,249.00. Ordinance
of the City of Roanoke at
22, 1991.
I am attaching copy of Ordinance No. 30480-42291 amending and
reordaining certain sections of the 1990-91 Grant Fund
Appropriations, providing for the appropriation of $34,208.00 for
the Eisenho~:er Math/Science Title II Program, and $4,000.00 [or
the Parent Resource Center; and further providing for the close-
out of 32 completed school grants, with a net decrease of
30480-42291 was adopted by the Council
a regular meeting held on Monday, April
Sincerely,
Mary F. Parker, C7~IC/AAE
City Clerk
MFP:ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James M. Turner, Jr., Chairman, Roanoke City School
Board, P. O. Box 1689, Salem, Virginia 24153
Dr. Frank P. Torn, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. Barry L. Key, Manager, Office of Management and Budget
the 1990-91 Grant Fund
emergency.
WHEREAS, for the
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd Day of April, 1991.
No. 30480-42291.
AN ORDINANCE to amend and reordain certain sections of
Appropriations, and providing for an
Government of the
exist.
usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
BE IT ORDAINED by the Council of the City of
sections of the 1990-91 Grant Fund
same are hereby, amended and
THEREFORE,
Roanoke that certain
Appropriations, be, and the
reordained to read as follows,
in part:
Appropriations
Education
Eisenhower Math/Science Title II 91-92 (1-10)..
Parent Resource Center 91-92 (11-12) .............
Chapter I Winter 124-90-1 (13) ...................
Chapter I Summer 124-90-2 (14) ...................
Chapter I Carryover 124-90-3 (15) ................
Alternative Education 90 (16) ....................
Vocational Education Teen Parents 90 (17) ..........
Summer Youth Employment 90 (18) ....................
Transitional Services 89 (19) ......................
Child Development Clinic 90 (20) ...................
Child Specialty Services 90 (21) ...................
Juvenile Detention Home 90 (22) ....................
Special Education Interpreter Training (23) ........
Special Education Tuition 90 (24) ..................
Transitional Services 90 (25) ..................
Marketing Education Regional Coord. 90 (26) ....
Apprenticeship 90 (27) .......................
Adult Basic Education 90 (28) ...............
GED Testing 90 (29) .........................
SAT Preparation 89 (30) .....................
School Volunteer Program 90 (31) ............
Drug Free Schools 90 (32) ...................
Governor's School 90 (33) ......................
$17,045,103
· . 34,208
4,000
1,654,278
121,613
383,816
259,482
39,377
31,480
6,390
48,968
62,321
34,751
1,203
208,234
9715
43 407
106 616
131 190
6 363
2 493
28 000
34 479
637 434
Revenue
Education
Eisenhower Math/Science Title II 91-92 (34) .......
Parent Resource Center 91-92 (35) .................
Chapter I Winter 124-90-1 (36) ....................
Chapter I Summer 124-90-2 (37)
Chapter I Carryover 124-90-3
Alternative Education 90 (39) .....................
Vocational Education Teen Parents 90 (40) .........
Summer Youth Employment 90 (41) ...................
Transitional Services 89 (42) .....................
Child Development Clinic 90 (43) ..................
Child Specialty Services 90 (44) ..................
Juvenile Detention Home 90 (45) ...................
Special Education Interpreter Training
Special Education Tuition 90 (47) ......
Transitional Services 90 (48) ......................
Marketing Education Regional Coord. 90 (49) ........
Apprenticeship 90 (50) .............................
Adult Basic Education 90 (51) ......................
GED Testing 90 (52) ................................
SAT Preparation 89 (53) ............................
School Volunteer Program 90 (54) ...................
Drug Free Schools 90 (55) ..........................
Governor's School 90 (56) ..........................
$17,045
34
4
1,654
121
383
103
208
000
278
613
816
259 482
39 377
31,480
6,390
48,968
62,321
34,751
1,203
208,234
9,715
43,407
106,616
131,190
6,363
2,493
28,000
34,479
637,434
1) Math Curriculum
Development (035-060-6230-6308-0129) $ 8,915
2) Social Security (035-060-6230-6308-0201) 681
3) Math Conference
Attendance (035-060-6230-6308-0554) 3,360
4) Roanoke
Catholic
Tuition Costs (035-060-6230-6308-0587) 816
5) AIMS Books (035-060-6230-6308-0613) 5,500
6) Science Curr.
Development (035-060-6230-6311-0129) 8,915
7) Social Security (035-060-6230-6311-0201) 681
8) Science Conf.
Attendance (035-060-6230-6311-0554) 2,440
9) Science Tuition
Costs (035-060-6230-6311-0587) 900
10) Science Equip. (035-060-6230-6311-0821) 2,000
11) Contracted Svcs.(035-060-6591-6329-0313) 3,715
12) Social Security (035-060-6591-6329-0201) 285
13) Parent
Involvement (035-060-6127-6200-0585) 18,092
14) Supplements (035-060-6128-6549-0129) (17,736)
15) Elementary
Teachers
16) Teachers
17) Teachers
18) Teachers
19) Cont. Services
20) Consultant
21) Consultant
22) Consultant
23) Inservice Tng.
24) Tuition
25) Cont. Services
26) Health Insur.
27) Prof. Services
28) Teachers
29) Teachers
30) Cont. Services
31) Coordinator
32) Cont. Services
33) Teachers
34) Federal Grant
Receipts
35) Federal Grant
Receipts
36) Federal Grant
Receipts
37) Federal Grant
Receipts
38) Federal Grant
Receipts
39) Federal Grant
Receipts
40) Federal Grant
Receipts
41) Federal Grant
Receipts
42) Federal Grant
Receipts
43 State Grant
Receipts
44 State Grant
Receipts
45 State Grant
Receipts
46 Federal Grant
Receipts
47 State Grant
Receipts
48 Federal Grant
Receipts
49 State Grant
Receipts
50) Fees
51) Local Match
035-060-6129-6000-0121
035-060-6418-6100-0121
035-060-6419-6138-0121
035-060-6422-6138-0121
035-060-6569-6553-0313
035-060-6574-6554-0138
035-060-6575-6554-0138
035-060-6576-6454-0138
035-060-6578-6674-0587
035-060-6579-6329-0312)
035-060-6580-6553-0313)
035-060-6737-6333-0204)
035-060-6738-6138-0313)
035-060-6739-6450-0121)
035-060-6740-6550-0121)
035-060-6946-6447-0313)
035-060-6948-6663-0138)
035-060-6949-6306-0313)
035-060-6951-6107-0121)
035-060-6230-1102
035-060-6591-1102
035-060-6127-1102
035-060-6128-1102
035-060-6129-1102
035-060-6418-1102
035-060-6419-1102
035-060-6422-1102
035-060-6569-1102
035-060-6574-1100)
035-060-6575-1100)
035-060-6576-1100)
035-060-6578-1102)
035-060-6579-1100)
035-060-6580-1102)
035-060-6737-1100)
035-060-6738-1103)
035-060-6739-1101)
355)
8)
2,144)
2,877)
2,501)
562)
80O
2,251)
84)
8,234
2,189)
14)
1,069)
2,610)
637)
343
7,825)
290)
(17,566)
34,208
4,000
18,092
17,736)
355)
8)
2,144)
2,877)
2,501)
562)
800
2,251)
84)
8,234
(2,189)
14)
1,069)
2,610)
52) Fees (035-060-6740-1103) ( 637)
53) Contributions (035-060-6946-1103)
54) Federal Grant 343
Receipts (035-060-6948-1102) (7,825)
55) Federal Grant
Receipts (035-060-6949-1102) ( 290)
56) Fees (035-060-6951-1103) (17,566)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
April 22, 1991
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request for the Appropriation of Grant
Funds and Closeout of Grants
I have reviewed the attached request to appropriate
grant funding and to close out grants of the School Board. This
report will appropriate funding for two grants in the Grant Fund.
Both of these grants are funded with 100% federal funds. The
request to close grants is necessary since the grant programs
have been completed.
I recommend that you concur with this request of the
School Board.
JMS/pac
Attachment
'q~ James f~ Turner, Jr., Chairman
Sallye T. Colemon. Vice Chairman
Monlvn C. Curtis
K.,- Roanoke
City School Board
(2~des W.
Thomas L Orr
Ann D.
Velma n. Self
Frank P. Toro, Superintendent
Rlchozd L Kelley, Clerk of the Board
P.O Box 1310.5, Roanoke, Virginia 24.031 · 703-981-2381
April i0, 1991
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official action at its meeting of April 9, 1991, the
School Board respectfully requests City Council to appropriate funds to the
following school accounts:
Grant No. 6230- $34,208.00 for the Eisenhower Math/Science Title II
program to provide for the development of math and
science curriculum. The program will be one hundred
percent reimbursed by federal funds.
Grant No. 6591- $4,000.00 for the Parent Resource Center to provide
funding for the continued operation of the Special
Education Parent Resource Center. The program will
be one hundred percent reimbursed by federal funds.
The Board further requests City Council to close 32 completed school
grants with a net decrease of $33,249.
The approval of these requests will be appreciated.
rg
cc:
Sincerely,
Executive for Business Affairs
Mr. James M. Turner, Jr.
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy, Jr.
Mr. W. Robert Herbert
Wilburn C. Dibling
Joel M. Schlanger (with accounting details)
Excellence in Education
ROANCKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Eisenhower Math/Science Title II 91-92
6230
035-060-6230-6308-0129
035-060-6230-6308-0201
035-060-6230-6308-0554
035-060-6230-6308-0587
035 060-6230-6308-0613
035-060-6230-6311~0129
035-060-6230-6311-0201
035-060-6230-6311-0554
035-060-6230-6311-0587
035-060-6230-6311-0821
Appropriation Unit Z2R
Math Curriculum Development
Social Security
Math Conierence Attendance
Roanoke Catholic Tuition Costs
AIMS Books
Science Curriculum Development
Social Security
Science Conference Attendance
Science Tuition Costs
Science Equipment
$ 8,915.00
681.00
3,360.00
816.00
5,500.00
8,915.00
681.00
2,440.00
900.00
2,000.00
34,208.00
035-060-6230-1102
Federal Grant Receipts
$ 34,208.00
The Eisenhower Math/Science Title II program will provide for the development
of math and science curriculum. The program wlll be reimbursed one hundred
percent by federal funds and will end September 30, 1992.
April 9, 1991
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Parent Resource Center 91-92
6591
035-060-6591-6329-0313
035-060-6591-6329-0201
Appropriation Unit Y5K
Contracted Services
Social Security
$ 3,715.00
285.00
$ 4,000.00
035-060-6591-1102
Federal Grant Receipts
$ 4,0~00.00
The Parent Rescource Center Grant will provide funding [or the continued
operation of the Special Education Parent Resource Center. The program is one
hundred percent reimbursed by iederal funds. The program will end January 31,
1992.
April 9, 1991
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REOUEST TO CLOSE SCHOOL GRANTS
The thirty two school grants listed below have been completed and should be
closed. In order that appropriations, revenues and expenditures for each
grant may be equal, the net decrease in appropriation is necessary.
GRANT
NUMBER DESCRIPTION
035-060-6127
035-060-6128
035-060-6129
035-060-6223
035-060-6226
035-060-6418
035-060-6419
035-060-6422
035-060-6569
035-060-6570
035-060-6572
035-060-6573
035-060-6574
035-060-6575
035-060-6576
035-060-6577
035-060-6578
035-060-6579
035-060-6580
035-060-6737
035-060-6738
035-060-6739
035-060-6740
035-060-6813
035-060-6942
035-060-6946
035-060-6948
035-060-6949
035-060-6951
035-060-6952
035-060-6953
035-060 6954
Net Decrease
Chapter I Winter 124-90-1
Chapter I Summer 124 90-2
Chapter I Carryover 124-90-3
Chapter II 90
Staff Development Title II 90
Alternative Education 90
Vocational Education Teen Parents 90
Summer Youth Employment 90
Transitional Services 89
Parent Resource Center 90
Special Education Inservice 90
Flow Through 90
Child Development Clinic 90
Child Specialty Services 90
Juvenile Detention Home 90
Special Education Equipment 90
Special Education Interpreter Training
Special Education Tuition 90
Transitional Services 90
Marketing Education Regional Coord 90
Apprenticeship 90
Adult Basic Education 90
GED Testing 90
Artist in Education 90
Magnet School 89
SAT Preparation 89
School Volunteer Program 90
Drug Free Schools 90
Governor's School 90
Impact Aid 90
Grants Management 90
Project YES 90
INCREASE
DECREASE)
$ 18,092.00
17,736.00)
355.00)
8.00)
2,144.00)
2,877.00)
2,501.00)
562.00)
800.00
2,251.00)
84.00)
8,234.00
2,189.00)
14.00)
1,069.00)
2,610.00)
637.00)
343.00
7,825.00)
290.00)
17,566.00)
33,249.00)
PAGE
NUMBER
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
April 9, 1991 Page 1
ROk~OKE CITY SCHOOl, BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOl, GRANT
Chapter I Winter 124-90-1
6127
The ECIA Chapter I Winter program for fiscal year 1989-90 expended federal
funds in the amount oi $1,654,277.78 to provide reading, language arts and
mathematics instruction for students in targeted schools. The program ended
December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following increase in Appropriation Unit Z1N should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6127-6200-0585
Appropriation Unit Z1N
Parent Involvement
$ 18,092.00
035-060-6127-1102
Federal Grant Receipts $ 18,092.00
April 9, 1991
Page 2
ROANOKE CITY SCHOOb BOARD
Roanoke, Virginia
REQUEST TO CHOSE SCHOOL GRANT
Chapter I Summer 124-90-2
6128
The ECIA Chapter I Summer program expended federal funds in the amount of
$121,612.70 to provide reading, language arts and mathematics instruction for
students during the summer session. The program ended September 30, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Z1P should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6128-6549-0129
Appropriation Unit ZIP
Supplements $ (--17,736.00--)
035-060-6128-1102
Federal Grant Receip<s $ (17,736.00)
April 9, 1991
Page 3
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCBOOL GRANT
Chapter [ Carryover 124-90-3
6129
The ECIA Chapter I Carryover program for fiscal year 1989-90 expended federal
funds in the amount of $383,815.52 to provide reading, language arts and
mathematics instruction for students in targeted schools. The program ended
December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Z1N should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6129-6000-0121
Appropriation Unit
Elementary Teachers
$ ( 355.00)
035 060-6129-1102
Federal Grant Receipts $ ( 355.00)
April 9, 1991
Page 4
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Chapter II 1989-90
6223
The 1990 Chapter II Program expended federal funds in the amount of
$165,023.00 to provide for the improvement of teaching skills and for home
school counseling. The program ended December 31, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit Z2K should be closed.
April 9, 1991
Page 5
RO~J{OKE CITY SCHOOl, BOARD
Roanoke, Virginia
REQUEST TO CI~SE SCHOOl, GRANT
Staff Development Title II 1990
6226
The 1990 Staff Development Title II Program expended federal funds in the
amount of $4,599.46 to provide for staff development activities. The program
ended December 31, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit Z2N should be closed.
April 9, 1991
Page 6
RO~NOKE CITY SCIlOOb BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Alternative Education 89-90
6418
The 1990 Alternative Education program expended federal funds in the amount of
$74,984.00 and local match in the amount o[ $184,498.00 to provide instruction
and guidance services to secondary students who are at risk of leaving school
due to poor academic achievement. The program ended September 30, 1990.
In order that appropriations, expenditures and revenues [or the grant may be
equal, the following decrease in Appropriation Unit Z4J should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6418-6100-0121
Appropriation Unit Z4J
Teachers $ ( 8.00)
035-060-6418-1102
Federal Grant Receipts $ (
8.00)
April 9, 1991
Page 7
ROANOK~ CITY $CBOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE $CBOOL GRANT
Vocational Education Teen Parents 89-90
6419
The 1990 Vocational Education Teen Parents program expended federal funds in
the amount of $39,376.25 to provide vocational instruction to selected
students. The program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the ~ollowing decrease in Appropriation Unit Z4K should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6419-6138-0121
Appropriation Unit Z4K
Teachers $ (___2,144.00--)
035-060-6419-1102
Federal Grant Receipts $ ( 2,144.00)
April 9, 1991
Page 8
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Summer Youth Employment 1990
6422
The 1990 Summer Youth Employment program expended federal funds in the amount
of $31,479.96 to provide summer school and vocational training ior selected
students. The program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Z4N should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6422-6138-0121
Appropriation Unit Z4N
Teachers $ (2,877.00)
035-060-6422 1102
Federal Grant Receipts $ ( 2,877.00)
April 9, 1991
Page 9
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Transitional Services 1988-89
6569
The 1989 Transitional Services program expended federal funds in the amount
$6,389.62 to provide class placements for handicapped students entering the
school system. The program ended September 30, 1990.
In order that appropriations, expenditures and revenues tot the grant may be
equal, the following decrease in Appropriation Unit Z59 should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6569-6553-0313
Appropriation Unit Z59
Contracted Services
$ (__~, 501.00__)
035-060-6569-1102
Federal Grant Receipts $ 2,501.00)
April 9, 1991
Page 10
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCflOOL GRANT
Parent Resource Center
6570
The 1989 Parent Resource Center program expended federal funds in the amount
of $7,950.00 and donations in the amount of $50 to provide funding fox: the
operation of the Special Education Parent Resource Center. The program ended
September 30, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation units ZA5 and Z5A should be closed.
April 9, 1991
Page 11
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Special Education Inservice 89-90
6572
The 1989-90 Special Education Inservice program expended state funds in the
amount of $4,454.00 to provide inservice and training sessions for special
education staff. The program ended December 31, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit YSC should be closed.
April 9, 1991
Page 12
ROANOKE CITY SCHOOl, BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Flow Through 89-90
6573
The 1989-90 Flow Through proqram expended federal funds in the amount of
$510,252.00 and state funds in the amount of $169,127.00 to provide aid ior
the education and guidance oi handicapped students. The program ended
December 31, 1990.
Appropriations, expenditures and revenues ior the grant are equal.
Appropriation unit Y5D should be closed.
April 9, 1991
Page 13
ROANOKE CTTY SCHOOL BOARD
Roanoke, Virqinia
REQUEST TO CLOSE SCHOOL GRANT
Child Development Clinic 89-90
6574
The 1989-90 Child Development Clinic program expended state ~unds in the
amount of $48,967.46 to provide for the salarF and expenses of the consultant
at the clinic. The program ended September 30, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Y5E should be made,
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6574-6554-0138
Appropriation Unit Y5E
Consultant $ ( 562.00)
035-060-6574-1100
State Grant Recgipts $ ( 562.00)
April 9, 1991
Page 14
ROANOKE CITf SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Child Specialty Services 89-90
6575
The 1989-90 Child Specialty Services program expended state funds in the
amount of $62,320.60 to provide for the salary and expenses of the consultant
at the bureau. The program ended September 30, 1990.
In order that appropriations, expenditures and revenues (or the grant may be
equal, the following increase in Appropriation Unit YSF should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
DECREASE)
800.00
800.00
035-060-6575-6554-0138
Appropriation Unit Y5F
Consultant $
035-060-6575-1100
State Grant Receipts $
April 9, 1991
Page 15
ROANOKE CITY SCHOOL bOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Juvenile Detention ~ome 89-90
6576
The 1989-90 Juvenile Detention Home program expended state funds in the amount
of $34,750.30 to provide for the salary and expenses of the consultant at the
home. The program ended September 30, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Y5G should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6576-6454-0138
Appropriation Unit Y5G
Consultant $ (___2,251.00)
035-060-6576-1100
State Grant Receipts $ ( 2,251.00)
April 9, 1991
Page 16
ROANOKE CITY SCBOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Special Education Equipment 89-90
6577
The 1989-90 Special Education Equipment program expended federal funds in the
amount of $2,760.00 to provide equipment tot hearing impaired programs. The
program ended December 31, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit Y5H should be closed.
April 9, 1991
Page 17
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Special Education Interpreter Training
6578
The 1990 Special Education Interpreter Training program expended iederal funds
in the amount of $1,203.00 to train interpreters for the hearing impaired.
Phe program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit YSI should be made.
ACCOUNT NUMBER
035-060-6578-6674-0587
Appropriation Unit Y5I
DESCRIPTION
Inservice Training
INCREASE
DECREASE)
84.00)
84.00)
035-060-6578-1102
Federal Grant Receipts $
April 9, 1991
Page 18
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CHOSE SCHOOL GRANT
Special Education Tuition 1989-90
6579
The 1989-90 Special Education Tuition program expended state funds in the
amount of $208,233.14 to provide funding for the placement of special
education students at the direction of the State Department of Education.
program ended September 30, 1990.
The
In order that appropriations, expenditures and revenues for the grant may be
equal, the following increase in Appropriation Unit YSJ should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6579-6329-0312
Appropriation Unit YSJ
Tuition $ __8,234.00
035-060-6579-1100
State Grant Receipts $ 8,234.00
April 9, 1991
Page 19
ROANOKE CITY SCHOOB BOARD
Roanoke, Virginia
REOUEGT TO CLOSE SCHOOL GRANT
Transitional Services 1989-90
6580
The 1989-90 Transitional Services program expended federal funds in the amount
of $9,714.16 to provide class placements for handicapped students entering the
school system. 'The program ended September 30, 1990.
In order that appropriations, expenditures and revenues for the grant maF be
equal, the following decrease in Appropriation Unit Z3B should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6580-6553-0313
Appropriation Unit Z3B
Contracted Services
$ ( 2,189.00)
035-060-6580-1102
Federal Grant Receipts $ ( 2,189.00)
April 9, 1991
Page
RO/~OKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE $CBOOL GRANT
Marketing Education Regional Coordinator 89-90
6737
The 1989-90 Marketing Education Regional Coordinator program expended state
funds in the amount of $43,406.71 to provide for the expenses of the regional
coordinator. The program ended December 31, 1990.
tn order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Z7U should be made.
ACCOUNT NUMBER
035-060-6737-6333 0204
Appropriation Unit Z7U
DESCRIPTION
Health Insurance
INCREASE
DECREASE)
14.00)
14.00)
035 060-6737-1100
State Grant Receipts $
April 9, 1991
Page 21
ROANOKE CITY SCHOOh BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Apprenticeship 89-90
6737
The 1989-90 Apprenticeship program expended state ~unds in the amount of
$99,031.83 and iees in the amount of $7,583.47 to provide on-the-job and
classroom vocational instruction for students in the apprenticeship program.
The program ended December 31, 1990.
In order that appropriations, expenditures and revenues ~or the grant may be
equal, the ~ollowing decrease in Appropriation Unit Z7V should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6738-6138-0313
Appropriation Unit Z7V
Pro~essional Services $ (--1,069.00)
035 060-6738-1103
Fees $ (-1,069.00)
April 9, 1991
Page 22
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Adult Basic Education 89-90
6739
The 1989-90 Adult Basic Education program expended federal funds in the amount
of $131,189.27 and local match in the amount of $22,600.00 to provide for
adult basic education for persons who have not completed high school and for
the instruction of adults using recorded tapes accessed by telephone. The
program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Z7W should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6739-6450-0121
Appropriation Unit Z7W
Teachers $ (___2,610.00)
035-060-6739-1101
Local Match $ ( 2,610.00)
April 9, 1991
Page 23
ROANOKE CITY $CHOOb BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
GED Tenting 89-90
6740
The 1989-90 GED Testing program expended fees in the amount of $6,362.74 to
provide for instructors for the administration of the GED examinations. The
program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Z7X should be made.
ACCOUNT NUMBER
035-060-6740-6550-0121
Appropriation Unit Z7X
DESCRIPTION
Teachers
INCREASE
DECREASE)
$ 637.00)
035-060-6740-1103
Fees $
637.00)
April 9, 1991
Page 24
ROANOKE CITY $CHOOb BOARD
Roanoke, Viroinia
REQUEST TO CLOSE $CHOOb GRANT
Artist in Education 89-90
6813
The 1989-90 Artist in Education program expended federal funds in the amount
of $10,000.00 and local match in the amount ot $15,000.00 to provide for the
enhancement of the district's arts program. The program ended December 31,
1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit ZSG should be closed.
April 9, 1991
Page 35
ROANOKE CITY SCHOOb BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Magnet School 1988-89
6942
fhe 1988-89 Magnet School program expended federal funds in the amount of
$1,688,458.00 to provide for the operation of the Magnet Schools for the
performing and visual arts, future skills technology and communications and
media arts. The program ended December 31, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit Z97 should be closed.
April 9, 1991
Page 26
ROANOKE CITY SCHOOb BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
SAT Preparation 1988-89
6946
The 1988-89 SAT Preparation program expended contributions in the amount of
$2,492.71 to provide instruction for the Scholastic Aptitude Test. The
program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following increase in Appropriation Unit Z98 should be made.
ACCOUNT NUMBER
035-060-6946-6447-0313
Appropriation Unit Z98
DESCRIPTION
Contracted Services
INCREASE
DECREASE)
343.00
343.00
035-060-6946-1103
Contributions S
April 9, 1991
Page 27
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO C~OSE SCHOOL GRANT
School Volunteer Program 1988-89
6948
The 1988-89 School Volunteer program expended federal funds in the amount of
$28,000.00 to operate the volunteer program. The program ended December 31,
1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Y9A should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6948-6663-0138
Appropriation Unit Y9A
Coordinator $ (7,825.00)
035-060-6948 1102
Federal Grant Receipts $ ( 7,825.00)
April 9, 1991
Page 28
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Drug Free Schools 1988-89
6949
The 1988-89 Drug Free Schools program expended federal revenue in the amount
of $34,478.85 to provide for the operation of a community-wide alcohol and
drug prevention program. The program ended December 31, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Y9B should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6949-6306-0313
Appropriation Unit Y9B
Contracted Services
$ ( 290.00)
035-060-6949-1102
Federal Grant Receipts $ ( 290.00)
April 9, 1991
Page 29
ROANOKE CITY SCHOOh BOARD
Roanoke, Virginia
REQUEST TO CHOSE SCHOOL GRANT
Governor's School 89-90
6961
The 1989-90 Governor's School proqram expended state Sunds in the amount oS
$257,833.06, fees from other divisions in the amount of $210,600.00 and local
match in the amount oS $169,000.00 to provide science and math instruction to
high school students from the area surrounding and including Roanoke City.
The program ended September 30, 1990.
In order that appropriations, expenditures and revenues for the grant may be
equal, the following decrease in Appropriation Unit Y9D should be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6951-6107-0121
Appropriation Unit Y9D
'reachers $ (17,566.00)
035-060-6951-1103
Fees
$ ( 17,566.00)
April 9, 1991
Page 30
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO C1~35E SCHOOL GRANT
Impact Aid 1989-90
6952
The 1989-90 Impact Aid program expended federal funds in the amount of
$53,169.00 to provide for the continuing employment of the Coordinator of
Grants and Research. The program ended September 30, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit Y9E should be closed.
April 9, 1991
Page 31
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE SCHOOL GRANT
Grants Management 89-90
6953
The 1989-90 Grants Hanagement program expended federal funds in the amount of
$30,575.00 to provide clerical services for the Office of Grants and
Development. The program ended September 30, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit ¥9F should be closed.
April 9, 1991
Page 32
ROANOKE CITY 8CROOL BOARD
Roanoke, Virginia
REQUEST TO CHOSE SCHOOL GRANT
Project YES 1989-90
6954
The 1989-90 Project YES expended state funds in the amount of $212,882.00 to
identify, assess, evaluate and provide assistance for at-risk students who
were potential dropouts. The program ended September 30, 1990.
Appropriations, expenditures and revenues for the grant are equal.
Appropriation unit Y9G should be closed.
April 9, 1991
Page 33
Office of fi~e Ci~ Monoger
April 22, 1991
Honorable Mayor Noel C. Taylor
and Members of City Council
Roanoke, Virginia
Dear Mayor Taylor and Council Members:
Subject: Church Avenue Parking Facility
This is to request an opportunity at your meeting on Monday, April 22,
1991, to brief City Council on the recommended renovations to the pedestrian
plaza between Church Avenue and Franklin Road which are proposed to be
included in the bids for the parking garage project near the City's No. 1 Fire
Station. The Roanoke Redevelopment and Housing Authority is advertising the
work for bids which are tentatively due May 21, 1991.
Sincerely,
W. Robert Herbert
City Manager
WRH:WFC:pr
CC:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk
Mr. William F. Clark, Director of Public Works
Room 364 Municipal Building 2 t5 Church Avenue. 5.W. Roanoke~ Virginia 24011 (703) 98'1-2333
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W. Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
April 24, 1991
SANDRA H, EAKIN
Deputy C~ty Clerk
File #236
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending that Council gchedule a public hearing
on the propoged 1991-1992 Community Development Block Grant
Program, was before the Council of the City of Roanoke at a regu-
lar meeting held on Monday, April 24, 1991.
On motion, duly seconded and adopted, Council concurred in the
recommendation and authorized a public hearing to be held on
Monday, May 13, 1991, at ?:30 p.m., or ag goon thereafter as the
matter may be heard.
Sincerely,
Mary F. Parker, C~IC/AAE
City Clerk
MFP:ra
pc: Mr. William P. Clark, Director of Public Works
Mr. John R. Marlles, Chief of Community Planning
Mr. Charier M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. Brian J. Wi shneff, Chief of Economic Development
Mr. James D. Ritchie, Director of Human Resources
Ms. Marie T. Pontius, Grants Monitoring Administrator
Roanoke, Virginia
April 22, 1991
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request for Public Hearing On Proposed 1991-1992
Community Development Block Grant Program
I. Background:
City of Roanoke. receives a__n annual entitlement from the
U.S. Department of Housing and Urban Development (HUD)
in the form of a Community Development Block Grant
(CDBG).
HUD representatives informed City staff that Roanoke's
CDBG entitlement will be $1,'767,000 for the City's
fiscal year 1991-1992, an increase of $204,000 over FY
91 funding. Additionally, revenue is estimated to be
available from the following sources for FY 92:
$628,213 estimated program income generated from
prior CDBG programs, and
$235,000 transferred from prior grant entitlement
years.
Two public meetings have been held to hear citizens'
recommendations, on January 15, 1991 and April 18, 1991.
II. Current Situation:
Council will be briefed by City Manager on May 6, 1991
at regularly scheduled City Council meeting, on
recommended activities for the FY 1991-1992 CDBG
program.
Citizen participation requirements call for an evening
public hearing by City Council prior to submission of
CDBG Statement of Objectives (application) to HUD.
City is required by HUD to publish Draft Statement of
Objectives in newspaper. A summary version will
appear in the Neighbors section of The Roanoke Times and
World News on Thursday May 2, 1991.
III. Recommendation:
Recommend City Council schedule Community Development Block
Grant public hearing on May 13, 1991, at 7:30 p.m. in Council
Chambers.
WRH:mtp
CC.
Respectfully submitted,
W. Robert Herbert
City Manager
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Resources
Chief of Economic Development
Chief of Community Planning
City Engineer
Building Commissioner
Grants Monitoring Administrator
F:HEARING.RPT
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
April 24, 1991
SANORA It, EAKIN
Deputy C~ty Clerk
File #24A-184-190
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30482-42291 amending and
reordaining subsection (b) of §2-41. Military Leave, Code of the
City of Roanoke (1979), as amended. Ordinance 1¢o. 30482-42291
~s adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, April 22, 199I, and shall be in full
force and effect retroactive to August 1, 1990.
Sincerely, :i~(-.
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc: The
The
Honorable Roy B. Willett, Chief Judge, Circuit Court
Honorable Clifford R. Weckstein. Judge, Circuit Court
The Honorable Diane M. Strickland, Judge, Circuit Court
The Honorable Kenneth E. Trabue, Judge, Circuit Court
305 East Main Street, Salem, Virginia 24153
The Honorable O. O. Clemens, Judge, Circuit Court, P. O. Box
1016, Salem, Virginia 241~3
The Honorable Philip Trompeter, Chief Judge, Juvenile and
Domestic Relations District Court
The Honorable Fred L. Hoback, Jr., Judge, Juvenile and
Domestic Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and
Domestic Relations District Court
The Honorable Edward S. Kidd, Jr.. Chief Judge, General
District Court
Mr. W. Robert Herbert
April 24, 1991
Page 2
pc:
The Honorable Julian H. Raney, Jr., Judge, General District
Court
The Honorable Richard C. Pattisal, Judge, General District
Court
The Honorable Donald S. Caldwell, Conrmonwealth~s Attorney
The Honorable Patsy Testerman, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations
District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. James D. Ritchie, Director of Human Resources
Mr. Kenneth S. Cronin, Manager, Personnel Management
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest
Virginia Building, Roanoke, Virginia 24011
Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box
13867, Roanoke, Virginia 24037
Ms. Clayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President Supplements, Municipal.
Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd Day of April, 1991.
No. 30482-42291.
AN ORDINANCE to amend and reordain subsection (b) of §2-41.
Military Leave, Code of the City of Roanoke (1979), as amended; and
providing for an emergency and an effective date.
BE
1. Subsection (b) of
Roanoke (1979), as amended,
and provide as follows:
IT ORDAINED by the Council of the City of Roanoke that:
~2-41, Military Leave, Code of the City of
is hereby amended and reordained to read
§2-41.
Miliary Leave.
(b) Any employee of the City who is a former
member of the armed services or a member of the
organized reserve forces of any of the armed ser-
vices of the United States, National Guard, or
naval militia shall be entitled to leaves of ab-
sence from his duties, without loss of seniority,
accrued leave or efficiency rating on all days
during which he shall be engaged in federally
funded military duty, to include training duty,
or when called forth by the Governor pursuant to
the provisions of ~44-75.1 or ~44-78.1, Code of
Virginia. There shall be no loss of pay during
such leaves of absence, except that paid leaves
of absence for federally funded military duty,
to include training duty, shall not exceed fifteen
(15) workdays per federal fiscal year, and except
that no employee shall receive paid leave for more
than fifteen (15) workdays per federally funded
tour of active military duty.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect retroactive to August 1, 1990.
ATTEST:
City Clerk.
