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HomeMy WebLinkAboutCouncil Actions 04-05-93HARVEY 31401 REGUIAR WEEKLY SESSION ROANOKE CITT COUNCIL April 5, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Members Bowles, McCadden and White were absent. The Invocation was delivered by The Reverend Bruce A. Noffs'mger, Pastor, Hollins Road Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. CONSENT AGENDA (APPROVED 4-0) ALL MATYERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor David A. Bowers recommending that the agricultural land use tax exemption in the City of Roanoke be repealed. RECOMMENDED ACTION: Refer to 1993-94 budget study for consideration by Council. C-2 A list of items pending from July 10, 1978, to March 22, 1993. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. I-I~.ARING OF C1TIZF. NS UPON PUBLIC MATrERS: ao Request to discuss an increase in the total combined income of any elderly or disabled property owner claiming real property tax exempt status from $22,000.00 to $30,000.00. Edmond A. Damus, Spokesperson. Received and filed and r~f~n~d to 1993-94 Budget Study. Request to present a report on NationsBank's 1992 activity through the Community Investment HMDA Lending results, as well as the status of the Bank's ten billion dollar commitment goal. Lewis M. Nelson, Jr., Spokesperson. Received and filed. 4. PETITIONS AND COMMUNICATIONS: 2 A communication from Benjamin O. Tayloe, President, National Association for a Balanced Federal System, requesting adoption of a measure in support of the Article V Proposal of the Council of State Governments to restore the ability of the state to initiate amendments without fear of a "runaway" convention. Referred to the City AlXorney for clarification. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending ratification of certain amendments to the By-laws of Mental Health Services of the Roanoke Valley, in order to change the organization's name to Blue Ridge Community Services and to reflect the current standards set by the State Department of Mental Health, Mental Retardation and Substance Abuse Services. Adopted Resolution No. 31401-040593. (4-0) o A report recommending an amendment to the City Code to provide for "short listing" of three or more offerers to be interviewed by a selection committee in the process of procurement of professional services. Deferred until the next regular meeting of Council on Monday. April 12, 1993. 3 o A report recommending execution of an amendment to the City's agreement with the Virginia Department of Transportation for administration of the Wells Avenue Project by the City of Roanoke. Deferred until the next mgnlar meeting of Council on Monday. April 12, 1993. A report recommending acceptance of the lowest responsible bids received by the City for furnishing trucks and related equipment. Deferred until the next regular meeting of Council on Monday. April 12, 1993. b. CITY ATTORNEY: A report recommending authorization to institute and conduct a suit to collect delinquent real estate taxes and assessments by judicial sale with respect to certain property within the City. Adopted Resolution No. 31402-040593. (4-0) 6. REPORTS OF COMMITTEES: A report of the City's representative to the Roanoke Valley Resource Authority recommending approval of the Authority's proposed fiscal year 1993-94 annual budget. Kit B. Kiser, Roanoke City Representative, Roanoke Valley Resource Authority. Adopted Resolution No. 31403-040593. (4-0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF 4 aw Ordinance No. 31375, on second reading, authorizing issuance of twenty million one hundred thousand dollars ($20,100,000) principal amount of General Obligation Bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of various public improvement projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of issuance and sale of such bonds. bo Co Adopted Ordinance No. 31375-040593. (4-0) Ordinance No. 31377, on second reading, amending and reordaining Section 32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.007 per cigarette to $.0085 per cigarette; and providing for an effective date of July 1, 1993. Adopted Ordinance No. 31377-040593. (4-0) Ordinance No. 31378, on second reading, amending and reordaining Section 20-28, Tax imposed, Code of the City of Roanoke (1979), as amended, to provide that the current annual license tax on each passenger vehicle or motor home weighing four thousand (4,000) pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); that the minimum annual license tax for certain motor vehicles with a passenger seating capacity of more than ten (10) adults, certain school buses, certain trailers or semitrailers designed for human occupancy, certain taxicabs and other motor vehicles for hire, certain church buses, and certain vehicles used not for profit in transporting persons who as a part of a common undertaking agree to bear all or part of the costs of operation or used by a lessee renting such vehicle under written lease for twelve months or longer, be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); that the annual license tax on motor vehicles not designed for transportation of passengers and having a gross weight of 4,000 pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); and that the annual license tax on pickup and panel 5 trucks weighing 4,000 pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); and providing for an effective date of April 15, 1994. Adopted Ordinance No. 31378-040593. (4-0) do Ordinance No. 31379, on second reading, amending and reordaining Section 20-34, Same - Transfer, and Section 20-35, Same - Replacement when lost, Code of the City of Roanoke (1979), as amended, to provide for an increase in the fee for transfer or replacement of the annual motor vehicle license from one dollar ($1.00) to two dollars ($2.00); and providing for an effective date of July 1, 1994. Adopted Ordinance No. 31379-040593. (4-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: None. 6 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #60-51-79-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mayor David A. Bowers recommending that the agricultural land use tax exemption in the City of Roanoke be repealed, which communication was before the Council of the City of Roanoke at a regniar meeting held on Monday, April 5, 1993. On motion, duly seconded and adopted, the matter was referred to 1993-94 budget study for consideration by Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc'. Mr. Wilburn C. DibHng, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 March 26, 1993 The Honorable Beverly T. Fitzpatrick, Jr. and Members of Roanoke City Council Roanoke, Virginia Dear Vice-Mayor, Mrs. Bowles and Gentlemen: ! believe the time has come for Roanoke to consider ending the agricultural land use tax exemption which is available within the City of Roanoke. As you know, Roanoke's boundaries are locked in by the State Annexation Moratorium and we are unable to expand our area. Accordingly, Roanoke City Council has had an aggressive policy over recent years of aggressively seeking and encouraging inner city development. For the City to continue to thrive, we need to continue to adapt our policies and programs to encourage population growth and economic development within our boundaries. I've come to the conclusion, myself, that the agricultural land use exemption is an impediment to growth within the City limits, and should be repealed. There are approximately 44,200 parcels of real estate in this City, but only 46 properties, owned by 21 owners, are under the Agricultural Land Use Program. A recent analysis by Willard N. Claytor, Director of the Office of Real Estate Valuation for the City of Roanoke, indicates that of the vacant properties of at least five acres or more (five acres is minimum qualifying acreage for agricultural land use exemption), 46 parcels, or 19 percent, receive the agricultural land use exemption. Currently these 46 properties of at least five acres or more account for 670 acres within the City and have a current market value of $10,840,600.00; however, these 46 properties have only an assessed value of $758,600.00. In comparison, the 193 other vacant properties of at least five acres or more which lie within the City limits, account for 3,235 acres and have a market value of $24 million which is comparably assessed at the same amount of $24 million. Under this analysis, it is not fair to the owners of 81 percent of the vacant properties of at least five acres or more to be assessed at the standard real estate rate, when only 19 percent of the vacant properties of at least five acres or more are assessed at the agricultural land use rate. In other words, the 193 properties generate 97 percent of the assessed taxes on vacant properties of at least five acres or more, while the 46 properties under the agricultural land use exemption generate only three percent of the assessed value tax. The Honorable Beverly T. Fitzpat~ck, Jr. and Members of Roanoke City Council March 26, 1993 Page 2 Mr. Claytor has further estimated that of the 46 properties of at least five acres or more which have a current market value of $10,840,600.00, the potential tax revenue to the City would be $135,508.00. However, since these properties have the reduced assessed value of $758,600.00 for agricultural use, the actual tax which the City of Roanoke coliects on these properties is oniy $9,483.00. In other words, the City has an annual tax loss of $126,025.00 because of this exemption. Roanoke should be and is a major metropolitan city for western Virginia. We should continue to enact policies and programs which will encourage population growth and development within the City. I believe the time for agricultural use exemptions within the City limits shonid be brought to an end. Accordingly, I am requesting that a letter be placed on the Consent Agenda for our regular Council meeting on April 5, 1993 and thereafter be referred to Budget Study. Council should consider repealing the agricultural land use exemption and if Council believes that this might be too harsh a decision this year, then we should at least decide to do this beginning July 1, 1994, so that the present owners of land under the aliL-iculturel land use exemption will have more than one year in which to make plans to develop their property within the City of Roanoke. Best personal regards to each of you. Sincerely, Mayor DAB: sm pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Gldsso, Acting Director of Finance Mr. Willst~l N. Claytor, Director of Real Estate Valuation David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W. Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 March 26, 1993 The Honorable Beverly T. Fitzpatrick, Jr. and Members of Roanoke City Council Roanoke, Virginia Dear Vice-Mayor, Mrs. Bowles and Gentlemen: I believe the time has come for Roanoke to consider ending the agricultural land use tax exemption which is available within the City of Roanoke. As you know, Roanoke's boundaries are locked in by the State Annexation Moratorium and we are unable to expand our area. Accordingly, Roanoke City Council has had an aggressive policy over recent years of aggressively seeking and encouraging inner city development. For the City to continue to thrive, we need to continue to adapt our policies and programs to encourage population growth and economic development within our boundaries. I've come to the conclusion, myself, that the agricultural land use exemption is an impediment to growth within the City limits, and should be repealed. There are approximately 44,200 parcels of real estate in this City, but only 46 properties, owned by 21 owners, are under the Agricultul~al Land Use Program. A recent analysis by Willard N. Claytor, Director of the Office of Real Estate Vaiuation for the City of Roanoke, indicates that of the vacant properties of at least five acres or more (five acres is minimum qualifying acreage for agricultural land use exemption), 46 parcels, or 19 percent, receive the agricnitural land use exemption. Currently these 46 properties of at least five acres or more account for 670 acres within the City and have a current market value of $10,840,600.00; however, these 46 properties have only an assessed value of $758,600.00. In comparison, the 193 other vacant properties of at least five acres or more which lle within the City limits, account for 3,235 acres and have a market vaiue of $24 million which is comparably assessed at the same amount of $24 million. Under this analysis, it is not fair to the owners of 81 percent of the vacant properties of at least five acres or more to be assessed at the standard real estate rate, when only 19 percent of the vacant properties of at least five acres or more are assessed at the agricultural land use rate. In other words, the 193 properties generate 97 percent of the assessed taxes on vacant properties of at least five acres or more, while the 46 properties under the agricultural land use exemption generate only three percent of the assessed value tax. The Honorable Beverly T. Fitzpatrick, Jr. and Members of Roanoke City Council March 9.6, 1993 Page 2 Mr. Claytor has further estimated that of the 46 properties of at least five acres or more which have a current market value of $10,840,600.00, the potential tax revenue to the City would be $135,508.00. However, since these properties have the reduced assessed value of $758,600.00 for agricultural use, the actual tax which the City of Roanoke collects on these properties is only $9,483.00. In other words, the City has an annual tax loss of $126,025.00 because of this exemption. Roanoke should be and is a major metropolitan city for western Virginia. We should continue to enact policies and programs which will encourage population growth and development within the City. I believe the time for agricultural use exemptions within the City limits should be brought to an end. Accordingi¥, I am requesting that a letter be placed on the Consent Agenda for our regular Council meeting on April 5, 1993 and thereafter be referred to Budget Study. Council should consider repealing the agricultural land use exemption and if Council believes that this might be too harsh a decision this year, then we should at least decide to do this beginning July 1, 1994, so that the present owners of land under the agricultural land use exemption will have more than one year in which to make plans to develop their property within the City of Roanoke. Best personal regards to each of you. Sincerely, David A. Bowers Mayor DAB: sm pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Willard N. Claytor, Director of Real Estate Valuation Pending Items from July 10, 19'/8 through March 22, 1993 Referral Date Referred To Item 7/10/78 City Manager Mayor's 1978 State of the City Recommendation No. 11 (Development of a hotel on Mill Mountain.) 8/12/91 City Manager Director of Finance Mayor's 1991 State of the City Recommendation No. 4 that the necessary steps be taken to reduce the real estate tax rate from $1.25 per $100.00 of assessed value to $1.20 per $100.00 of assessed value during the next five years. 2/10/92 City Attorney Request to study the matter of regulating the sale of "look- alike" weapons. 6/22/92 City Manager City Attorney Commissioner of Revenue Matter of increasing the total combined income of any elderly or disabled property owner claiming real property tax exempt status from $22,000.00 to $26,000.00, and increasing the first $4,000.00 of income of each relative, other than the spouse of the owner, who is living in the dwelling, to $4,750.00. Pending Items from July 10, 1978 through March 22, 1993 Referral Date Referred To Item 9/9/92 Director of Finance Request to provide infmmation with regard to the cost of reducing the number of years to become vested in the City's pension plan from ten to five. 10/12/92 City Planning Commission Remarks with regard to the issue of demolition of buildings as related to economic development, as well as the City's beautification efforts and its impact on downtown Roanoke and adjoining neighborhoods. 