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Council Actions 05-10-93
FITZPATRICK 31441 REGUIAR WEEKLY SESSION ROANOKE CITY COUNCIL May 10, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend J. Dnane Bitrick, Hope for the Today Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Election to fill two vacancies on the Roanoke City School Board for three year terms, commencing July 1, 1993 and ending June 30, 1996. The following persons were interviewed on Thursday, April 29, 1993: Paul E. Corn Charles W. Day H. Joel Kelly Finn D. Pincus Patricia W. Witten Charles W. Day and Finn D. Pincus were reelected for three year terms of office, commencing July 1, 1993, and ending June 30, 1996. BID OPENINGS Bids for construction of Carvins Cove Phase II Water Improvements, Contract C-1. Four bids were referred to a committee composed of W'flliam White, Sr., Chairperson, Kit B. Kiser and M. Craig Sluss for tabulation, report and recommendation to Council. mo PUBLIC HEARINGS Public heating on the request of 22 Luck Avenue, Inc., that a 10 foot wide alley located between 16 Luck Avenue and 22 Luck Avenue, S. W., described as Lot 8, Official Tax No. 1012707 and Lot 7, Official Tax No. 1012706, as it runs from Luck Avenue to the rear comers of Lots 7 and 8, be permanently vacated, discontinued and closed. Raphael E. Ferris, Attorney. Adopted Ordinance No. 31441 on first reading. (7-0) Public hearing on the request of District Investigation, Inc., on the question of changing existing proffered conditions on property known as Official Tax No. 1271014, said tract of land located at 2311 Sanford Avenue, S. W., known as Lot 13, Block 1, Map of Colonial Heights, and on the question of rezoning from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District, Official Tax No. 1271013, such rezoning to be subject to certain proffered conditions. Barry M. Tatel, Attorney. Adopted Ordinance No. 31442 on first reading. (7-0) Public hearing on the request of HASI Parmership, a Virginia general partnership, on the question of amending conditions previously proffered on the rezoning of a parcel of land located at 3342 Melrose Avenue, N. W., known as Official Tax No. 2660417. W. H. Fralin, Attorney. Adopted Ordinance No. 31443 on first reading. (7-0) 2 Do Public hearing on the request of H & C Partnership that a tract of land lying on the south side of Salem Turnpike, N. W., and being the northeasterly 166 feet, more or less, of Official Tax No. 2640311, the westerly 84 feet, more or less, of Official Tax No. 2640351 and extending back between parallel lines 350 feet, more or less, said tract containing 2.00 acres, such rezoning to be subject to certain proffered conditions, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. W. H. Fralin, Attorney. Adopted Ordinance No. 31a. a.a. on first reading. (7-0) Public heating on the proposed 1993-94 Community Development Block Grant Program. W. Robert Herbert, City Manager. Adopted Resolution No. 31445-051093. (7-0) C-1 CONSENT AGENDA (APPROVED 7-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF C1TY 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. A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and C-2 C-3 C-4 C-5 committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., Chairperson, Roanoke City Council Personnel Committee, requesting an Executive Session to discuss a personnel matter, being the compensation of specific public officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, being the compensation of specific public officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A communication from Mayor David A. Bowers transmitting newspaper articles with regard to the progress made by the City of Charlotte, North Carolina, compared to the City of Richmond, Vir~nia, over the last 25 years. RECOMMENDED ACTION: Receive and file. Referred to the Legislative Affairs Committee and to the City Attorney for preparation of the proper measure. A report of the City Manager with regard to the status of the closure of the Prospect Road Bridge over Prospect Road, the former access road to Mill Mountain. RECOMMENDED ACTION: Receive and file. A communication from John B. Ferguson tendering his resignation as a member of the City Planning Commission, effective immediately. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. 4 C-6 Qualification of Donald C. Harwood as a member of the Architectural Review Board for a term ending October 1, 1995. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting that Council convene in Executive Session to discuss the location of a prospective business when no previous announcement has bccn made of the bus'mess' interest in locating in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 4. PETmONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending acceptance of the bids submitted by Berglund Chevrolet, Inc., in the amount of $30,939.61, and Map Enterprises, Inc., in the amount of $40,383.00, to furnish a bucket truck with forestry body for use by the Grounds Maintenance Department. Adopted Budget Ordinance No. 31446-051093 and Resolution No. 31447-051093. (6-0, Mayor Bowers abstained from voting.) 5 A report recommending acceptance of the bid submitted by The Swanson Corporation, and award of a contract to provide food and beverage concession service at the River's Edge Sports Complex. Adopted Ordinance No. 31448 on first reading. (7-0) 6. REPORTS OF COMMITFEES: None. 7. UNFINISI-IF~D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF be Ordinance No. 31433, on second reading, authorizing the execution of an agreement for purchase and exchange of certain property within and adjacent to the Roanoke Centre for Industry and Technology with Blue Hills Golf Corporation, authorizing the execution of the requisite deed conveying such property, and authorizing the acceptance of such property. Adopted Ordinance No. 31433-051093. (7-0) Ordinance No. 31434, on second reading, authorizing the execution of an agreement for purchase and sale of approximately 17.359 acres of land within the Roanoke Centre for Industry and Technology with Transkrit Corporation, and authorizing the execution of the requisite deed conveying such property. Adopted