MARY F. PARKER
City Cleric
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S w, Room 456
Roanoke, Virg~ma 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Depu:y C~ty Clerk
File #184-190
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30481-42291 authorizing
payment of supplementary compensation and restoration of certain
benefits to employees serving in Operation Desert Shield/Storm.
Resolution No. 30481-42291 was adopted by the Council of the C~ty
of Roanoke at a regular meeting held on Monday, April 22, 199~
Sincerely, ~~
Mary F. Porker, CMC/AAE
City Clerk
MFP : ra
Eric,
pC:
~r. George C. Snead, Jr., Director of Administration
Public Safety
Mr. William P. Clark, Director of Public Works
~r. Kit B. Kiser, Director of Utilities and Operations
Mr. James D. Ritchie, Director of Human Resources
Mr. Kenneth S. Cronin, ~lanager, Personnel Management
and
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd Day of April, 1991.
No. 30481-42291.
A RESOLUTION authorizing payment of supplementary compensation and
restoration of certain benefits to employees serving in Operation
Desert Shield/Storm.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City shall pay to any City employee who, between November
14, 1990 and January 1, 1992, is called to active duty related to
Operation Desert Shield/Storm a supplement equal to the difference
between regular City salary and military base pay plus any other com-
pensation received for such service. This supplement shall not be
paid for any days that regular City salary must be paid to such
employees.
2. Any City vacation leave used by such employees during active
duty related to Operation Desert Shield/Storm shall be restored.
3. Each such employee shall be deemed to have earned City vaca-
tion leave for the period of such active duty in the same manner as if
such employee had remained in service with the City.
4. For each such employee who returns to service with the City
within seven (7) working days of the conclusion of such active mili-
tary duty, the City shall pay the City portion of the health and den-
tal benefit premiums necessary to provide coverage for the employee
effective upon the date of return to service with the City.
ATTEST:
City Clerk.
April 22, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: SPECIAL POLICY FOR MILITARY ~ESERVISTS -
ACTIVE DUTY RELA'£KD TO OPERATION DESERT SHIELD/STORM
I. BACKGROUND
ae
Military Leave policy, Section 2-41 of the Code of
City of Roanoke (1979) as amended and Personnel
Operating Procedure #21, authorizes paid leave for
annual training but not other forms of active duty.
the
Be
Returning veterans' rights include no loss of service
credit, certain benefits and re-employment in a similar
job.
Reservists Called to Active Duty related to Operation
Desert Shield/Storm:
Name Job Date Inactive
With City
1. Christopher Atkins
2. Thomas Bandy
3. William Latham
4. Jeffrey Shawver
5. Mark Nelson
6. James Brabham
Police Officer
Police Officer
Police Officer
Mech/Plumb. Insp
Paramedic
Corporal Deputy
11/30/90
12/02/90
01/22/91
12/04/90
11/26/90
01/22/91
De
City Council on February 4, 1991 requested the City
Manager report on the possibility of continuing
salaries of military reservists or funding the
difference between City and military salaries.
General Assembly recently mandated that state and local
governments provide paid leave days for federally
funded military duty including annual training not to
exceed fifteen days per federal fiscal year. This
legislation is effective April 3, 1991 and applies
retroactively to August 1, 1990.
II.
CURRENT SITUATION
A. Return to City service has occurred for two of the
aforementioned reservists.
B. Jobs being held for all reservists to return to the
same job with the City of Roanoke.
Honorable Mayor and City Council
Page 2
Ce
Retirement credit is continuing to accumulate for
reservists as if they were still employed in their
jobs.
Health insurance reenrollment may be secured by
returning reservists with no waiting period for
preexisting conditions.
Section 2-41 of the Code of the City of Roanoke (1979)
as amended needs to be revised to reflect General
Assembly action requiring the City to pay employees for
federally funded military duty to include training duty
up to 15 days per federal fiscal year.
III. ISSUES
Making reservists whole in that pay and benefits be no
less than if they had been working continuously for the
City.
Compensation be within legal parameters as required by
the Commonwealth of Virginia.
C. Cost be affordable to the City.
D. Funding be available.
E. Duration of this policy be limited.
IV. ALTERNATIVES ARE:
ae
Approve supplemental pay for military reservists for
active duty related to Operation Desert Shield/Storm.
1. Making reservists whole is accomplished.
Compensation be within legal parameters is
satisfied.
Cost is estimated at $18,000 - $40,000 depending
upon reservists pay and time on active duty.
4. Funding is identifiable in personnel lapse.
Duration of this policy is limited to January 1,
1992.
Do not approve supplemental pay for military reservists
for active duty related to Operation Desert
Shield/Storm.
1. Making reservists whole is not accomplished.
2. Compensation be within legal parameters is
satisfied.
Honorable Mayor and City Council
Page 3
3. Cost is not an issue.
4. Funding is not an issue.
5. Duration is not an issue.
V. RECO~4ENDATION
Pay employees listed in I. C. and other reservists who
are called to active duty related to Desert Storm a
supplement equal to difference between regular City
salary and military base pay plus any other
compensation received for service related to Operation
Desert Shield/Storm. Supplement will not be paid for
any days that regular City salary must be paid to such
employees. The supplement shall be paid as promptly as
possible after employee returns to City job, submission
of Special Return from Military Duty form and receipt
of any other necessary documentation.
Restore any vacation time used to continue City pay for
Operation Desert Shield/Storm service.
Add vacation leave that would have accrued to the
employee's leave balance upon return to City service.
City portions of health care and dental premiums will
be paid for such time necessary to provide coverage for
the employee effective upon the date of return to City
service. This benefit shall be granted to employees
that return to their City job within seven working days
from the end of active military duty.
Method to accomplish A through C above is
completion of the attached Special Return
Duty Form.
reservist's
from Military
Effective dates of this special policy shall be
November 14, 1990 through January 1, 1992.
Revise the Code of the City of Roanoke (1979) as
amended to follow state law and provide paid military
leave for up to 15 days of federally funded military
duty to include training duty.
WRH: jh
Respectfully submitted,
W. Robert Herbert
City Manager
SPECIAL RETURN FRO~ MILITARY D~rY
NAME:
SOCIAL SECURITY NUMBER:
DEPARTMENT:
JOB TITLE:
DATE ACTIVE (WITH MILITARY)
DISCHARGE DATE (FROM MILITARY)
MILITARY BRANCH:
RANK:
TOTAL BASE PAY RECEIVED
COMPENSATION OTHER THAN BASE PAY:
TYPE
(FROM MILITARY):
(PLEASE LIST)
AMOUNT
(ATTACH ORDERS)
(ATTACH DD214)
(ATTACH LEAVE AND EARNINGS STATEMENTS FOR ALL MONTHS ACTIVE DUTY)
THE ABOVE INFORMATION IDENTIFIES TIME OF MILITARY SERVICE AND ALL
REMUNERATION RECEIVED FOR SUCH SERVICE.
FURTHER, I AUTHORIZE THE RELEASE TO THE CITY OF ROANOKE OF
RECORDS RELATED TO MY MILITARY PAY FOR OPERATION DESERT SHIELD/
STORM.
SIGNED:
DATE:
CITY USE ONLY
ANNUAL BASE SALARY:
DATE INACTIVE:
DATE ACTIVE:
APPROVED:
APPROVED:
Director, Council Appointed,
Constitutional Officer
City Manager
Date
Date
MARY f. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W. Room 456
Roanoke, Virgima 24011
Telel)hone: (703) 981-25/11
April 24, 1991
SANDRA H. EAKIN
Delouty C~ty Clerk
File #5
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30483-42291 authorizing an
Extraterritorial Arrest Agreement to be entered into between the
City and Roanoke County to provide for extraterritorial arrest
power when certain offenses are eorrrnitted in the presence of an
on-duty officer in the City of Roanoke Police Department-in
Roanoke County or an officer of the Roanoke County Police
Department in the City of Roanoke. Ordinance No. 30483-42291 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, April 22, 1991.
Sincerely,
Mary F. Parker, CRiC/AAE
City Clerk
MFP:ra
Eric.
pc: Mr. George C. Snead, Jr., Director of
Public Safety
Mr. M. David Hooper, Chief of Police
Administration and
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue~ S W. Room 456
Roanoke, Virglma 24011
Telephone: (70])981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #$
Mr. Elmer C. Hodge
Roanoke County Administrator
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Mr. Hodge:
I am enclosing copy of Ordinance No. 30483-42291 authorizing an
Extraterritorial Arrest Agreement to be entered into between the
City and Roanoke County to provide for eztraterritorial arrest
power when certain offenses are conanitted in the presence of an
on-duty officer in the City of Roanoke Police Department in
Roanoke County or an officer of the Roanoke County Police
Department in the City of Roanoke. Ordinance No. 30483-42291 ~as
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, April 22, 1991.
Sincerely, ~~
~lary F. Parker. CMC/AAE
City Clerk
MFP:ra
Enc.
pc:
Ms. Mary H. Allen, Clerk, Roanoke County Board of
Supervisors, p. O. Box 29800, Roanoke, Virginia 24018-0798
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roanoke. Virgima 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #5
Mr. Paul M. Mahoney
Roanoke County Attorney
P. O. Bo~ 29800
Roanoke, Virginia 24018-0798
Dear Mr. ~ahoney:
I am enclosing copy of Ordinance No. 30483-42291 authorizing an
E~traterritorial Arrest Agreement to be entered into between the
City and Roanoke County to provide for eztraterrltorlai arrest
power when certain offenses are con~itted in the presence of an
on-duty officer in the City of Roanoke Police Department in
Roanoke County or an officer of the Roanoke County Police
Department in the City of Roanoke. Ordinance No. 30483-42291 ~as
adopted by the Council of the City of Roanoke at a regular.
meeting held on ~onday, April 22, 1991.
Sincerely, ~~
~Jary F. Parker, CR~C/AAE
City Clerk
MFP:ra
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roanoke. Vrrg~ma 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #5
Mr. John ~. Cease
Roanoke County Chief of Police
3568 Peters Creek Road, ~. W.
Roanoke, Virginia 24019
Dear Mr. Cease:
I am enclosing copy of Ordinance No. 30483-42291 authorizing an
Extraterritorial Arrest Agreement to be entered into between the
City and Roanoke County to provide for extraterritorial ar Past
power when certain offenses are eortmitted in the presence of an
on-duty officer in the City of Roanoke Police Department in
Roanoke County or an officer of the Roanoke County Po/ice
Department in the City of Roanoke. Ordinance No. 30483-42291 was
adopted by the Council of the City of Roanoke at a regular
meeting held on ~onday, April 22, 1991.
Sincerely,
City Clerk
.MFP : ra
Enc.
IN THE COUNCIL OF THE CITY OF' ROANOKE,
The 22nd Day of April, 1991.
No. 30483-42291.
VIRGINIA,
AN ORDINANCE authorizing an Extraterritorial Arrest Agreement to be
entered into between the City and Roanoke County to provide for extra-
territorial arrest power when certain offenses are committed in the
presence of an on-duty officer of the City of Roanoke Police Department
in Roanoke County or an officer of the Roanoke County Police Department
in the City of Roanoke; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager, or the Assistant City Manager, is
hereby authorized, for and on behalf of the City, to enter into an
Extraterritorial Arrest Agreement between the City and Roanoke County,
Virginia, dated March 4, 1991, a copy of which is attached to the
report of the City Manager, dated April 22, 1991, providing that an
officer of the Roanoke City Police Department in Roanoke County, except
in the Town of Vinton, or an officer of the Roanoke County Police
Department in the City of Roanoke shall possess extraterritorial arrest
power when certain enumerated offenses are committed in the presence of
any such officer while on duty, and upon such other terms and conditions
as are provided therein.
2. In order to provide for the usual daily operation of the munici-
pal 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
April 22, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Extraterritorial Arrest Agreement
(Amendment)
I. Background
october 23, 1985, the City and County of Roanoke entered
into an agreement to bestow extraterritorial arrest powers
upon city's police officers and county's sheriff's deputies.
July 1, 1990, Roanoke County established a police department
to serve law enforcement needs of the County, thus removing
the function from the County Sheriff's Department.
Roanoke County has proposed amendment to update 1985
agreement.
II. Current Situation
Current agreement is subject to misinterpretation since it
refers to the Roanoke County Sheriff's Department Deputies
and not Roanoke County Police Officers.
City Council's authority to enter this agreement provided
in Sec. 15.1-159.7, Code of Virginia (1950) as amended.
III. Issues
A. Legal
B. Enforcement
C. Cooperation of governments
IV. Alternatives
Amend the Extraterritorial Arrest Agreement as proposed by
County officials to delete references to Roanoke County
Sheriff's Deputies and:
a)
Amend the definition of "Officer" to mean any
Roanoke County Police Officer, rather than any
Deputy Sheriff.
b)
Expand Sec. 2.b of the agreement to conform with
recent revisions to Title 46.2 of the State Code
(Reckless Driving).
City Council
.Page 2
3.pril 22, 1991
Legal authority for this alternative is provided in
Sec. 15.1-159.7, Code of Virginia (1950), as amended.
2. Enforcement effectiveness will be retained.
3. Cooperation of governments will be enhanced.
Be
Do not amend the existing Extraterritorial Arrest Agreement
to expand the definition of "officer" to include any Roanoke
County Police Officer.
Legal validity of arrests pursuant to the agreement
are jeopardized.
2. Enforcement effectiveness will be impaired.
3. Cooperation of governments will not be enhanced.
V. Recommendation
Council adopt Alternative A by authorizing the City Manager
to execute the attached amended agreement with Roanoke County
officials.
Respectfully submitted,
W. Robert Herbert
City Manager
MDH:mr
attachment
cc:
Elmer C. Hodge, County Administrator
Paul M. Mahoney, County Attorney
Chief John Cease, County Police
T~IS AGREEMENT, made and entere~ into this _ day of July,
1990, by end between the CITY OF ~OANOKE, VIRGINIA, a municipal
corporation of the Commonwealth of Virginia, hereinafter referred
to as "City,- and ROANOKE CODNTY, VIRGINIA, a political subdivision
of the Commonwealth of Virginia, hereinafter referred to as
"County. -
WI TNE S SETH
WHEREAS, the City and the County enter~ into an Agreement
dated the 23rd day of October, 1985, to bestow extra-territorial
arrest powers upon their officers and deputies~ end
WHEREAS, it is now necessary to amend said Agreement to
recognize the creation of the Roanoke County Police Department and
its replacement of the Roanoke County Sheriff,s Department for la~
enforcement purposes; and
WHEREAS, officers of the City of Roanoke Police Department
have occasion during the course of their employment aa City police
officers to be in Roanoke County, end officers of the Roanoke
County Police Department have occasion during the course of their
employment as officers to be in the City of Roanoke~
WHEREAS, it is the intent of the City and the County to bestow
extraterritorial arrest pOWers upon such officers who while on duty
outside the corporate boundaries of the political subdivision which
employees the~ coincidentally observe certain offenses committed
in their presence, without the creation of any additional liability
for the ~olitioal s~bdivision where the arrest occurs or its
officers and employees~ end
WHEREAS, §15.1-159.?, Code cf Virginia (1950), as a~ended,
provides that the governing bodies of counties, cities end to.ns
whose boundaries are contiguous ny by proper resolutions of such
governing bodies enter in and become a party to agreements fort he
mutual protection of all parties to such agreements by ~he use of
their joint police forces, their equipment and materials all for
their mutual protection, defense and the maintenance of peace and
good order;
NOW, THEREFORE, for and in consideration of the undertakings
of the parties to this Agreement, the City and the County covenant
and agree, each with the other as follows:
1. ~B~II~. As used in this Agreement, the following
words and phrasee shall have the meanings ascribed to them in this
section=
Virginia.
The word 'City- shall mean the City of Roanoke,
~. The word "County- ~hall mean County of Roanoke,
Virginia.
Extraterritorial arrest Dowe~. The term 'extraterritorial
arrest power- shall mean the right, power end authority of en
officer of the City of Roanoke Police Department in Roanoke County
or an officer of the Roanoke County Police Department in the City
of Roanoke to stop and effect arrests and otherwise enforce the law
with the respect to specific crimes and offenses set out in Section
2 of this Agreement when such crimes end offenses are committed in
the presence of such officer.
~. The word 'officer- shall mean eny sworn officer of
the City of Roanoke Police Department or any sworn officer of the
Roanoke County Police Department.
~_~l~;~. The ten ~on duty~ shall mean working a(regularly)
scheduled tour of duty with the employing law enforcement agency.
~1~_~9_~. The term ~State Code~ shall mean t/re Code of
Virginia (1950), as amended.
2. Extraterritorial Arrest Po~.. A City officer in the
County, except in the Town of Vinton, or a County officer in the
City shall possess extraterritorial arrest power while on duty when
any of the following offenses shall be committed in the'presence
of such officer:
a. Driving under the influence under Article 2,
Motor Vehicle. etc.. ~hile Intoxicat~.., of Chapter 7,
Aaalnst Health and Safety, of Title 18.2, Crimes and offense-
~, of the State Code.
b. Reckless driving pursuant to ~46.2-852, ~,,~,~.~[~
~~L~ §46.2-853, Driving Vehicle when not under
~L~; §46.2-854, Paesina on or at the crest of a ~ade
~-;1--g~L;~I §46.2-855, Drivina with driver,s view obetru~ed oL
g~~~ §46.2-856, Paseina two V~hiclee abreas~I §46.2-
857, Drivina two sbt*set in a sinale la~ ~ ~46.2-858, ~
a railroad arade croeei~=I §46.2-859, Passina a stonued s~-ol~u
§46.2-860, Failina tO aive ProPer siena] ; §46.2-861, ~
fast for hiahwav and traffic conditio~ §46.2-862, ~
1/~t~ §46.2-863, Failure to yield r~aht of wa~ §46.2-864,
Reckless drivina on Darkin~ lots. etc.~ §4~.2-866, ~
~--~LF~ of the State Code.
c. Hit and run pursuant to §46.2-894, Duty of driver to
stop. etc.. in event of accident involvina inturv or death
damaae to attended Droner~y, of the State Code.
d. Driving without operator's license pursuant to 146.2-
301, Drivin~ while license. Der~it. or urivileae to driv-
suspended or revok-~, of the State Code.
e. Habitual offender offenses pursuant to Article 9,
Habitual Offender~, of Chapter 3, Licensure of Driver~, of Title
46.2, ~.~~, of the State Code.
Any officer effecting or attempting to effect an extraterritorial
arrest Under or pursuant to this Agreement shall have the same
rights, powers and authorities aa he would possess in ~aking or
attempting to make an arrest in the political subdivisione~ploying
him under similar circumstances. Nothing in this agreement shall
be construed as requiring an officer to effect an extraterritorial
arrest.
3. ~. Any officer making an extraterritorial
arrest shall forthwith give notice of such fact by filing a written
report, enumerating the name of the person arrested, the offense
and time, place and Particulars of the offense, with the law
enforcement agency in the Jurisdiction where the arrest occurred.
4. Mutual indAm-tficatio~.
a. The City agrees to indemnify and hold harmless the County
and its officers, agents and employees from any and all claims,
legal actions and judgments advanced against the CoUnty and its
officers, agents and employees and for any eXpensem the County may
incur in this regard arising out of the intentional acts and
negligent acts or omissions~regardarising out of intentional acts
and negligent acts or omissions~of any officer, as defined by
Section i of this Agreement, arising under or pursuant to this
Agreement.
b. The County agrees to indemnffyand hold harmleesthe City
and its officers, agents and employees from any and all claims,
legal actions and judgments advanced against the City a~d its
officers, agents and employees and for any expenses the city may
incur in this regard arising out of intentional acts and nngligent
acts or omissions of any officer, as defined by Section i of this
Agreement, arising under or pursuant to this Agreement.
5. OPerational nolici~-. A~y officer effect~ng an
extraterritorial arrest shall comply with the operational policies
of his own department. The City and County agree to hold their ~
officers, respectively, responsible and accountable for complience
with operational policies of the employing department.
6. No effect on existina __~c~_~-. This Agreement shall not
supersede, restrict, 1/~it or otherwise impair or affect
extraterritorial arrest powers already existing pursuant to §§15.1-
131, 15.1-131.1, 15.1-131.5, 19.2-77, 19.2-249, 19.2-250 end other
sections of the State Code of any authority or power existingunder
the Roanoke Charter of 1952.
7. Riahts of officerg. While acting under or pursuant to
this AgreementanFc~tyofficer in the County or any County officer
in the City shall have all the ~nmunitiee from l~abilities and
exemptions from laws, ordinances and regulatione andshall have all
the pension, relief, disability, Workers* Compensation and other
benefits enjoyed by him while performing hie respective duties
within the territorial limits of his politic&l subdivision.
8. ~9-J~t~. This agreement shall not be construed as
requiring any City officer to ac~ in the county or any County
officer to act in the city upon request to supplement or replace
routine patrol or enforcement activities.
9. Loss or damaae to e~uinment. The City shall have no
liability for any destruction, loss or damage of any County-oWned
motor vehicle, equipment or personal property andthe County shall
have no liability for any destruction, loss or damage of any City-
oWned motor vehicle, equipment or personal property in the exercise
of extraterritorial arrest power under or pursuant to this
Agreement.
10. ~&ILt~L~q~. This Agreement shall not be construed to
impair or affect any sovereign or goverrmental i~munityor official
immunity that may otherwise be availehle to the City or any
officer, agent or employee of the City or to the County or any
officer, agent or employee of the County.
11. ~t~9~. Either party to this Agreement shall have
the right to terminate this Agreement, with or without cause, by
giving written notice to he chief administrative officer of the
other party by certified mail, return receipt requested. Any
termination shall be effective ten (10) days after receipt of
notice of termination.
12. Completeness of Aareemen~. ThisAgreement represents the
entire and integrated Agreementbetweenthe City and the County and
supersedes all prior negotiations, representations or agreements,
either oral or written. This Agreement may be emended only by
written instrument signed by au~horized representative of the City
and County.
13. ~/1~. A~y word importing the masculine gender used in
this Agreement may extend to and be applied to females as well as
males.
14. ~. This Agreement shall be effective on and
after ^C.
IN WITNESS WHEREOF the City has caused this Agreement to be
signed and attested on behalf of the City, by the City Manager and
City Clerk, respectively, and the County has caused this agreement
to be signed by the County Administrator and attested by the Clerk
of the Board.
Approved as to form: CITY OF ROANOKE, VIRGINIA
Wilburn C. Dibling
City Attorney
ATTEST:
By
W. Rober~ Herbert
cityManager
Mary F. Parker
City Clerk
Approved as to form=
COUNTY OF ROANOKE
Paul M. Mahoney
county Attorney
ATTEST:
By
Mr. Elmer C. Hodge
County ~inistrator
Mary H. Allen
Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, Virgima 24011
Telept~one: (703) 981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #169-67
Ms. Wendy Turner
Executive Director
Festival in the Park, Inc.
P. O. Box 8276
Roanoke, Virginia 24014
Dear Ms. Turner:
I am enclosing four copies of Resolution No. 30484-42291
authorizing a revocable permit to Festival-in-the-Park, Inc., to
hang certain banners from City traffic signal poles in the down-
town area, upon certain terms and conditions. Resolution No.
30484-42291 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 22, 1991, and shall be in
full force and effect at such time as a copy of said Resolution,
duly signed, sealed, attested and acknowledged by the Permitter
has been filed in the Office of the City Clerk.
Please sign and return three copies of Resolution No. 30484-42291
to the City Clerk's Office, Room 456, Municipal Building,
Roanoke, Virginia 24011, as well as your certificate of public
liability insurance in amounts deemed satisfactory by the City
Manager.
MFP: re
Sincerely,
~ory F. Parker, C~4C/AAE
City Clerk
Eric o
pc:
Mr. F. P. Webster Day, President, Festival in the Park, Inc.,
P. O. 8ox 8276, Roanoke, Virginia 24014
Mr. Douglas W. Burnett, Vietnam Veterans of America, Chapter
81, P. O. Box 1694, Roanoke, Virginia 24008
Mr. W. Robert Herbert, City Manager
?dr. William F. Clark, Director of Public Works
Mr. William M. Mullins, Jr., Manager, Signals and Alarms
Mr. Ronald H. Miller, Building Con~nissioner/goning
Administrator
Mr. George C. Snead, Jr., Director of Administration
Public Safety
Ms. Sandra H. Eakin, Deputy City Clerk
and
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd Day of April, 1991.
No. 30484-42291.
A RESOLUTION authorizing a revocable permit to Festival-in-the-
Park, Inc., to hang certain banners from City traffic signal poles
in the downtown area, upon certain terms and conditions.
WHEREAS, Festival-in-the-Park, Inc., (hereinafter "Permittee")
has requested that City Council authorize Permittee to hang certain
banners from City traffic signal poles in the downtown area; and
WHEREAS, Council is desirous of granting the request of
Permittee pursuant to certain terms and conditions.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Permission is hereby granted to Permittee to hang Festival
banners from City traffic signal poles located at the intersections
of Jefferson Street-Elm Avenue and Jefferson Street-Franklin Road,
pursuant to the following terms and conditions:
(a) Such permit shall be revocable and shall be effective
from May 1, 1991, through June 10, 1991;
(b) Permittee shall indemnify, keep and hold the City free
and harmless from liability on account of injury or
damage to any person or property, including City pro-
perty, growing out of or directly or indirectly
resulting from the permission herein granted;
(c) Permittee shall provide the City Clerk with a certifi-
cate of insurance naming the City of Roanoke, its offi-
cers, agents and employees as additional insureds,
providing public liability insurance in amounts deemed
satisfactory to the City Manager;
(d) No object shall be constructed, attached, installed,
erected, or maintained by Permittee so as to obscure the
view of any directional or informational sign by an
operator of a motor vehicle or pedestrian;
(e) in accordance with the
Code and the Uniform Manual of
(f)
(g)
(h)
(i)
Banners shall be installed
National Electrical Safety
Traffic Control Devices;
Permittee shall obtain any and all necessary permissions
for construction, attachment, installation, erection and
maintenance of such objects from any affected private
property owners and the State Department of Highways and
Transportation;
The City shall incur no cost as a result of grant of
this permit;
Permittee shall give notice to the City's Director of
Public Works prior to entry on City property for
installation and maintenance of such banners; and
Permittee will coordinate its efforts with
tatives of the Vietnam Veterans of America
American flags on Memorial Day.
a copy
acknowledged
Clerk.
represen-
to display
This permit shall be in full force and effect at such time as
of this Resolution, duly signed, sealed, attested and
by Permittee has been filed in the Office of the City
ATTEST:
City Clerk.
ACCEPTED AND EXECUTED by the undersigned this __day of
, 1991.
FESTIVAL-IN-THE-PARK, INC.
ATTEST:
By
(title)
Roanoke, Virginia
April 22, 1991
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: Festival In The Park - Permit Agreement
I. Background:
Festival In The Park is an established annual tradition in
Roanoke. Festival activities originate in City parks during two
consecutive weekends in May and June with music, art, crafts,
performing arts, sporting events, food, etc.
II. Current Situation:
Festival In The Park, Incorporated has requested permission to
hang Festival banners from various street light and traffic
signal poles in the downtown area. The traffic signal poles
owned by the City of Roanoke are located at the intersections of
Jefferson Street-ElmAvenue and Jefferson Street-Franklin Road.
The street light poles owned by Appalachian Power Company (APCO)
are located along Elm Avenue and Franklin Road. This will
require APCO approval.
III. Issues:
A. Promotion of festival.
B. Authority for approval.
C. Permit requirements.
IV. Alternatives:
City Council issue a revokable permit to Festival In The
Park, Incorporated to hang Festival banners from City
traffic signal poles in the downtown area for the period
May 1, 1991, to June 10, 1991.
1. Promotion of festival will be facilitated.
Authority for approval or denial to use City poles is
solely City Council's. Once APCO authorizes use of the
street light poles, administrative authority exists to
grant that part of the request.
3. Permit requirements should be as follows:
Festival In The Park, Incorporated obtain
individual or company to install and remove
Festival banners at no cost to the City.
bo
Indemnification - Festival In The Park,
Incorporated has agreed to provide liability
insurance in amount approved by the City Manager,
naming the City as an additional insured, as
approved by the City Attorney.
Codes - banners shall be installed according to
National Electrical Safety Code and Uniform Manual
of Traffic Control Devices.
Visibility - banners shall not block motorists
view of any traffic control devices.
City Council not issue a revokable permit to Festival In The
Park, Incorporated for permission to hang festival banners
from City traffic signal poles in the downtown area.
Promotion of festival will have to occur by other
means.
Authority for approval or denial is solely City
Council's.
3. Permit requirements will be moot.
V. Recon~endation:
City Council approve Alternative "A", and issue a revokable
permit to Festival In The Park, Incorporated to hang festival
banners from City traffic signal poles in the downtown area for
the period May 1, 1991 to June 10, 1991. Representatives of
Festival In The Park and Vietnam Veterans have agreed to
coordinate their efforts for the display of Festival and American
flags on Memorial Day.
W. Robert Herbert
City Manager
WRH:WFC:pr
cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. George C. Snead, Director of Administration & Public Safety
Mr. William M. Mullins, Jr., Manager, Signals & Alarms
Mr. Ronald H. Miller, Building Commissioner
Festival In The Park, Incorporated, P.O. Box 8276, Roanoke, VA
Mr. Douglas W. Burnett, Vietnam Veterans of America, Chapter 81,
P.O. Box 1694, Roanoke, VA 24008
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Chms.Lunsford/ Frank B.Hal i NORIGHTSUPONTHECERTIFICATEHOLDER THISCERrlFICATEDOESNOTAMEND.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. Box 2571
Roanoke, VA 24010 COMPANIES AFFORDING COVERAGE
703-982-0200LEllERCOMPANY A
~ mum~ ROYAL INS CO OF ~ERICA
Roanoke Festivml In The ParkLEllERCO~A~ C
P.O. Box 8276
Re
VA 24014 CO~
A X COM~IAL~RALLIA~ILI~Y PST037532 3/01/gl 3/01/92 PR~TS-C0~/~S~EOA[E I 2000
IcL , ~ ~c~ ~R~L & ~o~.l,s,~m~v * 1000
O~A~ LI~ILITY
s~u,~v
It is understee~ an~ a~ree~ that the City ef Roanoke, its Officers/Officials,
City of Roanoke Parks
210 Reserve AVenue
~::~:~ .........................
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy Cay Clerk
File #58-67
Ms. Wendy Turner
Executive Director
Festival in the Park, Inc.
P. O. Box 8276
Roanoke, Virginia 24014
Dear Ms. Turner:
I am enclosing copy of Resolution No. 30485-42291 establishing
the minimum amount of public liability and property damage
insurance to be provided by Festival-in-the-Park, Inc., for
festival activities, in the minimum amount of $1,000,000.00 per
occurrence and $2,000,000.00 per aggregate. Resolution No.
30485-42291 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 22, 1991.
MFP : ra
Eric.
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Mr. F. P. Webster Day, President, Festival in the Park, Inc.,
P. O. Box 8276, Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. William M. Mullins, Jr., Manager, Signals and Alarms
~r. Ronald H. Miller, Building Commissioner/Zoning
Administrator
~r. Gary g. Fenton, Manager, Parks and Recreation/Grounds
Maintenance
~r. George C. Snead, Jr., Director of Administration and
Public Safety
Ms. Lauren G. Eib, Risk Management Gfficer
Ms. Dolores C~ Daniels, Citizens Request for Service
Ms. Sandra H. Eakin, Deputy City Clerk
IN THE COUNCIL OF THE CITY O~ ROANOKE, VIRGINIA,
The 22nd Day of April, 1991.
No. 30485-42291.
A RESOLUTION establishing the minimum amount of public liability
and property damage insurance to be provided by Festival-in-the-Park,
Inc., for festival activities.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. ~Festival-in-the-Park, Inc., shall furnish one or more public
liability and property damage insurance contracts insuring the liabi-
lity of such organization with regard to festival activities on or
about May 23, 1991 through June 2, 1991, in the minimum amount of
$1,000,000.00 per occurrence and $2,000,000.00 per aggregate.
2. The City of Roanoke, its officers, officials, agents,
employees and volunteers shall be named as additional insureds on such
policy or policies of insurance, and a certificate of insurance
reflecting such coverage shall be filed with the City Clerk prior to
May 23, 1991.
ATTEST:
City Clerk.
Roanoke, Virginia
April 22, 1991
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: Liability Insurance Limits for the 1991
Roanoke Festival in the Park.
I. BACKGROUND:
Roanoke's Festival in the Park has requested the
use of certain City park facilities and the
barricading of certain public streets, or portions
thereof, in connection with the 1991 Roanoke
Festival in the Park scheduled for May 23 through
June 2, 1991.
1. Century Plaza
2. Crestar Plaza
3. Key Plaza
4. Elmwood Park
5. Smith Park
6. Wasena Park
7. Wiley Drive (Franklin Road to Winchester
Avenue)
8. Bullitt Avenue (Jefferson Street to
Elmwood Park)
9. Church Avenue (Jefferson Street to
Williamson Rd.)
10. Elm Avenu9 (Jefferson Street to
Williamson Rd.)
11. Franklin Road (Jefferson Street to
Williamson Rd.)
Mayor and Members of Council
April 22, 1991
Page 2
12. J ffe son Street (Franklin Road to Elm
Avenue)
13. Williamson Road (Franklin Road to Elm
Avenue)
Public Liability and Property Damagn
Insurance, pursuant to Section 15.1-14(9) of
the Code of Virginia, must be furnished by
organizations permitted to use the public
streets. The amount of the insurance is to
be established by the Governing Body. The
required insurance policy must name the City
of Roanoke, its officers, officials, agents,
employees and volunteers as additional
insured. In addition, as a matter of policy,
the City requires public liability insurance
for the use of all public facilities
including City Parks.
II. CURRENT SITUATION:
Roanoke's Festival in the Park has offered to
provide an insurance coverage with limits of
$1,000,000 per occurence and $2.000,000 per
aggregate as recommended by the City Risk
Management Officer. Refer to attached
certificate.
Cit Council needs to approve the amount of
liability insurance that Roanoke,s Festival
in the Park will be asked to provide in
connection with the subject events.