10/12/92 City Manager 1993-94 Budget Study Request to report to Council during fiscal year 1993-94 budget study with regard to the City's taxing authority relative to surface parking lots. 12/14/92 1993-94 Budget Study Matter of a mounted police patrol in the City. 1/4/93 City Manager City Attorney Remarks of Mr. Walker Nelms with regard to a proposed animal control ordinance. (See report of City Attorney under date of January 11, 1993.) 2 Pending Items from July 10, 1978 through March 22, 1993 Referral Date Referred To Item 2/1/93 City Manager Question of whether or not the City can require the use of reflective tape on dumpsters located on City property. 2/8/93 City Planning Commission City Attorney Request of District Investigation, Inc., that conditions approved pursuant to Ordinance No. 28168 rezoning a tract of land on Sanford Avenue, S. W., be amended, and that a tract of land designated as Official Tax No. 1271013, be rezoned from RM-1, Residential Multi- Family, Low Density District, to C-2, General Commercial District. 2/8/93 city P~anning Commission City Manager Request of Guy B. Men'itt, D.D.S., that property located at 2001 Memorial Avenue, S. W., be rezoned from RM-1, Residential Multi-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. 3 Pending Items from July 10, 1978 through March 22, 1993 Referral Date Referred To Item 2/~/93 City Manager Request to provide a report with regard to the City rendering assistance to Roanoke City residents who have lost their jobs, or are about to lose their jobs. 3/8/93 City Planning Commission Request of H & C Partnership and RV Properties that a tract of land lying on the south side of Salem Turnpike, N. W., and designated as Official Tax Nos. 2640351 and 2640316, and a portion of Official Tax No. 2640311, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions. 3/8/93 City Attorney Request of Mr. and Mrs. James L. Cross that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, N. W., be permanently vacated, discontinued and closed. 4 Pending Items from July 10, 1978 through March 22, 1993 Referral Date Referred To Item 3/8/93 3/22/93 3/22/93 3/22/93 Legislative Affairs Committee City Manager City Manager City Clerk City Manager Concerns expressed by Council with regard to more stringent State law regarding bingo regulations. Request of Virginia Amateur Sports, Inc., for waiver of concession rights to allow Domino's Pizza to sell food and beverages during sports activities of the Commonwealth Games of Virginia to be held at the River's Edge Sports Complex and Victory Stadium. Matter of certain enhancements to the Council Chamber. Complaint of Helen E. Davis that Patton Avenue, N. W., was closed to traffic on Saturday, March 20, 1993, without explanation to residents of the area. 5 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #79-353 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Edmond A. Damus requesting an increase in the total combined annual income of any elderly or disabled property owner claiming real property tax exempt status from $22,000.00 to $30,000.00, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. On motion, duly seconded and adopted, the communication was received and filed and referred to 1993-94 budget study for consideration by Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. Edmond A. Damus, 1920 Deyerle Road, S. W., Roanoke, Virginia 24018 Mr. James D. Grisso, Acting Director of Finance The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. Barry L. Key, Manager, Office of Management and Budget P. O. Box 4716 ROANOKE, VIRGINIA 24015 BEIRUT, LEBANON DAMASCUS ROANOKE, VIRGINIA P. O. Box 7359 P.O. Box 4392 P.O. Box 4716 April l, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: Attached you will find a letter dated May 28, 1992 regarding information on the real estate tax freeze program. Although you were previously provided a copy of this material, I see that this item is going to be presented by Mr. Edmond A. Damus at the April 5, 1993 Council meeting and wanted you to be familiar with the attached information. Sincerely, W. Robert Herbert City Manager WRH/dh Attachment Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James Grisso, Acting Director of Finance Mr. Jerome Howard, Commissioner of Revenue ~/Ms. Mary F. Parker, City Clerk Mr. Barry L. Key, Manager, Office of Management and Budget 215 Church Avenue, S.W.P.~anoke, Virginia 24011 Office of the City Manager May 28, 1992 The Honorable Noel Taylor, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor and Members of Council: Re: Information on the Real Estate "Tax Freeze" Program City Council requested information on the Real Estate "Tax Freeze" program at its meeting on May 11, 1992. This program is administered by the Commissioner of Revenue. Sections 58.1-3210 through 58.1-3218 of the Code of Virginia provide that localities may adopt an ordinance allowing real property tax relief for elderly and handicapped persons. Most cities and counties have adopted some form of real property tax relief for the elderly. The Code of Virginia sets gross combined income and net worth limitations. The combined gross income from all sources, including the income of relatives living in the dwelling, may not exceed $30,000 during the previous calendar year. Localities may elect to exclude up to the first $6,500 of income of each relative, except the spouse, from this sum. In addition, localities may elect to exclude up to the first $7,500 of any income received by an owner who is permanently disabled, from the combined gross income limit. The net combined financial worth of the applicant and spouse, excluding the value of the dwelling and not more than one acre of land upon which the dwelling is located, may not exceed $75,000. Eligibility requirements established by City Council for the City of Roanoke's Tax Freeze program for the elderly and permanently disabled are as follows: 1. Property must be the principal residence. 2. Elderly homeowner applicants must be 65 years of age or older. Permanently disabled homeowner applicants may be less than 65 years old. Annual combined gross income of husband and wife and relatives living in the dwelling must not exceed $22,000. The first $4,000 of gross income of each relative living in the home other than the spouse of the applicant is excluded. Disability income received by permanently disabled applicants is excluded up to $7,500. The Honorable Noel Taylor, Mayor and Members of City Council May 28, 1992 Page Two Combined net worth of husband and wife and relatives living in the dwelling must not exceed $75,000. The value of the home and not more than one acre of land upon which the home is located is not included in determining the applicant's net worth. Permanently disabled applicants must obtain medical certification of their total and permanent disability. Eligibility is determined annually according to conditions on December 31 of each year. The filing deadline for applications is June 30. Comparison of the City's Proaram to the State Maximum Combined Gross Income Exclusion of Applicant's Relative's Income (excluding spouse) Exclusion of Applicant's Disability Compensation Combined Net Worth (Applicant and Spouse) $30,000 $22,000 6,5OO $ 4,000 7,500 $ 7,500 $75,000 $75,000 Median income per household for the City of Roanoke per the latest census estimate is $22,591. The current financial impact to the City of Roanoke of the Real Estate Tax Freeze for the Elderly and Permanently Disabled is as follows: Current Amount of Tax Relief No. of Eligible Participants Average Benefit $450,000/yr. 2,200 204/yr. The Honorable Noel Taylor, Mayor and Members of City Council May 28, 1992 Page Three Surroundinglocalitieshaveincomelimitationsequaltoorlessthanthoseofthe City of Roanoke. Combined Combined L~alitv Gross Income Net Worth Roanoke County $22,000 $75,000 Town of Vinton 22,000 75,000 City of Salem 18,000 65,000 Botetourt County 18,000 50,000 Bedford County 7,500 20,000 Franklin County 15,000 25,000 Roanoke City 22,000 75,000 The City of Roanoke has financial limitations for its Tax Freeze program that are at least as favorable as what the surrounding localities have established. An estimate of the cost of tax relief based on increasing the income limitation by $1,000 is as follows: For an increase in the income limitation from $22,000 to $23,000, al)proximately 100 more citizens would become eligible at an average benefit of $204 each, equalling $20,400 in reduced real estate tax revenues, Based on the attachment entitled, "1991 Tax Rates in Viroinia's Cities. Counties & Selected Towns", the localities with financial limitations greater than the City of Roanoke are those in Northern Virginia. The Honorable Noel Taylor, Mayor and Members of City Council May 28, 1992 Page Four While the current tax relief ;~rogram for the City is not at the State allowed maximum levels, the combined gross income limitation of $22,000 is roughly equivalent to the median income per household of $22,591. Respectfully submitted, W. Robert Herbert City Manager Attachment CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance v,~rrl Jerome Howard, Commissioner of Revenue Barry L. Key, Office of Management and Budget Ms. Mary Parker, City Clerk NationsBank P. O. Box 14111 Roanoke, VA 24038-4111 TelT03 265-3000 NafionsBank RECEIVED CITY C~~ · '93 liAR-2 A10:55 March 1, 1993 Roanoke City Council 215 Church Avenue, Room ~56 Roanoke, Virginia 2~011 Gentlemen: On behalf of NationsBank I'm requesting five minutes on your agenda for the April 5th meeting to report NationsBank's 1992 activity through the Con.unity Investment HMDA Lending results as well as the status toward our ten billion dollar commitment goal. Lewis M. Nelson, Jr. / CC: Jo Penley Doug Waters Russ Wadia NationsBank Report to Communities Remarks by Lewis Nelson, Jr., Consumer Bank District Manager GOOD AFTERNOON. I AM LEWIS NELSON, SENIOR VICE PRESIDENT AND DISTRICT MANAGER OF THE CONSUMER BANK FOR NATIONSBANK. I HAVE LIVED IN ROANOKE FOR THREE DECADES PLUS. LIKE YOU, I HAVE A VITAL INTEREST IN WHAT CAN AND IS BEING DONE TO IMPROVE OUR COMMUNITY. I APPRECIATE THIS OPPORTUNITY TO UPDATE YOU ON THE NATIONSBANK COMMUNITY INVESTMENT PROGRAM. WHEN WE BECAME NATIONSBANK, HUGH MCCOLL COMMITTED NATIONSBANK TO MAKING A MINIMUM OF $10 BILLION IN COMMUNITY DEVELOPMENT LOANS OVER TEN YEARS. WE ALSO SAID WE WOULD GIVE YOU PROGRESS REPORTS, AND THAT'S MY PURPOSE TODAY. YOU HAVE A PACKAGE WITH A SIGNIFICANT AMOUNT OF DETAIL CONCERNING OUR NEIGHBORHOOD INVESTMENT. OUR $10 BILLION CAMPAIGN, OUR 1992 HOME MORTGAGE LENDING RESULTS AND THE OTHER INITIATIVES WE HAVE UNDER WAY. I'1.1. JUST HIT THE HIGHLIGHTS. IN 1992, THE FIRST FULL YEAR OF THE $10 BILLION EFFORT, WE MADE $2 BILLION IN COMMUNITY DEVELOPMENT LOANS. OF THAT TOTAL, VIRGINIA MADE $260,491,000 AND ROANOKE MADE $8,847,000. A DETAILED BREAKOUT OF LOAN AMOUNTS, BY CATEGORY, IS IN YOUR PACKETS. THOSE PACKETS ALSO CONTAIN FULL 1992 RESULTS ON HOME MORTGAGE LENDING BY RACE. TO SAVE TIME, I WON'T GO INTO DETAIL, BUT I CAN TELL YOU THAT IN ROANOKE, OUR LOAN ORIGINATIONS ($) TO ALL MINORITIES ARE UP BY 34% COMPARED TO 1990. IF YOU'RE WONDERING HOW MUCH OF OUR $10 BILLION PLEDGE IS EARMARKED FOR ROANOKE, THE ANSWER IS ~ NONE. WE'RE LENDING WHERE THE DEMAND IS GREATEST, SO OUR RESULTS IN ROANOKE DEPEND ON THE OPPORTUNITIES WE FIND HERE. TO FIND THOSE OPPORTUNITIES, WE ANALYZE OUR LENDING PERFORMANCE...BY CENSUS TRACT...TO IDENTIFY NEIGHBORHOODS THAT NEED MORE OF OUR ATI'ENTION. WE ALSO RUN ADS AND PUT QUESTIONNAIRES IN OUR BANKING CENTERS...AND WE SURVEY COMMUNITY I.EADERS. P~IJ. THOSE EFFORTS WENT INTO THE PLANS AND PROGRAMS THAT ARE NOW UNDER WAY. 2 AS YOU CLEARLY TOLD US, THE BIGGEST NEED IN OUR COMMUNITY IS EDUCATION, SO WE CONDUCT SEMINARS IN EVERY MARKET WE SERVE. DURING 1992, NATIONSBANK HERE IN ROANOKE CONDUCTED 4 COMMUNITY HOME BUYERS CLASSES IN WHICH 376 PEOPLE GRADUATED. WE NOW ARE WORKING WITH TAP HOUSING CORPORATION, THE CONSUMER CREDIT COUNSELING SERVICE AND OTHER BANKS TO CONDUCT HOME BUYER EDUCATION PROGRAMS MONTHLY. IN MAY, WE WII 1. CONDUCT A COMMUNITY EDUCATION AND LOAN DAY AT HIGH STREET BAPTIST CHURCH. THIS EVENT IS AN OPPORTUNITY FOR CONSUMERS TO COME IN AND TAI.K WITH US TO LEARN WHAT KINDS OF SERVICES WE OFFER: HOW TO OPEN A CHECKING ACCOUNT, HOW TO APPLY FOR A LOAN, HOW TO UNDERSTAND A CREDIT REPORT AND ACTUAl ~I.Y DO THESE THINGS THERE ON-SITE. THIS YEAR WE WILL ALSO OFFER PROGRAMS IN BANKING BASICS FOR INDIVIDUALS. AND, BY THE END OF THE YEAR, WE WILL BE INTRODUCING A PROGRAM OF TECHNICAL ASSISTANCE TO SMALL- BUSINESS MANAGERS. 3 WE ARE PLEASED WITH OUR RESULTS FROM OUR PUBLIC-PRIVATE PARTNERSHIPS. BY TEAMING WITH PUBLIC AGENCIES, WE CAN CREATE OPPORTUNITIES THAT NEITHER OF US COULD MANAGE ALONE. CORPORATE-WIDE, WE NOW HAVE MORE THAN 200 PARTNERSHIPS AND ARE DEVELOPING 100 MORE. HERE IN ROANOKE, OUR PARTNERSHIP WITH TAP HOUSING CORPORATION HAS PROVIDED FUNDING TO REHABILITATE FIVE HOUSES IN THEIR ROANOKE AT-HOME DEVELOPMENT. ANOTHER GOOD EXAMPLE IS OUR PARTNERSHIP WITH THE GAINSBORO NEIGHBORHOOD DEVELOPMENT CORPORATION WHERE WE ARE FINANCING THE CONSTRUCTION OF THREE TOWNHOUSES THAT WILL HOUSE TEN FAMILIES. YOU CAN SEE WE ARE DOING A LOT, BUT WE WANT TO DO EVEN MORE. AND WE NEED YOUR HELP. PLEASE CALL ME OR MY COLLEAGUES WITH YOUR IDEAS AT ANY TIME. WE WILL BE BACK WITH ANOTHER REPORT NEXT YEAR. I HOPE THIS INFORMATION HELPS YOU UNDERSTAND THAT OUR EFFORTS ARE SINCERE...WE ARE SERIOUS ABOUT MAKING OUR PROGRAMS WORK. 4 WE BELIEVE THAT INVESTING IN OUR COMMUNITIES IS GOOD BUSINESS - AND IT'S THE RIGHT THING TO DO. WE WELCOME YOUR HELP IN MAKING SURE WE'RE DOING IF WELL. 5 MARY F. PARKE~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #137 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of a communication from Benjamin O. Taylor, President, National Association for a Balanced Federal System, requesting adoption of a measure in support of the Article V Proposal of the Council of State Governments to restore the ability of the State to initiate amendments without fear of a "runaway" convention, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. On motion, duly seconded and adopted, the matter was referred to you for report to Council clarifying provisions of the Article V Preposal. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Benjamin O. Tayloe, President, National Association for a Balanced Federal System, P. O. Box 37, Montress, Virginia 22520 Mr. W. Robert Herbert, City Manager Mr. James D. Grisso, Acting Director of Finance NATIONAL ASSOCIATION FOR A BALANCED FEDERAL SYSTEM P. O. BOX 37 · MONTROSS, VIRGINIA 22520 · (804) 493-8661 William P~ Crews, Jr., Treasu~x Momross Carl F. Fleanmer, III Oak Grove Harold Grossmann Montross Eugene K Herffin~ Jr. Warsaw George Masor~ III CoIonial Beach Rober~ M. Norris, Jr. Hague C. Mottrom 5anford Hague February 4, 1993 RE: The Article V Proposal of the Council of State Governments to restore the states' ability to initiate amendments without fear of a "runaway" convention. The Honorable David A. Bowers Mayor, City of Roanoke 215 Church Ave., S.W. Roanoke, Virginia 24011-1594 RECEIVED Dear Mayor Bowers, We are writing to you because we hope the City of Roanoke will join many other cities and counties in Virginia in supporting the Article V Proposal referred to above. Its purpose is to restore to the American people the ability, envisioned by the Framers, to initiate amendments through their state lesislatures without fear of a "runaway" convention and without having to wait on the pleasure of Congress. As stated in the enclosed editorial, this proposal does not substitute for the convention method now provided in the Constitution but will simply provide an alternative method for the states to choose. Also enclosed for your attention are: 1. A copy of Virginia's supporting resolution. Colorado and South Dakota have adopted similar resolutions. 