Ordinance No. 31434-051093. (7-0) 6 Ordinance No. 31438, on second reading, providing for the conveyance of a private access easement across a portion of Tinker Creek Tunnel Inlet property in Botetourt County, and imposing certain terms and conditions upon the Grantee, as more particularly described herein. Adopted Ordinance No. 31438-051093. (7-0) Ordinance No. 31439, on second reading, providing for the donation and release of the City's interest in a strip of land currently being used by the Roanoke Valley Regional Solid Waste Management Board ("RVRSWMB"), upon certain terms and conditions. Adopted Ordinance No. 31439-051093. (7-0) Ordinance No. 31440, on second reading, authorizing the execution of agreements with Appalachian Power Company ("Appalachian") permitting abandonment, relocation, and installation of Appalachian's electric service system to the Carvins Cove Water Treatment Plant basin construction area and to the Carvins Cove Dam, upon certain terms and conditions. Adopted Ordinance No. 31~.~.0-051093. (7-0) A certificate of the Acting Director of Finance advising that funds required for the 1993-94 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Nursing Home Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Utility Line Services Fund, Fleet Maintenance Fund, and School Fund budgets will be available for appropriation. Received and filed. go An Ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted ordinance No. 31449-051093. (7-0) 7 An Ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31450-051093. (7-0) An Ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31451-051093. (7-0) An Ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31452-051093. (7-0) An Ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31453-051093. (7-0) An Ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31454-051093. (7-0) An Ordinance adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31455-051093. (7-0) Oo An Ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31456-051093. (7-0) An Ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31457-051093. (7-0) An Ordinance adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31458-051093. (7-0) An Ordinance adopting the annual Fleet Maintenance Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31459-051093. (7-0) An Ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. Adopted Ordinance No. 31460-051093. (7-0) An Ordinance to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 1993; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor 9 vehicles; repealing Ordinance No. 31000-051192, adopted May 11, 1992, to the extent of any inconsistency; and providing for an emergency and effective date. Adopted Ordinance No. 31461-051093. (7-0) An Ordinance amending and reordaining Section 32-16, Levied; rate, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate from $1.25 on every one hundred dollars of fair market value to $1.23 on every one hundred dollars of fair market value; and providing for an emergency and an effective date. Adopted Ordinance No. 31462 on first reading. (4-3, Vice-Mayor Fitzpatrick and Council Members Bowles and McCadden voted no.) An Ordinance amending and reordaining Section 32-122, Levied; rate, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate and tangible personal property tax rate applicable to public service corporations; and providing for an emergency and an effective date. Adopted Ordinance No. 31463 on first reading. (4-3, Vice-Mayor Fitzpatrick and Council Members Bowles and McCadden voted no.) Vo A Resolution establishing the annual salary of the Director of Real Estate Valuation retroactive to July 1, 1992. Adopted Ordinance No. 31464-051093. (7-0) An Ordinance amending and reordaining Section 32-86, Financial eligibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (c) increasing from $22,000 to $24,000 the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year 10 commencing July 1, 1994; amending current subsection (c) of Section 32-86, Financial eligibility, to redesignate such subsection as subsection (d); and providing for an emergency. Adopted Ordinance No. 31465 on first reading. (4-3, Vice-Mayor Fitzpatrick and Council Members Bowles and McCadden voted no.) 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao 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 CIT~Zl~NS: CERTIFICATION OF EXECUTIVE SESSION. (6-0, Council Member White was absent.) Appointed Sara P. Holland as the City's representative to Project Discovery, Inc. I1 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk May 11, 1993 File #467 Mr. Finn D. Pineus 1116 Winchester Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Pincus: At the regular meeting of the Council of the City of Roanoke held on Monday, May 10, 1993, you were reelected as a member of the Roanoke City School Board for a term of three years, commencing July 1, 1993, and ending June 30, 1996. Please find enclosed a Certificate of your reelection. Your Oath of Office has been forwarded to Dr. Frank P. Tota, Superintendent of Schools, for appropriate handling prior to commencement of your term of office on July 1. You are requested to return one copy of the Oath of Office to me prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke City School Board. Sincerely, ~D~.---~ Mary F. Perker, CMC/AAE City Clerk MFP: sm Eric. pc: Dr. Frank P. Tota, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board Ms. June S. Nolley, Secretary to the Superintendent of Schools MARY F. pA~KF~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk May 11, 1993 File #467 Mr. Charles W. Day 1830 Grayson Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Day: At the regular meeting of the Council of the City of Roanoke held on Monday, May 10, 1993, you were reelected as a member of the Roanoke City School Board for a term of three years, commencing July 1, 1993, and ending June 30, 1996. Please find enclosed a Certificate of your reelection. Your Oath of Office has been forwarded to Dr. Frank P. Tota, Superintendent of Schools, for appropriate handling prior to commencement of your term of office on July 1. You are requested to return one copy of the Oath of Office to me prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke City School Board. Sincerely, f~.A.~- Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board Dr. Frank P. Tota, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board Ms. June S. Nolley, Secretary to the Superintendent of Schools MARY F~ P~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (~03) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #468 The Honorable William White, Sr., Chairperson ) Mr. Kit B. Kiser ) Committee Mr. M. Craig Sluss ) Gentlemen: The following bids for construction of Carvins Cove Phase II Water Improvements, Contract C-1, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993: BIDDER E. C. Pace Co., Inc. Yates Construction Co., Inc. Aaron J. Conner General Contractor, Inc. Dixon Contracting, Inc. TOTAL PROJECT COST $1,485,976.80 1,505,406.78 1,916,185.89 1,992,340.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~~__ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Wilburn C. Dibling, Jr., City Attorney MARY F. PA~KER 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 May 14, 1993 File #60=236 SANDRA H. F~KIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31445=051093 approving the proposed Fiscal Year 1993-1994 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing you or the Assistant City Manager to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing you or the Assistant City Manager to execute the requisite Grant Agreement with HUD. Resolution No. 31445-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Ms. Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Wilburn C. Dibllng, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Ms. Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Mr. William F. Clark, Director, Public Works Mr. John R. Mariles, Chief, Community Planning Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget Mr. Phillip F. Sparks, Acting Chief, Economic Development Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1993. No. 31445-051093. A RESOLUTION approving the proposed Fiscal Year 1993-1994 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing the City Manager or Assistant City Manager to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing the City Manager or Assistant City Manager to execute the requisite Grant Agreement with HUD. WHEREAS, by report dated May 10, 1993, the City Manager has transmitted to this Council for its review and consideration the proposed Fiscal Year 1993-1994 Budget for the Community Development Block Grant Program and the Statement of Community Development Objectives and Projected Use of Funds, and this Council is desirous of approving these documents and authorizing the City Manager or Assistant City Manager to execute them for submittal to the United States Department of Housing and Urban Development; and WHEREAS, Council was briefed on this matter on May 3, 1993, and conducted a public hearing on it on May 10, 1993, and citizen input was received earlier during hearings on January 19, and April 15, 1993. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council approves the Proposed Fiscal Year 1993-1994 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds. 2. to submit The City Manager or Assistant City Manager is authorized the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD) and to execute the grant agreement and any and all understandings, assurances and documents relating thereto, for and on behalf of the City. ATTEST: City Clerk. '93 MAY-5 A9:51 Roanoke, Virginia May 10, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: FY 1993-94 Community Development Block Grant (CDBG) Statement of Objectives submission to HUD for its review and approval. I. Background: ae City Council was briefed May 3, 1993 on recommended CDBG program including $2,076,000 new funds from U.S. Department of Housing and Urban Development (HUD). Citizen input has been received and considered on three occasions: January 19, 1993, April 15, 1993 and this evening, May 10, 1993. C. Current CDBG fiscal year ends June 30, 1993. II. Issues: A. Impact o__n community development of city B. Funding C. Timing D. Citizen participation III. Alternatives: Authorize City Manager to submit FY 1993-94 CDBG Statement of Objectives to HUD for its review and approval. Impact o__n community development in the city would be positive, continuing programs which Council has endorsed in the past, and funding new initiatives to address citizens' concerns. 2. Funding is available from sources as listed: 1993-92 CDBG Entitlement Estimated Program Income Funds transferred Estimated Funds remaining 6/30/93 Non-CDBG matching funds TOTAL BUDGET $2,076,000 $ 508,400 $ 160,945 $ 506,933 $4,402,651 $7,654,929 Members of City Council page 2 Timing is important. The CDBG Statement of Objectives must be submitted as soon as possible to ensure timely receipt of new entitlement funds. Citizen participation has been generally positive on at least two successive occasions. Citizens' comments, suggestions and proposals have been considered as a part of the process to develop the City's final program and budget. Do not authorize City Manager to submit FY 1993-94 CDBG Statement of Objectives to HUD for its review and approval. Impact on community development in the City could be negative if programs are delayed or cancelled. 