III. ISS~IES:
ae
~ with Code of Virginia
Amount of insurance
Cost
D. Timing
Mayor and Members of Council
April 22, 1991
Page 3
IV. ALTERNATI¥~S:
ae
Council approve insurance coverage to be
provide by Roanoke's Festival in the Park in
connection with the requested use of certain
public streets and parks, for a liability
aggregate limit of $2.000.000 ($1.000,000 per
occurence).
1. Compliance with Code of Virginia would
be met.
Amount of liability insurance appears to
be obtainable for subject events.
Cost of subject insurance would be paid
by Roanoke's Festival in the Park.
4e
Timing relative to Council action on
subject matter is critical due to
schedule beginning of events on May 23,
1991.
Council establish a higher level of insurance
coverage.
1. Compliance with Code of Virginia would
be met.
2. Amount of liability insurance may be
unobtainable.
Cost of a higher level of insurance
coverage would be increased for
Roanoke's Festival in the Park.
4. Timing would remain critical as stated
in Alternative "A".
Mayor and Members of Council
April 22, 1991
Page 4
RECOMMENDATION:
ae
Council concur with Alternative "A" and
approve insurance coverage, with liability
limits of $1.000,000 per occurence and
$2.000.000 aggregate in connection with the
1991 Roanoke Festival in the Park.
Be
Roanoke's Festival in the Park furnish the
above insurance and name the City of Roanoke,
its officers, officials, agents, employees
and volunteers as additional insureds on that
policy.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:OMG:cvs
Attachment
cc:
Mr. F. B. Webster Day, President, Roanoke's
Festival in the Park
City Attorney
Director of Finance
Director of Administration and Public Safety
Director of Public Works
Manager, Recreation, Parks and Grounds Maintenance
Risk Management Officer
Citizens Request for Services
Recreation Superintendent
TNIS CERTIFICATE IS iSSUED AS A MATTER DP INFO~VlATION ONLY AND CONFERS
Chas.Luflsford/ FrInk B.Hel I NORIGHTSUPONTHECERTIFICATEHOLDER THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. Box 2571
Roanoke, VA 24010 COMPANIES AFFORDING COVERAGE
703-982-0200 co~A~
LE;TER A
~e ~ooE ROYAL INS CO OF ~ERICA
Roanoke Festival In The Park co~A~
LEHER C
P.O. BOX 8276 II
Roanoke co~A~
LETTERD
VA 24014 co~
LEIIER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDINO ANY REOUIREMENT. TE~ OR CONDITION OF ANY CONTRACT OR OTHER ~OC~ENT WITH ~ESPECT
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES L~ITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLA~S
A X COM~RCIAL GE~RAL LIABILITY PST037532 3/01/91 3/01/92 ~R~TS-C0~/~S*~O*~E 2000
ANY AUTO _IMIT ~:. :; [:. ~ ri ~:. ~
.~y
OARA~ LI~ILITY ~R~E"TY
wo~e.'s OO~SAT~ S~UTmV
t is understood ~nd agreed that the City of Roanoke, its Officers/Officials,
Agents, Employees, ~nd Volunteers ~re named ~s Additional Insured as respects
cover~ae ~hown above.
EXPlR~TqO~ O~TE T~E~EO~, THE ~SSUING COMPANY WILL ENDE~VO~ TO
ReC rear ion ~.~ LIABILITY OF ANY ~IND UPON T~E COMPANY, ITS A~ENTS OR REPRESENTATIVES
Roanoke, V~. 24016 :Z::: ~ G. ~[1 [ ~ Of ~ ~. 003989000
MARY F. PARKER
Ct:y Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S W, Room 456
Roanoke. Virg~ma 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy CiTy Clerk
File #122-67
Ms. Wendy Turner
Executive Director
Festival in the Park, Inc.
P. O. Box 8276
Roanoke, Virginia 24014
Dear Ms. Turner:
I am enclosing four copies of Resolution No. 30486-42291 waiving
the standard rental fee for use of certain City facilities for
Festival in the Park, and granting concession rights in conjunc-
tion with such event. Resolution No. 30486-42291 was adopted by
the Council of the City of Roanoke at a regular meeting held on
Monday, April 22, 1991.
Please
to the
Roanoke,
tificate
MFP : ra
sign and return three copies of Resolution No. 30486-42291
City Clerk's Office, Room 456, Municipal Building,
Virginia 24011. You are requested to file your car-
of insurance with the undersigned prior to May 24, 1991.
Sincerely,
Mary F. Parker, ~C/~E
City Clerk
En C ·
pc:
Mr. F. P. Webster Day, President, Festival in the Park, Inc.,
P. O. Box 8276, Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. William M. Mullins, Jr., Manager, Signals and Alarms
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Hr. Gary N. Fenton, Manager, Parks and Recreation/Grounds
Maintenance
Hr. George C. Snead, Jr., Director of Administration and
Public Safety
Ms. Lauren G. Eib, Risk Management Officer
Ms. Dolores C. Daniels, Citizens Request for Service
Ms. Sandra H. Eakin, Deputy City Clerk
3. The applicant organization shall furnish public liability and
property damage insurance contracts insuring the liability of such
organization with regard to such events on the dates indicated above,
in the minimum amount of $1,000,000.00 per occurrence and $2,000,000.00
aggregate. The City, its officers, officials, agents, employees and
volunteers shall be named as additional insureds on such policy or
policies of insurance, and a certificate of insurance reflecting such
coverage shall be filed with the City Clerk prior to ~ay 24, 1991.
4. The applicant organization shall, and by execution of this
resolution, does agree to indemnify and save harmless the City, its
officers, officials, agents, employees and volunteers from any and all
claims, legal actions and judgments advanced against the City and for
expenses the City may incur in this regard, arising out of such orga-
nization's intentional acts or negligent acts or omissions related to
use of City facilities and property.
5. The applicant organization shall comply with all applicable
terms and conditions of Resolution No. 24982, dated January 28, 1980.
6. In order to provide for the usual daily Operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
ACCEPTED AND EXECUTED by the undersigned this
, 1991.
day of
ATTEST:
FESTIVAL IN THE PARK, INC.
By
Title
STATE OF VIRGINIA
CITY OF
To-Wit:
The foregoing instrument was
of , 1991, by
Park, Inc.
My Commission expires:
acknowledged before me this
on behalf of the Festival
day
and
in the
Notary Public
Roanoke, Virginia
April 22, 1991
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Waiver of rental fee and granting concession
rights and commission to Roanoke's Festival
in the Perk, for use of Victory Stadium.
BACKGROUND:
ae
Roanoke's Festival in the Park is planning and
implementing the 1991 Roanoke Festival in the
Park. Refer to attached letter.
Be
1991 Roanoke Festival in the Park will be a family
oriented event, appealing to all segments of the
community, high in quality and sufficiently
flexible to encompass new activities in response
to community needs.
Ce
Objectives are to entertain the public, furnish
the public a variety of visual and performing
arts, present local talent, and enhance the
Roanoke Valley's role as a regional leader in the
Arts.
De
Roanoke's Festival in the Park will be hosting
events on Friday, May 24 and Friday May 31, 1991,
in Victory Stadium. Refer to attached schedule.
Ze
Criteria established by Resolution No. 24982, for
waving fee, for use of Victory Stadium, has been
met, as Roanoke's Festival in the Park is tax
exempt.
Net proceeds will be used by Roanoke's Festival in
the Park for ongoing and future events.
Mayor and Members of Council
April 22, 1991
Page 2
Public liability insurance will be provided by
Roanoke's Festival in the Park, in an amount of
$1.000.000 per occurrence and $2.000,000
aggregate, which names the City of Roanoke as an
additional insured and an agreement to hold the
City harmless.
II. ISS~S:
A. Criteria
B. Cost
III.
ALTERNATIVES:
Waive rental fee and ~rant concession riqhts and
commission to Roanoke's Festival in the Park for
events on Friday, May 24 and Friday, May 31, 1991,
in Victory Stadium.
Criteria met since Roanoke's Festival in the
Park complies with all applicable terms and
conditions as set forth in Resolution No.
24982.
2e
Cost of rental fee for Victory Stadium in the
amount of $350.00 per night, for both nights
of activities would be waived, as well as,
the commission on concessions.
Do not waive rental fee or qrant concession riqhts
and commission rights and commission to Roanoke's
Festival in the Park.
1. Criteria would not apply.
Cost of $700.00 rental fee would be charged
to a nonprofit group planning community-wide
events.
Mayor and Members of Council
April 22, 1991
Page 3
RECOMMENDATION is that Council concur with Alternative
"A" and waive Victory Stadium rental fee and grant
concession rights and commission to Roanoke's Festival
in the Park for events scheduled on Friday, May 24 and
Friday, May 31, 1991.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:OMG:cvs
Attachments
cc:
Mr. F. B. Webster Day, President, Roanoke's Festival
the Park
City Attorney
Director of Finance
Director of Administration and Public Safety
Director of Public Works
Manager, Recreation, Parks and Grounds Maintenance
Risk Management Officer
Citizens Request for Services
Recreation Superintendent
in
FESTIVAL I1 1 THE PARK
March 1, 1991
The Honorable Noel C. Taylor
and Members of Council
City of Roanoke
Roanoke, Virginia 24011
Dear Members of Council:
Roanoke's Festival In The Park requests a waiver of rental
fees and concession rights for the use of Victory Stadium in
accordance with your Resolution No. 24982 of January 28, 1980.
The waiver would be for the grand opening night of Festival In
The Park, Friday, May 24, 1991 and the second Friday night concert
on May 31, 1991.
We hope you will join us for the many Festival events and once
again help us in making this year's events the premier festivities
for Roanoke and surrounding areas.
Your continued support will help us to present community-wide
events for our citizens and to attract many visitors to Virginia's
Festival City.
Sincerely,
President
FBWD:snc:954.10
cc: Ms. Wendi Turner
Mr. Owen M. Grogan, Jr.
POST OFFICE BOX 8276 · ROANOKE, VIRGINIA 24014 o 703-342-2640
FESTIVAL IN THE PARK
1991 SCHEDULE OF EVENTS
Thursday, May 23
Gala-Century Plaza and Church
Avenue Firehouse
An Evening Under the Stars -
At the Cotton Club
7:00 p.m. - 11:00 p.m.
Friday, May 24
Victory Stadium - Gates open at 6:30 p.m.
Beer, Soft Drinks and Food
Lead-In Group
Concert - National Act
Fireworks
Grass Roots -
Marshall Tucker
6:30 p.m. - 11:00 p.m.
7:30 p.m. - 9:00 p.m.
9:30 p.m. - 10:45 p.m.
10:45 p.m. - 11:00 p.m.
Saturday, May 25
Events begin at 8:00 a.m. and conclude at 11:30 p.m.
Wasena Park
Young Life Volleyball Tournament
Crestar Festival Soccer Tournament
River's Edge Sports Complex and
other Parks.
8:00 a.m. - 6:00 p.m.
Smith Park
Food & Drinks
Children's Activities
River Race
Beer Garden
Waterfront Stage
Local Bluegrass
9:30 a.m. - 5:00 p.m.
10:00 a.m. - 5:00 p.m.
10:00 a.m. - 5:00 p.m.
11:00 a.m. - 5:00 p.m.
11:00 a.m. - 5:00 p.m.
Elmwood Park
Jane Powell
Food & Drinks
Gazebo
Crafts Show
Beer Garden
Amphitheatre
9:30 a.m. - 11:00 p.m.
11:00 a.m. - 5:00 p.m.
11:00 a.m. - 7:00 p.m.
12:00 NOON - 9:30 p.m.
7:00 p.m. - 10:30 p.m.
Sunday, May 26
Events begin at 8:00 a.m. and conclude at 11:30 p.m.
Wasena Park
Young Life Volleyball Tournament
Crestar Festival Soccer Tournament
River's Edge Sports Complex and
other Parks.
9:00 a.m. - 6:00 p.m.
Elmwood Park
Nineteen-Sixty Four
Concessions
Food & Drinks
Amphitheatre
Performing Arts
Local Groups - Contemporary
Evening Concerts
Stage I
Gazebo
Crafts Show
Beer Garden
Children's Activities
Children's Theatre
Children's Parade
10:00 a.m. 11:30 p.m.
12:00 NOON - 11:00 p.m.
12:00 NOON - 4:00 p.m.
4:30 p.m. 7:00 p.m.
7:00 p.m. 11:00 p.m.
12:00 NOON - 6:00 p.m.
12:00 NOON - 5:00 p.m.
12:00 NOON - 7:00 p.m.
1:00 p.m. 9:30 p.m.
12:00 NOON - 5:00 p.m.
12:00 NOON - 4:00 p.m.
4:00 p.m. 5:00 p.m.
Monday, May 27
Events begin at 9:00 a.m. and conclude at 7:00 p.m.
E lmwood Park
WDBJ Festival Cup Bike Race -
Key Plaza
Children's Activities & Theatre
Concessions
Food & Drinks
Gazebo
Craft Show
Amphitheatre
Performing Arts
Symphony - Special Memorial Day
Celebration
Stage I
Beer Garden
9:00 a.m. - 4:00 p.m.
10:00 a.m. - 5:00 p.m.
10:00 a.m. - 8:00 p.m.
11:00 a.m. - 6:00 p.m.
11:00 a.m. - 6:00 p.m.
11:00 a.m. - 8:00 p.m.
11:00 a.m. - 5:00 p.m.
6:00 p.m. - 8:00 p.m.
11:00 a.m. - 6:00 p.m.
12:00 NOON - 8:00 p.m.
Tuesday, May 28
Elmwood Park
Lunch in the Park
City Stage BC/BS Plaza
Senior Citizen Day
12:00 NOON -
2:00 p.m.
Wednesday, May 29 and Thursday, May 30
Lunch in the Park
City Stage BC/BS Plaza
Very Special Arts/Children's Day
12:00 NOON -
2:00 p.m.
Friday, May 31
Events begin at 11:00 a.m. and conclude at 11:30 p.m.
Elmwood Park
Lunch in the Park
Concessions
Food & Drink Only
Lunch in the Park - Jazz
Performing Group Amphitheatre
11:00 a.m.
11:00 a.m.
12:00 NOON -
2:00 p.m.
2:00 p.m.
2:00 p.m.
Evening Events - Victory Stadium -
Gates open at 6:30 p.m.
Spinners
Beer, Soft Drinks & Food
Lead-In Group
Concert - National Act
Fireworks
6:30 p.m.
7:30 p.m.
9:30 p.m.
10:45 p.m.
- 11:30 p.m.
- 9:00 p.m.
- 10:45 p.m.
- 11:00 p.m.
Saturday, June 1
Events begin at 8:00 a.m. and conclude at 11:30 p.m.
Dominion Bank Festival Classic 5K
and 10K Run
Concessions
Food & Drink
Sidewalk Art Show
Children's Activities & Theatre
Beer Garden
Gazebo
Amphitheatre
Dominion Awards
Performing Arts
Evening Concert
Laser Show - Full Color
City Stage
Gazebo - Art Awards
8:00
10:00
10:00
10:00
12:00
10:00
10:30
11:30
10:30
7:00
10:30
11:00
5:00
a.m. - 10:15 a.m.
a.m. - 11:30 p.m.
a.m. - 5:00 p.m.
a.m. - 5:00 p.m.
NOON - 9:30 p.m.
a.m. 5:00 p.m.
a.m. 11:00 p.m.
a.m. 12:30 p.m.
a.m. 6:00 p.m.
p.m. 10:30 p.m.
p.m. 11:15 p.m.
a.m. 4:00 p.m.
p.m.
Sunday, June 2
Events begin at 10:00 a.m. and conclude at 6:00 p.m.
Concessions
Food & Drink
Gazebo
Sidewalk Art Show
Amphitheatre
Performing Arts
Children's Activities and Theatre
Beer Garden
City Stage
10:00 a.m. -
12:00 NOON
12:00 NOON -
12:00 NOON -
12:00 NOON -
12:00 NOON -
12:00 NOON -
12:00 NOON -
6:00 p.m.
5:00 p.m.
5:00 p.m.
6:00 p.m.
6:00 p.m.
5:00 p.m.
6:00 p.m.
5:00 p.m.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. V~rgm~a 24011
Telephone: (703)981.2541
April 24, 1991
SANDRA H. EAKIN
Deputy Oty Clerk
File #122-67
Mr. Douglas J. Fonder
Executive Director
Virginia Amateur Sports,
412 Shenandoah Building
Roanoke, Virginia 24011
Inc.
Dear Mr. Fonder:
I am enclosing four copies of Ordinance Ho. 30487-42291 waiving
the standard rental fee for use of certain City facilities for
Co~onwealth Games of Virginia and granting certain concession
rights in con]unction with such events. Ordinance
30487-42291 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 22, 1991.
Please sign and return three copies of Ordinance No. 30487-42291
to the City ClerkFs Office, Room 456, Municipal Building,
Roanoke, Virginia 24011. You are requested to file your cer-
tificate of insurance with the undersigned prior to June 26,
1991.
Sincerely.
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pC:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds
Maintenance
Mr. George C. Snead, Jr., Director of Administration
Public Safety
Ms. Lauren G. Eib, Risk Management Officer
Ms. Dolores C. Daniels, Citizens Request for Service
Ms. Sandra H. Eakin, Deputy City Clerk
and
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd Day of April, 1991.
No. 30487-42291.
AN ORDINANCE waiving the standard rental fee for use of certain
City facilities for Commonwealth Games of Virginia and granting cer-
tain concession rights in con3unction with such events; and providing
for an emergency.
WHEREAS, by Resolution No. 24982, dated January 28, 1980, this
Council established a policy with respect to waiver of rental fees for
use of City facilities and property by certain organizations.
WHEREAS, Virginia Amateur Sports, Inc. complies with the criteria
for waiver of such fees set forth in Resolution No. 24982.
WHEREAS, Council deems it appropriate to waive rental fees for the
Commonwealth Games of Virginia, to be sponsored by Virginia Amateur
Sports, Inc. and to grant certain concession rights in conjunction
with such events.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Virginia Amateur Sports, Inc. shall be authorized use of
Victory Stadium, National Guard Armory, Maher Field, River's Edge
Sports Complex and Fallon Park Pool June 26, 1991 through July 7, 1991,
as more particularly described in the City Manager's report of April
22, 1991, with waiver of the standard rental fees for Conunonwealth
Games of Virginia.
2. Such organization or its designee shall be authorized, in
conjunction with such events, to sell certain concessions as approved
in writing by the City Manager without payment of commission.
3. The applicant organization shall furnish a public liability
and property damage insurance contract insuring the liability of such
organization with regard to such events on the dates indicated above,
in the minimum amount of $1,000,000.00 per occurrence and
$2,000,000.00 aggregate. The City, its officers, officials, agents,
employees and volunteers shall be named as additional insureds on
such policy or policies of insurance, and a certificate of insurance
reflecting such coverage shall be filed with the City Clerk prior to
June 28, 1991, the beginning of the events hosted by Virginia Amateur
Sports, Inc.
4. The applicant organization shall, and by execution of this
resolution, does agree to indemnify and save harmless the City, its
officers, officials, agents, employees and volunteers from any and all
claims, legal actions and judgments advanced against the City and for
expenses the City may incur in this regard, arising out of such orga-
nization's intentional acts or negligent acts or omissions related to
use of City facilities and property.
5. The applicant organization shall comply with all applicable
terms and conditions of Resolution No. 24082, dated January 28, 1980.
6. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
ACCEPTED AND EXECUTED by the undersigned this
, 1991.
day of
ATTEST:
VIRGINIA AMATEUR SPORTS, INC.
By
TitYe
STATE OF VIRGINIA
CITY OF
To-Wit:
of
and
The foregoing instrument was acknowledged before me this
, 1991 by
__ day
My commission expires:
of Virginia Amateur Sports, Inc.
Notary Public
Roanoke, Virginia
April 22, 1991
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Waiver of rental fee and granting concession
rights and commission to the Virginia Amateur
Sports, Inc. for use of the National Guard
Armory, Victory Stadium, Maher Field, River's
Edge Sports Complex and Fallon Park Pool.
BACKGROUND:
Virainia Amateur SPorts. Inc. is planning and
implementing the 1991 Commonwealth Games of
Virginia. Refer to attached letter.
Commonwealth Games of Virainia is a multi-sport
event, sometimes referred to as a sports festival
involving both Olympic and non-olympic sports.
~ are to promote health, fitness and
spirit of Olympic competition, create
entertainment, attract local citizens, and bring
thousands of visitors to the Roanoke Valley.
Viroinia Amateur SPorts. Inc. will be hosting
events starting Wednesday, June 26, 1991 and
ending Sunday, July 7, 1991. Refer to attached
schedule.
Criteria established by Resolution No. 24982, for
waiving fee for Victory Stadium, National Guard
Armory, Maher Field, River's Edge Sports Complex
and Fallon Park Pool use, has been met as the
Virginia Amateur Sports, Inc. is tax exempt.
Net roc~ will be used by the Virginia Amateur
Sports, Inc. for ongoing and future events.
Mayor and Members of Council
April 22, 1991
Page 2
Ge
Public liability insurance in an amount of
$1.000,000 per occurrence and $2.000,000
aggregate, which names the City of Roanoke as an
additional insured and an agreement to hold the
City harmless will be provided by Virginia Amateur
Sports, Inc.
II. ISSUES:
A. Criteria
B. Cost
III. ALTERNATIVES:
Waive rental fee and qrant concession riqhts and
commission to the Virginia Amateur Sports, Inc.
for events scheduled Wednesday, June 26, 1991 and
ending Sunday, July 7, 1991.
Criteria met since Virginia Amateur Sports,
Inc. complies with all applicable terms and
conditions as set forth in Resolution No
24982.
Cost of rental fee in amount of $350.00 for
June 26, 1991 cookout at Victory Stadium;
rental fee of $525.00 for June 28, 1991
opening ceremonies at Victory Stadium and
National Guard Armory; rental fee of $150.00
for June 29, 1991 baseball games at Maher
Field; and rental fee of $450.00 for June 29,
1991 distance run at Victory Stadium and
National Guard Armory.
Be
Do not waive rental fee or qrant concession riqhts
and commission to the Virginia Amateur Sports,Inc.
1. Criteria would not apply.
Mayor and Members of Council
April 22, 1991
Page 3
Cost of $1,475.00 rental fee would be charged
to a nonprofit group planning state-wide
event in Roanoke.
RECOMMENDATION is that Council concur with Alternative
"A" and waive rental fee and grant concession rights
and commission to Virginia Amateur Sports, Inc. for use
of Victory Stadium, National Guard Armory, Maher Field,
River's Edge Sports Complex and Fallon Park Pool for
events starting Wednesday, June 26, 1991 and ending
Sunday, July 7, 1991.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:OMG:cvs
Attachment
cc:
Mr. Douglas J. Fonder, Executive Director, Virginia
Amateur Sports, Inc.
City Attorney
Director of Finance
Director of Administration and Public Safety
Director of Public Works
Manager, Recreation, Parks and Grounds Maintenance
Risk Management Officer
Citizens Request for Service
Recreation Superintendent
412 Shenandoah Building
Roanoke, Virginia 24011
(703) 34343987
Fax (703) 343 7407
Gold Medal Sp0ns0m
Coca-Cola
Contel Cellular
Capitol Sports Network
MCI
Mobil Foundation, Inc.
WDBJ-7
WROV
Holiday Inn - Tanglewood
Paul B. Williams, Inc.
Cox Cable
January 29, 1991
Honorable Noel C. Taylor, Mayor
and Members of Council
Roanoke, Virginia
Dear Members of Council:
Virginia Amateur Sports, Inc. requests a waiver of rental fees
and concession rights for the use of Victory Stadium, Maher
Field, the National Guard Armory, River's Edge Sports Complex
and Fallon Park Pool.
This request is made for events scheduled from Wednesday,
June 26~Sunday, July 7, 1991.
Your support of the Virginia CorEast State Games will help us
host an outstanding event, attracting countless visitors to our
City.
Thank you.
DOU~ l~or~der
Exe¢'~e Director
SPORTS, INC.
Getty Mart
Oldsmobile
&)wan Bank
Roanoke Times &Z Wodd Ne~vs I
Blue Cross and Blue Shidd of Virginia
Roanoke City Venues
Time Schedule
Meeting on Friday, Jan. 11
1991 Virginia CorEast State Games
June 26 - July 7, 1991
CHECK-IN
Thursday, June 27 - Friday, June 28
Roanoke City Market Building
3rd Floor
Roanoke Civic Center to the
front of the Market Building
COOKOUT 'NEW'
Thursday, June 27
Victory Stadium
6:30 p.m.-9:00 p.m.
OPENING CEREMONIES
Friday, June 28
Victory Stadium
7:00 p.m. - 11:00 p.m.
BASEBALL (Back-Up facility)
Saturday, June 29
Mahre Field
Two Games
1:00 p.m. & 3:00 p.m.
CYCLING
Saturday, June 29
Time Trial
Up Mill Mountain
Sylvan Rd./Walnut Ave. Start
Mill Mountain Star. Finish
9:00 a.m. - 4:00 p.m.
Sunday, June 30
Criterium
Wasena Park
8:00 a.m. - 5:30 p.m.
ROAD RACE
Victory Stadium, Jefferson Ave. - to -
Victory Stadium (track)
8:00 a.m. - Start
11:00 a.m. - Finish
SOCCER
June 28 - 29 - 30
River's Edge Sports Complex
8:00 a.m. - 5:30 p.m. (4 Fields)
each day
SWIMMING
June 27 - 28 - 29 -30
Fa[Ion Park Pool
8:00 a.m. - 6:00 p.m. (Friday)
8:00 a.m. - 8:30 p.m. (Saturday)
8:00 a.m. - 7:00 p.m. (Sunday)
CHECK-IN
Thursday, July 4 - Friday, July 5
Roanoke City Market Building
3rd Floor
Shuttle from the Roanoke Civic Center
front of the Market Building
TENNIS
July 5 - 6 - 7
River's Edge Sports Complex
Crystal Spring Park
Wasena Park
9:00 a.m. - 6:00 p.m. each day
update: April 10, 1991
to the
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W.Room 456
Roanoke. Virg~ma 24011
Telephone: (703)981-2541
MARY F. PARKER SANDRA H. EAKIN
City Clerk Deputy City Clerk
April 24, 1991
File #60-246
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am enclosing copy of Ordinance No. 30488-42291 amending and
reordaining certain sections of the 1990-91 Consortium Fund
Appropriations, providing for appropriation and transfer of cer-
tain funds for the Fifth District Employment and Training
Consortium Summer Youth Program and Veterans Grant. Ordinance
No. 30488-42291 was adopted by the Council
at a regular meeting held on Monday, April
Sincerely.
Mary F. Parker,
City Clerk
of the City of Roanoke
22, 1991.
CMC / AA E
MFP:ra
Ell C ·
pc:
Ms. Carolyn H. Barrett, Administrator, Fifth District
Employment and Training Consortium, 310 Campbell Avenue,
S. W., Roanoke, Virginia 24016
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN 'r-~ COUiClL OF TH~ CITY OF RO~OI~, ¥~l~]],[rj~.
The 22nd Day of April, 1991.
No. 30488-42291.
~ ORDINatE to amend and reordaln certaln sections of
the 1990-91 Consortiktm Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
Government of the
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1990-91 Consortium Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
A o iations
Fifth District Employment & Training Consortium
FY90 (1-5) .......................................'
Fifth District Employment & Training Consortium
FY91 (6-31) ......................................-
$1,874,334
1,628,518
Revenue
Fifth District Employment & Training Consortium -
FY90 (32-34) ......................................
Fifth District Employment & Training Consortium -
FY91 (35-38) ......................................
$1,874,334
1,628,518
1) Wages
2) Wages
3) Contractual
Services
4) Fringes
5) Dabney Lancaster
6) Wages
7) Fringes
8) Travel
9) Communications
10) Supplies
(034-054-9080-8350) $ 939
(034-054-9065-8010) (12,955)
(034-054-9065-8017) ( 5,000)
(034-054-9065-8011) ( 1,154)
(034-054-9065-8232) ( 20,221)
(034-054-9165-9010) 70,612
(034-054-9165-8011) 11,471
(034-054-9165-8012) 500
(034-054-9165-8013) 1,000
(034-054-9165-8015) 1,550
11) Insurance
12) Contractual
Services
13) Wages
14) Fringes
15) Travel
16} Communications
17) Supplies
18) Funding
Authority
19) Wages
20) Fringes
21) Supplies
22} Contractual
Services
23) Wages
24) Fringes
25) Travel
26) Supplies
27) Virginia Hair
Academy
28) TAP
29) Funding
Authority
30) Wages
31) Fringes
32) Title IIB
Administration
33) Title IIB
Program
34) Contributions
Other
Localities
35) Contributions
Other
Localities
36) Title IIB
Administration
37) Title IIB
Program
38) Veteran's
Program
(034-054-9165-8016)
(034-054-9165-8017)
(034-054-9165-8050)
(034-054-9165-8051)
(034-054-9165-8052)
(034-054-9165-8053)
(034-054-9165-8055)
(034-054-9165-9990)
(034-054-9168-8010)
(034-054-9168-8011)
(034-054-9168-8015)
(034-054-9168-8021)
(034-054-9168-8050)
(034-054-9168-8051)
(034-054-9168-8052)
(034-054-9168-8055)
(034-054-9168-8199)
(034-054-9168-8233)
1,500
5,000
18,950
2,983
1,000
1,100
1,200
18,282
6,060
908
100
35O
3,157
474
216
35O
1,250
264
(034--054--9168-9990) 23,959
(034-054--9180--8350) 5,499
(034-054--9180--8351} 456
(034-034-1234-9078)
(034-034-1234-9079)
(034-034-1234-9080)
( 19,109)
(20,221)
939
(034-034-1234-9180) 5,955
(034-034-1234-9178) 33,482
(034-034-1234-9179) 101,666
(034-034-1234-9168) 37,088
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Honorable Mayor and City Council
Roanoke, Virginia
April 22, 1991
Roanoke, Virginia
Members of Council:
I. BAC~IGROUND
Funding for the Fifth
District Employment and
Training Consorti~n
Consortium administers the Summer Youth Pro, ran for economically
disadvantaged youth in the Fifth Planning District. The program
operates frcm May 15th to September 30th of each year.
1. 375 disadvantaged youth will be served with 191 from the City
o--f-Roanoke.
Program activities include administration, eligibility
determination, work experience, career exploration, and special
projects involving basic education.
Veterans Project funds have been awarded for the Consortium to
continue serving this targeted group for the period of February 1,
1991 - January 31, 1992.
23 Veterans will be served throughout the Fifth Planning
~'~strict primarily in occupational skills training and
On-the-Job (OJT) training programs.
Jurisdictions in the Fifth Plannin~ District, which include the
Cities of Roanoke, Salem, Clifton Forge, & Covington, as well as the
counties of Alleghany, Botetourt, Craig, & Roanoke, were requested
to offset the Agency's ac~ninistrative deficit, through a for~ala
relative to population, utilization, costs, weighted vote, and the
disadvantaged population.
II. CURRENT SITL~TION
Governor's Employnmnt & Training Consortium (GE%D) has sent to the
Consortium, Notice of Award (NOA), #91-03-05 in the mnount of
$95~818.00 for the Sumner Youth Progr~n.
Punds in the mnount of $39~330.00 frem last year's Sunmmr Youth
Program need to be deobligated and appropriated to the current
year's program, as indicated by NOA #91-03-05.
C. Consortium was awarded a Veterans Grant, NOA #91-183-01, in the
amount of $37,088.00.
City Council Report
April 22, 1991
Page 2
D. Jurisdictions of the Fifth Plar~ain~ District to date, have
contributed $6,894.00, which needs to be appropriated.
III. ISSUES
A. Program Operations
B. unding
C. Timing
IV. ALT~F, NATIVES
Ao
Appropriate the Consortium's additional funding of $139,800.00 and
increase the revenue estimate by $139,800.00 in accounts to be
established by the Director of Finance, and transfer funding of
$39,300.00 between existin~FY90 & FY91 accounts.
Program Operation - Existing programswill continue, planned
progrmns will be implemented and new progrmnswill be initiated
by the Consortium's Policy Board and Private Industry Council.
Consortium staffing level will be maintained.
Funding - Increased funding is available from the grantor
agencies, at no cost to the city.
3. ~ - Inmediate action will allow progrmms to be implemented
and c~¥1eted in planned t/mefrmnes.
Do not appropriate the Consortium's additional fundin~ of
$139,800.00 and increase the revenue estimate by $139,800.00 in
accounts to be established by the Director of Finance, or transfer
funding of $39,330.00 between existing FY90 & FYgl accounts.
Program Operation - Planned and additional programs to serve
participants would be curtailed. Consortium staffing would be
reduced.
2. Funding - Not a factor.
3. ~ - Delay will cause late start-up of programs and under-
expenditure of available funds.
City Council l~port
April 22, 1991
Page 3
RECOMMENDATION
Approve Alternative A:
A. Appropriate the Consortium's additional funding of $139,800.00 and
increase the revenue estimate by $139~800.00 in accounts to be
established by the Director of Finance,. and transfer funding of
$39,330.00 between existing FY90 & FY91 accounts.
JDR:nd
cc: Director of Finance
City Attorney
Respectfully submitted,
W. Robert Herbert
City Manager
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ch urch Avenue, S W, Room d56
Roanoke, Virginia 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EARIN
Deputy C~ty Clerk
File #27
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30489-42291 ratifying
emergency procurement for repairs to a broken section of City
sanitary sewer line under the A. G. Edwards and Sons, Inc.,
building located at 101 Campbell Avenue, S. W., by Insituform
East, Inc., at a cast of $28,000.00, on or about Friday, April
19, 1991. Resolution No. 30489-42291 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday. April
22, 1991.
Sincerely,
~4ary F. Parker, CMC/AAE
City Clerk
MFP: ra
En c.
pc: Mr.
Mr.
Joel M.
Kit B.
Schlanger, Director of Finance
Kiser, Director of Utilities and Operations
IN THE COUNCIL OF THE CITY O~ ROANOKE,
The 22nd Day of April, 1991.
No. 30489-42291.
VIRGINIA,
A RESOLUTION ratifying the emergency procurement of certain sani-
tary sewer repairs.