2. A list of supporting state-wide associations including the Virginia Municipal League. 3. A list of cities and counties who have thus far adopted supporting resolutions. A copy of the supporting resolution adopted by the City of Martinsville which might serve as a draft if the City of Roanoke decides to also support it. We are seeking resolutions from many cities and counties in Virginia because we will soon ask our Congressional delegation to introduce an amendment in Congress to implement CSG's Article V Proposal. It is important to demonstrate to our representatives in Congress that there is widespread support across the state for this proposal. We will greatly appreciate your presenting this to your City Council for their approval. If we can provide you with additional information or answer any questions, by all means let us know. Very truly yours, Benjamin O. Tayloe Enclosures BOT :ms - 2 - JOHN STEWART BRYAN Ill--Chairman attd Publisher JOSEPH M. PORTER--President and General Manager ALF GOODYKOONTZ~enior Vice President and Executive Editor ALBERT T. AUGUST Ill--Vice President and Business Manager EDWARD GRIMSLEY MARVIN E. GARRET~E Editor of the Editorial Page Managing Editor ROGER H. CLAPP--~ice President and ,,Idvertising Director ALLEN WALTON--Circulation Director HAROLD WAiNWRIGItT--Production Director O. SCOTt LEATH--ControIler FRANK A, McDONALD JR.--Personnel DirectOr Wednesday, July 17, 1991 Amending the Constitution It is often said that the authors of the U.S. Constitution intended to complicate the amend- ment process to discourage frequent, and possi- bly lrivolous, changes in a decument that should serve as a reasonably constant governmental guide for the nation. They succeeded only partly. They did make it extremely difficult for the people to amend the Constitution; but by empow- ering the U.S. Supreme Court to be the final interpreter of that document, they subjected it to amendment by judicial whim. Over the years, the,court, without a word of consent from the citizens, has altered the meaning of some:consti- tutional provisions more than once. Now, however, there is a quiet movement to strengthen the citizen's role in the amendment process; and Virginia is in the vanguard. Leading the movement is the National Association for a Balanced Federal System, which is based in the Westmoreland County town of Montross. Under the existing process, there are two ways to initiate constitutional amendments: Congress can do so by a vote of two-thirds of both houses; or at the request of the legislatures of two4hirds of the states, Congress must call a constitutional convention to propose changes. All amendments must be ratified by three- fourths of the states to become effective. Through the years, Congress has exercised its amending powers hy sending proposals to the states. But never has there been a national eon- stitutional convention to consider proposals from the states. Fear that a national convention would go beyond the purpose for which it was called and drastically revise, if not rewrite, the Constitution has prevented convention advo- cates from getting the support of a sufficient number Of states. Whether a convention could be restricted to a specific topic is debatable, but through the years many states obviously have been unwilling to take a chance. Under the plan advocated by the Montross organization, and endorsed by the Virginia Gen- eral Assembly last year, the Constitution would be changed to allow the states to initiate amend- ments without having to filter them through a convention that might become a runaway body. If three-fourths of the states agreed on a pro- posed amendment, it would become effective two years after they had certified it to the House of Representatives unless Congress rejected it by a two-thirds vote. A positive congressional vote in favor of the amendment would not be necessary. This plan, it is important to stress, would not nullify either of the two existing amending pro- cedures. It would simply authorize a third ap- proach that would seem to offer the states a "safer" way to exercise the right, which the framers intended to give them, to help shape the Constitution. The plan has the support of the Council of State Governments, and two other states -- Colorado and South Dakota -- have approved the concept. No doubt many valid questions can be raised about this proposal, but it is an attractive plan that deserves far more attentiim and consider- ation than it has received so far. The National Association for a Balanced Federal System is performing a valuable public service by trying, under the leadership of President Benjamin O. Tayloe, to stimulate a national debate about it. GENERAL ASSEMBLY OF VIRGINIA--1990 SESSION HOUSE JOINT RESOLUTION NO. 140 Memorializing the Congress o/ the United States to propose an amendment to Article V o! the United States Constitution that will enable three-fourths o/ the states to amend the Constitution sublbct to congressional veto. Agreed to by the House of Delegates, February 9, 1990 Agreed to by the Senate, March 7, 1990 WHEREAS. all 33 amendments proposed to tile United States Constitution since 1788 have been initiated by Congress; and WHEREAS, more than 400 petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and WHEREAS, there should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a constitutional convention has proved to be unworkable; and the envisioned and desirable equipoise between national and state powers requires a means for the several states to he able to propose amendments to the Constitution; and WHEREAS, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of The Council of State Governments, an amendment to Article V of the United States Constitution to establish a thougMful balancing of national and state interests in the constitutional amendment process; and WHEREAS, the gist of the Task Force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and WHEREAS, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress; now, therefore, be it RESOLVED by the House of Delegates, toe Senate of Virginia concurring, That the General Assembly of Virginia request the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which in essence provides that: Whenever three-fourths of the Legislatures of the several states deem it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by Uae Clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as pan of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period. and, be it RESOLVED FURTHER, That the General Assembly request the legislatures of the several states to apply to Congress for the proposal of this amendment to the Constitution of the United States; and, be it RESOLVED FINALLY, That copies of this resolution be sent by the Clerk of the House of Delegates to the President of the Senate and the Speaker ot the House of Represeatatives of the United States, to each of the senators and representatives from Virginia, and to the legislatures of each o! the several states, attesting to the adoption of this resolution. H.J.R. 140 Memorializing the Congress of the United States to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to congressional veto. LD1090532 Patrons--Murphy, Morgan, Philpott and Forehand; Senator: Chichester Jan 23, 90 Feb 7, 90 Feb 9, 90 Feb 12, 90 Mar 5, 90 Mar 6, 90 Mar 7, 90 H Presented & ordered printed H Referred to Committee on Privi.leges and Elections H Reported from P.E. 19-Y 1-N H Committee roll call vote inquiry name = .vo HJ140 H Engrossed by House H Agreed to by House by voice vote H Communicated to Senate S Reading waived 40-Y 0-N S Referred to Committee on Rules S Reported from Rul. 14-Y 0-N S Reading waived 36-Y 0-N S Read third time S Agreed to by Senate by voice vote NKI'IONAL ASSOCIATION FOR A BALANCED FEDERAL SYSTF. M P. O. BOX 37 · MONTROSS, VIRGINIA 22520 · (804) 493-8861 ARTICLE V PROPOSAL OF TIlE COUNCIL OF STATE GOVERNM]~NTS WUENEVER TUREE-FOURTNS OF TIIE LEGISLATURES OF THE SEVERAL STATES DEEM IT NECESSARY, TIIEY SNALL PROPOSE AMENDMENTS TO TtIIS CONSTITUTION TNAT, AFTER TWO YEARS, SIIAI,L BE VALID TO ALL INTENTS AND PURPOSES AS PART OF TNIS CONSTITUTION, lFNLESS DISAPPROVED BY TWO-TtlIRDS OF BOTtt ttOUSES OF CONGRESS WITUIN TWO YEARS OF THE DATE TttE AMENDMENTS ARE SUBMITTED TO TtIE CONGRESS. VIR¢IINIA, COLORADO AND SOLr£H DAKOTA HAVE ADOPTED RESOLUTIONS SUPPORTING THE ARTICLE V PROPOSAL. TIIE VIRGINIA RESOLUTION HAS BEEN ENDORSED BY: AMERICAN LEGION - DEPARTMENT OF VIRGINIA llOI'~ BUILDERS ASSOCIATION OF VIRGINIA VETEILANS OF FOREIGN WARS VIRGINIA ASSOCIATION OF COMMUNITY BANKS VIRGINIA ASSOCIATION OF COUNTIES VIRGINIA AUTO DEALERS ASSOCIATION VIRGINIA BANKERS ASSOCIATION VIRGINIA BAR ASSOCIATION VIRGINIA CIIAMBER OF COiV~RCE VIRGINIA COUNCIL OF CHAPTERS, THE RETIRED OFFICERS ASSOCIATION VIRGINIA DENTAL ASSOCIATION VIRGINIA EQUIPMENT DEALERS ASSOCIATION VIRGINIA FARM BUREAU FEDERATION VIRGINIA FUNERAL DIRECTORS ASSOCIATION, INC. VIRGINIA LUMBER MANUFACTURERS ASSOCIATION VIRGINIA MUNICIPAL LEAGUE VIRGINIA NURSERYMEN'S ASSOCIATION, INC. VIRGINIA RETAIL MERCHANTS ASSOCIATION VIRGINIA SOCIETY OF CPA'S VIRDINIA SOFT DRINK ASSOCIATION, INC. VIRGINIA TRUCKING ASSOCIATION NATIONAL ASSOCIATION FOR A BALANCED FEDERAL SYSTEM P. O. BOX 37 · MONTRO$$, VIRGINIA 22520 * (804) 493-8661 THE ARTICLE V PROPOSAl List of Supportinq Counties, Cities and Towns February 1, 1993 COUNTIES ALBEMARLE CAROLINE CULPEPER ESSEX FAUQUIER GLOUCESTER GOOCHLAND HANOVER HENRY KING & QUEEN KING GEORGE KING WILLIAM LANCASTER LOUISA MIDDLESEX NORTHUMBERLAND ORANGE POWHATAN PRINCE GEORGE RICHMOND STAFFORD WESTMORELAND CITIES AND TOWNS ASHLAND BLACKSBURG BLACKSTONE BLUEFIELD BOWLING GREEN CHRISTIANSBURG COLONIAL BEACH COLONIAL HEIGHTS CULPEPER DANVILLE FALLS CHURCH FREDERICKSBURG HOPEWELL LEXINGTON LOUISA LYNCHBURG MANASSAS MARTINSVILLE MONTROSS SUFFOLK TAPPAHANNOCK WAYNESBORO WARSAW WINCHESTER CITY OF MARTINSVILLE DAVID B WORTHY City Attorney LANCE G HEATER Clerk of Council EARL B REYNOLDS, ,JR RESOLUTION WHEREAS, more than 400 petitions from the several states requesting a Constitutional Convention tc propose amendments have been filed with Congress but have never resulted in the calling of a Conven- tlou or adoption of an amendment: and WHEREAS, there should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a Constitutional Convention has proved to be unworkable; and WHEREAS, an Intergovernmental Partnership Task Force has proposed in ~ts 1989 report to the Intergovernmental Affairs Committee of the Council of State Governments, an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and WHEREAS, ~he gist of the Task Force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a t%:o- thirds vote of both Houses within two years of the states' submis- sion of the amendments; and WHEREAS, the General Assembly of Virginia, on March ?, 1990, adop- ted House Joint Resolution 140 supporting Article V Proposal of the Council of State Governments; now, therefore, BE iT ~SO .... that thc C~y Council of the City of Martinsville, Virginia, in regular session assembled September 8, 1992, hereby gives its support to the Article V Proposal of the Council of State Governments and to House Joint Resolution 140 as adopted by the General Assembly of Virginia. Att~,t: u~nce O. Heate~, Clerk of Council September 8, 1992 Date Adopted 55 WEST CFiI. IRC:H..TO p,~r~T~..,_, P. O. DRAWER 1112 PHONE: 1703) 638-397~ MARTINSVILL F VIRGINIA 24114 F&×: (703) 638-3158 David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 February 11, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: If any of you are interested in pursuing the issues addressed in the attached correspondence dated February 4, 1993 from the National Association For A Balanced Federal System, please let me know at your earliest convenience. Best personal regards. DAB: sm Enc. Sincerely, David A. Bowers Mayor MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #110-314-335 Ms. Rita J. Glinieeki, Chairperson Mental Health Services of the Roanoke Valley Board of Directors 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4026 Dear Ms. GHniecki: I am enclosing copy of Resolution No. 31401-040593 ratifying amendments to the By- Laws of Mental Health Services of the Roanoke Valley to change the name from Mental Health Services of the Roanoke Valley to Blue Ridge Community Services and to reflect current standards set by the State Department of Mental Health, Mental Retardation and Substance Abuse Services, as more particularly set forth in verbatim in an attachment to the report of the City Manager under date of April 5, 1993. Resolution No. 31401-040593 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. Sincerely, ~6~.~c-__ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc.' Dr. Fred P. Roessel, Jr., Executive Director, Mental Health Services of the Roanoke Valley, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026 Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Ms. Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1993. No. 31401-040593. A RESOLUTION ratifying amendments to the By-Laws of Mental Health Services of the Roanoke Valley to change the name from Mental Health Services of the Roanoke Valley to Blue Ridge Community Services and to reflect the current standards set by the State Department of Mental Health, Mental Retardation and Substance Abuse Services. WHEREAS, the Board of Directors of Mental Health Services of the Roanoke Valley has requested that Council ratify certain amendments to its By-Laws, including changing the name to Blue Ridge Community Services, changing responsibility of monitoring and evaluation of programs from the Executive Committee to the Board, changing the Nominating Committee to an Ad Hoc Committee, and ensuring that financial records are audited annually, and submitted to the proper political jurisdiction, such amendments being set out verbatim in the attachment to the report to Council dated April 5, 1993; and WHEREAS, the City of Roanoke is a participating political subdivision in Mental Health Services of the Roanoke Valley, and this Council desires to grant the requested ratification. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby ratifies the amendments to the By- Laws of Mental Health Services of the Roanoke Valley set out verbatim in the attachment to the Council report dated April 5, 1993. ATTEST: City Clerk. {:IT'" -r IOE Roanoke, Virginia April 5, 1993 The Honorable Mayor and City Council Roanoke, Virginia SUBJECT: CHANGES IN BY-LAWS FOR MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY BACKGROUND A. By-Laws of Mental Health Services of Roanoke Valley have been revised by the Board of Directors for that agency at their meeting on 02-04-93. Revised By-Laws reflect the current standards set by the State Department of Mental Health, Mental Retardation and Substance Abuse Services (see attachment A). Revised By-Laws also chanqe the name of Mental Health Services of Roanoke Valley to Blue Ridqe Community Services. II. CURRENT SITUATION Chanqe in By-Laws is subject to approval of the particiDatinq qoverninq bodies, as required by regulations promulgated under Title 37.1, Chapter the Code of Virginia. 10 of Mental Health Services of Roanoke Valley Board is requesting the City Council to ratify the following changes to their By-Laws: 1. Change name to Blue Ridqe Community Services. Change responsibility of monitoring and evaluation of programs from the Executive Committee to the Board. 3. Change the Nominating Committee from a Standinq Committee to an AD HOC Committee. 