2. Funding would not be an issue. Timing could be a problem if construction projects, acquisitions or staff salaries are delayed. Citizen participation could be negative if concerns of neighborhood groups and residents are not addressed. IV. Recommendation: It is recommended that City Council adopt Alternative A thereby authorizing the City Manager to submit the CDBG Statement of Objectives to HUD for final review and approval, and authorize the City Manager to execute the grant agreement with HUD on behalf of the City. Upon receipt of program and budget approval from HUD, a report detailing the necessary budget appropriations by program and line item, as well as contracts necessary to carry out the FY 1993-94 program, will be presented to City Council for adoption. Respectfully submitted, W. Robert Herbert City Manager WRH:mtp Members of City Council page 3 CC -' Assistant City Manager City Attorney Acting Director of Finance Director of Public Works Chief of Economic Development Chief of Community Planning Building Commissioner Administrator FDETC Assistant to the City Manager for Community Relations Grants Monitoring Administrator Executive Director, Roanoke Redevelopment & Housing Authority MB:COUNCIL.RPT NOTICE TO THE PUBLIC CITY OF ROANOKE 1993-1994 COg~ITY DEVELOPMENT PROGRAM PUBLIC ~ARING Ail interested groups and individuals are invited to participate at a public hearing on the 1993-1994 Community Development Block Grant (CDBG) Program for the City of Roanoke on Monday, May 10, 1993 at 7:30 p.m. in City Council Chambers, fourth floor of the Municipal Building. The CDBG public hearing is being held in order to obtain citizens' views and comments on the Draft Statement of Objectives and Proposed Use of Funds delineated below. Funds available through Title I of the Housing and Community Development Act of 1974, as amended, are estimated to be as follows: ESTIMATED 1993-1994 SOURCE OF FUNDS CDBG Entitlement Grant $2,076,000 Program Income $ 508,400 Funds from other CDBG projects $ 160,945 Carry-Over grant funds $ 506,933 Leveraged non-CDBG funds (est) $4,402,651 TOTAL $7,654,929 CDBG funds are made available for the planning and execution of eligible projects and activities where the majority of the funds benefit low and moderate income persons. Projects may also aid in the prevention or elimination of slums and blight, or respond to community development needs having a particular urgency. PROPOSED USE OF F%~)S 1993-1994 CDBGPROGRAMYEAR Acquisition of Real Property: 1. Vacant Lot H~mesteading - $20,000 new CDBG funds plus estimated $40,000 carry-over to reimburse some of development costs for new affordable houses City-wide. Public Facilities: 1. Gainsboro Curb & Sidewalks - $17,100 new CDBG funds to rebuild brick sidewalks on Gilmer and Patton Avenues N.E. (between Jefferson St and Lick Run). 2. West End Litter Control - $4,000 in new CDBG funds to provide 10 trash cans for Hurt Park and Mountain View neighborhoods. Clearance: 1. Demolition - $110,000 ($70,000 new CDBG funds and $20,000 estimated carry-over) for demolition of vacant and hazardous buildings in the conservation and rehabilitation areas. 1 Public Se~vices= 1. Emergency Assistance Fund - $70,000 ($45,000 CDBG funds) to provide immediate assistance to low income city residents to avert potential disasters resulting in the disruption of their homes and families. 2. Resource Mothers - $85,900 ($44,000 CDBG funds) for a program to assist pregnant teens. 3. Opportunity Knocks - $265,125 ($25,000 CDBG funds) for the Roanoke Valley Conservation Service Corps to provide work experience, education and training for 35 young people. 4. West End Center - $20,905 new CDBG funds to assist with tutoring program and provide seed money for new summer youth program at 1226 Patterson. 5. YMCA After-School Drop-In Program - $14,800 CDBG funds for after- school program for youth from Gainsboro and Lincoln Terrace neighborhoods; held at YMCA family center at 108 Orange Ave NW. 6. YWCA - Together - $11,740 in new and transferred CDBG funds will match $7,324 from YWCA to provide self-esteem building program for girls. 7. TAP Customized Job Training - $106,352 ($25,000 CDBG funds) to match Job Training Partnership Act funds to provide job training for 65 iow/moderate income persons. 8. Stars C~ Out At Night - $26,000 ($10,000 CDBG funds) provide evening summer recreation program for youth in Washington Park, Fallon Park and Villa Heights Park. Housing Revitalization: 1. Operation Paintbrush - $69,150 CDBG funds to paint the exteriors of 11 houses of low and moderate income families in Belmont, Southeast, Gainsboro, Hurt Park, Melrose-Rugby, Gilmer, Old Southwest neighborhoods. 2. Private Rehab Loan Program - $543,232 ($40,320 CDBG funds) a loan program to purchase and rehab single family homes city wide. 3. Quick ~esponse to Emergencies - $243,040 CDBG funds for grants and no-interest loans to low and moderate income property owners city wide for critically needed repairs to their homes. 4. Emergency Ho~e Repair - $120,000 ($30,000 in new CDBG funds and estimated $20,000 carry-over) to provide grants for emergency repairs to rental property city-wide. 5. C~unit¥ Police Ho~meownership - Rehab - $20,000 in new CDBG funds to match an estimated $40,000 from private sources to provide incentive for police officers to buy and rehabilitate homes in rehabilitation and conservation districts. Code Enforcement: 1. Code Enforcement - $71,923 in CDBG funds - Provides salaries and support costs for two building inspectors to enforce the Building Maintenance Code in all conservation and rehabilitation areas. 2 Historio Prese~v&tion: 1. Downtown Historic Facade Improvement Grants - $90,000 project ($15,000 in new CDBG funds and $30,000 in carry-over) - Rehabilitation matching grant assistance up to $5,000 to property owners in H-1 Downtown Historic District for facade improvements. 2. Gainsboro Enhancement Project II - $91,290 in CDBG funds to move two houses out of the way of the new Wells Avenue alignment near the Hotel Roanoke. 3. Stabilize Old First Baptist Church - $92,200 project ($46,100 in CDBG funds) to provide for continued repairs to historic church at 407 North Jefferson St. 4. Architectural Design Assistance - $2,800 in carry-over CDBG funds to provide schematic design assistance to eligible H-1 and H-2 property owners in the Downtown Historic District and Southwest Historic District. Econ~ic Development: 1. Coca-Cola 108 Loan Repayment - $529,873 CDBG funds will pay the ninth of ten annual repayments to HUD of the $3,015,000 borrowed by the City for the Coca-Cola UDAG. 2. Gainsboro Professional Park - $248,000 project ($38,000 in new CDBG funds and $110,000 in CDBG carry-over) to move two houses at 110 and 111 Wells Ave N.W. and rehabilitate them for professional offices. 3. Deanwood Addition - $11,796 CDBG funds to complete acquisition of a ten-parcel tract of less than one acre fronting on Orange Avenue near Williamson Road. 4. Henry Street Revitalization - $7,783 in CDBG funds to provide support costs for RRHA staff to oversee and maintain the properties on First Street while development plans are being updated. 