WHEREAS §41 of the City Charter authorizes the City Manager to
make emergency procurements without the necessity for advertising and
receiving bids, and said section further requires the City Manager to
report the facts and circumstances relating to such procurements to
Council at its next regular meeting;
WHEREAS, by report of April 22, 1991, the City Manager has advised
Of an emergency procurement of certain sanitary sewer repairs.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the emergency procurement for repairs to a broken section of City
sanitary sewer line under the A. G. Edwards and Sons, Inc. building
located at 101 Campbell Avenue, S.W., by Insituform East, Inc. at a
cost of $28,000.00 on or about Friday, April 19, 1991, as more par-
ticularly set forth in the report of the City Manager dated April 22,
1991, is hereby ratified and the Director of Finance is hereby
authorized and directed to make requisite payment to said vendor.
ATTEST:
City Clerk.
Roanoke, Virginia
April 22, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Emergency Sanitary Sewer Repair
I. BackKround:
mo
Report of dye in Lick Run Channel was received approximately
two weeks ago.
Investigation revealed the following:
Dye was entering the sanitary sewer system from an
industry on Sixth Street.
Break in the top of a sewer line in ~he 100 block of
Campbell Avenue is permitting the sewage to run out of
Lhe line when the 15-inch sewer line has a high flow.
Sewage then enters a storm drain and is discharged to the
Lick Run Channel.
Co
Regulations of the Environmental Protection Agency and the
State Water Control Board require an imediate repair.
Location of the broken section of sanitary sewer line is under
the A. G. Edwards & Sonst Inc. building located at 101
Campbell Avenue, S.W.
Relocation of the sanitary sewer line is difficult to
impossible due to conflicting elevations with other existing
underground utilities.
II. Current Situation:
Insituform is a process of pressure forcing a heated resin
envelope into a sewer line which, when cooled, will provide an
effective seal.
Bo
Insituform Eastt Inc., located in Landover, Maryland, will be
completing a job in the Blacksburg area this week.
Quote of $28~000 from Insituform East, Inc. to heat seal the
143 foot section of pipe was received by FAX on April 16.
This quote and the availability of the equipment is
conditioned on the City notifying Insituform East, Inc. to
Page 2
proceed by April 17, 1991 with work expected to be performed
on Friday, April 19, 1991. Attached is a copy of the quote.
Do
Service impact is the necessity to block a portion of the
intersection of Campbell Avenue and 1st Street, S. E. and the
loss of water and sewer service to A. G. Edwards & Sons, Inc.
for 24 hours.
Funding is available in Sewage Fund Account 003-056-3170-9085,
Unidentified Construction.
III. Conclusion:
This is to notify Council that I have authorized this work to
proceed given the "emergency" nature of the work to be performed
and the fortunate availability of the contractor. The attached
ordinance ratifies this emergency procurement.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:KBK:afm
Attachments
cc: City Attorney
Director of Finance
RPR-16-199i 09:0? FROM [NSITUFORM EAST 38G41 TO P.02
PIPELINE RECONSTRUCTION - WITHOUT EXCAVATION
April 15, 1991
Mr. Jesse Perdue, ,Ir.
Manager - Utility Line Service
3447 Hollins Road
Roanoke, Virginia 24012
Reference:
IEI-91-165; Re~onstruotion of approximately 143 LF of 15-inch diameter
pipeline via the Insituform Process.
Dear Mr. Perdue:
In accordance with your request to Mr.
· Henry Kelly of Insituform East, Inc, we are pleased to
sub..rnit for your review and
approvaJ our proposal for the reconstruction of the referenced
sanitary pipeline located at Campbell Avenue in the Clty of Roanoke.
RESPONSIBILITIES OF INSITUFORM [n.~_T. INC.:
(1)
Ught jet clean and internally televise the existing pipeline to Insituform East, Inc.'s
standards. The debris removed from the Itne/s ia and rernalne the property of the
City of Roanoke. Insituform East, Irm. cannot be held responsible for any liabilities
resulting from improper disposal, or other restrictions that may apply.
~ - Where it has been determined, through a visual inspection, that
only small deposits of loose debris (an average depth of two inches or less) exist
within the pipeline.
Reconstruct the 15-inch sanitary pipeline via the Insituform Process using a
polyester resin.
(3)
(4)
(S)
(S)
Reinstate sen/ice connections as identified by owner,
Provide traffic control consisting of signs and cones only.
Provide bypass pumping of flows in the pipeline not to exceed .75 M.G.D.
Perform post-reconstruction televising of the pipeline and provide a copy of the
videotape to the owner.
~421 PENNSY DRIVE · LANDOVER, MARYLAND 20785 · TELEPHONE (801) ~6-4100 · FAX: (301) ;3e6-2444
APR-16-1991 09:08 FROM INSITUFORM EAST 38641 TO P.OJ
Insi~"orm Eas~ Inc.
IE1-91-165 - Pegs 2
CH of Roanoke
April '15, '1991
RESPONSIBIUTIE8 OF THE CITY OF ROANOKe:
(1) Provide access to, and use of, a hydrant water system for cleaning, liner inversion
and cure requirements at no cost to Insituform East, Inc.
(2) Provide access to all inverts of pipeline and manholes for Insituform East, Inc.
equipment and personnel.
(3)
(4)
(S)
(6)
(7)
Perform necessary point repaim prior to reconstruction of the pipeline, including
those which may be caused by cleaning.
Provide and notify customers of 24-hour water shut-off.
Provide a dump site for all debris collected during the cleaning process.
Secure all permits necessary for this project and pay applicable taxes or fees.
Perform restoration which may become necessary due to access requirements.
SPECIFIC CONDITIONR:
Due to the condition of the pipe, structural wrinkling may occur.
To reconstruct approximately 143 feet of 15-inch diameter p'peltne utilIzing an Insitutube
having an average thickness of 9mm and reinstate 3 service connections:
At a Lump Sum Price of .............................................. $28,000.00
THE ABOVE UNIT PRICES ARE FIRM FOR INSTALLATION
BEFORE APRIL 20, 1991 WITH A NOTICE TO PROCEED BY APRIL 17, 1991.
The prices quoted in this proposal are based on information provided by the owner and a
review of the above-ground site conditions by Insituform East, Inc. personnel. Following our
television inspection of the pipeline, we will review the videotapes to determine the actual
condition of the pipeline and the amount of debris. Should the degree of cleaning and/or
the thickness of the Insltutube change, a cost addition/reduction will be presented.
Terms are nat 30 days. This proposal does not include point repairs, should they be
applicable.
IN~n'UFORM EA~'r, INC.
APR-16-1991 09:08 FROM INSITUFORM EAST 38641 TO P.04
Insituform East, Inc.
IEI-91-165 - Page 3
City of Roanoke
April 15, 1991
Prior to award, Inaltuform East, Inc. will submit necessary insurance documents required by
the owner.
We look forward to working with you on this project and are confident that the Insituform
Process will be a solution to many of your infrastructure problems.
Should this proposal meat with your approval please sign the original and one copy and
tatum them to Insituform East, Inc. A copy Is also provided for your files.
Thank you for allowing us the opportunity to submit this proposal. Should you have any
questions or require additional information, please contact Mr. Kelly at any time.
Very truly yours,
~~TED ACCEPTED BY:
JoH~ F. MulheJI
~ President
SaTes and .,M~eting,//~//~ City of Roanoke
ATTEET~ ATTEST:..
DATE: L/ - I ~- DATE:
INEI'TUFORM EAST, INC.
TOTAL P.04
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, Virglma 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C,~y Clerk
File #2
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recon~nending that Council not exercise an option to
purchase a building located at 348 Campbell Avenue, S. W., was
before the Council of the City of Roanoke at a regular meeting
held on Monday, April 24, 1991.
On motion, duly seconded and adopted, Council concurred in the
recommendation.
Sincerely, ~~
Mary F. Parker, C~C/AAE
City Clerk
MFP : ra
pc:
Mr. Robert Posner, The Allegheny Company, 515 Madison Avenue,
20th Floor, New York, New York 10022
Mr. Joel M, Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. M. David Hooper, Chief of Police
Mr. Rawleigh W. Quarles, Fire Chief
Mr.
Mr.
Kit B. Kiser, Director of Utilities and Operations
M. Craig Sluss, Manager, Water Department
Roanoke, Virginia
April 22, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Option Agreement - 348 Campbell Avenue, S.W.
I. Background:
Building space is needed for Water Department Administration,
Fire Department Administration, and Police Academy. These
functions are currently located at 124 Kirk Avenue, S.W. in
space rented from C. W. Francis & Son. The available space is
limited at best.
Bo
Option agreement for possible purchase of 348 Campbell Avenue,
S.W. was approved by Council on February 4, 1991. Option term
expires on April 30, 1991. The stipulated purchase price,
should the option be exercised, is $815~000.
Option term has been utilized to perform a title search and to
conduct an environmental audit.
Environmental Audit Report did not reveal any indications that
the property had been used or affected by hazardous waste
activities. A copy of the Environmental Audit Report will be
sent to the Allegheny Company, current owner of the property,
as stipulated in the terms of the option agreement.
Fundin~ in~nediately available to transfer for purchase of this
property is approximately $650~000 currently programmed to
renovate the historic buildings in the 100 block of Campbell
Avenue, S. W.
Total fundinK needed to purchase, minimally renovate the
structure, and move into 348 Campbell Avenue is estimated at
$1,000~000.
Other considerations that have arisen since the approval of
the option agreement are as follows:
No source of fundin~ has been identified to produce the
$350~000 additional funds needed to purchase and move
into the optioned property.
2. Additional City obligations or potential obligations that
will need funding are:
Page 2
$100t000 to correct problem of contaminated soil
encountered when old petroleum storage tanks were
removed from the old Valley Metro facility.
ii.
$100,000 potential under-funding for the proposed
new Sanctuary facility at Coyner Springs, to include
furnishings, utilities and access driveway.
iii.
$300~000, or more, potential under-funding for the
Luck Avenue storm drain needed to be constructed
prior or as part of the Franklin Road widening.
iv.
Unknown amount of additional funding that may be
needed to re-establish Hotel Roanoke as a working
landmark in our City.
II. Current Situation:
Decision needs to be made whether or not to exercise the option for
348 Campbell Avenue.
III. Issues:
A. Space needed
B. Fundin~ for purchase
C. Other City funding needs
IV. Alternatives:
Council not exercise the option to purchase 348 Campbell
Avenue, S.W.
Space needed for the governmental functions will continue
to be leased, to the extent it is available, at 124 Kirk
Avenue until other space and funding becomes available.
2. Funding for purchase of the property will not be needed.
Other City funding needs may require the use of the funds
currently programmed to restore the historic structures
in the 100 block of Campbell Avenue.
Council elect to exercise the option to purchase 348 Campbell
Avenue for $815t000.
Space needed would be provided if additional funding is
also provided to lightly rework, furnish and move to the
building.
2. Funding for purchase and upgrade the space cannot be
identified in view of other City funding needs.
Page 3
Other City funding needs would be viewed to be a
secondary priority to purchase of the subject structure.
Vo
Recommendation: Council not exercise the option to purchase 348
Campbell Avenue in accordance with Alternative "A".
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:KBK:afm
CC:
City Attorney
Director of Finance
Allegheny Company
Police Chief
Water Department Manager
Fire Chief
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W,Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
April 24, 1991
File #60-252-~k~
SANDRA H. EAKIN
Deputy C~y Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Hr. Schlanger:
I am attaching copy of Ordinance No. 30490-42291 amending and
reordaining certain sections of the 1990-91 Capital Fund
Appropriations, providing for the appropriation and transfer of
funds in the amount of $220,000.00 fram Security accounts
attached by the City for the purpose of completing the installa-
tion of certain public improvements at Towns Square Shopping
Center and Hunting Hills Plaza. Ordinance Ho. 30490-42291 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, April 22, 1991.
Sincerely, ~
Mary F. Parker, C~C/AAE
City Clerk
MFP : ra
Enc.
pc: Hr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Hr. Ronald H. Miller, Building Cor~nissioner/Zoning
Administrator
Mr. John R. ~arlles, Chief of Coovnunity Planning
Mr. Barry L. Key, Manager, Office of Management and Budget
the 1990-91 Capital
emergency.
WHEREAS, for
Government of the
exist.
IN THE COUNCIL OF 'r~ CITY OF ROANOKE, VIRGINIA
The 22nd Day of April, 1991.
No. 30490-42291.
AN ORDINANCE to amend and reordain certain sections of
Fund Appropriations, and providing for an
the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE,
Roanoke that certain sections of the
Appropriations, be, and the same are
reordained to read as follows, in part:
BE IT ORDAINED by
the Council of the City of
1990-91 Capital Fund
hereby, amended and
Appropriations
Other Infrastructure
Towne Square Shopping Center
Hunting Hills Plaza (2) ............................
Revenue
$16,682,113
(1) ................... 150,000
70,000
Towne Square Joint Venture Letter of Credit (3) ......
(008-052-9666-9003) $ 150,000
(008-052-9667-9003) 70,000
(008-1265) (220,000)
1) Appr. from
General Revenue
2) Appr. from
General Revenue
3) Towne Square
Joint Venture
220,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
city Clerk.
Roanoke, Virginia
April 22, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Appropriation of funds from security accounts
attached by the City for the purpose of
completing the installation of certain public
improvements at Towne Square Shopping Center and
Hunting Hills Plaza.
I. Background:
Towne Square Joint Venture and Hunting Hills Joint
Venture are both Tennessee joint ventures, formed by
Barry E. Dotson and Associates and W. Gerald Ezell
(developers) of Nashville, Tennessee.
Towne Square Joint Venture, in 1986, purchased 93
acres of land situated adjacent to Crossroads Mall
shopping center on Hershberger Road, N.W., for the
purpose of constructing a retail shopping center.
Developers submitted a subdivision and related plans
to the City proposing the construction of a retail
shopping center (Towne Square Shopping Center).
Developers entered into an agreement with the City,
which included the posting with the City of security
in the form of a letter of credit. The purpose of
the security was to guarantee the installation of
specific public improvements related to utilities and
public streets, including specific improvements to
the existing Airport Road, N.W.
Hunting Hills Joint Venture, in 1988, purchased 16
acres of land adjacent to U.S. Route 220, South
(Franklin Road, S.W.). Owners thereafter petitioned
the City to rezone the property for commercial (C-2)
retail use.
Developers subsequently submitted a similar
subdivision and plans proposing the construction of a
Wal-Mart department store and a number of smaller
retail shops (Hunting Hills Plaza). Developers
entered into a second agreement with the City, which
again included the posting with the City of security
Members of Council
Page 2
in the form of a cash escrow guaranteeing the
installation of specific public improvements relating
to utilities and public streets, including
improvements to the existing Pheasant Ridge Road,
S.W.
II. Current Situation:
Subdivision Agent contacted the developers on
repeated occasions from mid-1988 through July, 1990,
requesting that the developers complete the public
improvements at both sites as required by the
subdivision agreements.
Developers failed to comply with the City's requests,
even after being issued several warnings that the
City might take steps to attach the posted security.
City Manager, on August 9, 1990, in accordance with
prescribed procedures provided in Chapter 31 of the
City Code and at the request of the Subdivision
Agent, attached the security previously provided by
both Towne Square and Hunting Hills Joint Ventures.
D. Security was posted in the following forms:
Towne Square Joint Venture - Letter of Credit in
the amount of $150,000, guaranteed by Dominion
Bank of Roanoke.
Hunting Hills Joint Venture - Escrow account in
the amount of $235,000, guaranteed by the
National Bank of North Carolina (NCNB).
Ee
Public improvements left by the developer in an
incomplete or incorrect state are as follows:
Towne Square Shopping Center
Improvements along Airport Road, N.W.
been provided.
Estimated Cost: $150,000
have not
2. Hunting Hills Plaza
a. Improvements to Pheasant Ridge Road, S.W.
have not been completed.
Estimated Cost: $70,000
Erosion and sediment control/slope
stabilization
Estimated Cost: $165,000
Members of Council
Page 3
F. Amount of funds needed for immediate improvements:
Towne Square Shopping Center
(improvements to Airport Road, NW)
$150,000
Hunting Hills Plaza
(improvements to Pheasant Ridge Road)
70,000
Total Improvements
$220,000
City's attachment of the security requested the
transfer by the banking firms to the City at Dominion
Bank of Roanoke, amounts necessary to provide for
certain specific and immediate improvements. Amounts
deposited for the City's immediate needs are as
follows:
Towne Square Joint Venture - $150,000 deposited
by Dominion Bank of Roanoke, into the City's
account at Dominion Bank of Roanoke, leaving no
remaining funds.
III. Issues:
Hunting Hills Joint Venture - $70,000 deposited
into the City's account by the National Bank of
North Carolina (NCNB), leaving a balance of
$165,000 for later use or return to NCNB if they
undertake to provide the improvements (See part
IV, 2.d.).
A. Provision of necessary public improvements.
B. Payment to local vendors.
C. Enhancement of retail facilities.
IV. Alternatives:
City Council approve the appropriation of $150,000 to
an account for public improvements relating to Towne
Square Shopping Center and $70,000 to an account for
public improvements relating to Hunting Hills Plaza
1. Provision of necessary public improvements.
City subdivision ordinance requires the
subdivider to provide a security for the
specific purpose of providing and
completing the installation of all public
improvements required in the subdivision.
Proceeds of security can be utilized for
this purpose only.
Members of Council
Page 4
Provision of public improvements will
improve traffic ingress and egress at both
retail facilities.
Provision of public improvements will
improve storm drainage facilities along
U.S. 220 South.
Payment to local vendors.
Local engineering firms have, at the City's
request, prepared revised plans for
necessary street and utility improvements
at both retail facilities. City needs to
pay these firms.
Electrical services (caution signal,
controls and power) have continued without
interruption at the Towne Square Shopping
Center exit into Airport Road, N.W., as
provided by a local electrical firm. City
needs to pay this firm.
Scope of work specifications for
improvements to Airport Road, N.W., have
been prepared and will shortly be submitted
for bids. Funds will be needed to pay
contractors. Report will be forwarded to
Council when bids have been received.
Developer Henry Faison has been engaged by
the current proprietor of Hunting Hills
Joint Venture, NCNB, to complete all
required public improvements at Hunting
Hills Plaza. This firm will be requesting
payment for its services soon. City will
release remaining $165,000 held by NCNB as
this work is inspected and accepted by the
City.
Enhancement of retail facilities.
Completion of all public improvements at
both retail facilities will facilitate the
proprietors' efforts to attract and retain
retail tenants.
Full or increased tenancy will offer the
public a greater variety of retail choices
and will also generate additional tax
revenue for the City.
Members of Council
Page 5
City Council deny the request to appropriate funds
necessary to provide for the completion of secured
improvements related to Towne Square Shopping Center
and Hunting Hills Plaza.
1. Provision of necessary public improvements.
a. Improvements will not be completed.
City will eventually be required to return
the security funds to Dominion Bank and
NCNB.
Pa%rment to local vendors City will be required
to pay local vendors from other fund sources.
3. Enhancement of retail facilities.
Retail facilities will not be enhanced by
needed public improvements.
Current owners or proprietors, Dominion
Bank and NCNB, will have difficulty
attracting new tenants. Tax revenue
received by the City from these retail
facilities will remain at current levels.
V. Recommendation:
City Council approve Alternative "A" thereby appropriating
$150,000 to an account for public improvements to Towne
Square Shopping Center and $70,000 to an account for
public improvements to Hunting Hills Plaza, such accounts
to be established in the Capital Projects Fund by the
Director of Finance.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:ERT:mpf
cc: City Attorney
Director of Finance
Director of Public Works
City Engineer
Building Commissioner
Chief, Community Planning
Subdivision Agent
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ch urch A, ver~ue. S W. Room 456
Roanoke, V~rgm~a 24011
Telephone: (703)981-2541
April 24, 1991
File #60-252-~
SANDRA H. EAKIN
De!outy C~ty Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance Ho. 30490-42291 amending and
reordaining certain sections of the 1990-91 Capital Fund
Appropriations, providing for the appropriation and transfer of
funds in the amount of $220,000.00 from Security accounts
attached by the City for the purpose of completing the installa-
tion of certain public improvements at Towne Square Shopping
Center and Hunting Hills Plaza. Ordinance No. 30490-42291 w~s
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, April 22, 1991.
Sincerely, ~~
Mary F. ~arker, C-~C/AAE
City Clerk
~4FP : ra
Eric.
pc: Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Conanissioner/Zoning
Administrator
Mr. John R. ~arlles, Chief of Co~nunity Planning
~r. 8arty L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF 'r~u~ CITY OF ROANOKE, VIRGINIA
The 22nd Day of April, 1991.
No. 30490-42291.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 Capital 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 1990-91 Capital Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
ADDroDriations
Other Infrastructure $16,682,113
Towne Square Shopping Center (1) ................... 150,000
Hunting Hills Plaza (2) ............................ 70,000
Revenue
Towne Square Joint Venture Letter of Credit (3) ...... 220,000
1) Appr. from
General Revenue
2) Appr. from
General Revenue
3) Towne Square
Joint Venture
(008-052-9666-9003) $ 150,000
(008-052-9667-9003) 70,000
(008-1265) (220,000)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
April 22, 1991
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Appropriation of funds from security accounts
attached by the City for the purpose of
completing the installation of certain public
improvements at Towne Square Shopping Center and
Hunting Hills Plaza.
I. Background:
Towne Square Joint Venture and Hunting Hills Joint
Venture are both Tennessee joint ventures, formed by
Barry E. Dotson and Associates and W. Gerald Ezell
(developers) of Nashville, Tennessee.
Towne Square Joint Venture, in 1986, purchased 93
acres of land situated adjacent to Crossroads Mall
shopping center on Hershberger Road, N.W., for the
purpose of constructing a retail shopping center.
Developers submitted a subdivision and related plans
to the City proposing the construction of a retail
shopping center (Towne Square Shopping Center).
Developers entered into an agreement with the City,
which included the posting with the City of security
in the form of a letter of credit. The purpose of
the security was to guarantee the installation of
specific public improvements related to utilities and
public streets, including specific improvements to
the existing Airport Road, N.W.
Huntin~ Hills Joint Venture, in 1988, purchased 16
acres of land adjacent to U.S. Route 220, South
(Franklin Road, S.W.). Owners thereafter petitioned
the City to rezone the property for commercial (C-2)
retail use.
Developers subsequently submitted a similar
subdivision and plans proposing the construction of a
Wal-Mart department store and a number of smaller
retail shops (Hunting Hills Plaza). Developers
entered into a second agreement with the City, which
again included the posting with the City of security
Members of Council
Page 2
in the form of a cash escrow guaranteeing the
installation of specific public improvements relating
to utilities and public streets, including
improvements to the existing Pheasant Ridge Road~
S.W.
II. Current Situation:
Subdivision Agent contacted the developers on
repeated occasions from mid-1988 through July, 1990,
requesting that the developers complete the public
improvements at both sites as required by the
subdivision agreements.
Developers failed to comply with the City's requests,
even after being issued several warnings that the
City might take steps to attach the posted security.
City Manager, on August 9, 1990, in accordance with
prescribed procedures provided in Chapter 31 of the
City Code and at the request of the Subdivision
Agent, attached the security previously provided by
both Towne Square and Hunting Hills Joint Ventures.
Security was posted in the following forms:
Towne Square Joint Venture - Letter of Credit in
the amount of $150,000, guaranteed by Dominion
Bank of Roanoke.
Hunting Hills Joint Venture - Escrow account in
the amount of $235,000, guaranteed by the
National Bank of North Carolina (NCNB).
Public improvements left by the developer in an
incomplete or incorrect state are as follows:
Towne Square Shopping Center
Improvements along Airport Road,
been provided.
Estimated Cost: $150,000
N.W. have not
2. Hunting Hills Plaza
Improvements to Pheasant Ridge Road,
have not been completed.
Estimated Cost: $70,000
SoWo
Erosion and sediment control/slope
stabilization
Estimated Cost: $165,000
Members of Council
Page 3
F. Amount of funds needed for immediate improvements:
Towne Square Shopping Center
(improvements to Airport Road, NW)
$150,000
Hunting Hills Plaza
(improvements to Pheasant Ridge Road)
70~000
$220,000
Total Improvements
City's attachment of the security requested the
transfer by the banking firms to the City at Dominion
Bank of Roanoke, amounts necessary to provide for
certain specific and immediate improvements. Amounts
deposited for the City's immediate needs are as
follows:
Towne Square Joint Venture - $150,000 deposited
by Dominion Bank of Roanoke, into the City's
account at Dominion Bank of Roanoke, leaving no
remaining funds.
III. Issues:
Hunting Hills Joint Venture - $70,000 deposited
into the City's account by the National Bank of
North Carolina (NCNB), leaving a balance of
$165,000 for later use or return to NCNB if they
undertake to provide the improvements (See part
IV, 2.d.).
A. Provision of necessary public improvements.
B. Payment to local vendors.
C. Enhancement of retail facilities.
IV. Alternatives:
City Council approve the appropriation of $150,000 to
an account for public improvements relating to Towne
Square Shopping Center and $70,000 to an account for
public improvements relating to Hunting Hills Plaza
1. Provision of necessary public improvements.
City subdivision ordinance requires the
subdivider to provide a security for the
specific purpose of providing and
completing the installation of all public
improvements required in the subdivision.
Proceeds of security can be utilized for
this purpose only.
Members of Council
Page 4
Provision of public improvements will
improve traffic ingress and egress at both
retail facilities.
Provision of public improvements will
improve storm drainage facilities along
U.S. 220 South.
Payment to local vendors.
a. Local engineering firms have, at the City's
request, prepared revised plans for
necessary street and utility improvements
at both retail facilities. City needs to
pay these firms.
Electrical services (caution signal,
controls and power) have continued without
interruption at the Towne Square Shopping
Center exit into Airport Road, N.W., as
provided by a local electrical firm. City
needs to pay this firm.
Scope of work specifications for
improvements to Airport Road, N.W., have
been prepared and will shortly be submitted
for bids. Funds will be needed to pay
contractors. Report will be forwarded to
Council when bids have been received.
Developer Henry Faison has been engaged by
the current proprietor of Hunting Hills
Joint Venture, NCNB, to complete all
required public improvements at Hunting
Hills Plaza. This firm will be requesting
payment for its services soon. City will
release remaining $165,000 held by NCNB as
this work is inspected and accepted by the
City.
Enhancement of retail facilities.
Completion of all public improvements at
both retail facilities will facilitate the
proprietors' efforts to attract and retain
retail tenants.
Full or increased tenancy will offer the
public a greater variety of retail choices
and will also generate additional tax
revenue for the City.
Members of Council
Page 5
City Council deny the request to appropriate funds
necessary to provide for the completion of secured
improvements related to Towne Square Shopping Center
and Hunting Hills Plaza.
1. Provision of necessary public improvements.
a. Improvements will not be completed.
City will eventually be required to return
the security funds to Dominion Bank and
NCNB.
Payment to local vendors - City will be required
to pay local vendors from other fund sources.
3. Enhancement of retail facilities.
Retail facilities will not be enhanced by
needed public improvements.
be
Current owners or proprietors, Dominion
Bank and NCNB, will have difficulty
attracting new tenants. Tax revenue
received by the City from these retail
facilities will remain at current levels.
V. Recommendation:
City Council approve Alternative "A" thereby appropriating
$150,000 to an account for public improvements to Towne
Square Shopping Center and $70,000 to an account for
public improvements to Hunting Hills Plaza, such accounts
to be established in the Capital Projects Fund by the
Director of Finance.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:ERT:mpf
cc: City Attorney
Director of Finance
Director of Public Works
City Engineer
Building Commissioner
Chief, Community Planning
Subdivision Agent
Office of the Oty Manager
August 9, 1990
Dominion Bank, National Association
International Division
210 South Jefferson Street
Roanoke, VA 24011
Dear Sir:
Subject: Draw under Dominion Bank, National
Association in Credit No. S03971
We certify that Towne Square Joint Venture has failed to
complete improvements at the Towne Square shopping center site,
Roanoke, Virginia, in accordance with the Land subdivider's
Agreement, dated December 9, 1986, between Towne Square Joint
Venture and the City of Roanoke, Virginia, and as required by
the Code of the City of Roanoke.
Pursuant to the terms of the letter of credit, we are
enclosing the three original standby letters of credit.
Please deposit the remaining one hundred fifty thousand
dollars ($150,000) in the City of Roanoke consolidated account
no. 01-00741888. Please send confirmation to City Treasurer,
P. O. Box 1451, Roanoke, VA 24007.
Sincerely,
W. Robert Herbert
City Manager
subdivision Agent
WRH:ERT:mpf
cc: W. Gerald Ezell, Hunting Hills Joint Venture
William Fuson, BD&E Development Company
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
M. J. Khan, Civil Engineer
Room 364 Municipal Bu~ldin9 215 Churc~ Avenue S W Roanoke Virginia 24011 (703)981-2333
Office of the Ci~/Manocjer
August 9, 1990
National Bank of North Carolina
One Independence Center
Charlotte, NC 28255
Attention: Loan Administration Section
Real Estate Lending Group
Dear Sir:
Hunting Hills Joint Venture has failed to complete the
improvements required by the Land Subdivider's Agreement, dated
7/1/88, and amended and extended by the Amended Subdivider's
Agreement, dated 3/31/89, and as required by the Code of the
City of Roanoke, Virginia. A copy of each agreement is
attached.
In accordance with the terms and conditions of the subject
Escrow and Security Agreement, dated 7/20/88, and the Amendment
to Escrow and Security Agreement, dated 3/31/89, copies of
which are attached, the City of Roanoke hereby formally
requests that NCNB, National Bank of North Carolina, disburse
to the City of Roanoke, Virginia, the amount of seventy
thousand dollars ($70,000), from the escrow funds in order to
complete the improvements required by the Land Subdivider's
Agreement and Amended Land Subdivider's Agreement referenced
above. The City of Roanoke will advise you if any additional
draws are necessary to complete the improvements required by
the above-cited agreements and the City Code.
Please wire this amount to Dominion Bank, Roanoke,
Virginia, to the City of Roanoke consolidated account no.
01-00741888. Upon completion of wire instruction, please
notify Mr. Ted Tucker, City Planner, Office of Community
Planning, 215 Church Avenue, S.W., Roanoke, Virginia 24011,
(703) 981-2344.
Sincerely,
W. Robert Herbert
City Manager
Edward R. Tucker
Subdivision Agent
WRH: ERT: mpf
cc: Huntlng Hills Joint Venture, Barry E. Dotson & Assoc.
Ino.
Room 364 Municipal 8u;Ichng 2 t 5 Church Avenue S W Roanoke Virg~ma 24011 (703) 98 t -2333
April 22, 1991
FROM:
SUBJECT:
Honorable Mayor and Members of city Council
Joel M. Schlanger
Monthly Financial Report
Attached is a copy of the financial report for the
month of March, 1991.
JMS/pac
GENERAL FUND
CONTINGF~NCY BALANCE
AS OF MARCH 31, 1991
General
Ord.
No.
30089
CMT
CMT
CMT
CMT
CMT
CMT
CMT
30244
30271
CMT
CMT
CMT
CMT
30435
30441
Contingency:
Balance July 1, 1990
Department
Emergency Med. Services
Management and Budget
Custodial Services
Custodial Services
Custodial Services
Director of Human
Resources
City Treasurer
Management and Budget
Commonwealth Attorney
Animal Control
Management and Budget
City Manager
Management and Budget
City Manager
Transfer to Capital Fund
Transfer to Capital Fund
Purpose
426,895
Billing & Collection Srvc. (22,500)
Consolidation Study Expenses ( 2,393)
Excess Custodial Contract
Funds 5,000
Excess Custodial Contract
Funds 5,000
Excess Custodial Contract
Funds 944
Rent for Health Department
Filing Unit
Consolidation Study Expenses
Secretarial Position
S.P.C.A. Contract
Consolidation Study Expenses
Come, unity Relations Task
Force
Consolidation Study Expenses
Community Relations Task
Force
Old Mt. Road Bridge
Old Mt. Road Bridge
3,100
1,865
533
1,697
6,800
1,273
( 5,000
( 1,368
( 5,000
( 15,900
(135,000)
$235,410
Maintenance of Fixed Assets Contingency:
Balance July 1, 1990
30372 Juvenile Detention Home Security Doors
200,000
9,004)
190,996
1
GENERAL FUND
CONTINGENCY BALANCE
AS OF MARCH 31, 1991
(continued)
Equipment Replacement Contingency:
Balance July 1, 1990
Ord.
No. Department
CMT
30226
30426
30428
30457
30459
Sheriff
Building Maintenance
Social Services
Grounds Maintenance
Refuse Collection
Street Maintenance
Purpose
Equipment
Fire Station Alterations
Vehicle
Street Sweeper
Refuse Truck
Paint Striping Machine
$ 600,000
( 2,000)
( 3,732)
(12,993)
(68,700)
(75,580)
{123,375)
$313,620
Supplemental Budget - Employee Uniforms:
Balance July 1, 1990
89,700
Supplemental Budget - Employee C~mpensation:
Balance July 1, 1990
139r713
Total Contingency Balance
$969r439
2
CITY OF ROANOKE
GENERAL FUND
STATUS OF C{4ERP
MARCH 31, 1991
City School
Balance July 1, 1990
Appropriations:
$1,667,297 $670,361
Ord. No.