4. Ensurinq that financial records are audited annually and submitted to proper political jurisdictions. III. ISSUES A. Compliance IV. ALTERNATIVES City Council ratify the chanqes in By-Laws of Mental Health Services of Roanoke Valley and change the name to Blue Ridqe Community Services. Compliance - changes in the By-Laws will reflect the agency's services to a variety of disabled populations. City Council not ratify the By-Laws of Mental Health Services of Roanoke Valley. Compliance - By-Laws will not reflect the agency's services to a variety of disabled populations. RECOMMENDATION City Council ratify the changes recommended by the Board of Directors of Mental Health Services of Roanoke Valley as required by regulations promulgated under Title 37.1, Chapter 10, of the Code of Virginia. WRH/CBG:gr Respectfully submitted, W. Robert Herbert City Manager cc: Wilburn Dibling, Jr., City Attorney James Grisso, Acting Director of Finance Corinne B. Gott, Acting Director of Human Development Rita J. Gliniecki, Chairman, MHSRV Board of Directors ATTACHMENT A BY-LAWS for BLU__._~E RID___.qG~ ~MMUNiTY SERVICES ARTICLE I The name shall be M~N~ ~AB~ aeaNs~a VA~S¥ ~LUE RIDG__~ECOMMUN~T~ ~ERVICES. ARTICLE II PURPOSE Section 1. To provide a system of comprehensive Community mental health, mental retardation and substance abuse services under local control. planned programs.Secti°n 2. To relate and integrate existing and Section 3. To assure quality service and continuity of care in the areas of prevention, case finding, consultation, diagnosis, treatment, care, training, prescreening, case management, and rehabilitation by the establishment of new programs under direct administration of the Me~ Se~ees B~a~ Blue ~ Communit~ Services where current programs are non-existent or ~nadequate~ '~ ~-~ entering into affiliatory agreements with agencies already providing services for the enhancement of those services, or for the creation of such services. Section 4. To provide continuing education to the public, ongoing research, training of personnel and evaluation of ongoing programs. ARTICLE III MEMBERSHIP Membership shall number sixteen, with three members each from the Cities of Roanoke and Salem and the Counties of Botetourt and Roanoke, and one member from the County of Craig. Three members at large are to be recommended by the Board and must be approved by the five jurisdictions. This Board shall represent the Cities of Roanoke and Salem and the Counties of Botetourt, Craig, and Roanoke who shall appoint Board members and shall notify the Board of appointees. The term of office shall be for three years from the first day of-'3~anuary of the year of appointment. Terms of office will be staggered to provide that no more than six terms expire in a given year. Any adjustment to the expiration date or current terms will be accomplished by attrition through expiring terms or other vacancies. Vacancies shall be fi'led for the unexpired term. No person shall be eligible to serve more than two successive three year terms, provided that persons heretofore and hereafter appointed to fill vacancies may serve two additional successive terms. Any member of the Board may be 1 removed by the appointing authority for cause, after being given a written Statement of the causes and an opportunity to be heard thereon. ARTICLE IV POWERS AND DUTIES the Mental Services program. Section 2. To be the sole recipient tax funds to be matched by State and/or Federal funds mental health, mental retardation and substance abuse programs and to have authority for the expenditure of local tax funds allocated to it. Section 1. To serve as Board of Directors for Health, Mental Retardation and Substance Abuse of local for the services all said Section 3. To review and evaluate e~mm~ meaee~ hea~h? meaea~ ~e~a~ae~ea a~ s~e~aaee e~se ee~ees e~mm~,~e~ programs ~ ~ or through contractual agreements to ~ure the aoequacy or ser'--vice~ c6nformance to acce~ed ~ta~ardsz ~n~-'~ake certain that community needs ~ fo___~r mental health~ mentai re-~dation aqd substance abuse services Section 4. To submit to the governing body or bodies of each political subdivision, of which it is an agency, a program of community mental health, mental retardation and substance abuse services and facilities. Section 5. Within amounts appropriated thereon, to execute such program and maintain such services as may be a--~thorized under such appropriations. Section 6. To enter into contracts rendition or operation of service-~ or facilities. for Section 7. ?_9o make rules or regulations concerning the rendition or operation of services and facilities under its direction or supervision, subject to 'applicable standards or regulations of the Department o__f. Mental Health~ Mental Retardation~ and Substanc~ Abuse Services. Section 8. To appoint an executive director of Me~%e~ Hea~eh Se~m~ees BI~ Ridge_ ~gmmunity ServicQg whose qualifications meet the '-~-~ndards fixed by the ~ of Mental Health~ Mental Retardation~ and Substanc_~e ~bus___~e Services and prescribe hls duties. The compe~sa--~ of such executive director shall be fixed by the Board and within the amounts made available by appropriation therefor. This executive director will be responsible directly to the Me~a½ ~ea~½ Se~ees Slue ~ ~ Services Board for all aspects of programs d~rectly and indi~ectl~ 6nder the purview of the Se~eee Blu_._~e Rid~9 Communit~ Services Board. 2 Section 9. T6 prescribe a reasonable schedule of fees for services provided--~y personnel or facilities under the jurisdiction or Supervision of the Board and for the manner of collection of same; provided, however, that all collected fees shall be deposited in a special account designated by the political subdivision serving as fiscal agent as specified by agreement of the participating governments; provided, further, that such collected fees shall be used only for community mental health, mental retardation and substance abuse purposes. Section 10. To accept or refuse gifts, donations, bequests or grants o~-money or property from any source and utilize the same as authorized by the political subdivisions~ of which it is an agency. Section State and Federal grants to maintain jurisdiction. 11. T__o seek and accept funds through and maintain a line of credit sufficient the day-to-day operations of the programs under its Section 12. To maintain and promote awareness among the membership of a Board O-~ientation Manual. of Blue ~ Section 13. To ensure that the financial records __ Comm~ S~rv~e~ are aud-~e~ annuall--~a the audit , · . - _.___ and that __ or s re ort is subml · ~ . ~ tted to the olltica ' . of which it ' an ~a~-~,~ --~ ~ _..__ _ P 1 ~ur~sd~ct~ons, -- ~ -- ~ ~ 99u ~__o ~ne ~partment of Mental Health, Menta_____~l Betardation{ and Substance Abuse Services. ARTICLE V OFFICERS Section 1. Officers of this Board shall be Chairman, Vice-Chairman, Secretary and Treasurer. Section 2. The duties of the Chairman To preside at all meetings the Executive Committee. shall be: of the Board and To appoint all committees deemed necessary for the operation of the Board as authorized by the Board. c. To work closely with the Executive Director and staff. d. To perform any other duties determined by the Board. To keep the Commissioner of Mental Health e~8~ Mental Retardation,and Substance ~buse Services appropriately--i~ormed of the a-~-ivl~'~es of the Board. Section 3. The Vice-Chairman shall, in the abSence of the Chairman, perform the duties of the Chairman and any other duties assigned by the Board. Section 4. The Secretary shall keep accurate records of all meetings of the Board and the Executive Committee. The Secretary shall send all notices of Board and Executive Committee meetings and shall perform such other duties as requested by the Chairman. The Secretary may delegate certain duties and responsibilities to the paid staff of the Board through the Executive Director. Section 5. The duties of the Treasurer shall include serving as Chairman of the Budget and Finance Committee. ARTICLE VI NOMINATIONS, ELECTION AND TE~4S OF OFFICE Seqtion 1. A Nominati__~_~ Committee will be appointed in time to ~ke recommendations to the Board with re_~ard to a slate of prospective Board officers at least thirty days prior to the end of each calendar e~. Section ~ 2._~. The Board shall elect its officers at the last meeting preceding the new calendar year. Section ~ 3. The term of office shall begin on January 1 and shall be for ~ne year. No officer may serve more than two consecutive terms in the same office. A majority of those present and voting shall constitute an election. Section ~ 4. Any vacancy occurring in the officers shall be filled by the Board. ARTICLE VII MEETINGS Section 1. Regular meetings ~hall be held at a time to be determined by the Board. Section 2. Special meetings may be called by the Chairman or upon written request of three members. Section 3. The quorum for all Board meetings shall be six members, including the Chairman or Vice-Chairman. Section 4. The Executive Committee shall meet at the discretion of the Chairman. Section 5. The quorum for all Executive Committee meetings shall be a majority of the Committee. ARTICLE VIII EXECUTIVE COi.IMITTEE Section 1. The elected officers of the Board shall constitute the Executive Committee of which the Chairman and Secretary shall be, respectively, Chairman and Secretary. Representation of each jurisdiction Shall be assured by the appointment of a member to the Executive Committee when no elected officer represents such jurisdiction. Section 2. It Shall be the duty of this Committee to conduct the necessary business between meetings of the Board. All actions taken are subject to ratification at the next regular meeting of the Board. me~? Section 4 3. It shall be the duty of this committee to conduct an annual evaluation of the Executive Director for presentation to the full Board and to act for the Board in contract negotiations with the Executive Director. ARTICLE IX STANDING COMMITTEES The Chairman of the Board and the Executive Director will be ex-officio members of all committees to which they are not specifically appointed. There shall be the following standing committees, whose function shall be advisory to the Board: Section 1. Budget and Finance. This Committee shall review the budgets, financial affairs and policies, and audit reports of the agency and its subcontractors and make recommendations to the. full Board. In addition, it shall aid in the presentation of budgets at various levels of governments. Section 2. Community Relations. This Committee shall implement a program of information for the various agencies and governments and the public in conjunction with the Executive Director. Section 3. Mental Retardation Committee. This Committee will review community mental retardation programs and make recommendations to the Board for the enhancement of mental retardation services. In addition, this Committee will ~ ~s e~ns~e~ae~ participate in th_~e Board's plannin9 process fo___~r ~h__e Menta~ Retardation r~ram-~rea. Section 4. Personnel Committee. The function of this committee is to review and make recommendations to the Board concerning personnel policies and guidelines. Section 5. Mental Health Committee. This Committee will review community mental health programs and make 5 recommendations to the Board for the enhancement of mental health service. In addition, this Committee will ~e~e~e~ ~e~§-~a~§e ee~s%~e~at~e~ participate in the Board's planning process for the Mental Heal__th_ program area. ~emm~t%ee w~ ~e a@~e~te~ ~a t~me t~ ma~e ~eeemme~e%~s ~ Section g 6. Substance Abuse Committee. This Committee will review community substance abuse programs and make recommendations to the Board for the enhancement of substance abuse service. In addition, this Committee will Bea~ ~e~ %~s ee,s~e~at~a- ~articipate i__n th__e Board's ~ ~rocess for the Substance Abuse program area. ARTICLE X INDEMNIFICATION Section 1. Me~te~ ~a~e~ Blue Ridge Community Services shall indemnify any person who was or is a party or ls threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action or suit by or in the right of Me~ta~ Hee~ Se~ees e~ the Rea~e~e We~e~ Blue Ridge Communit~ Services to procure a judgment in its favor) b~'reason of the fact that he is or was a director or officer of Me~ta~ Hea~th Seff~ees ~ the Rea~e~e Wa~e~, Blue Ridge Communit~ Services or is or was serving at the request of Me~ta~ Hea~th Seff~ees e~ the Rea~e~e Ya~e~ Blue Ridge Communit~ Services as a director or officer of a corpor-~-~on, partnership; joi~{ venture, trust or other enterprise, against judgments, fines, amounts paid in settlement, and expenses (including attorneys' fees) actually and reasonably incurred by him in connection with such action, suit or proceeding except only in relation to any claim, issue or matter as to which such person shall have been finally adjudged to be liable for his gross negligence or willful misconduct. Each such indemnity shall inure to the benefit of the heirs, executors and administrators of such person. Section 2. Any indemnity under subsection (1) above shall '(unless authorized by a court) be made by Mca{a{ Bea~th Se~ees e~ the Ree~e~e Va~ey Blue Ridge Communit~ Services only as authorized in the sp-~fi~--'case upon a determihation that the director or officer was not guilty of gross negligence or willful misconduct in the performance of his duty and, in case of a settlement, that such settlement was, or if still to be made is, consistent with such indemnity and the best interests of Blue ~id~e Community Services. Such determination shall be made (i) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion. If the determination is to be made by the Board of Directors, it may rely, as to all questions of law, on the advice of independent counsel. Section 3. Expenses incurred in defending an action suit or proceeding, whether civil, administrative or investigative, may be paid by Me~t~ ~ee~th Se~ee~ ~ the Re~a~e V~e~ Blu___~e ~idge Communit~ Services in advance of the final disposition of such action, suit or proceeding as authorized by vote of the persons provided in subsection (2) of this section, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by Me~ta~ Hea~th Se~ees ~ the R~an~e Ve~e~ Blue Ridge Communit~ Services as authorized in this section. Section 4. The right of indemnification pro- vided by this section shall not be exclusive of any other rights to which any director or officer may be entitled, including any right under policies of insurance that may be purchased and maintained by Me~ta~ Hee~h Se~ees ~ the R~e Ya~e~ Blue ~ Communit_~ Services or others, even as to claims, issues or matters in relation to which Me~a~ Hee~th Se~ee~ ~ the R~a~e~e ga~e~ Blue Rid__~_~ Communit~ Services would not have the power to indemni~y ~uch director or o~ficer under the provisions of this section. Section 5. Menta~ Hea~th Se~ees ~ the R~a~o~e ge~e~ Blue Ridge Communit~ Services may purchase and maintain at its sole expense ~nsurance against all liabilities or losses it may sustain in consequence of the indemnification provided for in this section, in such amounts and on such terms and conditions as the Board of Directors may deem reasonable. ARTICLE XI CONSUMER INVOLVEMENT It shall be the policy of this Board to encourage, and be receptive to, consumer involvement. Meetings of the Board shall be open to the public. Liaison with identified consumer groups will be maintained to facilitate optimum consumer involvement. Periodic reports (such as the Me~t~ Hea~h Se~ees e~ the Rea.e~e Va~e~ Blue Ridge Community Services Annual Report, Newsletter, and evaluation reports) will b-'~--~-~ava~'~able to the public, and copies distributed to appropriate consumer organizations. ARTICLE XII ORIENTATION OF NEW BOARD MEMBERS New members will receive a copy of all pertinent Board and Agency orientation materials (by-laws, Program Service Directory, etc.) as a means of familiarization of MeMta~ Hea~%a 7 Se~v~ee$ e~ the Rea~e~e Va~e~ Blue ~ C9~nit~ Services functioning. In addition, individual orientation will be routinely provided to assist and facilitate each new member's understanding of Board operation and program service delivery. ARTICLE XIII CONFLICT OF INTEREST Whenever a Board member or Committee member has cause to believe that a matter to be voted upon would involve him in a conflict of interest, he shall comply with the provisions of the Virginia Comprehensive Conflict of Interest Acts, Sections 2.1-599, et seq., 195~ Code of Virginia, as amended. ARTICLE XIV Robert's Rules of Order, revised, shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these By-laws. ARTICLE XV These By-laws shall be reviewed annually by the Board and may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted in writing two weeks prior to the meeting, subject to the approval of the participating governing bodies. Adopted at a regular meeting of the Board Date By a vote. Secretary 8 MARY F. PA~KI~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #2-79-111-140 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of Resolution No. 31402-040593 authorizing and directing you to institute and conduct a suit to coliect certain delinquent real estate taxes and assessments by public or private judicial sale. Resolution No. 31402-040593 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc.' The Honorable Gordon E. Peters, City T~easurer Mr. W. Robert Herbert, City Manager Mr. James D. Grisso, Acting Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1993. No. 31402-040593. A RESOLUTION directing that the City Attorney institute and conduct suit to collect delinquent real estate taxes and assessments by judicial sale. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney is authorized and directed to institute and conduct a suit to collect delinquent real estate taxes and assessments by public or private judicial sale with respect to the following described real estate Assessed Owner(s) Stonehenge North, Inc. (5070307) lying in the City of Legal Description Roanoke, Virginia: Property Address Lot 7, Dlv. property of Roy Carter of 3444 Clara Ave., S.W. Eva Roberson (1030310) Lot 10, Blk. 9, Exchange, Bldg. & Investment 1414 Fifth St., S.W. Eva Roberson (1030316) Lot 15, Blk. 9, Exchange, Bldg. & Investment 421 Woods Ave., S.W. Eva Roberson (1120309) Eva Roberson (1120310) Lot 8, Blk. 4, Lewis Lot 9, Blk. 4, Lewis Marshall Ave., $.W. 522 Marshall Ave., S.W. Eva Roberson (1120324) Lot 21, Blk. 4, Lewis 521 Day Ave., S.W. Phillip Pitts (1011204) Pt. Lot 4 & Pt. Lot 5, Blk. 10, Official Survey Campbell Ave., S.W. ATTEST: City Clerk. WILBURN C. DIBLINQ, JR. CITY A~ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: 70;~981.2940 WILLIAM X PARSONS STEVEN J. TALEVl KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS April 5, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Sale of real property for delinquent taxes Dear Mrs. Bowles and Gentlemen: There exists within the City certain real property on which taxes and assessments are delinquent, and despite vigorous collection efforts, the taxpayers have refused to pay the debts. Payment of all taxes and assessments on such property may be enforced through a judicial sale conducted by the City for the purpose of collecting the taxes thereon. Therefore, I am recommending that my Office be authorized to institute suit to collect delinquent real estate taxes and assessments by judicial sale with respect to the following properties: Assessed Legal Property Delinquent Owner(s) Description Address Taxes Stonehenge Lot 7, Div. North, Inc. property of (5070307) Roy Carter of 3444 Clara Ave., $ 11,225.59 S.W. (Owner occupied) Eva Roberson Lot 10, Blk. 9, (1030310) Exchange, Bldg. & Investment 1414 Fifth St., S.W. (Vacant house) $ 1,460.15 Eva Roberson Lot 15, Blk. 9, 421 Woods Ave., $ 2,048.81 (1030316) Exchange, Bldg. S.W. (Owner's & Investment son occupying) Eva Roberson Lot 8, Blk. 4, Marshall Ave., $ 852.61 (1120309) Lewis S.W. (Vacant lot) Eva Roberson Lot 9, Blk. 4, 522 Marshall $ 725.22 (1120310) Lewis Ave., S.W. (Vacant house) The Honorable Mayor and Members of City Council April 5, 1993 Page 2 Eva Roberson Lot 21, Blk. 4, 521 Day Ave., $ 2,554.04 (1120324) Lewis S.W. (Vacant house) Phillip Pitts Pt. Lot 4 & Pt. (1011204) Lot 5, Blk. 10, Official Survey Campbell Ave. , S.W. 'Vacant lot) $ 4,114.93 Real estate taxes on the foregoing properties are delinquent three or more years. Payment arrangements were attempted, but were unsuccessful. Section 58.1-3954, Code of Virginia (1950), as amended, requires that any such suit be instituted and conducted in the name of the city in which such taxes are assessed and at the direction of the governing body of the city. I have attached the appropriate resolution which I recommend to you for adoption. The Acting Director of Finance joins with me in this recommendation. I shall be happy to respond to any questions you may have with respect to this matter. With kindest personal regards, I am Sincerely yours, ~ Wilburn C. Dibling, Jr. City Attorney WCDj/GLY:sm Attachment cc: W. Robert Herbert, City Manager James D. Grisso, Acting Director of Finance Gordon E. Peters, City Treasurer Deborah J. Moses, Chief, Billings and Collections Mary F. Parker, City Clerk ~L~RY F. PARKF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #60-144-253 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Sincerely, I am attaching copy of Resolution No. 31403-040593 approving the annual operating budget of the Roanoke Valley Resource Authority for fiscal year 1993-1994, in the amount of $7,611,800.00, as recommended by report from the City's representative to the Roanoke Valley Resource Authority under date of April 5, 1993. Resolution No. 31403-040593 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jeffrey A. Cromer, Manager, Solid Waste Disposal MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #60-144-253 Mr. Gardner W. Smith, Chairperson Roanoke Valley Resource Authority 3433 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Sincerely, Dear Mr. Smith: I am enclosing copy of Resolution No. 31403-040593 approving the annual operating budget of the Roanoke Valley Resource Authority for fiscal year 1993-1994, in the amount of $7,611,800.00, as recommended by report from the City's representative to the Roanoke Valley Resource Authority under date of April 5, 1993. Resolution No. 31403-040593 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. John R. Hubbard, Executive Director, Roanoke Valley Resource Authority, 3433 Brambleton Avenue, S. W., Roanoke, Virginia 24018 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 2~11 Telephone: (703) 981-2MI SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #60-144-253 Mr. John H. Parrott, Chairperson Roanoke Valley Regional Solid Waste Management Board 714 Wildwood Road, S. W. Roanoke, Virginia 24014 Dear Mr. Parrott: I am enclosing copy of Resolution No. 31403-040593 approving the annual operating budget of the Roanoke Valley Resource Authority for fiscal year 1993-1994, in the amount of $7,611,800.00, as recommended by report from the City's representative to the Roanoke Valley Resource Authority under date of April 5, 1993. Resolution No. 31403-040593 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1993. No. 31403-040593. A RESOLUTION approving the annual operating budget of the Roanoke Valley Resource Authority for fiscal year 1993-1994 upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual operating and capital budget for the Roanoke Valley Resource Authority for fiscal year 1993-1994 in the amount of $7,611,800.00 for the Authority is hereby approved, all as more particularly set forth in the report to this Council dated April 5, 1993, from the Roanoke City Representative of the Roanoke Valley Resource Authority. ATTEST: City Clerk. CITY '93 Ii~R 30 P4:35 Roanoke, Virginia April 5, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Valley Resource Authority Fiscal Year 1993-94 Budget The attached budget information is being presented in accordance with Section 5.9 of the October 23, 1991 Member Use Agreement. As your representative, I served on the Budget Committee and voted for approval of the budget at the March 18, 1993 Authority meeting. Also attached for your information is a financial report on the Bond Project and a financial report on Fiscal Year 1992-93 operations, both reports as of January 31, 1993. This report is presented to you with the recommendation that you grant your approval of the proposed Fiscal Year 1993-94 Annual Budget. Respectfully submitted, Kit B. Kiser, Roanoke City Representative Roanoke Valley Resource Authority KBK:afm Attachment cc: Gardner W. Smith, Chairman, Roanoke Valley Resource Authority W. Robert Herbert, City Manager Wilburn C. Dibling, City Attorney ROANOKE VALLEY RESOURCE AUTHORITY 3433 Bramblet~n Avenue, SW Roanoke, Virginia 24018 (703) 772-2130 Mr. Roben Herbert, City Manager City of Roanoke 215 Church Ave. Roanoke, Va. 24011 Dear Mr. Herbert, March 19, 1993 On March 18, 1993, the RVRA approved its 1993-94 annual operating budget· The budget totals $7,611,800 and is funded through projected tipping fees and funds from the Roanoke Valley Solid Waste Management Board. The projected tipping fees for municipal waste will be $50/ton and SSS/ton for private waste. The final rates will be set after a public hearing held by the Resource Authority prior to the opening of the new facilities. , All charter members will receive a $20/ton credit against the proposed rate that will allow the members to maintain a $30/ton rate throughout the 1993-94 fiscal year. This credit will be funded through the use of surplus funds available from the current landfill operauon. Attached is a sunmmty of the budget including the Executive Director's report, a comparison with the bond projections and a notice sent to all the major private haulers and their customers, ff additional information is needed the budget details are available. In accordance with the Member Use Agreement, this annual budget is being submitted for approval by the Roanoke C/ty Council. The Resource Authority looks fonvard to serving the City with this new state-of-the- art facility for many years to come. GWS/pld CC: Mr. John R. Hubbard, Executive Director RVRA Board Membe~ RF~OLUTION No. RA93-4~ A RESOLUTION APPROVING THE AUTHORrrY'S ANNUAL BUDGET FOR FISCAL YEAR 1993-94 AND AUTHORIZING SUBMITrAL OF SUCH BUDGET TO THE GOVERNING BODIES OF THE CHARTER MEMBER USERS FOR APPROVAL IN ACCORDANCE wrrH THE TERMS OF THE ROANOKE VALLEY RESOURCE AUTHORITY MF~MBERS USE AGR Rf:.M~.NT BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 1993-94 annual budget for the Roanoke Valley Resource Authority, as set forth in the report and accompanying attachments by the Chief Executive Officer, dated March 18, 1993, is hereby approved; 2. The Authority Chairman is authorized on behalf of the Authority to submit the fiscat year 1993-94 annual budget to the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. Carolyn B. :Wagner, RVRA ~d Secretary Mr. Kiser made a motion to approve resolution RA93-45, to approve the 1993-94 annual budget and authorize its submittal to the Charter Member Users for approval, seconded by Ms. Schefsky, and carried by the following recorded vote: AYES: Mr. Kiser, Mr. Benninger, Ms. Schefksy, Mr. Smith NAYS: None ABSENT: Ms. Hyatt, Ms. Wimme~ ¥93 Revenue Disposal Fees Interest Income $ Reimbursement from Landfill Board $ 100.000 Personnel: Operating: Capital: Transfer to Reserves Debt Service Disposal Fees Municipal Private $ 936.320 $~ $ 24.8OO $~ $~ Total: $ 7.611.800 Total: $ 7.611.800 $ 50 per ton per ton CATEGORY BOND F.Y.93/94 ACTUAL PROJECTION BUDGET WASTE GENEg~TION from) Solid Waste Generated Residential Waste ~1,400 Commercial Waste 81,400 Less: Additional ~ource Recycling Residential Waste ( 3,~00) (0) Commercial Waste ( $.100) (~) Solid Waste ta the System 133,800 14~,0~ OPERATING REVENUF.~ Tippin~ Fee Revenue Requiremmt $ 7,379,000.00 $ 7,$11,80~ Inte~st Income 101,0O0.00 Re~nbursemem: RV~M~ ~- 100.0~ To~l Operating Reve~u~ $ 7,480,000.00 $ 7,$11,~0 OPERATING Landfill & Tramf~ Station $ 2,14~,0~0.00 $ Tot~ Ope~ Expem~ $ Z~,000.00 $ Z,~O,0~ DEBT$1~VICE $ 1,803,00~.~ $ 1,~03,~ DEPOSITS TO ~VE ACCOUNTS Closure Fu~d $ 375,000.00 $ 375,00~ Renewal & Replac~ne~ts Fund Equipment Reservea $ 525,000.00 $ 525,000 En~'o~l Fund & Con~zi~s 98,0~.0~ Host Communit/Impro,~mem 8,000.M ~,~ Property Value l'ro* _~e~oa l~.000.O0 150.000 Total Deposits to R&R Fund $ 781,000.00 $ 781,000 HOST FEES $ 300,000.00 $ EXCESS REVENUES $ 8~9,000.00 $ 883,800 INDENTURE COVERAGE TEST (.10 $ .48 .49 MIN.) ADDITIONAL DEPOSITS TO RESERVES Further Site Development $ 690,000.00 $ O0,000 ln~_,~im & Post l)evdopment 19,000.00 Lg,M0 Total Additional Deposits to Reserves S 8~,000.00 $ 85~,000 SOLID WA~-~ TWPING FEF.~/($/TOb0 Residential (Municipal) $ 52.30 $ Commercial S $7.M S March 18, 1993 SURIECT: Budget: 1993-94 ACTION REQUII~k'~: Approval and Submittal to Charter Members BACKGROUND: Annually, by April 1, the Resource Authority must develop, approve and submit to the Charter Members an operating budget. This fiscal year's budget will initiate the operation of the new waste disposal facilities, as the existing facilities are being closed. Waste disposal fees will obviously increase drastically due to the cost of constructing and, operating new facilities under the new federal and state regulations. These costs have been a major concern for the Resource Authority, local governments and businesses. The Budget Committee has p~epared the proposed budget to maintain costs within those previously projected and within projections prepared for bond sales. Page 14 of thc budget compares the proposed budget with bond projections. The budget also maintains the importance and significance that recycling plays in the Valley's efforts to address the waste problems, through the funding of several recycling programs, totalling $420,000. A budget summary has been formulated and is found on page 1, indicating a total budget of $?,611,800, with approximately 50% allocated for reserves and debt service. As indicated, the projected disposal fees are $50/ton for residential and $55/ton for commercial wastes, both of which are 10% less than originally projected. Final rates and charges will be set by the Resource Authority through a public hearing process prior to October. With rising costs anticipated, efforts have been made to inform the local governments and commercial customers through meetings and information notices, as shown on the attachment sent to the customers of the major commercial haulers and the news media. Continued efforts to maintain costs and inform our customers will be a major priority of the Resource Authority throughout its operation. RECO~ATION: It is my pleasure, acting on behalf of the Budget Committee, to recommend the approval of the 1993-94 budget as submitted, and to recommend authorization for the chairman to submit the budget summary and bond comparison for the Charter Members' approval. Respectfully submitted: Chief Executive Officer RISING COSTS!!! Roanoke Valley Resource Authority New Waste Disposal Fees The Roanoke Valley Resource Authority wants you to be informed not surprised! Costs for waste disposal will be rising, we want you to be aware of thc increases now, to provide time for planning and budgeting. Effective October, 1993, commercial waste disposal rates will increase to approximately $60 per ton. As a Valley business, this will affect the amount you pay for trash removal services, either directly to a hauler or through your rental or lease agreement. Why are costs rising? For years we have been "wasting away". We've wasted so much, we've filled a landfill. Now our environment demands we become aware of what we throw away and where wc throw it. In October, 1993, thc Roanoke Valley Resource Authority, a joint effort of Roanoke Valley governments, will be opening a new environmentally sound landfill that will meet strict federal and state regulations. The facility, known as Smith Gap Landfill, is located on Bradshaw Road in Roanoke County. New innovative environmental techniques are being used in the construction at Smith Gap to protect the surrounding area. The new landfill has a life expectancy of 70 to 80 years, and will be constructed to meet rigid environmental protection regulations, which include liners, leachate collection and groundwater monitoring wells. Thc construction will also pay strict attention to the adjoining neighborhood to see that the site is screened from view, so the landfill will be a "good neighbor". These measures are expensive, but important, and will last long into the future. How will waste disposal change? Trash will be transported in the manner that is normal for your business, and then the changes will begin! After the waste is delivered to the transfer station, located on Hollins Road, it will be inspected for elimination of hazardous waste and transferred to rail cars. The railears, sealed airtight with locked tops, will carry the trash to the tipper station at the landfill. At this point, the material will be transferred to large hauling vehicles, taken to the landfill area and buried. What can you do? Plan and budget for the future now. Plan ahead by putting more into savings plans to be used later for increased costs. Reduce Wash by recycling. We plan to have educational programs available in the near future detailing methods of waste reduction. Call the Roanoke Valley Resource Authority if you have questions - 772-2130. Our environment is important. Roanoke Valley governments realize this and are working together through the Roanoke Valley Resource Authority to develop a safe and efficient waste disposal system. Yes, costs will increase, but these costs will be an investment in the environmental future of the Roanoke Valley. ~ printed on recycled paper Statement of OpeFations For the Seven Months Ended January 31, 1~3 . (Cash B, ub) fl~12~.q~,.,~ Actual Pets°re?el $124,921 ~OP~irt~t~ng 180, 400 $67,625 27,058 P' . 