5. Hotel Roanoke 108 loan payment - $449,317 for the first payment of principal and interest on $6,000,000 loan used in renovation of Hotel Roanoke at 19 North Jefferson Street. 6. Economic Develolxment Investment Fund - $510,000 ($110,000 CDBG funds) to provide a loan or equity pool to assist rehab of eligible historic convnercial properties downtown. 7. Small Business Develolmaent - $169,155 project ($12,000 in new CDBG funds) to provide technical assistance to owners of existing small businesses, city-wide. 8. Western VA Revolving Loan Fun~ - $635,751 ($50,000 new CDBG funds plus an estimated $35,751 in carry-over) to allow for a small business revolving loan fund for portions of greater northwest Roanoke. 9. Micro-Business Loan Pool - $80,000 ($30,000 in CDBG funds to provide very small loans for small businesses as seed money or expansion capital. Special Activities by Subrecipients: 1. L/M Housing Downpa~ment Assistance - Gainsboro - $22,531 in carry- over funds for downpayment and closing cost assistance for the Mapletree Townhouse project on Madison Avenue N.W. 3 Planning~ 1. Neighborhood Plans - $5,000 CDBG funds - Provides printing costs for one neighborhood plan in support of the Roanoke Vision comprehensive plan. 2. Drug and Alcohol Abuse Council - Staff - $26,000 CDBG funds to provide contractual staff support for the follow-up council recommended by the City Manager's Drug Strategy Task Force in Roanoke At Risk. Will coordinate city-wide efforts to combat substance abuse. Program Ackninistration: 1. City Housing Develol~nent Administration - $54,327 CDBG funds - Provides salaries, fringes and related expenses for administration of the City's Housing Development Office. 2. Roanoke Neighborhood Partnership - $128,921 CDBG funds - Provides operating costs for three staff members to assist 22 member neighborhood organizations and three business associations to plan and carry out neighborhood development and improvement projects. 3. Minority Business Network - $1,500 CDBG carry-over funds for start-up costs for a network of minority and women-owned businesses. City-wide. 4. Operation Bootstrap ~xlministration - $26,149 project ($10,939 CDBG funds) to provide administrative support for former "Project Self- Sufficiency", a HUD program to assist single parent families to become self sufficient. 5. Housing Marketing/Vacant House Catalog - $10,475 CDBG carry-over funds -to promote neighborhood revitalization generally and housing rehabilitation particularly. Includes production of an edition of the "Vacant House Catalog". 6. Roanoke Redevelopment and Housing Authority General Administration - $73,772 CDBG funds for supervisory and general administration salaries and benefits for RRHA personnel directly related to the administration and delivery of CDBG projects. 7. City CDBG ~]ministration - $270,257 ($218,820 CDBG funds) Provides operating costs for five-member city Office of Grants Compliance, for monitoring and general administration of the CDBG, HOME, Emergency Shelter Grant programs and other grants. Unprogran~ued Funds: 1. Mini-Grants - $18,750 ($10,000 CDBG funds) A matching grant program by the Roanoke Neighborhood Partnership to provide small grants to qualified neighborhood organizations for neighborhood improvement projects. 2. Neighborhood Develol~uent Grants - $28,000 - (18,000 CDBG funds) funds for larger development grants to neighborhood organizations ranging from $2,000 to $10,000 to carry out community development projects. Direct Ho~eownership Assistance: 1. DownpaI~uent & Closing Cost Assistance - $217,615 in CDBG funds will assist with downpayment and closing costs to eligible home buyers city-wide. 2. Cofl~munit¥ Police H~ownership - Purchase - $25,735 in CDBG funds will assist police officers to purchase homes in the 11 Rehabilitation and Conservation neighborhoods. Of the $1,732,651 CDBG funds expected to be available for projects in the FY 1993-94 budget, $1,237,596 or 71% will fund activities to benefit low and moderate income persons. Copies of the 1993-1994 Draft Statement of Objectives are available for public review in the City Clerk's Office, 4th Floor Municipal Building, the Office of Grants Compliance Room 362, Municipal Building, all City libraries, and the main offices of the Roanoke Redevelopment and Housing Authority, Salem Turnpike. Persons who would like to speak at the hearing are requested to call the City Clerk's office at 981-2541. If you are a person with a disability who needs accommodations to fully participate in this public hearing, or if you would like more information, please contact Marie T. Pontius in the Office of Grants Compliance at 981-2141 or 981-1580 (TDD). Given under my hand this 26th day of April, 1993. Mary F. Parker, City Clerk Display ad to run in the Roanoke Times & World News, section on Thursday April 29, 1993. Bill to: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 "Neighbors" N:BIGAD93.CDB 5 CITY OF ROANOKE'S 1993-1994 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING MONDAY, MAY 10, 1993 7:30 P.M. City Council Chambers, Municipal Building Ail interested groups and individuals are invited to participate at a public hearing on the 1993-1994 Community Development Block Grant (CDBG) Program for the City of Roanoke on Monday, May 10, 1993 at 7:30 p.m. in City Council Chambers, fourth floor of the Municipal Building. Copies of the 1993-1994 Draft Statement of CDBG Objectives are available for public review in the City Clerk's Office, 4th Floor Municipal Building, the Office of Grants Compliance Room 362, Municipal Building, all City libraries, and the main offices of the Roanoke Redevelopment and Housing Authority, Salem Turnpike. Persons who would like to speak at the hearing are requested to call the City Clerk's office at 981-2541. If you are a person with a disability who needs accommodations to fully participate in this public hearing, or if you would like more information, please contact Marie T. Pontius in the Office of Grants Compliance at 981-2141 or 981-1580 (TDD). Given under my hand this 26th day of April, 1993. Mary F. Parker, City Clerk Display