30210
30248
30261
30295
30308
30309
30323
30376
30380
30449
Department
School Board
Cable TV Contract
UPS Project
Equipment for P/P Proration
School Board
Law Library - Prior Year Carryover
Civic Center Renovations
Police Vehicles
School Board - Equipment
Fire Trucks
Total Appropriations
Unappropriated Balance
- 171,700
13,930
125,000
25,891
- 13,550
30,704
260,000
225,000
- 125,000
926,621
1~607,146 310,250
60,151 $360,111
CITY OF ROANOKE
GENERAL FUND
STA'£~MENT OF REVENUE
General Property Taxes
Other Local Taxes
Permits, Fees, and Licenses
Fines and Forfeitures
Revenue From Use of MoneF &
Property
Education
grants-in-Aid Commonwealth
6rants-in-Aid Federal Gov~t
Charges for Current Services
Miscellaneous Revenue
Internal Services
Total
J~/~ 1-~sr. 31 Jul~ 1-~ar. 31
1989-9~ 199~-91
$24,323,620 $25,357,523 4.25% $48,816,705
23,872,605 25,904,081 8.51% 37,730,000
332,031 405,241 22.05% 570,218
454,236 507,147 11.65% 593,000
51.94%
68.66%
71.07%
85.52%
1,006,170 923,425 (8.22%) 1,596,170 57.85%
21,801,788 22,577,422 3.56% 33,633,379 67.13%
14,260,613 14,993,321 5.14% 24,454,218 61.31%
20,622 32,808 59.09% 28,000 117.17%
1,792,644 2,134,971 19.10% 3,003,046 71.09%
279,857 660,336 135.95% 800,049 82.54%
1,081,689 1,259,270 16.42% 1,588,800 79.26%
$89,225,875 $94,755,545
6.20% $152,813,585
62.01%
4
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
J~l~ 1-~ar. 31 Jul~ 1-1~ar. 31 l~
1989-90 1~0-91 of ~
6eearal 6over $ 6,081,491 $ 6,417,297
Judicial ~F~inlstration 2,297,738 2,585,611
Public Safety 19,722,497 20,573,008
Public Works 14,881,461 14,144,740
Xealth and Welfare 9,108,864 9,866,824
Parks, Recreation & Cultural 2,791,301 2,844,015
Co~munit~ Developmant 985,372 909,791
Education 46,108,523 47,149,479
Debt Service 7,520,831 7,511,515
Non-Departmental 4,639,800 298,186
Total
C~t Fiscal Year
5.52% $ 2,197,329 $ 8,614,626 74.49%
12.53% 817,189 3,402,800 75.98%
4.31% 8,041,361 28,614,369 71.90%
4.95%) 4,884,752 19,029,492 74.33%
8.32% 3,858,009 13,724,833 71.89%
1.89% 1,089,802 3,933,817 72.30%
7.67%) 554,941 1,464,732 62.11%
2.26% 19,109,122 66,258,601 71.16%
0.1~%) 799,385 8,310,900 90.38%
(93.57%) 4,385,657 4,683,843 6.37%
$114,137,878 $112,300,466 (1.61%) $45,737,547
$158,038,013 71.06%
5
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBI~%NCES AND
UNENCUMBERED APPROPRIATIONS SLg~%RY AS OF MARCH 31, 1991
Geaeral Gove~-ot $ 5,459,444 $ 1,534,661 $ 6,994,105 $ 4,269,767 $ 2,724,338 $ 36,044 $ 2,688,294
Education 9,690,126 2,054,923 11,745,049 8,202,799 3,542,250 187,795 3,354,455
Recreation 660,000 132,000 792,000 631,611 160,389 147,155 13,~34
Streets and Bridges 5,260,373 3,248,089 8,508,462 5,270,155 3,238,307 1,487,005 1,751,302
Sanitation 8rojects 5,182,229 993,053 6,175,282 5,557,304 617,978 521,123 96,855
Traffic Engineering
& Co~mmication 1,305,076 1,305,076 1,037,941 267,135 34,635 232,500
Other Infrastructure
Projects 14,555,689 1,906,424 16,462,113 1,074,183 15,387,930 12,003,990 3,383,94~
Capital I~provement
Reserve 4,145,090 (10,667,916) (6,52~.826) - (6.522.826) - (6.52~.826)
$46.258.027 $( 798.766~ S 45.459.261 $26,043,760 $ 19,415,501 $14,417,747 $ 4f997,754
Total Capital Projects
Fund
6
CITY OF ROANOKE
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDED MARCH 31, 1991
Operating Revenue:
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
Roanoke County
Customer Services
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
General Expenses
Pumping Stations and Tanks
Purification
Total Operating Exp. Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Interest on Investments
Rents
Miscellaneous
Sale of Land
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Total Non-Operating Expenses
1991
$ 913,173
1,249,956
66,075
16,861
720,320
336t546
3~302~931
676,227
1,018,809
266,886
206~853
2~168f775
1,134,156
526~964
607~192
112,665
10,818
3,380
10t000
136~863
744,055
3,000
3~000
1990
$ 812,074
1,089,290
78,364
33,865
727,319
170~626
2f911~538
639,437
1,085,877
253,674
142~837
2~121~825
789,713
516~074
273,639
148,072
3,413
3,845
155~330
428,969
7,500
7e500
Net Income
$ 741~055
$ 421{469
7
WATER FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
New Services, Hydrants, Lines
Unidentified Plant Replacement
Fire Hydrants
Water Maintenance - Painting
Expand Carvins Cove Plant
Realignment of Thirlane Road
FC Plans and Specs
FY 86 Project Design
Edgewood Replacement
Falling Creek Plant Rehab. Ph. I
Thirlane Road Realignment
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditures
$ 396,737
302,997
10,503
3,391
855
9,803
131,387
12,103
9,007
595,577
93r085
1,565,445
126r137
$1~439~308
NOTE: Some of these projects are continued from prior years with inception to
date totals.
CITY OF ROANOKE
SEWAGE TREATmEnT FUND
COMPARATi-~E INCOME STATEMENT
FOR ~ 9 MONTHS ENDED MAR~ 31, 1991
Operating Revenue:
Sewage Charges - City
Sewage Charges - County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
Administrative and Operating Expenses
Total Operating Exp. Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income (Loss)
Add: Non-Operating Income
Interest on Investments
Miscellaneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Total Non-Operating Expenses
1991
$ 3,245,178
595,112
166,648
655,112
44,200
54,642
10r949
4r771r841
1,040,934
3r108{073
4r149~007
622,834
711~939
89,105)
99,477
65~987
165~464
76,359
50~100
50~100
1990
$2,919,320
733,089
230,639
1,059,044
37,957
85,272
11~146
5,076~467
981,894
2~884~782
3~866~676
1,209,791
694~204
515~587
174,665
34~283
208r948
724,535
63~281
63~281
Net Income
$ 26~259
$ 661~254
9
S~WAGR TREATMP/~T FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
Unidentified Construction
Vehicular Equipment
Other Equipment
FY 86 Projects Design
STP Land Acquisition
STP - Dechlor Facility
Williamson Road Storm Drain Ph. 2, Cont.
Williamson Road Storm Drain Ph. 2, Cont.
Roanoke Diesel Engine ~7
Williamson Road Storm Drain Ph. 2, Cont.
Realignment of Thirlane Road
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
IIE
IF
IG
Year to Date
Expenditures
$ 94,402
12,993
9,951
36,097
25,721
400,502
160,328
27,236
771,610
320,780
34,692
1,894,312
557~638
$1~336~674
NOTE: Some of these projects are continued from prior years with inception to
date totals.
10
ROANOKE REGIONAL AIRPORT CO}~ISSION
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDED MARCH 31, 1991
Operating Revenue:
1991
1990
Landing Fees
Building and Equipment Rentals
Terminal and Other Property Rentals
Advertising
Commissions
Miscellaneous Fees
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
Operating Expenses
Total Operating Exp. Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income (Loss)
Add: Non-Operating Income
Interest on Investments
Interest Income - Airport Debt Service Accounts
Miscellaneous
State Promotion Grant
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Paying Agent Fees
Interest Expense 88 Revenue Bond Issue
Total Non-Operating Expenses
$ 606,037
142,018
889,679
38,751
1,378,409
13~631
3,068r525
774,681
lr038~870
1~813~551
1,254,974
806~047
448~927
177,331
46,146
3,430
15~000
241r907
690,834
70,381
2,304
365~820
438~505
$ 362,137
129,141
540,918
22,672
1,357,896
29{699
2~442{463
656,899
lr071f092
1~727~991
714,472
718{684
4,212)
166,167
26,240
192~407
188,195
75,278
3,104
273~205
351~587
Net Income (Loss)
$ 252~329
${ 163,392)
11
ROANOKE REGIONAL AIRPORT CO~ISSION
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
Furniture and Equipment
Vehicular Equipment
Other Equipment
Paint Hangers
Unidentified Construction
Repaint R/W & T/W Markings
Roof Repairs - Replacement
Repairs to Hangers
Rework Security Gates
Airside Inspect Testing Analysis
Environment Safety Assessment
Runway Extension #23
New Terminal Building
Terminal Related Projects
General Aviation Development
FAR Part 150 Noise Study
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditures
$ 5,948
15,481
25,693
7,000
8,823
1,615
28,576
5,325
3,197
2,500
1,445
283,886
24,306,052
81,424
23,768
92,621
24,893,354
24~128~842
$ 764r512
NOTE: Some of these projects are continued from prior years with inception to
date totals.
12
CITY OF ROANOKE
CIVIC CENTER FUND
COMPARATIVE INCOME STATE~4EN~
FOR THE 9 MONTHS ENDED MARCH 31, 1991
Operating Revenue:
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Administrative: Personal Services
Utilities and Com~aunications
Administrative Expenses
Promotional Expenses:
Personal Services
Services and Charges
Total Operating Exp. Before Depreciation
Operating (Loss) Before Depreciation
Less: Depreciation
Operating (Loss)
Add: Non-Operating Income
Interest on Investments
Miscellaneous
Total Non-Operating Income
1991
227,284
42,372
69,474
2,094
40,550
74~849
456~623
463,580
243,679
663,935
51,709
3,371
1~426~274
( 969,651)
263,012
(1,232,663)
14,559
570~736'
585~295
1990
$ 255,901
45,789
83,847
1,765
66,192
88~723
542,217
424,076
214,938
495,615
62,595
8r164
1~205,388
663,171)
257,297
920,468)
30,429
3~805
34,234
Net (Loss) $( 647,368) $( 886,234)
*Significant increase due to reimbursement for fire damage.
13
CIVIC CEN'£~4 FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
Other Equipment
Trade Center
Fire Alarm System
Asbestos Abatement Auditorium
Auditorium Fire Damage
Auditorium Interior Renovation
New Toilet Floors - Coliseum
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditures
$ 99,848
50,000
29,541
75,789
576,696
205,703
22~422
$1,059,999
78~063
$ 981~936
NOTE: Some of these projects are continued from FY90 with inception to date
totals.
14
CITY OF ROANOKE
IN'£~KNAL SERVICE FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDED MARCH 31,
1991
Operating Revenue:
Charges for Services
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
Operating Expenses
Total Operating Exp. Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Interest on Investments
Total Non-Operating Income
Net Income
1991
$5,694,671
5~694~671
3,200,084
1~469~398
4~669~482
1,025,189
383r861
641,328
89~557
89~557
$ 730~885
1990
$5r016~900
5~016r900
2,979,639
1~501~781
4~481~420
535,480
516~047
19,433
108~946
108~946
$ 128~379
15
l N"I'ERN~%L SERVICE
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
MS - Furniture and Equipment
CIS - Other Equipment
CIS - Automated Library Equipment
MC - Other Equipment
MVM - Other Equipment
ULS - Vehicular Equipment
ULS - Other Equipment
Year to Date
Expenditures
$ 94,013
42,257
777,178
14,779
10,271
105,202
69~121
Total
$1~112r821
16
CITY OF ROANOKE, VIRGINIA
crrY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED MARCH 31, 1981
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE
FUNDS OF SAID CiTY THE MONTH ENDED MARCH 31, 1991.
F[JN~ : BALANCE A'~ ': RECEIPTS DI~SB:~I~gEM EN~g~
~ ~'1r BALANCE AT :
GENERAL (S5,738,896.84) $15,022,607.35 ' ' $12.203.256.80
WATER 2,071,335.12 382,419.10 639.349.54 1 ~IB~ ~1-~,~1~4;~ 2,266,325.08
SEWAGE 1,483,219,75 t ,092,841.82 831.747.86 'l~'~l,~,l:& 71 2,568,78B83
AIRPORT 3,930,814,07 263,306.66 329.905.81 3,;1164.21 ~.'~ll 2,621,652.28
CIVIC CENTER (355,116.76) 32,305.31 405,499.90 {~,~31:1:~) 2,361.00
INTERNAL SERVICE 1,923,877~ 16 621,424.23 477.856.27 2,13~5'~.~12 1,664,513.96
CAPITAL 17,472,481.34 166,437.43 708.890.37 '16,~32.02~ 17,594,156.15
DEBT SERVICE 592,324.96 1,729,00 222.885.48 371~; l:lliS~B 744,420.37
FD ETC 3,533.27 45,874.98 162.627.32 {$~3.2! ~;~07) (37,640.42)
GRANT PROGRAMS (1,424,302.80) 1,246,460.20 850.986.70 (11~;8:~9;;30) (1.572,762.81)
WELFARE I, 273.45 0.00 1.273.45 (1~ (363,722.87)
PAYROLL 374,434.34 9,734,378.57 11.235,594.63 :(~1 ;32~.,'~1ti;7~ (4,834,425.58)
RETIREMENT 118.924.89 301.000.00 419.794.70 ~1:;3~!g 0.00
TOTAL
$20,453,901.95 $28,910,784.67 $28.487.668.83 . ~'~,E'~7~1:~;'~. $20,412,940.33
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING MARCH 31, 1991 THAT
SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
CERTIFICATES
OF DEPOSIT
CRESTAR BANK
$7,000,000.00
DOMINION SANK
SOVRAN BANK
TOTAL
2,000,000.00
DATE: APRIL 11, 1991
o, oo,ooo.oo
GORDON E. PETERS1 ROANOKE CITY TREASURER
17
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXl~ENSES
FOR THE 9 MONTHS ENDED MARCH 31, 1991
City's Contributions
Investment Income
Gain on Sale of Investments
Income from Bond Discount Amortization
Total Revenue
1991
3,822,006
3,705,729
1,798,212
117~845
$ 9r443{792
1990
$ 3,957,429
3,595,323
631,206
205~087
$ 8r389~045
EXPENSES
Pension Pa!anents
Fees for Professional Services
Active Service Death Benefit
Expense from Bond Premium Amortization
Administrative Expense
Total Expenses
Net Income Year to Date
$ 3,860,775
292,312
41,436
115,597
130~137
4~440~257
$ 5~003~535
$ 3,583,651
279,205
8,023
143,307
153~475
4~167~661
$ 4~221,384
18
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AS OF MARCH 31, 1991
ASSETS 1991 1990
Cash $( 328) $( 627)
Investments:
(market value - 1991 $123,809,355
1990 $107,358,509) 109,848,337 100,031,085
390
Due From Other Funds
Total Assets
109,848,399
$ 100~030,458
LIABILITIES AND FUNDBALANCE
Due to Other Funds
Total Liabilities
421,144 (1) $ -
421~144 -
Fund Balance, July 1
Net Income Year to Date
Fund Balance
Total Liabilities and Fund Balance
$ 104,423,720 $ 95,809,074
5~003~535 4~221,384
109,427~255
$ 109~848~399
100~030~458
100,030,458
(1) Balance reflects the consolidation of the Pension Plan accounting into the
general ledger accounting system on July 1, 1990.
19
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roanoke, V,rgm~a 24011
Telephone; (703} 981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy Cay Clerk
File #448
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Deer Mr. Herbert:
I am attaching copy of Ordinance No. 30478-42291 providing for
one or more non-exclusive franchises to construct, operate, end
maintain one or more cable television systems within Roanoke,
Virginia. Ordinance No. 304?8-42291 ~as adopted by the Council
of the City of Roanoke on first reading on Monday, April 15,
1991, also adopted by the Council on second reading on Monday,
April 22, 1991, end will take effect ten days following the date
of its second reading.
Sincerely, ~~
Mary F. Perker, CMC/AAE
City Clerk
MFP:ra
Enc o
pc: Mr. Howard E. Musser, Chairman and Members of the Roanoke
Regional Cable Television Corrmittee
Ms. Mary H. Allen, Clerk, Roanoke County Board of
Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798
Ms. Carolyn H. Ross, Clerk of Council, Town of Vinton, P. O.
Box 338, Vinton, Virginia 24179
Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke,
Virginia 24001
Mr. Bernard W. £engheim, .Manager, Roanoke Valley Cablevision,
Inc., P. O. Box 13726, Roanoke, Virginia 24034
Mr. O. D. Page, P. E., 7536 Spring Lake Drive, Bethesda,
Maryland 20817
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
The 22nd Day of April, 1991.
No. 30478-42291.
AN ORDINANCE PROVIDING FOR ONE OR MORE NON-EXCLUSIVE FRANCHISES TO
CONSTRUCT, OPERATE, AND MAINTAIN ONE OR MORE CABLE TELEVISION
SYSTEMS WITHIN ROANOKE, VIRGINIA.
BE 1T ORDAINED BY ~ COUNCIl. OF ~ CTI'Y OF ROANOI~ AS FOLLOWS:
ROANOKE-VALLEY CABLE TI~.~VI$ION ORDINANCE
("CATV ORDINANCE')
1 DEFINITIONS. For the purpose of this Ordinance, the following terms, phr~es, words,
and their derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the plural number. The words
"shall' and "will" am always mandatory, and not merely directive or indicative. The word
"may" is permissive and indicative, and not mandatory.
1.1 'AB Switch': A high-isolation switch used to select between two input signal
sources, e.g., an off-air antenna and the cable television subscriber drop.
1.2 'Access Cublecasting': Services provided by or through a cable television
system on its public, educational, local government, and/or lemsed Channels.
1.3 'Access Channels': Designated Channels providing for nondiscriminatory use
of the Cable System by the public, government agencies, and educational and other institutions
as defined below:
1.3.1
"Educational Access Channels': Designated Channel(s) allocated for
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non-commercial use by the local educational authorities and institutions, i.e., public and private
schools, industrial training centers, community colleges, colleges, universities, and other
institutions of learning.
1.3.2 "Government Access Channels": Designated Channel(s) allocated for
non-commercial use by the City of Roanoke, County of Roanoke and the Town of Vinton.
1.3.3 "Public Access Channels': Designated Channel(s) allocated for free-
expression, non-commercial, and nondiscriminatory use by any member or members of the public
at no charge for channel time.
1.4 'Active Device': A device or circuit capable of some dynamic function, such
as amplification, oscillation, or signal control, and which usually requires a power supply for its
operation.
1.5 "Aerial Cable": Outside Cable that is located above ground on overhead ulillty
or other structures.
1.6 "Affiliated Person': Any Person, corporation, partnership, or other legal
entity under common Control by or with Grantee, any general permer, joint-venture partner, or
other Person holding 5% or more of Orantee's stock, or any director or officer of Grantee,
provided that 'Affiliated Person' shall in no event mean Grantor, any Limited Partner of
Grantee, or any creditor of Grantee solely by virtue of its status as a creditor.
1.7 'Alphanumeric': A format consisting of a combination of letters and numbers,
usually used (a) in reference to keyboards permitting communication in such form and/or (b) in
reference to Channels or programs transmitting information in such form.
1.8 "Ambient Temperature': The temperature of the medium surroundinff subject
apparatus and equipment. Sometimes synonymous with room temperature.
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1.9 "Amplifier': A device used to increase the operating level or power of an
input signal, or to change the impedance of or isolate the input signal from the output signal.
Used in a Cable Distribution System (trunk and feeder) to compensate for the effects of
attenuation (signal loss) caused by losses in transmission components (cable, passives, etc.). Also
used in Head-Ends and processing centers, usually for single Channels.
1.10 'Analog': Pertaining to signals in the form of continuously-varying physical
quantifies.
1.11 "Annexed Areas": Any areas added to the Territorial Limits of Grantor.
I. 12 'Antenna': Any structure or device used to collect or radiate electromagnetic waves.
1.13 "Area Outage": An Area Outage occurs when five (5) or more Subscribers report
that they ate deprived of Cable Service as a result of a single event or occurrence.
1.14 'Armored Cable' Coaxial cable that can be direct-buried without protective conduit,
or used in haT~rdous applications. For underwater applications, this cable is constructed with
a flooding compound applied to the cable's outer conducting sheath followed by a plastic jacket,
armor, and another plastic jacket.
1.15 "Audio': Relating to sound or its reproduction; used in the transmission or reception
of sound.
1.16 'Audio Signal': The sound signal, amplified and provided as appropriate to speakers
or earphones.
1.17 "Bandwidth": A measure of the information-carrying capocity of a Channel. The
range of usable frequencies that can be carried by a Cable Television System.
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1.18 "Basic Cable Service": The minimum-level tier of multiple-channel service which
includes the retransmission of local television broadcast signals Ixansmitted to Subscribers
connected to the Cable System.
1.19 'Bidirectional": The ability to transmit signals in both directions (upstream and
downstream) simultaneously.
1.20 "Bonding": (1) The permanent joining of metallic parts to form an electrically-
conductive path which will ensure electrical continuity and the eapacity to conduct safely any
current likely to be imposed; (2) The interconnection of the CATV cable support strand with
a telephone company support strand and/or the power company ground/neutral wire to eliminate
ground potential differences.
1.21 "Broadband": Any System capable of delivering multiple Channels and/or services
to users or Subscribers. Generally refers to CATV Systems. Synonymous with wideband.
1.22 "Broadcast": Over-the-air transmission by a standard FCC-authorized radio or
television station, to a multiplicity of receivers.
1.23 "Cable": (1) Used synonymously with "Cable Television"; (2) One or more
electrical or optical conductors found within a protective sheath.
1.24 "Cable Act": The Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et
se~_.
1.25 "Cable Distribution System", or "Distribution System": That part of the Plant (usually
coaxial cable and/or fiber-optic cable with associated Amplifiers, Drops, and other devices,
hardware, and accessories) which is used to provide Service from an origination point (Head-
End) to Subscribers.
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1.26 "Cable Sendce": Any service provided by the Cable System.
1.27 "Cable System" or "System" or 'CATV System' or 'Cable Television System': The
complete system in a physical sense; the Antennas, Cables, Amplifiers, towers, microwave links,
satellite links, and any other conductors, converters, equipment, or facilities and Plant designed
and consmicted for the purpose of receiving or producing, amplifying, storing, processing and
distributing Audio, Video, Digital, Analog, control, or other forms of electronic or electric
signals to and/or from Subscribers as herein provided. See "Cable Television" below.
1.28 "Cable Television", or "CATV": A Broadband communications technology in which
multiple television, Audio, Digital, control, Analog, and other electrical signals are transmitted
through a Cable Distribution System to and/or from single or multiple locations.
1.29 "Carrier": An electromagnetic wave of which some characteristic is varied in order
to convey information. A radio-frequency or microwave signal upon which the sound (Audio),
picture (Video), or color information in a television picture is modulated.
1.30 "CATV Committee": The Roanoke Regional Cable TV Committee; See Part 11.
1.31 "CATV Ordinance": This Ordinance.
1.32 "Channel": A signal path of specified Bandwidth for conveying information. Usually
a band of frequencies in the electromagnetic spectrum which is capable of carrying one standard
NTSC audio-video-color television signal; at present, a spectrum of 6 MHz, usually as specified
by a Television Channel-assignment system.
1.33 "Channel Capacity": In a Cable Television System, the number of Channels that can
be carried simultaneously on the system. Presently defined in terms of the number of 6-MHz
(television) channels.
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1.34 'Character Generator': An Alphanumeric text generator, commonly used to display
messages on a television set. May also have graphics capability.
1.35 "Community Studio"': A Studio for the origination of programming to be cablecast
on the Cable System to be used primarily for Public Access and local origination.
1.36 *Control' or "Controlling Interest": The ownership or voting control of 50% or more
of the issued outstanding shares of Grantee or any Parent of Grantee; the ability to elect a
majority of the Board of Directors of Grantee or any Parent of Grantee.
1.37 'Converter': (For TV receiver). An electronic device which changes CATV
Channels to a Channel which can be received by the Subscribers' television sets by use of an
appropriate Channel selector, which permits Subscribers to view all unmodified TV signals
delivered at designated dial locations.
1.38 'dBmV' or *Decibel-Millivolt': A unit of measurement referenced to one millivolt
(reV) across an impedance of 75 ohms, which is the standard impedance for metallic CATV
Systems.
1.39 "Decibel' or "dB": A unit that expresses the ratio of two levels of power as a
logarithmic function: dB= 10 LOglo P~/P2.
1.40 "Decoder": A device, located on or near the Subscriber's premises, which
descrambles or decodes signals so that they may be viewed or used by the Subscriber. May be
combined in the same enclosure with and as part of the 'Converter". Also called 'Descrambler'.
1.41 'Descrambler": See "Decoder".
1.42 'Digital Signals': Signals and information uansmitted in the form of individual
electronic pulses.
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1.43 'Distribution System': See 'Cable Distribution System'.
1.44 'I)own': Inoperable; not functioning within specifications.
1.45 'Down Time': The period of time during which the CATV System is not providing
Cable Service.
1.46 'Downstream Transmissions': Signals transmitted in the direction from the Head-End
toward Subscribers or other location(s).
1.47 'Drop': The line from the Feeder Cable to the Subscriber's television or Converter.
1.48 'Dwelling Unit': Any building used as a domicile or living quarters.
1.49 'Educational Access Channel': See ¶1.3.1.
1.50 'Emergency Override': An emergency communications system which allows
messages or announcements to replace the normal pictur~ and/or sound on all Channels of a
CATV System. See ~[ 9.9.
1.51 'Emergency Power': (Standby Power; Backup Power) Oenerator or battery back-up
to replace primary power during any electrical power failure or outage. See ¶ 9.8.
1.52 'Facility': The site, including land and buildings, containing all or part of a system
or systems of technical apparatus: for example, a Head-End facility or microwave facility
employed for purposes of electronic communications or data processing.
1.53 'Failure': See 'Fault'.
1.54 'Fault': A condition that results in a functional unit in the System failing to perform
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in the required manner.
1.55 "FCC': The Federal Communications Commission.
1.56 "Feeder Cables': (Fecder Lines) The Cables that take signals from the Trunk to the
Subscriber area and to which Drops are attached.
1.57 "Fiber Optics": The technology of modulating and guiding fine beams of light
through hair-thin glass fibers as communications paths.
1.58 "Franchise": The formal document which authorizes a specific Grantee (Cable
Operator) to construct, own, and operate a Cable TV System in the area defined by, and pursuant
to the terms and conditions of, this Ordinance.
1.59 "Franchise Fee": The fee paid by the Grantee to the Grantor in consideration of the
use of public Streets and the costs of regulation of the CATV System, handling public complaints
and other public matters, and administration of local-access activities and this Ordinance and the
Franchise.
1.60 "Government Access Channels": See ¶1.3.2.
1.61 "Grantee": The Person granted a Franchise pursuant to this Ordinance; any successor
to that Person in accordance with the provisions of this Ordinance.
1.62 "Grantor": The governmental entity granting a Franchise pursuant to this Ordinance.
When used in regulatory and reporting contexts, "Grantor' shall mean Orantor's Executive
Officers.
1.63 "Gross Revenues ': The total of any and aH payments made to or compensation
received by Grantee, its affiliates, subsidiaries and Parents, directly or indirectly, from
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Subscribers, advertising, shopping services, PCN's, and any other legal users of the Cable
System as a consequence of the operation of the Cable System in the Territorial Limits; provided
that such reported receipts shall not include any add_on state or local sales taxes.
Where a Parent receives compensation for use of multiple Systems, this revenue is allocated
to individual franchises and/or Grantees on the basis of the count of those Subscribers who
receive Basic Service and who are not delinquent in payments, compared to the total applicable
multiple-system basic-subscriber count.
1.64 "Head-End": The control center of a Cable Television System; the electronic
processing center through which broadcast, cablecast, satellite, and other signals are
electronically translated or modified and combined for distribution throughout the entire Cable
System.
1.65 "Institutional Cable Distribution Network ": A Cable subsystem which carries
television, Audio, Video, Analog, control and Digital signals between and among government,
educational, public, and business institutions and other locations as designated. The Institutional
Cable Distribution Network may be a Cable, physically separate and distinct from the Subscriber
Cable System, or it may consist of combinations of Upstream and Downstream Channels on' the
Subscriber Cable System, usually capable of resl-time interactive service. This Network may
include provisions for scrambling and de-scrambling signals for limited and controlled reception.
1.66 "Institutional Studio': A Studio for origination of programming to be cablecast on
the Cable System by Grantor;, to be used primarily for Educational and C, ovemmental Access.
1.67 "Interconnect': The connection between two or more Cable Systems.
1.68 "Mean time to Install": Average time to complete installation, from the time of oral
or written order to written acceptance. Total time for installations divided by number of
installations.
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1.69 "Mean Time to Repair" (MTR): Average lime to complete repairs, from lime of oral
or written complaint to written acceptance. Total lime for repairs divided by number of repair
orders.
1.70 "Mile" (of Cable PianO: A horizontal distance of 15280 feet, as measured on the
surface of the earth and parallel to the Cable Distribution System.
1.71 "Non-Profit Organization": An entity that has qualified under Internal Revenue Code
Section 1501(c)(3).
1.72 "Origination Cablecasling": Locally-originated programming carried on the Cable
System which can be originated by the Cable Operator; by local institutions; by those using
leased Channels; by the public; or by other Persons.
1.73 "Outlet": A CATV connection terminal in a structure which is used for the purpose
of connecting a television receiver or other Subscriber terminal to the CATV System.
1.74 "Overbuild": To construct a second, competing CATV System in an area already
served by a CATV System.
1.75 "Parent" (When used in reference to Grantee): Any Person holding direct or indirect
ownership Control of Grantee.
1.76 "Performance Standards (Technical Standards)": Minimum technical requirements
established he~in by Grantor. See ¶ 5.1.
1.77 "Person": Any person, firm, partnership, association, corporation, company,
organization, or other entity.
1.78 "Plant': Grantee's buildings, tower(s), Amplifiers, Antennas, processors, lines,
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Cables, wires, and all other physical equipment and acce~eries utiliT, n~ in the operation of the
System.
1.79 "Premium Service": 'Optional additional programming provided to Subscribers at an
additional monthly charge for each added Channel or group of Channels carrying such
programming.
1.80 "Public Access Channel": See ¶1.3.3.
1.81 "Public Notice": An announcement to the community of some action planned by the
Grantor or its designee in respect to Cable Service or the Franchise. May be accomplished by
bulletin, newspaper, radio or TV broadcast, or other means, including announcements on the
Cable System, to insure that all community members can be made aware of the event.
1.82 "Rebuild": The physical modification of the CATV System to provide a
significantly higher level of performance and usually providing more Channels.
1.83 "Roanoke City": The City of Roanoke, Virginia.
1.84 "Roanoke County": The County of Roanoke, Virginia
1.85 "Sc~unble ": To make a signal unintelligible except to authorized terminals.
1.86 "Service": See "Cable Service".
1.87 "Signal-to-Noise Ratio ": The ratio, expressed in Decibels, of the peak voltage of the
signal of interest to the Root-Mean-Square voltage of the noise in that frequency band.
1.88 "Standard Drop": An aerial drop which does not exc_~__ 150 feet.
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1.89 "State of the Ar~": That level of technical performance or capacity or service of
Plant, for which there is a reasonable demonstrated market demand and which has been
demonstrated by existing Cable Television System operators and reputable equipment suppliers
to be workable in the field, but not exceeding that level of technical performance or capacity
which has been installed and is operating at the time in at least $ other Cable Systems of
comparable or smaller size.
1.90 "Street": The surface of and the space above and below any public street, road,
highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or
other easement now or hereafter held by Grantor for the purpose of public travel,
communications, alarm, street lighting, power distribution, or other public use and shall include
such other easements or rights-of-way as shall be now held or herent~ held by Grantor.
1.91 'Studio': A specially-designed room with associated lighting, switching, control and
monitoring facilities used for the origination of programming.
1.92 "Subscriber': Any Person legally receiving in the Territorial Limits any of the Cable
Services of Grantee.
1.93 "Subscriber Down Time": Outage hours per Subscriber. Obtained by multiplying the
number of Subscribers affected by the length of time the System or portion thereof is Down, for
each such occurrence, then adding the numbers so obtained to arrive at the total for the period,
and then dividing that total by the total number of Subscribers.
1.94 "Subscriber Drop": See "Drop".
1.9:5 "System ": See "Cable System".
1.96 "Technical Standards": See ¶ 5.1. System performance requirements established by
local, state, and/or federal governments and/or applicable to Grantee pursuant to the terms of this
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Ordinance and the Franchi~,
1.97 'Telephone Waiting Time': The time required for Grantee to attend to a call from
a waiting Subscriber or prospective Subscriber. Includes time used for listening to recorded
messages or instructions, and any other machine time or waiting time (e.g. for telephone ringing
or "hold") by the Subscriber. See ¶ 20.6.
1.98 "Territorial Limits": The geographical limits of Roanoke City.
1.99 'Television Channel': The range or band of the radio frequency spectrum assigned
by the FCC to a standard VHF or UHF television station; at present, 6 MHz in the U.S. and
Canada. The Channel number assigned by the FCC and/or the Cable Operator.
1.100 'Tier (Tiered Service)': Different packages of programs and services on
Cable Television Systems for different prices.
1.101 "Transfer': The disposal, directly or indirectly, voluntarily or involuntarily,
by any method, including gift, assignment, sale, merger, consolidation, acquisition, bankruptcy,
receivership, or otherwise, of the ownership or Control of Grantee, the System, or the Franchise
in whole or in part.
1.102 "Trunk' or "Truvldlne': The primary Cable leading from the Head-End of
the Cable Distribution System to the various points where Feeder Lines am tapped off to
distribute signals to Drops.
1.103
'Unit': A building occupied by one or more persons as a dwelling.
1.104 "Upstream": The direction on the Cable from any designated point in the
System toward the Hoad-End.
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1.10~ 'Upstream Transmissions': Signals travel in the direction from designated
origination points in the Cable System to a Head-End.
1.10~
"Video": Visual electronic information; a picture signal.
1.107
"Vinton": The Town of Vinton, Virginia.
Other Definitions: Any term defined in FCC and/or other applicable rules and regulations
or statutes as of the effective date of the Franchise, but not included in the foregoing list, shall
be incorporated herein by reference as if set forth in full, and shall be defined as it appears in
such rules and/or regulations or statutes. If not so defined, or not defined herein, words and
terms shall be given their ordinary and usual meanings as defined in standard reference works.