5,000 586 Unappropriated Balance . 10.000= . Non Ol~fatlllt, Revenu,._q Rental Income In,rest Income 300 Reimbursement from Landfill Board 320,321 2,730 69,300 Sale of Land and Buildings ~ 149.343 Net Income (Loss). ~ 0 ~ 54~074 Respectfully Submitted, Diane D. Hyatt, Treasurer Solid Waste System Bond Project As of January 31, 1993 ! ~anclfill Transfer Station Rail Access Issuance Costs Contingency Budget $13,083,204 5,260,614 644,894 ! .320 Actual $1,397,058 712,392 599,484 $ 2.708,934 Respectfully Submitted, Diane D. Hyatt, Treasurer MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #53-79-123-217-247-305 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching a certified copy of Ordinance No. 31375-040593 authorizing issuance of $20,100,000.00 principal amount of General Obligation Bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of various public improvement projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the saie of such bonds; and authorizing and providing for issuance and sale of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of issuance and sale of such bonds. Ordinance No. 31375-040593 was adopted by the Council of the City of Roanoke on first reading on Monday, March 22, 1993, also adopted by the Council on second reading on Monday, April 5, 1993, and will take effect ten days following the date of its second reading. Pursuant to provisions of Section 11 of Ordinance No. 31375-040593, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.1-227.9 of the Code of Virginia, 1950. /-'"x ~-~~'Sincerely , ~O~,_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. T}{e Honorable Arthur B. Crush, III April 8, 1993 Page 2 Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, 312 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 Ms. Margie W. Thomas, Secretary of Virginia Tech Board of Visitors, 210 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 The Honorable W. Alvin Hudson, City Sheriff The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, City Treasurer Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Corinne B. Gott, Acting Director, Human Development Mr. Mark C. Johnson, Manager, Juvenile Detention Home Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Brian J. Wishneff, Chief, Economic Development MARY F. P.AIW, ER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #53-79-123-217-247-305 Mr. Donald G. Gurney, Esquire Wood, Dawson & Hellman 17 Batte1~ Place New York, New York 10004 Dear Mr. Gurney: I am enclosing a certified copy of Ordinance No. 31375-040593 authorizing issuance of $20,100,000.00 principal amount of General Obligation Bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of various public improvement projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for issuance and sale of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of issuance and sale of such bonds. Ordinance No. 31375-040593 was adopted by the Council of the City of Roanoke on first reading on Monday, March 22, 1993, also adopted by the Council on second reading on Monday, April 5, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN ~ COUNCIL OF ~ CITY OF ROANOKE, VIRGINIA The 5th day of April, 1993. No. 31375-040593. AN ORDINANCE AUTHORIZING THE ISSUANCE OF TWENTY MIl.LION ONE HUNDI~I~ THOUSAND DOLLARS ($20,100,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF TUF~ CITY OF ROANOKE, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO DEFRAY THE COST OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF AND FOR SUCH CITY; FIXING ~ FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR TU~. SALE OF SUCH BONDS; AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF ~ ISSUANCE AND S,~Lg OF SUCH BONDS W/~m~.AS, in the judgment of the Council (the "Council") of the City of Roanoko, Vil~inia (the "City"), it is desirable to authorize the issuance of $20,100,000 principal amount of C~neral Obligation Public Improvement Bonds of the City to provide funds to defray the cost of various public improvement projects of and for the City and to authorize the issuance of a like principal amount of genenU obligation Public Improvement Bond Anticipation Notes in anticipation of the issuanne of such Public Improvement Bonds; NOW, ~ORIl, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKe, VIR~IlqlA: SECTION 1. Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, the same being tim Public Finance Act of 1991, and the Charier of the City, for the puq~ose of providing funds to defray the cost of the public improvement projects described in Section 6 hereof, ~ m m~horiznd to he issued Twenty Million Orm Hundred Thousand Dollars ($20,100,000) primip~ mnonnt of general obligation bonds of the City to he designated "General Obli~tion Pul)li~ Improvement Bonds" (the "Bonds'). Tbe Bonds ~ be issued and ~old in their entirety at one time, or from time to time in 1)~ in one or mow series, as shall be determined by the Director of Finance. Any series of the Bonds may be sold contmnporanenusly with any other Bonds of the City. Them shall be added to tim designation of the Bonds a series designation determined by the Director of Finance of the City. All pac, h Bonds shall he issued in fully t~gisternd form and shall be in the denomination of $~,000 or any integral multiple thereof. The Bonds of a given series shall he numbered from R-I upwards in order of issuance; shall mature serially, commencing in such -2- year and in such amount in each year as shall be determined by the Director of Finance; and shall bear interest at such rate or rates per annum as shall be specified in the bid accepted by resolution of this Council for the purchase of the Bonds of such series, if any bid therefor be accepted, such interest to be payable semiannually, provided the first interest payment date may be any date within one (1) year from the date of the Bonds as determined by the Director of Finance. The Director of Finance is authorized to determine, in accordance with and subject to the provisions of this Ordinance: the date or dates of the Bonds; the interest payment dates thereof; the maturity dates thereof; the amount of principal maturing on each maturity date; the place or places of payment thereof and the paying agent or paying agents therefor; the place of registration, exchange or transfer thereof and the registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and if subject to such redemption, the premiums, if any, payable upon such redemption and the respective periods in which such premiums are payable. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of Section 3 with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. If the Bonds are subject to redemption and if any Bonds (or portions thereof in installments of $5,000 or any integral multiple thereof) are to be redeemed, notice of such redemption sgecifying the date, numbers and maturity or maturities of the Bond or Bonds to be redeemed, the date and place or places fixed for their redemption, the premium, ff any, payable upon such redemption, and ff less than the entire principal amount of a Bond called for redemption ia to be redeemed, that such Bond must be surrendered in exchange for payment of the principal amount tbe~of to be redeemed and the issuance of a new Bond or Bonds equalling in principal amount that portion of the principal amount of the Bond to be surrendered not to be redeemed, shall bo mnilt~ not less than thi~y (30) days prior to the date fixed for redemption, by f'u~t cla~ mail, poatag~ prepaid, to the registered owner of such Bond at his address as it appears on the books of reg, htry kept by the registrar as of the close of business on the forty- frith (45th) day next preceding the date fbted for redemption. If any Bonds shall have been called for x~:lemption and notice thereof shall have been given as hereinabove set forth, and payment of the principal amount of such Bonds (or the principal amount thereof to be redeemed) and of the accrued intex'~ and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bonds (or the principal amount thereof to be redeemed) shall cea~ to accrue from and after the date so specified for the redemption thereof. S]/CTION 2. The full faith and credit of the City shall bo and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the BOnds aa the same become du~. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall bo as.~.,aaed, levied and collected, at the same time and in the same manner as other taxes in the City a_~ assessed, levied and collected upon ail property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and premium, if any, and interest on the Bonds as the same become due. -3- SF_,CTION 3. The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. The Director of Finance shall direct the registrar for the Bonds of a given series to authenticate such Bonds and no such Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the registrar. Upon the authentication of any Bonds the registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if the Bond is authenticated prior to the tint interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if the Bond is authenticated after the f'fi~eenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest paymem date next preceding the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 4. 'L'ne principal of and premium, if any, on the Bonds shall be payable in such coin or ~y of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the place or places of payment and through the paying agent or paying agents for the Bonds determined by the Director of Finance in accordance with Section 1. Interest on the Bonds shah be payable by check or draft mailed by the registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. At all times during which any Bond of any series ~znalns outstanding and unpaid, the registrar for such series shall keep or cause to be kept at its principal cosT,orate trust office books of registry for the regisUafion, exchange and transfer of Bonds of such series. Upon presentntlon at its principal corporate trust office for such pal~ose the registrar, under such reasonable regu~ons as it may p~scribe, shah register, exchange, transfer, or cause to be registol~l, excball~ or tynnsferred, on the books of registry the Bonds as hereinbefore set forth. The books of t~istry shall at all times be open for inspection by the City or any duly authorized officer thereof. Any Bond may be exchanged at the principal cofl~orate trust office of the registrar for such series of Bonds for a ~ ag~ principal amount of such Bonds in otber authorized principni sums of the same series, interest rate and maturity. -4- Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the registrar for such series for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the registrar. All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with resp~t to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. SECTION 5. CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in coen~ction with the assignment and printing of CUSIP numbers on the Bonds shall be paid by tho City, provided, however, that tbs CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attomoys rendering the same, together with a certification of the City Clerk, executed by a facsimile sigtmut~ of that officer, to the effect that such copy is a tree and complete copy (except for ~ and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SBCTION 6. Tbe proceeds of the sale of the ~onds ate to be applied to defray the cost of varioua public improvement projects of and for the City, for the purposes and in the amounta set forth below; prov/dtd that if any purpose set forth below shall requLre less than the entire respective mount ~o act forth tho difference may be applied to any of the other purposes so set forth: -5- Construction of Hotel Roanoke Conference Center, including Land Acquisition Costs City Jail Expansion, including Land Acquisition Costs Juvenile Detention Home Expansion Amount $13,800,000 4,800,000 1,500,000 $20.100.000 SF. CTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SF..CTION 8. The Bonds shall be sold in one or more series in accordance with the provisions of Section I at competitive sale at not less than par plus accrued interest'and on such other terms and conditions as are provided in the notice of sale thereof. The Bonds may be sold contemporaneously with other Bonds of the City under a combined notice of sale. The sale and the definitive details of the Bonds shall be approved, ratified and confirmed by resolution or ordinance of this Council. The Director of Finance of the City is authorized to cause to be published and distributed a notice of sale of the Bonds (or in lieu of the full text of the notice of sale may cause a summlLry thereof to be published) in such form and containing such terms and conditions aa he may deem advisable, subject to the provisions hereof. The Director of Finance is further authorized to cause to be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to the Bonds. SBCTION 9. The Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the Bonds, shall be ill substaptially the following forms, respectively, to-wit: -6- (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GF_dVERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES OF No. R- $ INTEREST RATE: DATE OF BOND: CUSIP NO.: KEGISTF_~]~r~ OWNER: PPd]VCIPAL SUM: KNOW ~1I. ~ BY TI-~-qE PR.F~I]i'q'I'S, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itseff indebted and hereby promises to pay to the R~gistered Owner (named above), or registered assigns, on the Maturity