ad to run in the Roanoke Tribune, on Thursday April 29, 1993. Bill to: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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 May 10, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB: se DaSd A. Bowe~ Mayor Beverly T. Fitzpatdck, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 May 10, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvi$ O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As Chnlrman of City Council's Personnel Committee, I am requesting an Executive Session to discuss a personnel matter being the compensation of specific public officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. BTFjr:se 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 24011 Telephone: (?03) 981-2541 May 14, 1993 SANDRA H. EAKIN Deputy City Clerk File #23-91-137-450 The Honorable Beverly T. Fitzpatrick, Jr. Co-Chairperson Legislative Affairs Committee Roanoke, Virginia The Honorable William White, Sr. Co-Chairperson Legislative Affairs Committee Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Mayor David A. Bowers transmitting newspaper articles with regard to the progress made by the City of Charlotte, North Carolina, compared to the City of Richmond, Virginia, over the last 25 years, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. On motion, duly seconded and unanimously adopted, the communication was referred to the Legislative Affairs Committee and to the City Attorney for preparation of the proper measure. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Phillip F. Sparks, Acting Chief, Economic Development 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 CIT7 ~- ' '93 t~Y-6 P3:05 May 6, 1993 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I thought you might be interested in the enclosed articles from the Richmond Times- Dispatch about how Charlotte has outpaced Richmond over the last 25 years. Please take time to read the articles. Is it, indeed, possible as the articles suggest that the outmoded concept of independent cities and conservative annexation policies of our Commonwealth has caused us to lag behind the progressive cities of North Carolina? It is a continuing question which Rcanokers and Virginians must consider for we do not want our beloved state or City to be guided by decisions made south of us. I ask that this letter and the articles be made part of the Consent Agenda and, therefore, merely received and filed. Sincerely, David A. Bowers Mayor DAB :jas Enclosures '93 H ¥-5 73 Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia May 10, 1993 SUBJECT: PROSPECT ROAD BRIDGE CLOSURE: MILL MOUNTAIN Dear Members of City Council: I. Background: ae 1989 Annual Bridge Inspection noted an excessive amount of settlement at one of the bridge'abutments for Prospect Road. In addition, the concrete within the structure had deteriorated very badly from excessive amounts of water. Based on a subsequent visit, several months later, staff elected to close the bridge based on continued, rapid deterioration of the structure resulting in a safety risk to the motoring public. City Council was notified of this matter by the attached letter dated December 26, 1989. Engineering staff surveyed the area around the bridge and developed two (2) alternative solutions. The first alternative is to replace the existing bridge with a new bridge at a cost in excess of $350,000.00. The second alternative consists of removing the existing bridge and re-aligning Prospect Road to a standard "switch back" at a cost of approximately $200~000.00. A committee of City staff members met in January 1990 to review the alternatives with cost estimates. The committee recommended that the road remain closed to vehicular traffic, and the road realignment project be placed on the bridge replacement program with a very low priority. II. Current Situation: A. Recent events such as the sale of Stoneleigh and the landslide on the Fishburn Parkway has renewed inquiries into the status of the Prospect Road Bridge. Honorable Mayor and Members of City Council RE: Prospect Road Bridge Closure: Mill Mountain Page 2 City staff continues to believe that the realignment of Prospect Road is a low priority capital improvement project in light of more pressing needs such as Walnut Avenue Bridge over Roanoke River Replacement and over $121000~000.00 in higher priority bridge maintenance needs. This is an informational report, required. WRH/JAP/fm cc: City Attorney Director of Public Works Director of Public Safety City Engineer and no Council action is Respectfully submitted, W .~ob'er~ e~rber!~ City Manager Office of the Ci~ Manager December 26, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As parc of this year's annual bridge inspection for Prospect Road Bridge over Prospect Road (former access road to Mill Mountain~ our consul:an: has strongly recommended chat the City close this bridge until rehabilitation or reconstruction takes place. This recommendation is based, in large part, on some unusual settlement near one of the abutments. Based on this recommendation, I have directed that this bridge be closed until such time aa our staff can formulate a recommendation for its replacement or abandonment. I ~ll report back to Council for final action on recommen- dation. ! am happy to note that through our annual inspection program, we were able to take appropriate actions prior to a catastrophic event. Access :o all homeowners on Prospect Road will be maintained while this bridge is closed. Please note attached location map. Respectfully submitted, ~. Robert Herbert City Manager CC: Director of Finance City Attorney Director of Public Works Director of Administration and Public Safety City Engineer Construction Cost Technician Room 364 Mun~alx~t Bu,din9 215 Church Avenue $ W Ro~noRe V~rg~n,a 24011 (703) 981-2333 WOO1 AVE MA HER FIELD VI~ 'ADIUM ~'0 U TH ROAI~ PARK W~ LN 4,~ HOSPI TA L L MOUNTAI ¥ RK ~7 MILL MOUNTAI ~ Y "'.