Precedence: In the event of conflict between any of the definitions herein and any
definitions contained in any other ordinance, the definitions herein shall ~ precedence.
2 GRANT OF AUTHORITY.
2.1 Franchise. (The "Franchise") The Franchise granted by Grantor and accepted
by Grantee pursuant to this Ordinance shall provide to Grantee the right, privilege and authority
to construct, operate and maintain a Cable System in the Terrilt~ial Limits for the term specified
in the Franchise.
2.2 Street and Right-of-Way Use Not Exclusive. For the purpose of constructing,
operating and maintaining a System in the Territorial Limits, Grantee may erect, install,
construct, rep~fir, rc~lace, relocate, reconstruct, remove and retain in, on, over, under, upon,
across and along the Streets within the Territorial Limits such lines, Cables, conductors, ducts,
conduits, false manholes, Amplifiers, appliances, pedestals, attachments and other property and
equipment as are necessary and appurtenant to the operation of the Cable System, provided that
all applicable permits are applied for and granted, all fees paid, and all other local codes and
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ordinances are otherwise complied with. Subject to state law, the right to use and occupy the
Streets and Rights-of-Way for the purpose set forth herein is not exclusive; Grantor reserves the
right to grant one or more additional Franchises or other authorizations for sill~ilnr use to any
other Person at any time.
2.3 ~ Grantee shall comply with all applicable local, state,
and federal laws, ordinances, regulations and codes.
2.4
Ownershio of Cable System.
2.4.1 Grantee to Own. Grantee shall, at all times during the term of the
Franchise, be the sole owner of, and have full possessory fights to, all facilities and property,
real and personal, of the Cable System, whether by ownership, lease, license, or otherwise.
Grantee may discard or replace any property, real or personal, so long as Grantee can satisfy its
obligations hereunder.
2.4.2 Sale. or Transfer of Franchise. or Change of Conlxol of Grant,~
This Franchise or the System hereunder shall not be transferred nor shall title thereto, either
legal or equitable, nor any right, interest or property therein, pass to or vest in any entity
without full compliance with the procedure set forth in this Section.
The provisions of this Section shall apply to the Transfer of all or a majority of Grantee's
assets, merger, consolidation, or sale or transfer of stock of Grantee or of its Parent so as to
create a new Control of the System; provided, however, a Transfer shall not include a Transfer
to a Parent or an affiliate of Grantee or its Parent unless the intent of such Transfer is to avoid
the application of this section. For purposes of this section, an afffilate of Grantee shall mean any
entity of which Grantee or its Parent owns more than 80% of the stock or other ownership
interest.
2.4.2.1 The parties to the Transfer shall make a written request to
Grantor for its approval of a Transfer. Both sixty (60) days prior notice to Grantor and prior
written approval by Grantor shall be required for any transfer which changes effective Control
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of Grantee or a Parent.
2.4.2.2 Grantor shall reply to the parties in writing within sixty (60)
days of the request and shall indicate whether the requested Uansfer is approved.
2.4.2.3 Grantee shall within sixty (60) days of Transfer, file with
Grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing
such Transfer, certified and sworn to as correct by Grantee.
2.4.2.4 In reviewing a request for Transfer, pursuant to ¶ 2.4.2.1
above, Grantor may inquire into the technical, legal and financial qualifications of the prospective
controlling party, and Grantee shall assist Grantor in so inquiring. Grantor may condition said
Transfer upon such terms and conditions as it deems reasonably appropriate. Grantor shall not
unreasonably withhold its approval. In no event shah a Transfer of ownership or Control be
approved without the transferee becoming a signatory to the Franchise.
2.4.3 Notice to Grantors. Within fift~n (15) business days after receipt by
Grantee, Grantee shall furnish Grantor with a copy of any notification filed with the Securities
and Exchange Commission which indicates that a person, entity or group of Affiliated Persons
have acquired 5 % or more of any class of issued or outstanding shares of Grantee or its Parent
whose shares are traded on a national securities exchange or in the over_the_counter market.
Within fifteen (15) business days, Grantee shall notify Grantor of any private exchange of shares
or ownership involving or accumulating 5 % or more of the ownership of Grantee or any Parent.
2.4.4 Effect of Unauthorized Action. Any Transfer described in ¶ 2.4.2.
above that is taken without prior consent of Grantor shall be null and void and shall be deemed
a substantial breach of the Franchise. Such action shall be subject to a letter of credit withdrawal
of $1,000.00 per day until approved, or, if not approved, until prior ownership and Control is
restored. If Grantor denies consent to any action after it ha~ been tslr~n, Grantor may revoke
the Franchise unless the action is reversed.
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2.4.5 Foreclosure. Upon receipt by Grantee of notice of the foreclosure or
other judicial sale of the System, Grantee shall notify Grantor of such notification within ten (10)
days. An actual foreclosure or judicial sale shall be treated as a change in Control of Grantee,
and the provisions of this Ordinance governing the consent to a Transfer or change in ownersifip
shall apply without regard to how such Transfer or change in ownership occurred.
2.4.6 Receivershin or Bankruvtcy. In the event of the appointment of a
receiver or trustee for Grantee, whether in receivership, reorganization, bankruptcy, or other
such action or proceeding, Grantee shall notify Grantor within ten (10) days. This shall be
treated as a notification that a change in Control of Grantee has taken place, and the provisions
of this Ordinance governing the consent to a Transfer or change in ownership shall apply. The
term 'bankruptcy' as used herein shall include any assignment for the benefit of creditors and/or
petition for reorganization under the federal bankruptcy or state insolvency laws, or other silnil~r
procedure.
2.4.7 Grantor to Assume Control. In the event of receivership or bankruptcy
as in ¶ 2.4.6. above, Grantor shall have the fight to assume control and management of the
Cable System by satisfying the creditors and the courts, in order to assure continued acceptable
quality of service to Subscribers.
2.5 Police Power. All fights and privileges granted hereby are subject to the
lawful exercise of the police power of Grantor to adopt and enforce local laws, rules, and
regulations necessary to the health, safety, and general welfare of the public. Expressly reserved
to Grantor is the fight to adopt, in addition to the provisions of this Ordinance, the Franchise and
existing laws, such additional ordinances and regulations as are necessa~ in the lawful exercise
of its police power, for the benefit and safety of the public.
2.6 Public Works. The fights and privileges granted hereby shall not be in
preference or hindrance to the fights of Grantor and other lawful government authorities having
jurisdiction, to perform or carry out any public works or public improvements. Should the Cable
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System interfere with the construction, maintenance or repair of such public works or
improvements, Grantee, at its own expense, shall protect and/or relocate the Cable System or the
applicable part thereof, aa directed by Grantor or other government authorities having
jurisdiction.
2.7 Extension Policy. Except aa otherwise provided in this Ordinance, Grantee
shall offer Cable Service to all occupants of any area of the Territorial Limits with a density of -
25 Dwelling Units or more per mile served by aerial plant within six months of such request
from Grantor. Grantee shall offer Cable Service to all occupants of any area within the
Territorial Limits with a density of 40 Dwelling Units per mile served by underground plant
within 12 months of such request by Grantor. Computations of density shall take into account
any connecting lines required to serve such areas, if not contiguous to the existing Cable
Distribution System, as well aa any Dwelling Units passed by such connecting lines. In addition,
upon the effective date of the Franchise, Grantee shall be obligated to provide Cable Service to
all occupants of those areas designated on Exhibit A, attached and incorporated herein by
reference, within the designated time periods specified therein.
The rights and privileges awarded pursuant to the Franchise and this Ordinance shall
relate to and cover the entire Territorial Limits and any a. reo~_$ annexed thereto (the "Annexed
Areas~) during the term of the Franchise and its extension, if any.
In the event that any of the Annexed Areas are built-up areas (areas having a density
of 25 or more Units per aerial mile or 40 or more Units per underground mile), Grantee shall
provide Cable Service to such built-up areas within the specified times after notification by
Grantor to do so, provided that if the Annexed Area is served by another cable operator, Grantee
shall not be obligated to provide Cable Service to that area, but only so long aa such other cable
operator continues to provide service to such area. Grantee shall provide Cable Service to those
buildings and facilities designated on Exhibit B, attached and incorporated herein by reference,
within the designated time periods specified therein.
2.8 Extended Service Areaa. Grantee shall utili?e any available technologies
within the State-of-the-Art for the purpose of serving Subscribers. Where Cable Service to a
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remote area is not required under the provision of this Ordinance, and is not deemed
economically feasible by Grantee, Grantee may, but shah not be required to, contract with
potential Subscribers in such areas for the sharing of costs in the instalhtion of its Cable
Distribution System.
Grantee may, but shall not be required to, provide Cable Service in areas which do not
have a density of 25 units or more per mile aerial or 40 units or more per mile underground.
The provision of limited Cable Services in such areas is to be encouraged.
2.9 Provision of service. Beginning with the effective date of the Franchise,
Grantee shall make available upon request of the owner, tenant or lessee of any Dwelling Unit
or any business premises serviceable by a Standard Drop in the Territorial Limits the full range
of Cable Services subject to the density and timing requirements in this Ordinance.
Notwithstanding the foregoing, Grantee shaH not be required to provide Cable Services where
conditions beyond the reasonable control of the Grantee as reasonably determined by the parties
prevent the provision of Cable Service.
2.10 _Operation U?on Revocation. Notwithstanding any other provision of this Ordinance,
in the event of revocation or expiration of the Franchise, Grantor may nevertheless extend the
term thereof beyond such termination or non-renewal for such period of time as Grantor may
specify, not to exceed two years, by giving Grantee such notice as is reasonable in the
circumstances. In the event of such extension, Grantee shah continue to operate the Cable
System in accordance with all of the provisions of this Ordinance. During any extension of the
term, Grantor may terminate the Franchise as to any area or areas within the Territorial Limits,
effective not less than thirty days from the date of notice to Grantee.
2.11 Extension of Term by Grantor, Upon the expiration of the term for which a Franchise
is granted, the Grantor, unless applicable law in effect at that time provides otherwise, may
renew the Franchise for an additional term it finds appropriate, provided that Grantee shall be
deemed by Grantor to have rendered satisfactory and acceptable service hereunder, and provided
further that Grantor finds, after due advertisement and public hearing affording aH persons an
19
opportunity to be heard on the matter, that such renewal would be in the public interest.
2.12 ~ At least one business or administrative office shall be located within
Roanoke City, Roanoke County' or the Town of Vinton and all communications of Grantor to
Grantee shall be addressed to Grantee at such office, except as otherwise provided herein. The
office shall be open at least an average of :50 hours per week and at least 4 hours on Saturdays,
(legal holidays excepted), or as modified by Grantee after notification to and approval by
Grantor.
2.13 Written Notice. All notices, reports, or demands required to be given to Grantor and
to Grantee shall be in writing and shall be deemed to have been given when delivered personally
to the persons designated below, or when seventy-two (T2) hours have elapsed after it is
deposited in the United States mail in a sealed envelope, with registered or certified mail postage
prepaid thereon, or on the next business day if sent by express mail or overnight air courier
addressed to the party to which notice is being given, as follows:
City Manager
City of Roanoke
Room 364, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
If to Grantee:
General Manager
Cox Cable Roanoke
1909 Salem Ave., S.W.
Roanoke, VA 24036
Copy To:
Cox Cable Communications
20
1400 Lake Hearo Drive
Atlanta, Georgia 30319
Atto: Legal Department
Addresses may be changed by either party upon such written notice to the other party.
2.14 Reimbursement. Grantee shall reimburse Grantor an appropriate amount for costs
incurred in connection with the negotiation and award to it of any Franchise pursuant to this
2.15 ~ Grantee, by accepting the Franchise, certifies that it has investigated
its supply sources; is familiar with the community; has examined the Cable System and
operations; has reviewed its own financial condition; and has the capacity and resources to carry
out its obligations to the community.
2.16 Consent . Whenever, under the terms of the Franchise or of this Ordinance,
Grantor's or Grantee's consent or approval is required, it shall not be unreasonably withheld.
2.17 Im_~osition of ree_uirements on Grantee. To the extent that the Franchise or this
Ordinance gives Grantor, the CATV Committee, or their agents, authority (a) to require tests of
the System, (b) to inspect or audit Grantee's books and records relating to the System; (c) to
impose on or collect from Grantee any fee, penalty or other sum; (d) to require Grantee to take
or cease any action; (e) to gi-~tt or to withhold approval; or (f) any other right or authority; such
authority shall be coordinated by the governing bodies and shall not be used unreasonably or
to harass.
3 GRANTEE PAYMENTS TO GRANTOR
Grantee shall pay a Franchise Fee to Grantor as specified in the Franchise.
3.1
Payments. Franchise Fees shall be computed quarterly for the preceding
21
calendar quarter, and quarterly payment shall be due and payable no later than 30 days after the
end of the calendar quarter for which payment is intended. ~.h payment shall be accompanied
by a report showing detailed computations and such other relevant data as Grantor may
reasonably require. Grantor may provide a standard form for use by Grantee to compute
Franchise Fees.
Such payments shall be deemed compensation for use of Grantor's rights-of-
way, administration of service complaints, supervision and inspection of equipment and facilities,
and adminislxation of the Franchise and Ordinance, and shall be in addition to all federal, state
and local taxes.
3.2 Conditions of Accevtance. Grantor's acceptance of any payment ~1! not
constitute agreement that the payment is in fact the correct amount, and such acceptance of
payment shall not constitute a release of any claim Grantor may have for further or additional
sums payable under the provisions of the Franchise or any other claim whatsoever that Grantor
may have.
4 INSTALLATION CONDITIONS
4.1 ]~q.P..~ Nothing in this Ordinance shall be conslrued to prevent
Grantor from grading, paving, maintaining, repairing, relocating and/or altering any Street;
constructing, laying down, repairing, maintaining or relocating any sewers or water mains or
other facilities; or constructing, maintaining, relocating, or repairing any sidewalk or other public
work.
4.2 Under~round Easements. In areas having underground telephone and electric
utility lines now or at any time hereafter, whether required by ordinance or not, ail of Grantee's
distribution system shall be underground. Underground installation, even if not required, is
preferable to the placing of additional poles. In the instance of underground installations made
after the effective date of the Franchise, Drop lines shall be placed at least twelve (12) inches
deep and cable distribution lines shall be placed at least eighteen (18) inches deep. This
22
minimum depth also applies to all replacement Drop and distribution lines. Underground Cable
Distribution Plant in areas exposed to damage shall be installed in conduit or shall be of Armored
Cable conslxuction. Underwater crossings shall utili:re Armored Cable.
Existing electric and telephone poles shall be utilized wherever possible.
Grantee may install its own poles and conduit at its own expense, with prior written permission
of Grantor. To the extent that Grantor has the right, it will make utility and other easements
avails_hie to Grantee.
4.3 Installati0ti
4.3.1 Plans. Prior to any construction or alteration of the Cable System,
Grantee shall, in each case, file any required plans with Grantor and receive any necessary
approval of such plans.
4.3.2 Construction: Permits: Suoerviminn'~ Aoorowl All Plant installed by
Grantee shall be constructed and maintained in good and safe condition at all times. Grantee
shall erect no structures and make no excavations in any Streets without first procuring a written
permit in accordance with applicable ordinances and codes.
All work of such kind shall be subject to inspection and approval by
Grantor in accordance with applicable codes and regulations.
4.3.3 .~]]~,~RC~_]~tli~: In cases of emergency, Grantee may make
whatever repairs are necessary to maintain the operation of the Cable System at required levels,
provided, however, that all emergency work shall comply with all applicable local, state, and
federal laws, ordinances and regulations. Grantee shall be responsible for any damages resulting
from temporary repairs. Within five (5) working days of the commencement of the emergency
work, Grantee shall request any applicable permits required for such repairs, in accordance with
the rules for such permits. Work shall be subject to inspection and approval by Grantor.
4.3.4
Any openings or obstructions in Streets caused by
23
Grantee shall be guarded and protected by Grantee and its contractors at all times by placing
adequate barriers, fences, boarding or other protective devices, at the sole expense of Grantee.
During periods of dusk and darkness, protective devices and protected areas shall be designated
by warning lights.
4.4 Relocations.
4.4.1 ~]~A.]~I~. Grantee's Cable Distribution System shall be
located, relocated, erected and maintained so as (1) not to interfere with the lives or safety of
persons or with any improvements Grantor deems proper to make, and of which Grantee has
received reasonable notice, and (2) not to hinder or obstruct the free use of the Streets. Removal
of poles and other structures to avoid such interference shall be at Grantee's expense.
Raising or lowering or moving of Grantee's Plant to permit moving of
buildings and other slxuctures and equipment shall be done by Grantee within ten (10) days of
previous notice and at mover's expense, payable in advance, subject to receipt of all required
4.4.2 I ' . If Grantor shall elect to alter or change the
grade or location of any Street, or shall engage in any construction or other public works in, ~n,
or under the Streets, Grantee, upon at least forty-five (45) days written notice by Grantor, shall
relocate its Cable Distribution System at its own expense, and in each instance shall comply with
all applicable local, state, and federal laws, ordinances, codes, and regulations.
4.5 Installation: Compliance with Codes. Grantee shall comply with all applicable
local, state, and federal rules and regulations now in force or which may be put into force
hereafter. Grantee shall comply also with state and national electric and safety codes in its
installations and operations.
4.6 ~ Insofar as such work may be done without interfering
with the free use and enjoyment of Grsntee's own wires and fixtures, and when requested in
24
writing by Grantor, Grantee shaH provide suitable space equivalent to one (1) crossarm (in
vertical and horizontal spacing) on each pole erected, in riser conduits, and in control cabinets,
equivalent to one (1) duct in each of the conduits constructed, and if Grantee has an open trench,
afford Grantor an opportunity to install its cable or tubing, free of charge for the purpose of
carrying wires of Grantor's telegraph, telephone, alarm, signal, or radio system used for
governmental purposes, provided said wires are placed and maintained in such a manner as may
be reasonably prescribed by Grantee, and in no case used to carry electric light or high-tension
currents. Whenever it becomes necessary for Grantee to move Grantor's said wires for Grantee's
own purposes, such removal shall be at the cost of Grantee and under supervision of the Grantor,
and such wires shall be promptly replaced by Grantee at Grantee's expense.
4.7 Interconnect. Within 6 months after _rec_-_ipt of written request from Grantor,
Grantee shall provide for Interconnection with any adjacent Cable Operator. Such
Interconnection shall be accomplished at Grantee's expense, including design, installation, and
all necessary equipment, hardware, and accessories. Such Interconnection, including bidirectional
capability, shall be required only if technically feasible.
4.8 ~ Vehicles owned or leased by Grantee and used in the
installation, construction, or repair of the Cable System shall be identified as to the name of
Grantee. All employees of Grantee and of Grantee's contractors and subcontractors performing
installation shall carry adequate identification as to their names, local business addresses and local
business telephone numbers. Grantee and its contractors shall clearly identify all of its vehicles,
employees, agents, and equipment by decals, badges, signs, and as otherwise appropriate.
4.9 ~ Grantee, at its expense, shall repair aH damage caused
by Grantee, its agents, contractors, and subcontractors, in the conslruction, Rebuild, upgrade,
operation, maintenance, and repair of the Cable System and shall restore aH property, both public
and private, to its original condition, or as nearly so as possible. Such restoration and repair
shall be made as soon as practicable after such damage, and in accordance with applicable codes,
not later than ten business days after Grantee's receipt of written notification from the owner of
25
the property so damaged unless otherwise mutually agreed by Grantee and the property owner.
Ifany damage involves pavements, sidewalks, driveways, Streets, or other public property, such
damage shall be ~cpaired at Grantor's election either by Grantor at Grantee's expense or by
Grantee to Grantors's satisfaction within five business days after Grantee's receipt of written
notification from Grantor. If damage involves public water mains, sanitary sewer or storm water
facilities, Grantee shall immediately notify Grantor of such damages, shall assist Grantor in
repairing such damaged facility and shall reimburse Grantor for all reasonable costs associated
with such repair. The foregoing shall not limit Grantee's right to contest its liability for any
damage claimed.
5 TECHNICAL REQUIREMENTS
The signal of any broadcast television or radio station retransmitted on the Cable System
shall be carried without material degradation and with a quality no less than that prescribed by
rules of any federal, state, or local regulatory agencies having jurisdiction, and as specified
herein. The technical specifications, operation, and performance of the Cable System shall
conform at ail times to any applicable specifications established by any federal or state regulatory
agencies having jurisdiction.
Notwithstanding the preemption of Cable Television Technical Standards by the FCC, and
pending adoption of acceptable Minimum Technical Standards by the FCC (which acceptable
Minimum Technical Standards may become effective and may preempt the following enumerated
standards immediately upon adoption and at the option of Grantor), Grantee and Grantor agree
that Grantee shall use its best efforts to meet or exceed the following Minimum Technical
Standards at all times, over the annual ambient temperature range normally experienced in the
area:
5.1 Technical Standards. The system shall comply with the following standards,
as measured at any tap output except as indicated:
26
5.1.1
5.1.2
5,1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
5,1.9
System Frequency Response
Channel Frequency Response
Composite Triple Beat (CTB)
Cross-Modulation (Synchronized)
Audio Frequency Response
Audio Total Harmonic Distortion
Audio Signal-to-Noise Ratio
Levels, at Subscriber Terminals:
(a) Visual Carrier Signal Level
[FCC §76.605 (a)(4)]
(b) Difference between adjacent-
channel carrier levels
[FCC §76.605(a)(5)(i)]
(c) Difference from any other
visual carrier level
[FCC §76.605(a)(5)(ii)]
(d) Visual carrier level variation,
any Channel within any 24 hours
(e) Maximum Signal Level:
Low-Frequency Disturbances
CHum, etc.)
27
(N/10 + 3.5) dB, p-
r.
(6 MHZ)2 dB pr.
50 dB down, CW or
synchronized; 56dB
down, modulated or
unsynchronized.
50 dB down
50 Hz to 15 KHz,3
dB, p-p
2% Maximum
50 dB Minimum
0 dBmV minimum
Now
3 dBmV minimum
After Rebuild
3 dB Maximum Now
2 dB Maximum
Al~r Rebuild
12dBMaximum Now
6 dB Maximum
After Rebuild
12 dB Maximum Now
6 dB Maximum Afar Rebuild
Shall not overload the
TV Set.
2% Maximum
[FCC §?6.605 (a) (6)]
5.1,10 Visual Carrier-to-Noise Ratio
[FCC §76.605 (a) (8)]
42 dB minimum
5.1.11 Ratio of Visual Carrier to Any
Coherent Disturbance
[FCC §76.605 (a) (9) ]
50 dB minimum
5.1.12 Visual Carrier to Same-Channel Aurall3-17 dB
Carrier Ratio.
Should federal rules and regulations permit local regulation of Technical Standards
and/or should the Technical Standards be changed, the above standards shall be
upgraded, at the option of Grantor, to the new standards to be effective immediately.
5.2 ~. All construction practices shall be in accordance with
federal, state, and local statutes, ordinances, and regulations.
5.2.1 All installation of electronic equipment shall be of a permanent nature,
durable and installed in accordance with the provisions of the National Electrical Safety Code
(National Bureau of Standards) and National Electrical Code (National Bureau of Fire
Undenvriters) as amended as applicable to Cable Television.
5.2.2 Antenna supporting structures (towers) shall be designed for proper
loading as specified by Electronics Industry Association Specification RS 222E or current
version.
5.2.3 Antenna supporting structures (towers) shall be painted, lighted, erected
and maintained to comply with all applicable rules and regulations of the Federal Aviation
Administration and ali other applicable federal, state, and local codes and regulations.
28
5.2.4 Grantee's Cable System shall be installed, located, erected, constructed,
reconstructed, replaced, removed, repaired, maintained and operated in accordance with good
engineering practices. Work shall be performed by experienced maintenance and construction
personnel. Grantee shall preserve and protect plants, shrubbery and trees, and any improvements
in the tree belts and rights-of-way. Grantee shall not unnecessarily hinder or obsu'uct pedestrian
or vehicular traffic.
5.2.5 Grantee shall at all times exercise reasonable care and shall adhere to
industry standards in the construction, operation, maintenance, or repair of the Cable Television
System.
6 TESTING
6.1 Performance Testing B_v Grantee. Grantee shall provide and keep on hand at
all times, or have available to it within not less than ten business days notice from Grantor,
accurately-calibrated test equipment for testing to such Technical Standards as set forth in Part
5 above and as may be modified in the future. Grantee shall conduct tests of said Technical
Standards as from time to time may be reasonably requested by Grantor, coordinated through the
CATV Committee, (but not in excess of once each one-year period in the entire system unless
independent tests show that such Technical Standards have not been met, and then until such
prescribed Standards have been met) in order to determine the level of performance of the Cable
System. Grantor may provide a technical representative to witness and report on such tests.
6.2 Performance Testine Renuired by Grantor. Testing for compliance with
Technical Standards may be required by Grantor, who may, from time to time, retain an
independent engineer to conduct technical performance tests of the System in addition to those
conducted by Grantee, or to witness such tests performed by Grantee. If the system fails to meet
one or more of the Technical Standards at the time of any test, Grantee shall reimburse Grantor
for all related costs and shall investigate and correct the cause of said failure. Grantee shall be
given a period of sixty days to correct said causes. Performance testing shall be ~ated upon
29
completion of necessmy repair or adjustment by Grantee, and a report of the second test
submitted to Grantor. Substantial failure to comply with Technical Standards or repeated failure
to take corrective action in the event of such failures shall constitute a substantial breach of this
Ordinance.
Test procedures shall generally follow the guidelines of the NCTA
"RECOMMENDED PRACTICES for measurements on cable television systems," and as
specified by the independent engineer retained by Grantor. Such tests shall be coordinated
through the CATV Committee and conducted on a reasonable periodic basis.
7 LIABILITY OF GRANTORS
7.1 Liability_: Hold Harmless. Grantee shall indemnify and hold free and harmless
Grantor and its officials, officers, agents, and employees from and ~?i~st any and all loss, cost,
or expense, including reasonable attorneys' and consultants' fees, resulting from any claim,
demand, suit, or other action, whether or not reduced to judgement, and for any {imhility of any
nature whatsoever that may arise out of or in connection with or result from the presence of
Grantee or Grantee's agents, successors (excluding approved transferees pursuant to ¶ 2.4.2 of
this Ordinance), employees, contractors, invited parties, or affiliates in their use of, or activities
or omissions in, Grantor's Streets or property, including without limitation, liability for damages
to persons or property, or wrongful death in connection with the construction, installation,
maintenance, operation, repair, or removal of the Cable System or the use of any poles, wires,
conduits, and fiber optic equipment or the exercise by Grantee of any right or privilege granted
by or under this Ordinance and the Franchise issued pursuant hereto, or any failure by Grantee
to comply with any law, ordinance, or regulation, or by reason of suit or claim for royalties,
lease fees, or infringement of copyrights or patents.
7.2 Expenses. In the event that Grantor reasonably determines that its interests
cannot be represented in good faith by Grantee, Grantee shall be so notified in writing, and
Grantee shall reimburse Grantor and its officers, employees, and agents for all expenses incurred
by them, including reasonable attorney and consultant fees, in defending themselves in connection
3O
with any matter the defense of which would otherwise have been conducted by Grantee pursuant
to the terms of this Ordinance.
8 INSURANCE; BONDING
8.1 ~. Grantee shall, at its expense, prior to any use of or entry
upon Grantor's Streets or property and at all times during the term of any Franchise issued
pursuant to this Ordinance, maintain and provide Grantor with suitable evidence of both (I)
broad form contractual liability insurance coverage including the indemnification obligation set
forth in Part 7 above, and (2) general public liability insurance coverage including, but not
limited to, motor vehicle liability coverage naming Grantee, its employees, and affiliates, as
insureds and naming Grantor, its officers, officials, agents, and employees as additional insureds
while acting in the scope of their employment, insuring against on an occurrence basis all claims,
loss, cost, damage, expense and liability from loss of life or damage or injury to persons or
property arising out of Grantee's use of Grantor's Streets or property. Said policies shall have
limits of not less than Five Million Dollars ($5,000,000) combined single limit for loss of life
or injury to one or more persons and for property damage as a result of one incident, except that,
with the express consent of Grantor, Grantee may be self-insured or provide indemnity from an
Affiliated Person for the initial $500,000.00 of such coverage.
8.2 Additional Indemnification. Grantee shall require substantially identical
indemnification and insurance coverages as set forth in Part 7 and ¶ 8.1 above in favor of
Grantor, its officials, officers, agents and employees, from any independent contractor or other
entity working on its behalf in Grantor's Streets. However, the amount of such coverages shall
be $1,000,000.00 combined single limit with a $3,000,000.00 umbrella, naming both Grantee
and Grantor, its officers, agents, and employees as additional insureds.
8.3 Performance Bond. A performance bond shall be posted and maintained for
the Franchise term in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint
and several obligees in the amount of $300,000.00 by a bonding company approved by Grantor.
31
8.4 (~ash Denosit or Letter of Credit. A cash deposit or letter of credit shall be
provided and maintained in favor of Roanoke City, Roanoke County, and the Town of Vinton
as joint and several payees in the amount of $50,000.00.
8.5 ~ All Grantee bonds, insurance policies and certificates of
insurance shall stipulate that the coverages afforded by the policies shall not be canceled,
modified or allowed to expire until at least 30 days prior written notice has been delivered to
Grantor and a receipt of delive~ obtained.
8.6 Evidence of Insurance. By not later than the effective date of the Franchise,
Grantee shall furnish to Grantor current certificates of insurance, which shall include the named
insureds set forth in ¶ 8.1. and ~[ 8.2 above. Failure to maintain said insurance shall constitute
a substantial breach within the meaning of ~[ 10.2.1.7 below, and shall be ~rolmds for revocation
of the Franchise.
8.7 Approval of Insurance Com_oany. Insurance coverage shall be in a form and
with an insurance company approved by Grantor, which approval shall not be unreasonably
withheld. Insurance coverage shall be with a company authorized to do business in the
Commonwealth of Virginia.
8.8 .~a~,g~LI~lJ~ At the end of six years, Grantor shall have the right to
require increases in the amounts of insurance specified above. Any adjustments shall bear a
reasonable relation to any change in the cost of living or cost of repair or replacement, as
measured by changes in the Consumer Price Index of the United States Bureau of ! ahor Statistics
applicable to the Commonwealth of Virginia ('CPI'), or comparable measure if the Consumer
Price Index is no longer being issued.
9 SERVICE PROVISIONS
32
9.1 Perfo~. The Cable System shall be engineered, installed, equipped,
maintained and operated so as to meet FCC standards and the Technical Standards in Part 5
above, and shall comply with all applicable federal, state, and local codes.
9.2 ~. Grantee shall provide any Subscriber upon request with an
itemized monthly bill, listing each Tier or level of Service and its price, and any add-on taxes,
together with the total.
9.3 Change in Channel Array, Grantee shall provide thirty (30) days written
advance notice to Grantor and Subscribers of any changes of Channels line-up or of Tiering
unless the schedule of such changes is beyond the conb'ol of Grantee. In such case, Grantee shall
provide notification and explanation immediately by Public Notice and in writing.
9.4 Notice of Rate Changes. Grantee shall give Grantor, the CATV Committee,
and all Subscribers at least 30 days Public Notice of any change in Subscriber rates. Notice to
Subscribers may be given by ordinary mail or included with their monthly statements.
9.5
of Service.
Grantor shall not charge any Subscriber for disconnect
9.6 Rate or Service Discrimination: 5_oecial
Grantee shall not subject any person or group of persons to any prejudice or disadvantage,
preference, or advantage in connection with rates, charges, service, facilities, rules or
regulations. Nothing herein shall prohibit the provision of free Service to government,
institutional, or school buildings, or the provision of free Service to Grantee's employees.
Notwithstanding the foregoing, Grantee may negotiate bulk or special rates for businesses,
hospitals, nursing homes, Multiple Dwelling Units and other non-single family residential users.
In the event of an Overbuild by an additional franchisee, Grantor shall not object to a reduction
of rates by Grantee in the area of Overbuild to provide comparable service for comparable rates
in order to promote competition in such area.
33
9.7 ,~g~,.i~iiL:~fi~ Grantee shall provide Basic Service without charge to
each government building, fire station, police station, library, school or public college academic
building, and other Grantor-owned or Grantor-occupied buildings (excluding housing units and
buildings owned by Grantor but not used for government or educational purposes) within the
Territorial Limits, as requested by Grantor. One Standard Drop and one converter (if needed)
per building shall constitute compliance. Any attached identified structures shall be treated as
separate buildings. Any service provided to Roanoke County Schools or other governmental
buildings through an Interconnect as provided for in ¶ 4.'I shall be without charge.
9.8 ~ Within two (2) years after acceptance of the Franchise
pursuant to this Ordinance, the Cable Distribution System shall be equipped with battery-backup
power supplies capable of powering the system for a period of not less than one (1) hour, and
the Head-End shall be provided with adequate emergency backup power.
9.9 ~ Within six (6) months of acceptance of the Franchise
pursuant to this Ordinance, Orantec shall incorporate emergency Audio override capabilities
which can be operated from a standard touch-tone phone by authorized agents of Grantor.
Activation of this emergency override capability shall give such agent voice control on all
channels as permitted by law for the purposes of instructing viewers to turn to the Government
Access or other Channels for detailed information and instructions. Emergency Override
capability shall be installed at the expense of Grantee. The Government Access Channel(s) shall
be available for transmission of signals from an Alphanumeric Character Generator and
modulator, under the control of Grantor, or live Video and Audio transmission, at Grantor's
option.
9.10 Emerg_ency Communications, At least one person in responsible charge of Grantee's
operations in the Territorial Limits shall be available by local telephone during such hours as
Grantee's business office is closed, and the telephone number of such person shall be supplied
in advance to the Grantor's chief administrative official and the presiding officer of Grantor's
governing body and (3rantor's Police and Fire Departments.
34
9.11 ~ Throughout the term of the Franchise, Grantee shall operate and
maintain the System in a manner consistent with all laws, ordinances and construction standards
of Grantor and the Technical Standards.