Date (specifi~l above) (unless this Bond shall be subject to prior redemption and shall have been duly called for pmviotn redemption and payment of the redemption price duly made or provided for), the Principal Sum (~l~;cified above), and to pay interest on such Principal Sum on the first day of and on the first day of of each year, commencing on the first day of , 19_ (each such date is hereinafter referred to as an "interest payment date'), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an intomst payment tl~ts., in which case f~om such interest payment date, or unless such date of authentication is within the period fn~m the sixteenth (16th) day to the last day of the calendar month noxt preceding the following interest payment date, in which case from such following ~ payment dam, such interest to be paid until the maturity or redemption hereof at the ~ Rate (specified above) per anmlm, by check or draft mailed by the Paying Agent Ii~m~inafh~ manlioued to the Registered Owner in whose name this Bond is registered upon the boolra of ~i~ry, aa of the close of busine~ on the fifteenth (15th) day (whether or not a ~ day) of the calendar month next preceding each interest payment date. The principal of and pl~llilml, if ally, on this Bond are payable on presentation and surrender hereof, at the principal cotllora~ I~xmt office of , the l~gistrar and Paying Agent, in the City of , Principal of, premium, if any, and interest on this Bond are payable in any coin or curreecy of the United States of America which, on the respective clat~ of payment thereof, shall be legal tender for public and private debts. -7- This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest and maturity issued for the purpose of providing funds to defray the cost of various public improvement projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia. including Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), the Charter of the City and an ordinance and resolutions and other proceedings of the Council of the City duly adopted and taken under such Chapter 5.1. The Bonds- of the issue of which this Bond is one (or portions of the principal amount thereof in installments of $5,000) maturing on and after 1, __, are subject to redemption at the option of the City prior to their stated maturities on or after 1. , in whole at any time or in part from time to time on any interest payment date, from any moneys that may be made available for that purpose, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the Bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fLxed for redemption, plus a premium of [INSERT R~r~EMPTION If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice oftbe redemption hereof, specifying the.date, numlx~' and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not le.~ than thirty (30) days prior to the date lvLXed for redemption, by first class mail, postage p~'l~aid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of tbe ¢1o~ of business on the forty-fu~ (45th) day next preceding the date fixed for re~mlXiou. If notice of the redemption of this Bond (or the portion of the principal amount bereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or th~ portion of the principal amount hereof to be redeemed) and of the accrued inten*~st and p~mium, if any, payable upon such redemption shall have been duly made or provided for, ~ beremi ~ cease to accrue from and at~r the date so specified for the redemption ben~f. Subject to tho limitations and upon payment of thc charges, if any, provided in thc proceedinss authori~i%* the Bonds of the series of which this Bond is one, this Bond may be exchanged at the principal corporate trust office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rote and maturity. This Bond is transferable by the Registered Owner bereof, in person or by his attorney duly anthoriznd in writing, on the books of registry kept by the Regismtr for such purpose at the principal corporate trust office of the Registrar but only in the manner, subject 19642 I -8- to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized officer of the Registrar. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be po/formed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness pr~cribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of tho City. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. IN WITN~S ~F, the City has mused this Bond to be executed by the manual or facsimile signatu~s of its Mayor and its City Treasurer;, a facsimile of the corporate seal of tho City to be imprinted hereon ~_-__-~sted by the manual or facsimile signature of the City Clerk of the City; and thi~ ~ to be dated as of the f'u~t day of , __. CITY OF ROANOKI~, VIRGINIA Mayor [S]ZAL] City T~aaurer c ty Clerk -9- (FORM OF C~RTII:ICATE OF A~CATION) CERTI~CATE OF A~CATION proceedings. This Bond is one of the Bonds delivered pursuant to the within-mentioned By: , Registrar Authorized Officer Date of Authentication: FOR VALU~ (FORM OF ASSlGNMID~ ASSIG~ ~ tl~ und~gn~ hereby sell(s), assign(s) and (Fleas~ print or ~ mm~ and add.ss, including postal zip cc~ of Transfer) ~ I]qSIIRT SOCIAL S~"*URI'FY' OR OTHltR XD~flFYING NUMBER OF TRANSt~t~ql~ - I0- the within Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member f'mn of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 10. General Obligation bond anticipation notes are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bends authorized for issuance herein. Such notes shall be sold at competitive or negotiated sale at not leas than par plus accrued interest and on such other terms and conditions as are determined by the Director of Finance. If such notes are offered for competitive sale, a notice of sale shall be prepur~, published and distributed in accordance with the requirements of Section 8. There shall also be prepared and distributed a Preliminary and a final Official Statement relating to such no~s in such form as shall be approved by the Director of Finance. The issuauce and ~ of such notes shall be governed by the provisions of Sectiou 15.1-227.29 of Title 15. l, Chapter 5. l, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 7 shall apply to such notes to the same extem the ~me apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such notes are not paid from the proceeds of the Bonds ot from any other available funds. The sale of such notes and the form and other details thereof shall be approved, ratified and confirmed by resolution or ordinance of thin COUl~CiL ~ ill anticipation of which such bond anticipation notes are issued pumumt to this Sectioll 10 may be issued and sold in accordance with the provisions of this Ordinance at any tlm~ within five (5) years of the date of issuance of the first notes issued SBc'rlON 11. The City Clerk is hereby directed to file a copy of this Ordinance, cellified by such City Cledl: to be a flue copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.1-227.9 of the Code of Virginia, 1950. -11- SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. This Ordinance shall constitute a "resolution" for purposes of Section 15.1-227.9 of the Code of Virginia, 1950. SECTION 13. This Ordinance shall take effect from and after ten days from the date of passage. A'i'i'P~ST: City Clerk CITY ~larch 22, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia '93 lIAR18 A9:55 Dear Mayor and Members of Council: Subject: Authorization to Issue Bonds and Increase Certain Tax Rates to Fund Debt Service on Bonds Issued I. Backqround is as follows: Recommendation to issue $20.1 million in qeneral obliqation bonds was made to City Council in a written communication dated March 3, 1993. Bonds were recommended to be issued to fund the following critical capital projects: 1. Conference Center 2. Jail Expansion 3. Juvenile Detention Home Expansion $13,800,000 4,800,000 1,500,000 Total $20,100,000 B. Fundinq for debt service on bonds for the Conference Center is to be provided from future tax revenues from operation of the Conference Center. Funding for debt service on bonds for the Jail Expansion and Juvenile Detention Home Expansion was recommended to be provided from the following fee and tax increases: $5 increase in the Motor Vehicle License Fee for vehicles under 4,000 pounds from $15 to $20; a $5 increase in the $15 minimum fee for other vehicles; and a $1 increase in the fee to re-issue licenses from $1 to $2 $325,000 $.03 per pack increase in the Cigarette Tax from $.14 to $.17 per pack, or from $.007 per cigarette to $.0085 per cigarette 305,000 II. Current situation is as follows: Resolutions su~ortin~ the Jail Expansion and Juvenil~ Detention Home Expansion projects were approved by City Council on March 8th. This was necessary so that applications could be filed with the Commonwealth for partial funding of these projects. Ce Public advertisements regarding the issuance of $20.1 million in general obligation bonds under the Public Finance Act were placed in the Roanoke Times on March 7th and 14th. These advertisements announced today's public hearing on this issuance prior to Council's consideration of the measure authorizing the issuance. Public advertisement regarding the proposed increases in the Motor Vehicle License Fee and Cigarette Tax Ratm was placed in the Roanoke Times on March 15th. This advertisement announced today's public hearing on these increases prior to Council's consideration of the measures implementing the increases. City Council's authorization of the $20.1 million general obligation bond issue under the Public Finance Act and approval of the recommended fee and tax increases to fund III. debt service is requested today to allow these projects to move forward in a timely fashion. Recommendation is that City Council approve the attached measures to: ao Authorize the issuance of $20.1 million in general obligation bonds under the Public Finance Act to provide funding for the following critical capital projects: 1. Conference Center 2. Jail Expansion 3. Juvenile Detention Home Expansion $13,800,000 4,800,000 1,500,000 Total $20,100,000 Be Approve the following fee and tax increases to fund debt service on the Jail Expansion and Juvenile Detention Home Expansion projects: $5 increase in the Motor Vehicle License Fee for vehicles under 4,000 pounds from $15 to $20 and a $5 increase in the $15 minimum fee for other vehicles effective April 15, 1994; and a $1 increase in the fee to re-issue licenses from $1 to $2 effective July 1, 1994 $325,000 $.03 per pack increase in the Cigarette Tax from $.14 to $.17 per pack, or from $.007 per cigarette to $.0085 per cigarette, effective July 1, 1993 305,000 Ce Appropriate $4,800,000 and $1,500,000 in anticipated bond proceeds to accounts to be established in the Capital Projects Fund for the Jail Expansion and Juvenile Detention Home Expansion projects, respectively. Appropriation of anticipated bond proceeds for the Conference Center is addressed in a separate detailed report. CC: Acting Director of Finance Assistant City Manager City Attorney Manager, Management and Budget Respectfully submitted, W. Robert Herbert City Manager CITY '93 I~/~R 17 ~10:24 Roanoke, Virginia March 22, 1993 Honorable Mayor and City Council Roanoke, VA Dear Members of Council: Subject: Authorization to Issue Bonds and Increase Certain Tax Rates to Fund Debt Service on Bonds Issued Please reserve space on Council's agenda on Monday for a report pertaining to the above subject. WRH:mp cc: City Attorney Director of Finance Respectfully submitted, obert Herbert City Manager NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to S15.1-277.8 of the Code of Virginia (1950), as amended, that the Council of the City of Roanoke, Virginia, will hold a public hearing on Monday, March 22, 1993, at 2:00 p.m., local time, An the Council Chamber, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011, with respect to the proposed adoption by Council of an ordinance authorizing the City to contract a debt and issue $20,100,000 principal amount of general obligation bonds of the City for the purpose of providing funds to defray the cost of various public improvement projects of and for the City, for the purposes and in the amounts set forth below; provided that if any purpose set forth below shall require less than the entire respective amount so set forth the difference may be applied to the other purposes so set forth: Purpose Amount Construction of Hotel Roanoke Conference Center, including Land Acquisition Costs $ 13,800,000 City Jail Expansion, including Land Acquisition Costs 4,800,000 Juvenile Detention Home Expansion 1~500~000 20,100,000 The members of the public are hearing and to appear and present ordinance. invited to attend the public their views on the proposed The full text of the proposed ordinance is on file in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Dated: March 7, 1993 Mary F. Parker, City Clerk City of Roanoke City of Roanoke, Virginia NOTE TO PUBLISHER: Publish twice, once on March 7, 1993, and again on March 14, 1993. Send bill and Publisher's Certificate to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011 PUBLISHER'S FEE - CITY OF ROqNOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 455 MUNICIPAL BLDG ROANOKE VA 24011 [:lTl' '93 MAR22 Pl:14 STATE OF VIRGINIA CITY OF R(]' A'4OK,~: AFFIDAVIT PUBL ICAT I fiN I9 (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION9 WHICH CORPORATIf]N IS PU6LISHER OF THE ROANOKE TIMES C WCRLD-NEWS~ A DAILY NEWSPAPER PUBLISHED IN RDANOKE~ IN THE STATE OF VIRGINIa, DO CERTIFY THAT THE ANNEXE[) N(]TICE WAS PUBLISHED IN SAID NEWSPAPERS (]N THE FOLLOWING DATES 03/07/93 SUNDAY O3/14/93 S!JNDAY WITNESS, THIS 17TH DAY OF MARCH 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #24-79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31377-040593 amending and veordaining Section 32-190, Levied~ amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.007 per cigarette to $.0085 per cigarette, effective July 1, 1993. Ordinance No. 31377-040593 was adopted by the Council of the City of Roanoke on first reading on Monday, March 22, 1993, also adopted by the Council on second reading on Monday, April 5, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Saiem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court Mr. W. Robert Herbert April 8, 1993 Page 2 pc: District Court The Honorable District Court The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ms. Mr. Mr. Mr. Mr. Ms. Mr. The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations Edward S. Kidd, Jr., Chief Judge, General District Court Julian H. Raney, Jr., Judge, General District Court Richard C. Pattisal, Judge, General District Court Donald S. Caldwell, Commonwealth's Attorney Arthur B. Crush, III, Clerk, Circuit Court Jerome S. Howard, Jr., Commissioner of Revenue Gordon E. Peters, City Treasurer Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronald Albright, Clerk, General District Court Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Bobby D. Casey, Office of the Magistrate Clayne M. Calhoun, Law Librarian Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 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, The 5th day of April. 1993. No. 31377-040593. VIRGINIA, AN ORDINANCE amending and reordaining S32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.007 per cigarette to $.0085 per cigarette; and providing for an effective date of July 1, 1993. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-190, Levied~ amount, Code of the City of Roanoke (19Y9), as amended, is amended and reordained as follows: S32-190. Levied; amount. In addition to all other taxes of every kind now imposed by law, there is hereby levied and imposed by the City, upon each and every sale of cigarettes, a tax equivalent to $.0085 per cigarette (eight and one-half mills per cigarette) sold within the City, the amount of such tax to be paid by the seller in the manner and at the time prescribed in this Article. 