~/// MARY F. PAincl~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Rmmoke, Vtr~ia 24011 Tel.,hone: (70~) 981-2541 May 14, 1993 SANDRA H. EAKIN Deputy City Clerk File #15-110-200 Mr. John B. Ferguson 302 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Ferguson: Your communication tendering your resignation as a member of the City Planning Commission, effective immediately, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. On motion, duly seconded and unanimously adopted, the communication was received and filed and your resignation was accepted with regret. The Members of City Council requested that I express their sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Planning Commission. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission JOHN B. FFRCKBON L;l T ", ,~ ' : ATIE)RNEY AT tAW ROANOKE, VIRGINIA '93 P3:33 703/344 2017 302 WASHINGTON AVENUE, SXV. 703/344-6039 May 3, 1993 HAND DELIVERED The Honorable David A. Bowers and Members of the Council of the City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: As you may be aware, I have recently been appointed by the Circuit Court Judges to fill the existing vacancy in the Juvenile & Domestic Relations District Court for the 23rd Judicial District of Virginia. As a result of that appointment, I respectfully request that you accept my resignation from the Roanoke City Planning Commission effective immediately. I am most grateful for the faith you placed in me by allowing me to serve on the Commission and will miss the wonderful people on the Commission and the City staff who work tirelessly to serve our community. You should be very proud of the work they perform and the competence they exhibit. Thank you again and my very best wishes to all of you. Very truly yours, John B. Ferguson JBF:eag pc: Mr. John R. Marlles, Agent Office of Community Planning MARY F. PARKER City Clerk, CMC/AA~ CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Av~u~, S.W., P~c~m 456 Roanoke, V'~inia 24011 Telephone: (703) ~1-2~1 SANDRA H. EAKIN De~ut y City Clerk May 14, 1993 File #15-110-249 Mr. W. L. Whitwell, Chairperson Architectural Review Board 1255 Keffield Street, N. W. Roanoke, Virginia 24019 Dear Mr. Whitwell: This is to advise you that Donald C. Harwood has qualified as a member of the Architectural Review Board, for a term ending October 1, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Ms. Evelyn S. Gunter, Secretary, Architectural Review Board 0-2 ~ITY .... " Oath or Affirmation o.~f3 Office I, Donald ¢. Harwood , do ~lem~17 ~we~ (o~ ~) ~ wilt support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Architectural Review Board for a term ending October 1, 1995. according to the best of my ability. Subscribed and sworn to before me, this So help me God. /, :)day , Deputy Clerk RECE!',,-~, May 10, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Re: Reouest for Executive Session Dear Mayor and Members of Council: This is to request that City Council convene in Executive Session to discuss the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, pursuant to Section 2.1-344(A) (5), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/dh CC: Ms. Mary F. Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Phillip F. Sparks, Acting Chief, Economic Development MARY F. City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 T~lephon~: (~03) SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #183-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31447-051093 accepting bids submitted by B ergiund Chevrolet, Inc., in the amount of $30,939.61, and Map Enterprises, Inc., in the amount of $40,383.00, to furnish one new 27,000 G.V.W. cab]chassis and one new tree trimming aerial device to be mounted on the above cab/chassis for use by the Grounds Maintenance Department; and rejecting all other bids received by the City. Resolution No. 31447-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Lynnis B. Vernon, Acting Manager, Parks and Recreation/Grounds Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PAl~ Klear City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virainia 24011 Telephone: ('/03) 981-2541 SANDBA H. F~N Deputy City Clerk May 14, 1993 File #183=472 Mr. Ralph Burchett Sales Representative Berglund Chevrolet, Inc. P. O. Box 12608 Roanoke, Virginia 24027 Mr. Ronald Satterfield Sales Administrator Map Enterprises, Inc. P. O. Drawer 3097 Burlington, North Carolina 27216 Gentlemen: I am enclosing copy of Resolution No. 31447-051093 accepting bids submitted by B ergiund Chevrolet, Inc., in the amount of $30,939.61, and Map Enterprises, Inc., in the amount of $40,aaa.00, to furnish one new 27,000 G.V.W. cab/chassis and one new tree trimming aerial device to be mounted on the above cab/chassis for use by the Grounds Maintenance Department; and rejecting all other bids received by the City. Resolution No. 31447-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 199a. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. 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 May 14, 1993 File #183-472 Aerial Devices, Inc. Aerial Lift, Inc. Altec Industries, Inc. Baker Equipment Engineering Co. Magic City Motor Corporation Virginia Truck Center, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 31447-051093 accepting bids submitted by Berglund Chevrolet, Inc., in the amount of $30,939.61, and Map Enterprises, Inc., in the amount of $40,383.00, to furnish one new 27,000 G.V.W. cab/chassis and one new tree trimming aerial device to be mounted on the above eab]ehassia for use by the Grounds Maintenance Department; and rejecting all other bids received by the City. Resolution No. 31447-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 10th day of Ma3, 1993. No. 31447-051093. A RESOLUTION accepting bids for certain vehicular equipment, and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, each item: Quantity and Description at the purchase prices set out with Successful Purchase Bidder Price One (1) New 27,000 G.V.W. Cab/Chassis One (1) New Tree Trimming Aerial Device to be mounted on above Cab/Chassis Berglund Chevrolet, Inc. Map Enterprises, Inc. $ 30,939.61 $ 40,383.