Throughout the term of this Franchise, Grantee shall maintain and upgrade the
System and the technical performance of the System so as to keep pace with the developments
in the State-of-the-Art as defined herein. Grantee may on its initiative participate in or undertake
experiments, tests, and other activities to determine the State-of-the-Art of cable communications
technology currently in use. Grantor may require that Grantee undertake such tests to the extent
Grantor determines that it is economically viable and feasible to do so and provided that such
experiments, tests and other activities are technically sound and undertaken in response to a
mutually-defined market demand. Grantee shall provide Grantor with written reports of the
results of all significant tests conducted by Grantee at the request of Grantor as described in this
section.
9.12 Subscriber Antennas: AB Switches. Notwithstanding any disconnection of Subscribers'
existing Antennas and downleads to receivers connected to the Cable System, the Cable System
shall be so designed that physical removal of such Antennas and downieads will not be required,
and so that the Subscriber may utilize such Antennas at any time in place of the Cable System
Service. Grantee shall furnish and install for each Subscriber so requesting, at reaSOnable cost,
a switch permitting the Subscriber to change from Cable reception to home-antenna reception and
back at the option of the Subscriber. Grantee shall offer to install such switch free of charge at
the time of installation of Subscriber Service. Such switch and inst~ll~tion shall comply with FCC
rules, codes, and standards, and with good engineering practice. Grantee shall notify all
Subscribers at least once per year that such AB switches are available from Grantee and from
others.
9.13 Tree trimming. Grantee shall have the authority to trim any U'ees upon and
overhanging Streets to prevent the branches of such trees from coming in contact with Grantee's
wires and cables. All trimming shall be performed in a safe and orderly manner and in
compliance with the pruning standards of the National Arborists Association, as amended, and
applicable provisions of local codes and ordinances.
9.14 Dro~s. In areas where the Cable Distribution System is located underground, Drops
to the structure (installed after the effective date of the Franchise) shall be underground, buried
a minimum of twelve (12) inches. In other areas Drops may be aerial unless the Subscriber
elects to pay the cost of underground installation. Insofar as practicable, Grantee shall adhere
to each Subscriber's desire with regard to point of entry of the Drop connection into each
structure. Insofar as practicable, within the Subscriber's structure, Drop cable runs shall be
made as unobtrusively as possible. All Drops shall be grounded at the building entry, in
accordance with local, NESC, and NEC requirements.
9.15 ~ Within all areas served by the CATV System, service to all
Subscribers requiring an aerial installation shall be provided within five (5) business days after
receipt of the request for service, and service to Subscribers requiring an underground installation
shall be provided within ten (10) business days after such request, unless Grantee is prevented
by reasons beyond its control or later installation is requested by the Subscriber.
9.16 Parental Guidance Control. Grantee shall make availnhle to any Subscriber so
requesting, at reasonable cost, a "parental guidance control' or "lockout key" which will permit
the Subscriber to eliminate intelligible audio and video reception of any or all of the Premium
Service Channels. Grantee shah notify all Subscribers of the availability of such parental-control
devices.
9.17 Complaint Polil;y, Grantee shall promulgate written policy statements and procedures
for reporting and resolving Subscriber complaints including record keeping requirements
consistent with ¶ 19.9. Grantee shall furnish a copy thereof to each new Subscriber and to
Grantor, and thereafter to all Subscribers at least annually, and to Grantor and all Subscribers
at such time as there is any change in such policy.
36
9.18 Call Recording Service for Current Known Outa~e~. Grantee shall provide a
telephone number which provides a recorded message or access to an employee or agent of
Grantee, on a 24 hour basis. The recorded message shall describe current known System
deficiencies and outages and thereafter accept recorded messages from Subscribers, who may
leave their names; request service; report outages; and request credit for Down Time.
10 ENFORCEMENT
10.1 Performance Bond: Letter of Credit
10.1.1 Performance Bond. No later than the date of acceptance of any Franchise,
Grantee shall post and maintain, at its sole cost and expense, a corporate surety bond issued by
a surety company authorized to do business in the Commonwealth of Virginia and reasonably
acceptable to Grantor as security for the faithful performance by Grantee in accordance with the
provisions of this Ordinance and the Franchise issued pursuant hereto. Said bond shall assure
Grantor of recovery of any and all liability, damages, losses, costs and expenses sustained or
suffered by Grantor as the result of, without limitalion, Grantee's failure to properly construct,
operate or maintain the Cable Television System as required under this Ordinance and the
Franchise issued pursuant hereto. The total amount of the bond shall be $300,000 and the bond
shall be maintained at such level in favor of the City of Roanoke, Town of Vinton, and Roanoke
County, Virginia, jointly and severally.
10.1.2 Letter of Credit. No later than the date of acceptance of the Franchise,
Grantee shall deposit and maintain a Letter of Credit in the amount of $50,000 in favor of City
of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. The full
amount of the Letter of Credit shall be maintained throughout the term of the Franchise. The
form of such Letter of Credit shall be approved by Grantor. The Letter of Credit will be used
to ensure the faithful performance by Grantee of all provisions of this Ordinance, including the
payment by Grantee of any penalties, costs, claims, liens or taxes due by reason of the
37
construction, maintenance, or operation of the Cable Television System, or any breach of any
provision under this Ordinance.
10.1.3 Call of Performance Bond: Letter of Credit. The Letter of Credit posted
pursuant hereto shall be forfeited and become the property of the City of Roanoke, Town of
Vinton, and County of Roanoke, Virginia, jointly and severally, and the Performance Bond shall
become actionable by one or more of the jurisdictions, if the Franchise is revoked by reason of
substantial breach by Grantee. The Performance Bond and Letter of Credit shall be maintained
for the duration of the Franchise and expire by the te~ms herein no sooner than the expiration
of the Franchise, provided, however, that the Performance Bond and Letter of Credit shall
remain in force after expkation in the event of any outstanding substantial breach or dispute as
to breach or amount due from Grantee.
10.2 Forfeiture and Termination,
10.2.1 Forfeiture and Termination. In addition to all other rights and powers retained
by Grantor under this Ordinance, Grantor reserves the right to forfeit and terminate the Franchise
in the event of an uncured substantial breach of the provisions specified below for the applicable
periods specified:
10.2.1.1 Failure to notify Orantor of change in ownership accumulation
of 5% az required by § 2.4.3 (30 days);
10.2.1.2 Failure to notify Grantor of change of ownership or control as
required by § 2.4.2 (30 days);
10.2.1.3
3 and 17 of this Ordinance
Failure to provide financial information (30 days); see Parts
38
10.2.1.4 Failure to satisfy technical requirements regarding System
chazacteristics, or failure to meet Technical Standards as provided in Part 5 and § 9.1 (30 days);
10.2.1.5 - Failure to provide any service to any person as required by §
2.7 of this Ordinance and the Franchise (30 days);
10.2.1.6 Abandonment of the Cable System in whole or in part without
prior written consent of Grantor (5 days);
10.2.1.7 Failure to provide and maintain insurance, surety and indemnity
or failure to notify Grantor of expiration of insurance as required in Parts 7 and 8 of this
Ordinance (1 day).
10.2.1.8 Failure to comply with the consumer standards as provided in
Parts 19 and 20 of this Ordinance (30 days);
10.2.1.9
agreement (10 days);
Failure to make any payments as required in any Franchise
10.2.1.10 Failure to supply and equip the Access Channels and other
support, and any related services, equipment and facilities as required in any Franchise agreement
(60 days);
10.2.1.11 Engaging in a course of conduct constituting perpetration of
any fraud or deceit upon Grantor, any subscriber, or any other user of the system at any time
(none);
10.2.1.12 Taking any material action at any time which requires the
approval or consent of Grantor without having first obtained such approval or consent (immediate
action);
39
10.2.1.13 At any time, the making by Grantee, any director, officer or
other Person exercising control of Grantee, or any Affiliated Person or employee or agent of
Grantee acting under the express direction or with the actual consent of Grantee of any false
entry knowingly in the books or accounts or records of Grantee or in any books, records, or
documents relied upon by Grantor or in connection with the certification as required by ¶ 2.15
above. (none);
10.2.1.14
in the Franchise (60 days);
Failure to complete Rebuild of the System in the time specified
10.2.1.15 Any written material misrepresentation or certification made
by or on behalf of Grantee in its proposal for the Franchise granted pursuant to this Ordinance
or in connection with the negotiation or renegotiation of or any other modification to the
Franchise Agreement or Ordinance (immediate action);
10.2.1.16 Failure to reasonably cooperate at any time with any lawful
investigation, audit or inquiry conducted by or authorized by Grantor (immediate action);
10.2.1.17 Failure to icpiace amounts withdrawn from the Letter of Credit
within ten (I0) days in accordance with ¶ 10.1.2;
10.2.1.18 Failure to correct deficiencies in the System following tests as
pwvided in ¶ 6.1 and/or retests as provided in ¶ 6.2 (60 days);
10.2.1.19 Accumulation of $5000 in penalties over a twelve-month
period, provided, however, that no such penalties shall be deemed to be included in such total
during a bona-fide dispute aRer notice from Grantee that Grantee will dispute such penalties as
provided herein. (none)
10.3 Penalties. If Grantee fails to observe any of its obligations under the terms of this
Ordinance or the Franchise issued pursuant hereto, Grantor may assess Grantee and Grantee
agrees to pay Grantor monetary penalties in accordance with the schedule of penalties set forth
below. The penalties set forth'below shall be the exclusive monetary remedy for the named
breaches, but shall not constitute a waiver by Grantor of any other fight or remedy it may have
under this Ordinance or under applicable law. Any such penalty shall be recoverable from the
Letter of Credit or the Performance Bond, at the option of Grantor.
10.3.1 Failure to keep business office open during established business hours ($100
per day);
10.3.2 Failure to comply with the provisions of ¶ 2.4.1 and/or ¶ 2.4.2, change of
ownership ($1000 per day);
10.3.3 Failure to test the system or provide t~aorts thereof as required in Pan 6 of
this Ordinance ($100 per day);
10.3.4 Failure to render payment of Franchise fees within the time specified in Part
3.1 of this Ordinance. (Annual rate of 12%, or 2% over the Prime Rate established by Chase
Manhattan, N.,A., whichever is higher, compounded daily from time due until paid, plus an
initial penalty of 5% of amount due.);
10.3.5 Failure to comply with surety provisions of Part 8 ($100 per day);
10.3.6 Failure to make a timely filing of annual financial ~port as required by the
terms of the Franchise or maintain open records as required in Part 17 herein ($100 per day);
10.3.7 Failure to maintain the Technical Standards required in Part 5 herein ($250
per day);
41
10.3.8 Failure to restore amounts to the Letter of Credit as specified in §§ 8.4 and
10.1.2. herein ($250 per day);
10.3.9 Failure to comply with any requirement of Part 20 within the time specified
($100 per day per occurrence);
10.3.10 Failure to comply with any other obligation contained in this
Ordinance or future amendments hereto ($100 per day)
10.3.11 Failure to build or Rebuild the System as provided in any Franchise
granted pursuant to this Ordinance ($5000 per day).
These penalties shall be in addition to, and not a limitation on, the other penal
provisions of this Ordinance including forfeiture and termination.
10.4 Procedure for Revocation of Franchise or Imposition of P~l~altie-,
10.4.1 Notice and Opportunity to Cur~. Should Grantor desire to invoke forfeiture
of the Franchise or imposition of penalties as set forth herein, Grantor shall make a written notice
by certified or hand-delivered mail upon Grantee's General Manager at its local office to comply
with any provision, rule or determination which it feels Grantee has breached. If the breach by
Grantee is uncured for the period specified in ¶ 10.2.1 in the case of forfeitures or 10 days in
the case of penalties, following such written demand, Grantor may revoke the Franchise or
impose a penalty, as appropriate.
Should Grantee dispute that a breach has occurred, Grantee may request
Grantor to hold a hearing pursuant to ¶ 10.3.2. Grantor shall toll the time for cure from the date
of such request until a final determination is made, regarding whether a breach has, in fact,
occurred, provided however, that any penalty or breach shah be deemed to nm and be calculated
from the date of Grantor's original notice under ¶ 10.3.1 in the event Grantee shah fail in its
effort to dispute that a breach has occurred.
42
10.4.2 itl~XiP, g. Should Grantor desire to revoke the Franchise or impose a penalty,
and Grantee requests a hearing under *[ 10.3.1.1 above, Grantor shall provide Grantee an
opportunity to appear at a public hearing within twenty (20) days of receipt of such request to
present its argument, including [he opportunity to offer evidence and question wimesses. Based
on the evidence at such hearing, Grantor shall within ten (10) days of such hearing determine
whether Grantee was in breach of the Ordinance or Franchise and, if so, if Grantee has failed
to cure or take substantial steps to cure such breach within the allotted time. If Grantor fails to
make a determination within ten (10) days following such hearing, the applicable penalty shall
be tolled until a determination is made.
10.4.3 Computation of Penalty. Computation of the penalty shall begin on the day
notice is received by the Grantee and shall continue until the breach is cured except as provided
above.
10.5 Force Ma_ieure: Waiver
10.5.1 Force Maieure. Grantee shall not be deemed in breach of this Ordinance or
the Franchise for any failure to perform which results from circumstances not under Grantee's
reasonable control, such as war, civil disturbance, natural catastrophe or acts of God. Grantee
shall not be excused by economic hardship or by misfo~,anee or malfeasance of its directors,
officers, employees, affiliates or Parent.
10.5.2 No W~ver. Grantee shall not be relieved of its obligations to comply with
any of the provisions of this Ordinance or the Franchise by reason of failure or delay of Grantor
to enforce prompt compliance. Any waiver by Grantor of a breach or violation of any provision
of this Ordinance or the Franchise shall not operate as or be construed to be a waiver of any
subsequent or prior breach or violation.
10.6 Removal After Expiration or Revocation: Option to Purgba~
43
10.6.1 Removal. At the expiration and nonrenewai of the term of the Franchise or
its revocation, Grantor shah have the right to require Grantee to remove, at Grantee's expense,
all or any portion of the System from all Streets and public property within the Territorial Limits
as well as Drops from private property at Subscriber's request. In so removing the System,
Grantee shall backf'fll and compact, at its own expense, any excavation that shall be made and
shall leave aH Streets, public property and private property in the same condition as that
prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing,
in any way, any electric, telephone or utility cables, wires or attachments or other facilities.
Grantor shall have the right to inspect and approve the condition of the Streets and public
property aPter removal and to require appropriate repair or replacement. Grantee's insurance and
indemnity shall remain in full force and effect during the entire term of removal.
10.6.2 Disoosal. If Grantee has failed to commence removal of the System, or such
part thereof as was designated, within thirty (30) days after written notice of Grantor's demand
for removal is given, or if Grantee has failed to complete such removal within one (1) year after
written notice of Grantor's demand for removal is given, Grantor shall have the right to exercise
one of the following options:
10.6.2.1 Declare the System abandoned, with title thereto vested in Grantor
with all rights of ownership including, but not limited to, the right to operate the System or
transfer the System to another for operation by it; or
10.6.2.2 Cause the System, or such part thereof as Grantor shaH designate,
to be removed at Grantee's cost. The cost of removal shall be recoverable from the Letter of
Credit and Bond provided for in the Franchise and herein, and from Grantee directly.
10.6.30otion to Purchase. Grantor shall have the option, upon revocation for cause
of the Franchise pursuant to this Part, to purchase the Cable System. If Grantor elects to
purchase the Cable System, the price shall be determined as provided by applicable law, with no
value placed on the Franchise.
11 ROANOKE VALLEY REGIONAL CABLE TV COMM1TT~.F. ('CATV COMMrITEE')
11.1 Members. The 11 members of the CATV Committee shall be selected as follows, and
appointed by the appropriate authority:
! 1.1.1 One member from the Roanoke County Board of Supervisors.
11.1.2 One member from the Roanoke City Council.
11.1.3 One member from the Vinton City Council.
11.1.4 The Vinton Town Manager or his designee.
11.1.5 The Roanoke County Administrator or his designee.
11.1.6 The Roanoke City Manager or his designee.
11.1.7 One member each from the Roanoke City and Roanoke County School
Systems appointed by the respective School Boards.
11.1.8 One member at-large from each of the three jurisdictions (Vinton, Roanoke,
Roanoke County) appointed by the respective governing body.
The General Manager of Grantee shall be given notice of the date, time, and location
of each meeting, with at least 10 days' notice where possible, and may attend all such meetings,
except when the meetings are in executive session.
The Chairperson shall be elected by the Committee for a period of one (1) year, or
for such other term as the Committee shall determine.
45
11.2 ~. The terms for the three appointed at-large members shall be
staggered, as follows: the initial appointee from Roonoke County shall serve one (1) year; the
initial appointee from Roanoke City shall serve for two (2) years; and the initial appointee from
the Town of Vinton shall serve for three (3) years. After the initial terms, each member at-large
shall be appointed for a term of three (3) years or until a successor is qualified. Council or
Board members shall serve for such periods as determined by their respective governing bodies.
11.3 ~d~,.l~g~. The CATV Committee shall meet at the call of the Chairperson or at such
other times as the Committee shall determine, and not less often than once each year. A quorum
shall be constituted by five ($) Members. The CATV Committee shall be authorized to adopt
such By-laws and rules of procedure as are necessary to exercise the responsibilities granted
herein.
11.4 ~fA.~liitLi~l~L The CATV Committee shall:
11.4.1 Advise Grantor on applications for Franchises.
11.4.2 Monitor Grantee's compliance with the provisions of this Ordinance and
advise Grantor on matters which might constitute grounds for monetary forfeiture or revocation
of the Franchise in accordance with this Ordinance.
11.4.3 To the extent permitted by applicable law, advise on the regulation of rates
in accordance with this Ordinance, the Franchise, and applicable law.
11.4.4 Hear all complaints of Subscribers which have not been satisfied by Grantee;
respond to such complaints; record all such complaints; attempt to resolve complaints with
Grantee; record results; and report on an annual basis the results of its actions hereunder relating
to complaints to the respective governing bodies.
46
11.4.5 Review any proposed change in Franchise ownership and recommend whether
approval should be granted by Grantor.
11.4.6 Coordinate review of Grantee records as required by this Ordinance.
11.4.7 Encourage use of Access and Institutional channels among the widest range
of institutions, groups and individuals within the Territorial Limits.
11.4.8 Review access budgets as prepar~ by Grantor departments and coordinate
the expenditure of any capital grant funds provided for in the Franchise for the full development
of educational channels and Access-Cablecasting programming, and other access uses of the
Cable System.
11.4.9 Prepm'e and recommend to the respective governing bodies:
11.4.9.1 Rules and procedures consistent with this Ordinance and the
Franchise, under which Grantee may use Access Channel capacity for the provision of other
services when Access Channels are not being used for access purposes; and
11.4.9.2 Rules and procedures consistent with this Ordinance and the
Franchise, under which such use by Grantee shall cease.
11.4.10 Develop appropriate policies and procedures; coordinate Access Cablecasting
programming and activities; and assist in preparation and review of budgets for aH Access and
Origination Cablecasting activities.
11.4.11 Maintain records in accordance with statutory requirements.
12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS
Grantee shall submit to Grantor and the CATV Committee, within reasonable times after
submission and/or receipt, copies of all pleadings, applications, reports, communications, and
documents of any kind submitted by Grantee to, as well as copies of aH decisions,
correspondence and actions by, ~my federal, state and local courts, regulatory agencies and other
government bo~ies, in any proce~__ing to which Grantee is a party and which materially affects
the operation of the Cable System inside the Territorial Limits. Copies of tax returns need not
be provided.
13 ACCEPTANCE
Grantee shall execute any Franchise, granted pursuant hereto, along with attachments
thereto, within 20 business days after the grant of the Franchise.
14 TIME IS OF THE ESSENCE
Whenever this Ordinance or the Franchise sets forth any time for any act to be performed
by or on behalf of Grantee, such time shall be deemed of the essence, and failure of Grantee to
perform within the time allotted shaH be subject Grantee to the applicable provisions set forth in
Part 10 above.
15 APPLICATION FOR FRANCHISE
Any application for a CATV Franchise must contain the following information:
15.1 Identification. The name, address and telephone number of the applicant.
15.2 Descrintion of A_m)licant. A detailed description of the corporate or other business-
entity organization of the applicant, including but not limited to the following and to whatever
extent required by Grantor:
48
15.2. I The name, residence, business addre~, and telephone number of each officer,
director, and the general manager of the applicant.
15.2.2 The name, r6sidence, business address and telephone number of each persons
having, being entitled to have or control, or controlling 1% or more of the ownership of the
applicant; and each Parent and Affiliated Person of the applicant, and the respective ownership
share.
15.2.3 The name,address, and telephone number of each Parent or Affiliated Person
of the applicant, and a statement of the principal business of any such Parent or Affiliated
Person, including but not limited to Cable Television Systems, broadcast stations, newspapers,
magazines, and telephones companies, and the areas served thereby.
15.2.4 A detailed description of the previous experience of the applicant in providing
Cable Television System service and rehted or similar service.
15.3 Aoolication
15.3.1 Detailed pro forma projections over the first ten years of operation of the
system, by year: including, without limitation, numbers of Subscribers by Tier, rates by Tier,
revenues in detail, expenses in detail, balance sheet, capital expenditures, depreciation, and cash
flow.
15.3.2 A detailed and complete financial statement of the applicant, its Parent and/or
its subsidiaries, prepared by a certified public accountant, for the fiscal year next preceding the
date of the application hereunder, or a letter or other acceptable evidence in writing from a
recognized lending institution or funding source, addressed to the applicant and Grantor, setting
forth the bases for studies performed by such lending institution or funding source, and a clear
statement of its intent as a lending institution or funding source to provide whatever capital shall
be required by the applicant to construct or rebuild and operate the proposed system, or a
49
statement from a certified public accountant certifying that the applicant has available sufficient
free, net and uncommitted cash resources to upgrade or construct and operate the proposed
system.
15.3.3 A statement identifying, by place and date, any other cable television
franchises awarded to the applicant, its Parent or subsidiary; the status of such franchises with
respect to completion thereof; the total cost of completion of such system(s) and the amount of
applicant's and its Parents' or subsidiaries' resources committed to the completion thereof.
15.3.4 A detailed description of the proposed plan of operation of the applicant
which shall include but not be limited to the following:
15.3.4.1 A detailed map indicating all areas proposed to be served, and a
proposed construction time schedule for the complete upgrade or rebuild of the system as
necessary to become operational and to comply with this Ordinance and the Franchise,
throughout the entire area to be served.
15.3.4.2 A statement or schedule listing all proposed classifications of rates
and charges, including installation charges and service charges, extra service, bad checks, etc..
15.3.4.3 A detailed, informative, ami referenced statement describing the
equipment (manufacturers and model numbers and operational and construction standards) which
will be used by the applicant.
15.3.4.4 A detailed description of the technologies to be used, particularly
in respect to extension policy and optimum service to all areas and including clear evidence of
the feasibility of any planned new technologies.
15.3.4.5 Consumer-oriented subscriber-service standards.
5O
16 RBGULATORY CHANGES
16.1 General This Ordinance and any Franchise granted pursuant hereto shaH be subject
to all applicable federal and state'laws, rules and regulations [herinafter 'law']. If any such law
is thereafter amended, changed or repealed, or any new law is adopted or promulgated applicable
to Cable Service after the effective date of any franchise granted hereunder, any such
amendment or change shail be incorporated into this Ordinance at the option of Grantor to the
extent permitted by law. Such change shall become effective upon thirty (30) days written notice
by Grantor to the Grantee of such incorporation.
16.2 Rate or Other Reeulation, Grantor reserves the right to regulate rates for Cable
Service or to engage in other regulatory activity to the fullest extent permitted by law. In the
event that applicable law is amended or repealed or any restrictions on the authority of Grantor
to regulate rates or other Grantee activities are removed or lessened, this Ordinance shall be
deemed to include such regulatory authority for Grantor as if expressly set forth herein.
If the FCC, or any other authorized entity, permits Grantor to regulate such
rates, Grantor may, at its discretion, establish reasonable procedures and standards and regulate
such rates to the fullest extent permitted.
If the FCC or any other government body is granted the authority to regulate
rates, such rules as may be promulgated may be appropriately incorporated into any Franchise
and this Cable Ordinance, at the option of Grantor.
17 OPEN BOOKS AND RECORDS
Grantee shah make available, upon written request by Grantor, complete and accurate books
of account, records, maps, plans and other like materials of the company applicable to the
business, ownership, and operations of the System. Grantor shah have the right to inspect
Grantee's operations at intervals and for reasons related to the enforcement, compliance, and
administration of this Ordinance and the Franchise and to obtain any applicable information
which has not otherwise been provided to Grantor, when Grantor has reasonable basis to believe
51
such has not been reported fairly or accurately. Grantor sl~ll protect the confidentiality of such
information to the extent permitted by law.
Within thirty (30) business days after request by Grantor, Grantee shall provide Grantor
with copies of such records, ceflified as accurate by an officer of Grantee.
18 SEVERABILITY
All terms and conditions of this Ordinance and the Franchise are subject to the rules and
regulations of, and to any required approval of, federal and state agencies. If any provision of
this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency
of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or
regulation now or hereafter to become in effect, or is held by such court or agency to be
modified in any way in order to conform to the requirement of any such law, rule or regulation,
said provision shall be considered a separate, distinct and independent part of this Ordinance or
the Franchise, and such holding shall not affect the validity and enforceability of any other
provisions of this Ordinance or the Franchise.
Notwithstanding the foregoing, if any part of the Franchise is found to be invalid by the
FCC or any court of competent jurisdiction, then the parties shall renegotiate such part. In the
event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise
changed, so that the provision hereof which had been held invalid or modified is no longer in
conflict with the law, rules, and regulations then in effect, said provision shall thereupon return
immediately to full force and effect, at the option of Grantor.
19 SERVICE AND REPAIR STANDARDS
Grantee shall establish and adhere to a preventive maintenance policy directed toward
maximizing the reliability and maintainability of the Cable System with respect to its delivery of
Cable Service to Subscribers at or above the Technical Standards set forth herein. When it is
necessary to interrupt Cable Service for the purpose of m~ldng repairs, adjustments, installations
or other maintenance activities, Grantee shall do so at such times as will cause the least
52
inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the
next morning.
Grantee shall comply with consumer service standards as promulgated by the National
Cable Television Association (NCTA) which standards are incorporated herein by reference, and
with the following:
19.1 ~ Grantee shall maintain sufficient qualified technicians, service
vehicles, and test and repair equipment to provide repair service within the parameters set forth
below.
19.2 Notice. Except in an emergency, Grantee shall give Subscribers at least 24 hours'
notice of any interruption of Cable Service for purposes of maintenance or repair. In an
emergency, Grantee shall give such notice as is reasonable in the circumstances. Notice given
on the Alphanumeric Channels shall be considered sufficient. When Subscriber channels will
be interrupted, normal scheduled service and repair shall be performed between the hours of
11:30 p.m. and 6:30 a.m. the next morning.
19.3 ~ Grantee shall have a local listed telephone for receipt of requests
for repairs at any time, 24 hours per day, seven days per week. Grantee responses to such
requests shall occur within 24 hours after Grantee's receipt of such a request, oral or written,
excluding Sundays and holidays. Verification of the problem and Grantee's best efforts to
resolve the problem shall occur within 48 hours. In any event, resolution should occur within
five (5) working days . Those matters requiring additional maintenance, repair, or technical
adjustments that require more than five (5) working days to complete shall be reported in writing
to the Subscriber and the CATV Committee. Grantor may require reasonable documentation to
be provided by Grantee to substantiate a request for additional time to resolve any such
complaint.
Grantee shall respond seven days a week within two hours to any Area Outage which
occurs between the hours of 7:00 am and 9:00 pm, and by not later than 11:00 am the following
day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m. the following day.
Such response shall mean actual commencement of trouble-shooting and repairs, plus contact with
the complaining Subscriber(s), if reasonably possible under the circumstances.
19.3.1 ~ Grantee shall provide written notice detailing all actions
taken to resolve complaints submitted to Grantor, within 5 business days from written or
telephone notification by Grantor to Grantee. Grantee shall provide monthly service-call and
outage reports to Grantor or the CATV Committee upon request.
19.4 ~ For any continuous Service interruption or loss of service in
excess of 24 hours, Grantee shall make a pro-rated refund of such Subscriber's regular monthly
charge to each Subscriber so affected, upon written request of such Subscriber. The 24-hour
period shall commence when Grantee learns of such outage whether through Subscriber
notification or notification by Grantee's maintenance personnel.
Such refunds shall be prorated by multiplying the applicable monthly service
rate by a fraction whose numerator equals the number of days of the outage and whose
denominator equals the number of days in the month of the outage. For purposes of this
paragraph, an outage shall be defined as a Subscriber's receipt of less than two thirds of the
authorized Basic Cable Service Channels, or loss of any Premium Channel. Grantee shall not
be required to grant a refund in the event that an outage is caused by any Subscriber.
19.5 ]~illi!!g_tklif, gl~ Grantee shall maintain written billing practices and policies and
shall furnish a copy thereof to Grantor, the CATV Committee, and all Subscribers, and to each
new Subscriber. Grantor and all Subscribers shall be notified in writing 30 days in advance of
any changes.
19.6 ~ In the event a Subscriber's service is terminated for any reason,
monthly charges for service shall be pro-rated on a daily basis. Where advance payment has
been made by a Subscriber, the appropriate refund shall be made by Grantee to the Subscriber
within 30 days of such termination, unless the amount is less than $15.00 which shall be refunded
only upon the Subscriber's request.
19.7 Disconnection for Non-Payment, Grantee shall have the right to disconnect a
Subscriber for failure to pay an overdue account provided that:
19.7.1 Grantee's biMi~g practices and policy statements have set forth the conditions
under which an account ~ be considered overdue; and
19.7.2 Grantee mails written notice of intent to disconnect at least 1:5 days prior to
the proposed disconnection; and
19.7.3 The Subscriber's account is at least 30 days delinquent computed from the
first day of service for which payment has not been made.
19.8 R~rds. Grantee shall maintain records of all service complaints by Subscribers
either oral or written. Grantee shall maintain records showing the date of receipt of all written
complaints and identifying the Subscriber, the nature of the complaint, and the date action was
taken by Grantee in response thereto, together with a description of such action. Such records
shall be kept available at Grantee's local office for at least two years from date of receipt, for
inspection by Grantor as it may at any time and from time to time reasonably request, during
business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by
category, shall be provided to the CA'I%' Committee or its designee upon request. Complaints
that remain unresolved for a period of ten (10) working days or more shah be reduced to writing
by the Subscriber and submitted to the CAT¥ Committee or its designee for appropriate action.
20 CONSU~ ST,adqDARDS
Grantee shall comply with the following Consumer Standards, beginning within two years
after the effective date of the Franchise. Service standards shall generally equal or exceed those
established by the NC'FA, and in Part 19 hereof.
55
20.1 Mean time between failures. The average time between Area Outages shall exceed
twenty-four (24) hours in any twelve (12) month period. It shall be computed by dividing the
operating time by the number of Area Outages.
20.2 ~. The average time to complete repair to System outages shall not
exceed two (2) hours in any twelve (12) month period. It shall be computed by dividing the total
time for repairs by the number of repair orders.
20.3 ' ' . Annual Subscriber Down Time shall not exceed an average
of four hours per Subscriber.
20.4 Ti . Mean time to install shall be eight working days for
underground installations and four working days for aerial installations.
20.5 Service Calls (R _e~airs). Seventy percent (70%) of all repair requests shall be acted
upon within 24 hours; 90% within 96 hours. All repair requests shall be resolved within 5
working days unless good and sufficient cause exists. Any service call not resolved within $
working days shall be reported in writing to the CATV Committee by Grantee within two
working days thereafter.
20.6 Telex_ hone Waiting Time. During normal business hours, 90% of all telephone calls
shall be picked up on or before the fourth ring and no caller shall be allowed to wait for more
than 10 rings. Waiting time shall not exceed an average of 30 seconds total for any caller and
no caller shall be transferred except for specialized services.
21 PRIVACY
Grantee shall comply fully with the letter and spirit of Section 631 of the Cable Act with
regard to the right of priw_cy of any Subscriber. If any device or signal associated with the
Cable System interferes with the right of privacy of any third party, Grantee shall terminate any
56
such interference. Grantee shall not disclose the name of any Subscriber to any third party,
except for Grantee's own marketing or research purposes.
21.1 Installation of Ea_uipment. Grantee shall not install its Cable Distribution System on
private property without first securing written permission of the owner or tenant in possession
of such property or the written permission of the holder of any easement for utility lines or
similar purposes, and in accordance with law. Upon request, Grantee shall inform owners and
tenants of the functions of all equipment installed on private property.
21.2 ~ Neither Grantee nor any of its officers, employees or agents shall tap,
monitor or arrange for the tapping or monitoring of any Drop, Outlet or receiver for any purpose
whatsoever other than legitimate technical performance testing of the Cable System or the
monitoring of Subscriber Cable Service or monitoring to prevent theft of service, without prior
written consent of all affected parties.
21.3 Subscriber Lists or Information. Grantee shall not sell, disclose, or otherwise make
available, or permit the use of, lists of the names or addresses of its Subscribers, or any list or
other information which identifies Subscribers or Subscriber viewing habits, to any person or
entity for any purpose whatsoever without the consent of such Subscriber, all in accordance with
and subject to the provisions of the Cable Act and applicable law. This provision shall not
prevent Grantee from performing such ants as may be necessary for the purpose of service-
related activities, including surveys.
21.4 ~ Grantee shall not transmit any Audio, Video or Digital Signal,
including polling channel selections, from any Subscriber's premises without first obtaining the
written consent of that Subscriber. (This provision is not intended to prohibit the use of
transmission signals useful only for the control or measurement of signal performance and
programming, e.g., status monitoring or reception of premium programming, but such
information shall not be used except for those basic purposes.) Grantee shall not permit the
installation of any special terminal equipment in any Subscriber's premises which will permit
transmission from Subscriber's premises of two-way services utilizing Audio, Video or Digital
Signals without first obtaining written permission from the Subscriber.