2. This ordinance shall be in full after July 1, 1993. force and effect on and ATTEST: City Clerk. NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to S58.1-3007, Code of Virginia (1950), as amended ("State Code"), that the City Manager proposes to recommend to City Council that the current cigarette tax of $.007 per cigarette be increased to $.0085 beginning July 1, 1993. Notice is also given pursuant to S58.1-3007, State Code, that the City Manager proposes to recommend to City Council that the current annual license tax on each passenger vehicle or motor home weighing four thousand (4000) pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); that the minimum annual license tax for certain motor vehicles with a passenger seating capacity of more than ten (10) adults, certain school buses, certain trailers or semitrailers designed for human occupancy, certain taxicabs and other motor vehicles for hire, certain church buses, and certain vehicles used not for profit in transporting persons who as a part of a common undertaking agree to bear all or part of the costs of operation or used by a lessee renting such vehicle under written lease for twelve months or longer, be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); that the annual license tax on motor vehicles not designed for transportation of passengers and having a gross weight of 4,000 pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); and that the annual license tax on pickup and panel trucks weighing 4,000 pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); all effective April 15, 1994. Notice is further given pursuant to S58.1-3007, State Code, that the City Manager proposes to increase the fee for transfer or replacement of the annual motor vehicle license from one dollar ($1.00) to two dollars ($2.00) effective July 1, 1993. Copies of ordinances to be considered by City Council in connection with the proposed tax increases are on file in the Office of the City Clerk. Council of the City of Roanoke on Monday, March 22, 1993, p.m., or as soon thereafter as the matter may be heard Council Cha~er, Municipal Building, 215 Church Avenue, Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by City Council on the subjects of the proposed increased cigarette tax rate and the proposed increased annual license tax on certain motor vehicles and the proposed increase in the fee for transfer or replacement of an annual motor vehicle license. A public hearing will be held before the at 2:00 in the S. W., Mary F. Parker, City Clerk NOTE TO PUBLISHER: Please publish once in the Roanoke Times & World News on March 15, 1993. Send Bill and Publisher's Certificate to: Mary F. Parker, City Clerk Room 456 Municipal Building Roanoke, Virginia 24011 A'~ NUtqL/ER - 31217z~7f PUBLISHER'S F~r' ~ -~ .... - i,.o, 7D CITY Off ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 455 MONICIPAL ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AEFIDqVIT IIF PUBLICATION I, (TH~ tJNuERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES g WORLD-NEWS, A DAILY NEWSPAPER PU~LISHEO IN ROANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEX50 NOTICE WaS PUBLISHED IN SAID NEWSPAPERS ON THE F!]LLOW]NG DATES 03/15/93 ~ORN ING WITNESS~ I'HIS 17TH DAY OF MARCH 1993 CITY H R22 PI:14 The following persons have called and expressed opposition to the proposed cigarette tax: James Butts 6540 Greenway Drive Roanoke, Virginia 24019 Betty West 3558 Grandin Road, S. W. Roanoke, Virginia 24015 Doris Reed 2636 Northview Drive, S. W. Roanoke, Virginia 24015 Mary Hill Edmund Ward 1451 Guildhall Avenue, N. Roanoke, Virginia 24017 Jim Walker 4106 Hershberger Road, N. Roanoke, Virginia 24017 Mrs. Savage 4513 Biltmore Drive, N. W. Roanoke, Virginia 24017 Ms. R. D. Booth 5315 Hearthstone Road, N. W. Roanoke, Virginia 24012 Louise Cooper 541 36th Street, N. W. Roanoke, Virginia 24017 Virginia Hunter 4902 Grandin Road, S. W. Roanoke, Virginia 24018 Francis Woody 4902 Grandin Road, S. W. Roanoke, Virginia 24018 Lillian Stanley 922 Whitney Avenue, N. W. Roanoke, Virginia 24012 Veda Linkswiler 3038 Melrose Avenue, N. W. Roanoke, Virginia 24017 Ann & Doug Huffman 3820 Green Spring Avenue, N. W. Roanoke, Virginia 24012 Wanda Taylor 836 Peyton Street Roanoke, Virginia 24019 Ralph Pratt 1036 Hunt Avenue, N. W. Roanoke, Virginia 24012 Betty Stoneman 1329 Buena Vista Blvd., S. Roanoke, Virginia 24013 Sara Lou Hancock 4902 Grandin Road, Roanoke, Virginia S. W., #201 24018 James & Shirley Jones 3564 Hartland Road, S. W. Roanoke, Virginia 24015 Blanche Hamden 2715 Creston Avenue, S. E. Roanoke, Virginia 24015 Livingston Akers 1020 Campbell Avenue, S. W. Roanoke, Virginia 24016 Debbie Trent 1526 Gordon Avenue, S. E. Roanoke, Virginia 24013 Charles Hearn 2219 Eastgate Avenue, N. E. Roanoke, Virginia 24012 Peggy Hartman 2709 Courtland Road, N. W. Roanoke, Virginia 24012 Larry L. Foutz 1345 Baldwin Avenue, N. E. Roanoke, Virginia 24012 Larry Lumsden Bob Maxwell The following persons have called and expressed approval of the proposed cigarette tax: Merle Watts, Jr. 1714 Mayfield Drive Roanoke, Virginia 24014 MA~¥ F. PAR~ER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #20-24=79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31378-040593 amending and reordaining Section 20-28, Tax imposed, Code of the City of Roanoke (1979), as amended, to provide that the current annual license tax on each passenger vehicle or motor home weighing 4,000 pounds or less be increased from $15.00 to $20.00; that the minimum annual license tax for certain motor vehicles with a passenger seating capacity of more than ten adults, certain school buses, certain trailers or semitrailers designed for human occupancy, certain taxicabs and other motor vehicles for hire, certain church buses, and certain vehicles used not for profit in transporting persons who as a part of a common undertaking agree to bear all or part of the costs of operation or used by a lessee renting such vehicle under written lease for 12 months or longer, be increased from $15.00 to $20.00; that the annual license tax on motor vehicles not designed for transportation of passengers and having a gross weight of 4,000 pounds or less be increased from $15.00 to $20.00; and that the annual license tax on pickup and panel trucks weighing 4,000 pounds or less be increased from $15.00 to $20.00, effective April 15, 1994. Ordinance No. 31378-040593 was adopted by the Council of the City of Roanoke on first reading on Monday, March 22, 1993, also adopted by the Council on second reading on Monday, April 5, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm gnc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1993. No. 31378-040593. AN ORDINANCE amending and reordaining S20-28, Tax imposed, Code of the City of Roanoke (1979), as amended, to provide that the current annual license tax on each passenger vehicle or motor home weighing four thousand (4000) pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); that the minimum annual license tax for certain motor vehicles with a passenger seating capacity of more than ten (10) adults, certain school buses, certain trailers or semitrailers designed for human occupancy, certain taxicabs and other motor vehicles for hire, certain church buses, and certain vehicles used not for profit in transporting persons who as a part of a common undertaking agree to bear all or part of the costs of operation or used by a lessee renting such vehicle under written lease for twelve months or longer, be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); that the annual license tax on motor vehicles not designed for transportation of passengers and having a gross weight of 4,000 pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); and that the annual license tax on pickup and panel trucks weighing 4,000 pounds or less be increased from fifteen dollars ($15.00) to twenty dollars ($20.00); and providing for an effective date of April 15, 1994. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That S20-28, Tax imposed, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: S20-28. Tax imposed. An annual license tax is hereby imposed on the motor vehicles, trailers and semitrailers listed below and operating within the City as follows: (a) Twenty dollars ($20.00) for each private passenger vehicle or motor home provided such passenger vehicle or motor home is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur. (b) Thirty cents ($0.30) per one thousand (1,000) pounds of weight or major fraction thereof for a private motor vehicle other than a motorcycle with a normal seating capacity of more than ten (10) adult persons including the driver if such private motor vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without chauffeur; provided that in no case shall the tax be less than twenty dollars ($20.00). (c) Thirty cents ($0,30) per hundred (100) pounds of weight or major fraction thereof for a school bus, public or private; provided that in no case shall the tax be less than twenty dollars ($20.00). (d) Twenty dollars ($20.00) for each trailer or semitrailer designed for use as living quarters for human beings. (f) Twenty dollars ($20.00) for a taxicab and other vehicles kept for rent or hire operated with a chauffeur for the transportation of passengers, which operates or should operate under permits issued by the corporation commission as required by law. This subsection does not apply to vehicles used as common carriers. (h) Twenty dollars ($20.00) for a bus used exclusively for transportation to and from Sunday school or church, for the purpose of divine worship. (1) (m) The license taxes required by S20-28(e) and (f) of this Code to be paid for the operation of motor vehicles used for rent or hire shall not be required for the operation of any motor vehicle with a normal seating capacity of not more than twelve (12) adult persons including the driver (i) while used not for profit in transporting persons who, as a common undertaking, bear or agree to bear all or part of the actual costs of such operation, or (ii) while used by a lessee renting or hiring such vehicle for a period of twelve (12) months or longer under a written lease or agreement; and for the purpose of this section every such motor vehicle shall be treated as a private motor vehicle for which the annual license tax shall be twenty dollars ($20.00). The license taxes to be paid by the owners of all motor vehicles not designed and used for the transportation of passengers shall be determined by reference to the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, and according to the following schedule: Gross Weiqht Ranqe 6,500 Ibm. and under 6,501 10,000 10,001 - 10,499 10,500 - 11,000 11,001 - 11,499 11,500 - 12,000 12,001 - 12,499 Fee $20.00 22.00 23.00 24.30 25.40 26.80 28.00 12,500 - 13,000 29.50 13,001 - 13,499 30.80 13,500 - 14,000 32.40 14,001 - 14,499 33.80 14,500 - 15,000 35.50 15,001 15,499 37.00 15,500 16,000 38.80 16,001 16,499 42.00 16,500 17,000 44.00 17,001 17,499 47.40 17,500 18,000 49.60 18,001 18,499 53.20 18,500 - 19,000 55.60 19,001 - 19,499 59.40 19,500 - 20,000 62.00 20,001 and over 66.00 The tax for a pickup or panel truck shall be twenty dollars ($20.00) if the gross weight is six thousand five hundred (6,500) pounds or less. In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a part of such combination shall be taxed as a separate vehicle, and separate vehicle license plates or decals shall be issued therefor, but, for the purpose of determining the gross weight group into which any such vehicle falls, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. The tax for a trailer or semitrailer constituting a part of such combination shall be seventeen dollars ($17.00), provided, however, if such trailer or semitrailer exceeds a gross weight of six thousand five hundred (6,500) pounds such fee shall be twenty-two dollars ($22.00). 2. This ordinance after April 15, 1994. shall be in full force and effect on and ATTEST: City Clerk. MARy F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2.541 SANDRA H. EAKIN Deputy City Clerk April 8, 1993 File #20-24-79-322 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31379-040593 amending and reordaining Section 20-34, Same - Transfer, and Section 20-35, Same - Replacement when lost, Code of the City of Roanoke (1979), as amended, to provide for an increase in the fee for transfer or replacement of the annuai motor vehicle license from $1.00 to $2.00, effective July 1, 1994. Ordinance No. 31379-040593 was adopted by the Council of the City of Roanoke on first reading on Monday, March 22, 1993, also adopted by the Council on second reading on Monday, April 5, 1993. Sincerely, ~L~a.~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Wiliett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Mr. W. Robert Herbert April 8, 1993 Page 2 pc: The Honorable District Court The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ms Mr. Mr. Mr. Mr. Ms. Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations Edward S. Kidd, Jr., Chief Judge, General District Court Julian H. Raney, Jr., Judge, General District Court Richard C. Pattisal, Judge, General District Court Donald S. Caldwell, Commonwealth's Attorney Arthur B. Crush, III, Clerk, Circuit Court Jerome S. Howard, Jr., Commissioner of Revenue Gordon E. Peters, City Treasurer · Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronald AIbright, Clerk, General District Court Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Bobby D. Casey, Office of the Magistrate Clayne M. Calhoun, Law Librarian Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 223§, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1993. No. 31379-040593. AN ORDINANCE amending and reordaining S20-34, Same - Transfer, and S20-35, Same - Replacement when lost, Code of the City of Roanoke (1979), as amended, to provide for an increase in the fee for transfer or replacement of the annual motor vehicle license from one dollar ($1.00) to two dollars ($2.00); and providing for an effective date of July 1, 1994. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 20-34, Same - Transfer, and 20-35, Same - Replacement when lost, Code of the City of Roanoke (1979), as amended, are amended and reordained to read and provide as follows: S20-34. Same - Transfer. Any owner who sells or otherwise transfers a vehicle licensed under the provisions of this article may have the license plate, tag or decal and the registration number thereon assigned, reassigned to another vehicle requiring the same type of plate, tag or decal, owned by the original licensee, or, at his option, to the vehicle sold or transferred. The commissioner of revenue may allow such reassignment upon application to him showing the name and address of the applicant and a description of the vehicle to which the license is to be transferred. The application shall be accompanied by a transfer fee of two dollars $2.00), together with any additional license tax due under this article with respect to the vehicle to be licensed. No refund shall be allowed in the case where the former tax paid exceeds the tax to be paid with respect to the vehicle to which the license plate, tag or decal was transferred. Where such transfer requires the issuance of a different registration number with respect to the license plate, tag or decal, such device previously issued must first be surrendered. S20-35. Same - Replacement when lost. In the event a license plate, tag or decal issued under this article is lost, the owner of the vehicle for which it was issued shall forthwith obtain from the commissioner of revenue a duplicate and shall pay therefor the sum of two dollars ($2.00). 2. This ordinance shall be in full force and effect on and after July 1, 1994. ATTEST: City Clerk.