22. PRIOR INCONSISTENT ORDINANCES.
All ordinances or parts of ordinances inconsistent with or contravening this Ordinance or
any franchise granted hereunder are hereby repealed.
23. NON-DISCR~INATION.
Grantee shatl not discriminate on the basis of race, religion, color, sex or nationai origin
in employment practices, contracting or provision of services.
EFFECTIVE DATE:
This ordinance shall be in full force and effect from and after its passage and publication.
EXHIBITS:
F_,XH~IT A:
EXHIBIT B:
LtNE EXTENSIONS
DOWNTOWN-ROANOKE DROPS FOR GOVERNMENT USE
City Clerk.
58
CABLE ~VISION ORDINANCE
CITY OF ROANOKE, VIRGINIA
TABLE OF CONTENTS
1 DEFINITIONS ......................................... 1
2
GRANT OF AUTHORITY ...................
2.1 F~chise .....................
2.2 Street and Right-of-Way Use Not Exclusive,
2.3 .~ ..............
2.4 Ownership_ of Cable SyF~m ..........
2.4A ~ to own .............
2.4.2 Sale. or Transfer of Franehi~ or Chan~,e of Commi of
2.4.4 Effect of Unauthorized Action
2.4.5 Fo~losu~ ...........
2.4.6 Receivershi_~ or Bankru_mcy
2.4.7 Grantor to Assume Contrg]
2.5 ~ ...........
2.6 ~ ..........
2.8 Extended 5e~ce Are~ ..
2.10 Ch~t-ation U~on Revocation...
2.11 Extension of Term by Grantor, . .
2.13 Written Notice ............
2. t4 ~ ............
.............. 14
............ 14
.............. 14
15
15
16
16
17
17
17
17
17
18
18
19
19
19
20
20
21
2.15 Ce~H~fi~ ........................................ - 21
2.16 Con~t .......................................... 21
2.17 Imuositon_ of re~uirements_ on Gra~t~ ........................ 21
3
GRANT~-g. PA~ TO GRANTOR ......................... 21
3.1 ~ ..................................... 21
3.2 Conditions of Acce~um~ ........................... 22
4
I~NSTALLATION CONDITIONS ...................
4.1 ~ ...................
4.2 Undernmund_ l=a~me~t~ .................
4.3 ~ .........................
4.3.1 Plans .........................
4.3.2 Consla-ucton: Permits: S, _m,~'vision: A _m~0val
4.3.3 Yam~m~n~a .........
4.3.4 ~zanal, iga~ ........
4.4 ~ ............... .
4.4.1 ~ .....
4.4.2 l~nnanm~ina~ .....
Installation: Com~llnnt~. with C~.~
4.5
4.6
4.7
4.8
4.9
22
22
22
23
23
23
23
23
24
24
24
24
24
25
25
25
5
TECHNICAL REQ~ .............................. 26
5.1 ~ ............................... 26
~.2 ~amu~Ig~aada~ ............................. 2~
6 TESTING ............................................. 29
6,1
6,2
Performance Teztin~ By_ Grantt~ ....................... 29
Performance Tesfinn_ Reauired by_ Grnnwe ................. 29
7
LIABILITY OF GRANTORS ................................. 30
7.1 Liability:_ Hold Harmlea.~ ............................ 30
7.2 ~ ..................................... 30
8
INSURANCE; BONDING
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
Additional Indemnification ....
Cash Deposit or Letter of Cr~iit
A~rov~ of Insurance Company
31
31
31
31
32
32
32
32
32
9
SERVICE PROVISIONS
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
Chan~e in Chann~ Array ....
Notice ~ Ram Chang~ .....
Rate or Sendce Discrimination: Special Cln{~ificafion~
Emergency Communications ........
Subscriber Antennas: AB Switchem . .
... 32
... 33
... 33
... 33
... 33
... 33
.., 33
.. 34
.. 34
.. 34
.. 34
.. 35
.. 35
iii
9.13 ~ .................
9.14 ~ ......................
9.15 ~ ...............
9.16 Parental Guidane4 Conixol ..........
9.17 17~]lail]aillL]~ ...............
9.18 Call Recordinn Service for Current Known
35
36
36
36
36
37
10
ENFORCEMENT ........................
10.1 Performance Bond: Letter of Credit ..........
10.1.1 ]~ ................
10.1.2 ~ .................
10.1.3 Call of Performance Bond: Letter of Credit
10.2 Forfeiture and Termination ...............
10.2.1 Forfeiture and Termination ..........
.. 37
37
37
37
38
38
38
10.3 Pen~fi~ ..................................
10.4 Procedure for Revocation of Franchise or lm_oosition of Penalti,~
10.4.1 Notice and Oooortunity to Cure ................
10.4.2 ~ ............................
10.4.3 Computation of Penalty_ ..................
10.5 ' · ' , ......................
lO.:~.1 ~ ........................
10.5.2 No W~v~ ..........................
10.6 Removal AP, er F,x~ration or Revocation: Option to Pur~hn~
10.6.1 Remo~ ............................
10.6.2 ~ ............................
10.6.3 ~iiga.l~aIt, ba~ .....................
41
42
42
43
43
43
43
43
43
44
44
44
11
ROANOKE VALLEY REGIONAL CABLE TV COMMTITEE ("CATV
COMMrrmm') .........................................
iv
45
11 I Memb~ .
11.2 T~s of Offi~ ...................................... 46
11.3 .......................................... 46
11.4 ]~ ..................................... 46
12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS ·· · . . . . . 47
13 ACCEPTANCE ......................................... 48
14 TIME IS OF THE ESSENCE ................................ 48
15
APPLICATION FOR FRANCH]SE .............................
15.1 ~ .......................................
15.2 Descrimion of A~mlicant .................................
15.3 ~
16
REGULATORY CHANGES ................................. 51
16.1 Genernl ...........................................
16 2 Rate or Other Re~ulafio~ - 51
18 SEVERAI3rt.rrY ........................................ 52
19
SERVICE AND REPAIR STANDARDS .......................... 52
19.1 ]~.L.OUli~ili~ .................................... 53
19.2 Notice ........................................... 53
19.3 ~ ..................................... 53
19.3.1 ]~II~tILI~II~ .............................. 54
19.4 P~]~Lt~ItI~ .................................... 54
V
19.6 ~ .................................... 54
19 7 Disconnection for Non-P'avment 55
19.8 Records ........ : ................................... 55
2O
CONSUlV~.R STANDARDS ...
20.1 Mean time between failures.
20.2 ~ .....
20.3 Subscriber Down T~m~- . . .
20.4 ]~ .....
20.5 . ..
20.6 Telephone Waitin~ Time.
55
56
56
56
56
56
.. 56
21
PRIVACY ............................................ 56
21.1 Instnllation of Eoui_~ment ................................. 57
21.2 ~ ........................................ 57
21.3 Subscriber Lists or Informn6on ............................. 57
21.4 l~2~lilt~t_]~t~ .................................. 57
22 PRIOR INCONSISTENT ORDINANCES .......................... 58
23 NON-DISCRIMINATION .................................... 58
FRANCHISE ORDINANCE
LINE EXrI~.NSIONS
EXHIBIT A
Cox Cable Roanoke, Inc. shall provide cable service to areas that
have a density of 25 Dwelling Units or more per mile for aerial
construction or 40 Dwelling Units or more per mile for underground
construction where such areas are contiguous to the existing Cable.
System. Specifically, Cox Cable Roanoke, Inc. shall extend service
to the areas in the southwest section of the County, indicated on
the attached map.
The areas on the line extension map highlighted in yellow
represent areas in Southwest Roanoke County (Routes 220 and 221)
where Cox shall extend Cable Service. These areas have 1,305
homes and will require construction of 64 plant miles which yields
a 20.4 homes per mile current density level. Patterns of housing
starts indicate these areas will soon exceed the 25 homes per mile
standard and completion of construction to these areas shall be
accomplished within 30 months after execution of the Franchise.
Franchise Ordinance
Line Extensions
Exhibit A
The areas on the map highlighted in blue represent areas which
comprise 705 homes and would require 62.4 plant miles resulting
in an 11.3 homes per mile average density. The density of this
area does not provide an adequate return on investment to provide
Cable Service at this time. Cox Cable Roanoke shall consider
other options for these areas such as construction cost sharing or
possibly assisting with provision of Direct Broadcast Satellite service
where technically possible on an individual basis.
-2-
FRANCHIE~ ORDINANC~
DOWNTOWN-ROANOKE DROPS FOR GOYm~NMENTAL US~
EXHIBIT B
L Downtown - Roanoke Drop~
I) Fire Station
Church Ave., SW
Roanoke, VA
2) Police Station
309 - 3rd St., SW
Roanoke, VA
3)
4)
S)
6)
Municipal Building
215 Church St., SW
Roanoke, VA
Roanoke City Library
706 Jefferson St.
Roanoke, VA
City Conference Center
Jefferson St., SW.
Roanoke, VA
Option Building (Old IBM)
Campbell Ave., SW
Roanoke, VA
Time of Installation
On or before 5/1/92
On or before 12/31/91
if connecting conduit is
available. On or before
5/1/92 if not available.
On or before 12/31/91
if connecting conduit is
available. On or before
5/1/92 if not available.
On or before 12/31/91
Future as needed.
Future as needed.
Franchise Ordinance
Downtown - Roanoke Drops for Government Use
Exhibit B
Il. Government Housini~ Drops
Subject to the consent and approval of the Roanoke Redevelopment
and Housing Authority (RRHA), Cox Cable shall provide Cable Service
to RRHA if the governmental housing units underground facilities
serving them can be accurately located by the owner of such
facilities. Cable Service shall be installed within twenty four (24)
months of request by the appropriate party; provided that the
necessary conditions for installation have been met.
~2
Office of the Council
April 15, 1991
Honorable Mayor and Members of
Roanoke City Council
Roanoke, Virginia
Re: Cable Television Franchise
Dear Mrs. Bowles and Gentlemen:
I am pleased to report that the proposed cable television
ordinance and franchise have now been finalized. These documents,
copies of which are attached for your consideration, represent
the conclusion of a long and difficult process which began over
three years ago.
As has been previously reported, the proposed new cable
franchise represents a great improvement in the level of cable
television service that will be provided to the citizens of the
City. Several of the more significant provisions in the proposed
franchise include the following: (1) the franchise fee paid by
Cox Cable Roanoke, Inc., ("Cox") (currently four percent (4%) of
gross revenues), will be raised to five percent (5%) of gross
revenues; (2) Cox has agreed to provide a capital grant totaling
$480,000.00 over the first four years of the franchise to be used
for access purposes; (3) Cox has agreed to upgrade the cable
system utilizing fiber optic technology to provide 62 channels;
(4) Cox has agreed to construct a separate institutional network
which will enable educational and governmental programming to be
placed on the main cable system; (5) Cox has agreed to provide
basic service without charge to each government building, fire
station, police station, library and school academic building
within the City; (6) Cox has agreed to a twelve year franchise
consisting of two (2) six year terms with performance evaluation
at the conclusion of the first six year term; (7) Cox has also
agreed to substantial consumer service and standards, as well as
enforcement provisions.
Room 456 Municipal Building 215 Church Avenue, SW Roanoke, ~rg,nio 2401 t (703) 981-2541
Honorable Mayor and Members of
Roanoke City Council
April 15, 1991
Page 2
The cable television documents are being proposed in substan-
tially identical form to the City of Roanoke, Roanoke County, and
the Town of Vinton. The ordinance includes provisions for the
establishment of a new Roanoke Valley Regional Cable Television
Committee. The purpose of the proposed Committee would be to
monitor Cox's compliance with ordinance requirements and coor-
dinate cable television matters such as access and usage of chan-
nels among the three jurisdictions.
I am extremely pleased with the results of the re-franchising
process and I recommend adoption of the attached cable television
ordinance and accompanying franchise.
I will be pleased to respond to any comments or questions
that you may have.
Very truly yours,
Howard E. Musser, Chairman
Roanoke Regional Cable
Television Committee
HEM:dlj
CC:
Members, Roanoke Regional Cable Television Committee
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
April 24, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #448
Mr. Bernard W. Langheim, Manager
Roanoke Valley Cablevision, Inc.
P. 0. Box 13726
Roanoke, Virginia 24034
Dear Mr. Langheim:
I am enclosing copy of Ordinance No. 30479-42291 authorizing exe-
cution of a certain cable television franchise agreement with Cox
Cable Roanoke, Inc., upon certain terms and conditions.
Ordinance No. 30479-42291 was adopted by the Council of the City
of Roanoke on first reading on Monday, April 15, 1991, also
adopted by the Council on second reading on Monday, April 22,
1991, and will take effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc o
pc:
Mr. Howard E. Musser, Chairman, and
Regional
Ms.
Supe
Ms
Box
Mr.
Virg
Mr.
Maryland 20817
Mr. W. Robert Herbert, City Manager
Mr. Joel M. Schlanger, Director of Finance
Members of the Roanoke
Cable Television Co~ittee
Mary H. Allen, Clerk, Roanoke County Board of
rvisors, p. O. Box 29800, Roanoke, Virginia 24018-0798
Carolyn H. Ross, Clerk of Council, Town of Vinton, P. O.
338, Vinton, Virginia 24179
Robert E. Glenn, Attorney, p. O. Box 2887, Roanoke,
inia 24001
O. D. Page, P. E., 7536 Spring Lake Drive, Bethesda,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd Day of April, 1991.
No. 30491-42291.
A RESOLUTION recognizing the meritorious service rendered to
the City by Von W. Moody, III, Director of Real Estate Valuation.
WHEREAS, this Council has received, and accepted with regret,
the resignation of Von W. Moody, III, as Director of Real Estate
Valuation effective May 13, 1991;
WHEREAS, Mr. Moody has served the City in outstanding fashion
in various important capacities for more than ten years, including
service as Senior Commercial Appraiser from April, 1981, to May,
1983, Acting Deputy Director of the Office of Real Estate Valuation
from May, 1983, to August, 1983, Deputy Director of the Office of
Real Estate Valuation from August, 1983, to August, 1986, and
Director of Real Estate Valuation from August 1, 1986, to May 13,
1991;
WHEREAS, as Director of Real Estate Valuation, Mr. Moody has
been charged with responsibility for managing a staff of thirteen
persons having the duty of assessing 44,000 parcels of residen-
tial and commercial real property per year; and
WHEREAS, in this capacity, Mr. Moody has given unselfishly of
his time and ability and has served the City with the utmost
loyalty and devotion, displaying the highest professionalism and
competence, and, in particular, attributes of honesty, integrity,
and friendliness;
THEREFORE, BE IT RESOLVED by
noke as follows:
1. The Council adopts this means of
lng the outstanding professional services
Von W. Moody, III.
the Council of the City of Roa-
recognizing and
rendered to the
commend-
City by
2. City Council extends its best wishes to Mr. Moody as he
continues the practice of his profession in the private sector.
3. The City Clerk is directed to forward an attested copy of
this resolution to Mr. Moody.
ATTEST:
City Clerk.
CITY OF ROANOKE
INTERDEPARTMENT COM~UNICATION
DATE: April 16, 1991
TO: Wilburn C. Oibling, Jr., City Attorney
FROM: Mary F. Parker, City Clerk I~"~ ~
SUBJECT: Preparation of a Measure
The Mayor and ~embers of Council have requested that you prepare
the proper measure recognizing the service of Mr. Von W. ~oody,
III, Director of Real Estate Evaluation for consideration by
Council on ~onday, April 22, 1991.
If I may be of assistance to you, please do not hesitate to call
~FP:ra
MEMO. 11
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 22nd Day of April, 1991.
No. 30492-42291.
VIRGINIA,
A RESOLUTION commending and expressing appreciation to those
persons and organizations involved in successful planning for and
implementation of the 1991 Metro Conference Basketball Tournament.
WHEREAS, on March 7 through 9, 1991, the Metro Conference
Basketball Tournament was held at the Roanoke Civic Center;
WHEREAS, the Tournament was efficiently conducted in all of
logistical
hospitably
tion;
its
aspects, visiting teams and officials were received most
and the Civic Center facility was in outstanding condi-
WHEREAS, hundreds of hours of planning went into making the
Tournament the successful event that it was;
WHEREAS, a large number of City employees were involved in
conduct of this important event, and these employees performed in
an exemplary fashion;
WHEREAS, a large number of corporate sponsors and contributors,
other organizations and volunteers made significant contributions
toward the success of this event; and
WHEREAS, City Council desires to recognize the contributions of
those persons and organizations who made the 1991 Metro Conference
Basketball Tournament the enormous success that it was;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The members of the 1991 Metro Tournament Committee con-
sisting of Bobby Archer, Jack Bogaczyk, Bob Chapman, John Clarke,
Mark Collins, Larry Harris, W. Robert Herbert, Laban Johnson,
John Lambert, Martha Mackey, Mac McCadden, Tom McNeer, Lu Merritt,
Charlie Molt, Jody Molt, Danny Monk, Jess Newbern, Chris Powell,
Jim Settles, George C. Snead, Jr., Jack Williams, Brian J. Wishneff
and Dan Wooldridge, are hereby commended by City Council for their
excellent work in planning the many details of the most successful
Basketball Tournament conducted at the Roanoke Civic Center on
March 7 through 9, 1991.
2. The following City employees, who performed in exemplary
fashion, giving unselfishly of their time and ability in support
of the Tournament, are hereby comJnended for their service: Vivian
Nelson, Executive Secretary, Mae Huff, Account Technician, Ed
Parker, General Superintendent, Roy Moore, General Supervisor, Ted
Littreal, General Supervisor, Edgar Jones, Crew Supervisor II,
Bruce Powers, Crew Supervisor II, George Assaid, Trades Helper,
James Rayfield, Trades Helper, William Dickson, Building Mainte-
nance Supervisor, Michael Randolph, Electrician, Jay Patton,
Electrician, Gary Hannabass, Maintenance Mechanic II, Chuck
Blackwell, Maintenance Mechanic II, Vern Steed, Business
Coordinator, Pat Willis, Head Cashier, Lucy Barlow, Cashier,
Sue Craig, Cashier, Susan Jones, Cashier, Richard Day, Super-
visor and his staff of 37 patron service attendants, Larry Desper,
Supervisor and his staff of 11 parking lot attendants, June Hatch,
Supervisor and her staff of eight parking lot cashiers, the
Minute Men Crew, Mark Allan Williams, Assistant City Attorney,
D. D. Roupe, Manager of General Services, L. Bane Coburn,
Engineer, Larry Minnix, Construction Inspector, W. Alvin Hudson,
Sheriff, Major George McMillan, Nelson Jackson, Manager of Build-
ing Maintenance/Custodial Services, Ernest Wilson, Superintendent,
Tony Chapman, Custodian, Melvin Matthews, Custodian, Mike Hicks,
Custodian, Robert T. Nance, Custodian Supervisor, Gilbert Finney,
Jr., Custodian Supervisor, Frank W. Broughman, Custodian III,
Ramona T. Brown, Custodian I, William L. Callands, Jr., Custodian I,
John D. Childs, Custodian I, Edward J. Daniels, Custodian II, Alonzo
W. English, Custodian I, Arthur B. Gravely, Jr., Custodian I,
Pamela B. Hairston, Custodian I, Carolyn Y. Jordan, Custodian I,
Joseph B. Lee, Custodian II, Frances E. Mattox, Custodian I,
Thomas E. Morris, Custodian I, Gustavus L. Poindexter, Custodian
II, Alphonsia Preston, Custodian I, Lill A. Robertson, Custodian
I, Teresa S. Russell, Custodian I, Cheryl A. Stephens, Custodian
I, Charles L. Bonds, Custodian I, Lt. W. L. Althoff, Traffic
Division of Police Department, Ed Culp, Turf Specialist.
3. The following organizations who made significant con-
tributions to the Tournament's success are hereby commended:
The Roanoke Valley Convention and Visitors' Bureau; Virginia
Polytechnic Institute & State University and their Athletic
Department; Blue Ridge Catering Service (Wayne Arrington and
Gerry Grout and their staff); Blue Ridge Investigation Service
(Harold McCann, owner, and his security guards); and International
Alliance of Theatrical and Stage Employees (Jim Nelson, union
steward, and his crew).
4. Appreciation is hereby expressed to those corporate
sponsors and contributors who graciously made financial and in-
kind contributions as well as gifts of products in support of the
Tournament.
5. Appreciation is also expressed to the hundreds of volun-
teers, who gave of their time and energy in serving as hosts,
drivers, coordinators, etc., on behalf of the Tournament.
6. Recognizing that a major athletic event, such as the 1991
Metro Conference Basketball Tournament, cannot be successfully con-
ducted without the cooperation and support of hundreds of persons
and organizations, many of whom have not or cannot be identified in
this resolution, Council expresses appreciation and that of the City
of Roanoke to all of those persons and organizations, named and
unnamed, who made contributions in support of this immensely suc-
cessful event.
ATTEST:
City Clerk.
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE: March 19, 1991
TO: George C. Snead, Jr., Director, Administration and Public
Safety
FRO~: Wilburn C. Dibling, Jr., City Attorney~
RE: 1991 Metro Basketball Tournament
At the City Council meeting of ~arch 11, 1991, Council requested
that I draft a resolution commending all those who participated in the
planning and preparation for and coordination of the ~etro Basketball
Tournament. I am sure that this will be a difficult, if not impossible,
task. You are, of course, the best source of this information, and I
am requesting from you a list of persons who should be named as well
as any comments you may have as to the content of the resolution.
Thank you for your cooperation in enabling me to respond to this
request of Council.
cc:~ary F. Parker, City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 22nd Day of April, 1991.
No. 30479-42291.
VIRGINIA
AN ORDINANCE authorizing the execution of a certain cable
television franchise agreement with Cox Cable Roanoke, Inc., upon
certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
Mayor and City Clerk are authorized to execute and attest, respec-
tively, in form approved by the City Attorney, a proposed cable
television franchise agreement with Cox Cable Roanoke, Inc. pro-
viding for a term of
city to 62 channels,
distribution network,
twelve years, an expansion in channel capa-
the provision of an institutional cable
public, education and governmental access
channels, establishment of a community studio, provision of basic
service without charge for installation and one converter/decoder
to each elementary and secondary school academic building, a
capital grant for allocation to the three jurisdictions of Vinton,
Roanoke, and Roanoke County in the amount of $480,000.00, reim-
bursement of franchise award related expenses of an amount not to
exceed $20,000.00, and payment of a franchise fee in the amount of
five percent of gross revenues, and such other terms and con-
ditions as are deemed to be in the best interest of the City of
Roanoke and as more particularly set forth in the report and
accompanying exhibits of April 15, 1991, by the Chairman of the
Roanoke Regional Cable Television Committee to this Council.
ATTEST:
City Clerk.
PUBLIC NOTICE
Take notice that on Monday, April 15, 1991, at 2:00 p.m., or
as soon thereafter as may be heard, and on Monday, April 22, 1991
at 2:00 p.m., or as soon thereafter as may be heard, in Roanoke
City Council Chambers, Roanoke Municipal Building, Roanoke City
Council will consider a proposed cable television ordinance and
cable television franchise with Cox Cable Roanoke, Inc., upon
certain terms and conditions for the provision of cable televi-
sion service in the City of Roanoke. The public will be afforded
an opportunity for comment upon the proposed ordinance.
of the proposed ordinance are available for inspection
Office of the City Clerk, Room 456, Municipal Building,
Virginia.
Copies
in the
Roanoke,
Given under my hand this llth day of April, 1991.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in the Sunday edition on April 14, 1991.
Forward bill to Mary F. Parker, City Clerk, Room 456, Municipal
Building, Roanoke, Virginia 24011. Thank you.
CABLE TV FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into this
, 1991 by and between
("Grantor") and Cox Cable Roanoke, Inc. ("Grantee"):
day of
WHEREAS Grantor has reviewed the Proposal and Application for a
CATV Franchise of Grantee; and
WHEREAS Grantor at duly authorized and regular meetings did vote
to grant a renewal of the Cable TV Franchise to Grantee; pursuant to
the provisions of the Cable Act, City Charter, and State Code.
NOW THEREFORE in consideration of said grant of renewal of the
CATV Franchise, the parties agree as follows:
1. GRANT
Grantor hereby grants to Grantee a Cable Television Franchise
to operate a Cable Television System within Grantor's Territorial
Limits in accordance with the terms and conditions set forth below.
The Franchise is granted pursuant to Grantor's Cable Television
Ordinance dated April , 1991, ("Ordinance"), which, with any amend-
ments thereto, and including applicable definitions, is incorporated
by reference herein.
2. TERM
The term of the Franchise shall be twelve (12) years, com-
mencing on the date of acceptance of this Franchise. At the end of
the first six (6) years of the term, Grantor shall evaluate Grantee's
performance under this Franchise and the Ordinance. If Grantee has
not completed the Rebuild of the Cable System as provided in Part 4
hereof; provided Access and Institutional Facilities as provided in
Part 5 hereof; wired the Downtown Roanoke Area as provided in Part 6
and Exhibit C hereof; completed payments as provided in Part 7 hereof;
paid Franchise Fees as provided in Part 9 hereof; and/or has not
substantially complied with all other provisions of this Franchise or
the Ordinance, Grantor may revoke this Franchise in accordance with
Part 10 of the Ordinance.
3. INTERCONNECT
If technically feasible, Grantee shall provide for an
Interconnect with any adjacent cooperating Cable Operator, at
Grantee's cost, in accordance with paragraph of the
Cable Television Ordinance.
4. CHANNEL CAPACITY
Within four (4) years from the effective date of this
Franchise, the Cable System shall be rebuilt to provide the capacity
for 62 TV Channels plus FM downstream and shall be capable of carrying
4 Channels upstream, for a total bandwidth of 450 MHz, in accordance
with the Technical Rebuild Plans atttached as Exhibit D. At that time
the System shall meet or exceed the standards set forth in the Cable
Television Ordinance and/or any superseding and applicable codes and
law. All Channels shall be fully activated in the Cable Distribution
System, and at least 40 Channels shall provide programming during nor-
mal viewing hours, including network programming, a news channel,
sports channel, children's programming, weather channel and movie ser-
vices.
5. INSTITUTIONAL FACILITIES
Grantee has designated the insertion points of an
Institutional Cable Distribution Network, a map of which together with
2
a description of capabilities and operations and a list of equipment
to be provided, with descriptions, manufacturers and model numbers is
attached hereto and incorporated by reference as Exhibit A. The
Institutional Cable Distribution Network shall be completed within
four (4) years from the effective date of this Franchise.
Within 180 days of acceptance of this Franchise, Grantee shall
provide up to three (3) scramblers at the Head-End and a
Converter/Descrambler at each of the buildings as specified in
paragraph__ of the Ordinance and passed by the Cable System for the
purpose of safeguarding material of a sensitive nature which is to be
transmitted downstream.
5.1 Access Channels. Grantee shall provide two (2) downstream
PEG Access channels, and upon request of Grantor, a third downstream
Access channel. Within four (4) years after acceptance of this
Franchise, Grantee shall make available six (6) additional Access
Channels downstream on the Subscriber Cable Distribution System at the
request of Grantor. The Institutional Cable Distribution Network
shall, within the same four-year period, provide Upstream Transmission
capability on three (3) dedicated Channels for government and
educational use. Such Institutional Cable Distribution Network shall
provide for origination and signal-injection at points along the
designated routes allowing for processing and switching at the
Head-End. Transmitting (signal-injection) points are to be as
designated in Exhibit A.
5.1.1 Use. Use of Access Channels shall be for noncommercial
nonprofit purposes only. Use of the Public Access Channel(s) for any
non-commercial access purpose shall be subject to such rules as
Grantee may establish, subject to the approval of Grantor.
3
5.1.2 Free Access. There shall be no charge for noncommercial
nonprofit access use of the Community Studio (5.2.1 below), the pro-
duction facilities and equipment in
Access Channels, for any non-profit
Grantor, employee, official, agency
the Community Studio, or the
use of the Access Channels by
or commission, or any non-profit
group or organization, or by Grantor's school system. Use by all
others shall be at rates payable to Grantee established by Grantor
upon recommendation of the C.A.T.V. Committee. If the Grantor fails
to establish such rates, Grantee may establish rates, subject to the
approval of Grantor. Users of production facilities and equipment for
access purposes in the Community Studio shall be responsible for any
loss or damage thereto.
5.1.3 Priority. Public access use shall have priority in the use
of the Community Studio, production equipment, and Public Access Channels.
5.1.4 program Content; Control. No control over program content
shall be exercised by Grantee except the establishment of rules prohi-
biting presentation of commercial advertising, lottery information and
obscene or indecent matter, and as required or permitted by the FCC
and other federal, state, and local laws.
5.1.5 Alternate Use. Grantee may use the Access Channels for any
lawful purpose during such periods as they are not being used for
access purposes provided that access use shall have priority at all
times.
5.2. Studio and Equipment.
5.2.1 Studio. One Community Studio shall be provided by Grantee
and located within Roanoke City, Roanoke County or the Town of Vinton,
to be utilized by Grantee for local-origination Cablecasting and by
the public for public access Cablecasting use.
4
5.2.2 Equipment. Grantee shall equip Grantee's Community Studio in
a manner such as to produce live and recorded NTSC broadcast-quality
color TV signals. At least two broadcast-quality color cameras shall
be provided, one of which shall be portable, including lighting,
switching, tripods, accessories, and controls. Equipment to be pro-
vided is listed in Exhibit B, attached hereto and made a part hereof.
Grantee shall have the responsibility for operation, maintenance,
repair, and replacement of such equipment.
5.2.3 Training. Upon request, Grantee shall train Grantor's
employees for TV program origination and coordination, at Grantee's
cost.
5.3 Service to Schools. Grantee shall provide Basic Service
without charge, free installation, and one Converter/Decoder to each
elementary and secondary school academic building, both public and
private, and to each public College and Community-College academic
building, passed by the Cable Distribution System, within six (6)
months after acceptance of this Franchise, and shall make additional
Converter/Decoders available at cost. Grantee shall provide reaso-
nable assistance to the public schools in; (a) training of personnel,
(b) operation of equipment, and (c) production of programs.
5.4. Prosram Ori$ination Points. Within four (4) years after
acceptance of this Franchise, the Cable System shall be constructed so
that programs may be originated at the Community Studio or any location
designated in accordance with Exhibit A, including Institutional
Studio(s) as operated by Grantor, for Upstream input and transmission
capability on the Institutional Distribution Cable System to the
Head-End and then switched downstream on the Subscriber Cable
5
Distribution System to all receiving points. At Grantor's option,
Downstream Transmissions on Educational and Government Access Channels
may be encoded and/or scrambled.
5.5 Upstream Capability. Within four (4) years after acceptance
of this Franchise, Grantee shall provide capability for Upstream Audio
and Video signal input on three Channels from locations designated on
Exhibit A for transmission of programming originating at such loca-
tions Upstream for processing and switching to Access Channels. The
Head-End shall have the ability to convert and switch such Upstream
Transmissions to designated Downstream Access Channels on the
Subscriber Distribution Cable System, and shall have the capability to
scramble signals on such Channels.
6. DOWNTOWN ROANOKE AREA
Grantee shall provide Basic Service without charge, free
installation, and one Converter/Decoder for each Government and
Educational building in the downtown Roanoke Area listed in Exhibit C.
7. CAPITAL GRANT; EXPENSE REIMBURSEMENT.
7.1 Capital Grant. Grantee shall provide a capital grant to
Grantor for allocation to the three jurisdictions of Vinton, Roanoke,
and Roanoke County, for acquisition of equipment to be used by
Grantor, in the amount of Four Hundred Eighty Thousand Dollars
($480,000.00), or shall provide Grantor with suitable equipment, as
approved by Grantor, of equal or greater value. The capital and/or
equipment is to be used by Grantor for Access purposes only and shall
not be considered to be part of the Franchise Fee.
Grantee shall provide such funding in the following manner:
7.1.1 First Payment. Within thirty (30) days after acceptance of
this Franchise: Two Hundred Thousand Dollars ($200,000.00);
7.1.2 Second Payment. Within one year of acceptance of this
Franchise: an additional One Hundred Thousand Dollars ($100,000.00)
7.1.3 Third Payment. Within two years of acceptance of this
Franchise: an additional
7.1.4 Fourth Payment.
Franchise: an additional
7.2 Reimbursement.
providing of a complete
this Franchise, Grantee
One Hundred Thousand Dollars ($100,000.00)
Within three years of acceptance of this
Eighty Thousand Dollars ($80,000.00).
Upon acceptance of this Franchise and
list of all expenses related to the award of
shall reimburse the City of Roanoke, Roanoke
County and the Town of Vinton an amount not to exceed $20,000.00 for
such expenses in addition to a prior reimbursement of expenses in the
amount of $20,000.00. In addition, Grantee shall reimburse Grantor
for advertising expenses incurred in the franchising process.
8. FRANCHISE-FEE PAYMENTS TO GRANTOR
8.1 Amounts. For the period from January 1, 1991, to July 1,
1991, the Franchise Fee shall be in the amount of four percent (4%) of
Gross Revenues.
pay to Grantor
Gross Revenues,
Beginning July 1, 1991, and
a Franchise Fee in the amount
in accordance with Part 3 of
thereafter, Grantee shall
of five percent (5%) of
the Ordinance.
8.2 Reporting. No later than 75 days after the end of each
Grantee fiscal year, Grantee shall present to Grantor an annual report
of system finances which shall include allocation of Gross Revenues by
category including, without limitation, Basic Service, installation,
advertising~ premium channels, etc.
9. NON-DISCRIMINATION
Grantee shall not discriminate on the basis of race, reli-
gion, color, sex, or national origin in its employment practices,
contracting, or provision of service.
7
10. EFFECTIVE DATE
The effective date of the Franchise shall be Way 1, 1991.
EXHIBITS:
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
WITNESS the
Attest:
Institutional Cable Distribution System
Community Studio Equipment
Downtown-Roanoke Drops for Government use
Technical Rebuild Plans
following signatures:
CITY OF ROANOKE, VIRGINIA
City Clerk
By
Its
, 1991.
Accepted this
day of
Attest:
COX CABLE ROANOKE, INC.
Title:
By
Its
8