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk. MARY F. PARY~R 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 May 14, 1993 File #60-183-361-472 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Griaso: I am attaching copy of Ordinance No. 31446-051093 amending and reordaining certain sections of the 1992-93 Genorai and Internal Service Fund Appropriations, providing for appropriation of $71,323.00 from the Capital Maintenance and Equipment Replacement Program to Fleet Management, in connection with purchase of a bucket truck with forestry body for use by tho Grounds Maintenance Department. Ordinance No. 31446-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~dl.~X~-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Lynnis B. Vernon, Acting Manager, Parks and Recreation/Grounds Mr. Kit B. Kiaer, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th day of May, 1993. No. 31446-051093. AN ORDINANCE to amend and reordain certain sections of the 1992-93 General and Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General and Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund AnDroDriations Nondepartmental Transfers to Other Funds (1) ....................... Fund Balance Capital Maintenance Equipment Replacement Program - City Unappropriated (2) .................. $ Internal Service Fund A ro i tions Fleet Maintenance $ Capital Outlay (3) ................................. Revenue Operating Supplement General Fund (4) .............. $ $ 12,915,551 11,216,243 654,887 3,177,999 1,279,494 256,754 1) Transfer to Internal Service Fund 2) CMERP - City 3) Vehicular Equipment 4) Operating Supplement General Fund (001-004-9310-9506) (001-3323) $ 71,323 (71,323) (006-050-2641-9010) 71,323 (006-020-1234-0951) 71,323 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. RECEI~ ? f.:ITY c'~ ? Roanoke, Virginia May' 10,, 1993 '93 N[~Y-5 A9:57 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to purchase Bucket Truck with Forestry Body Bid No. 93-3-2 I. Background Capital Maintenance and Equipment Replacement. Proqram has identified the need for a Bucket Truck with Forestry Body for Grounds Maintenance Department. Specifications were developed and along with Request for Quotation were sent to twenty-six (26) vendors. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received after due and proper advertisement, until 2:00 p.m. on March 19, 1993, at which time all bids appropriately received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation A. Eight (8) bid responses were received. Bid tabulation is attached. Ail bids were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Grounds Maintenance General Services C. Evaluations are as follows: Item #1 - One (1) new 27,000 G.V.W. Cab/Chassis for Tree Trimming Aerial Device. The lowest bid, submitted by Berglund Chevrolet, Inc. meets all required specifications for the cost of $30~939.61. Bucket Truck with Forestry Body Bid No. 93-3-2 Page 2 III. IV. Item #2 - One (1) New Tree Trimming Aerial Device to be mounted on Cab/Chassis. The lowest bid, submitted by Altec Industries, Inc. took exception to Device gear requirement, hydraulic cylinder requirement and leveling system requirement. These exceptions are substantial and cannot be waived as informalities. The second lowest bid submitted by Aerial Devices, Inc. took exception to hydraulic cylinder requirement. This exception is substantial and cannot be waived as an informality. The third lowest bid, submitted by Baker Equipment Engineering Company took exception to front mounted hydraulic pump. This is substantial and cannot be waived as an informality. The fourth lowest Enterprises, Inc. specifications for $407383.00. bid, submitted by Map meets all required the total cost of Issues A. Need B. Compliance with specifications C. Fund availability Alternatives A. Accept the lowest responsible bids as follows: One (1) New 27,000 G.V.W. Cab/Chassis from Berglund Chevrolet, Inc. for the total cost of $30~939.61. One (1) New Tree Trimming Aerial Device, to be mounted on above Cab/Chassis, from Map Enterprises, Inc. for the total cost of $40~383.00. Bucket Truck with Forestry Body Bid No. 93-3-2 Page 3 Need The equipment requested is necessary to perform some duties of Grounds Maintenance in the safest and most efficient and effective manner. Compliance with specifications Units recommended in this alternative meets all required specifications. Fund availability - Designated Funds are available in the Capital Maintenance and Equipment Replacement Program. B. Reject all Bids Need - some assigned duties of the Grounds Department would not be accomplished in the safest and most efficient and effective manner. Compliance with specifications would not be a factor in this alternative. Fund availability Designated Funds would not be expended under this alternative. Recommendation Council concur with alternative "A" - accept the lowest responsible bids for equipment as follows: One (1) New 27,000 G.V.W. Cab/Chassis from Berglund Chevrolet, Inc. for the total cost of $30,939.61. One (1) New Tree Trimming Aerial Device, to be mounted on the above Cab/Chassis, from Map Enterprises, Inc. for a total cost of $40~383.00. B. Reject all other Bids Bucket Truck with Forestry Body Bid No. 93-3-2 Page 4 cc: Appropriate $71~322.61 from Capital Maintenance and Equipment Replacement Program to Fleet Management Account 006-052-2641-9010 to provide for this purchase. Sincerely, City Manager City Attorney Director of Finance Management & Budget U c) biARY F. City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 C~urch Avenue, S.W., Room 4~6 Roanoke, Vir~hlia 24011 Telephone: (?0~) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #2-28-166-169-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31438-051093 providing for conveyance of a private 20 feet wide driveway access easement across the easterly edge of the City- owned Tinker Creek Tunnel Inlet property in Botetourt County to Thomas E. Woody, and imposing certain terms and conditions, as more particulariy described in a report of the Water Resources Committee under date of May 3, 1993. Ordinance No. 31438- 051093 was adopted by the Council of the City of Roanoke on first reading on Monday, May 3, 1993, also adopted by the Council on second reading on Monday, May 10, 1993, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP: sm Eno. pc: Mr. Thomas E. Woody, P. O. Box 133, Daleville, Virginia 24083 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 10th day of May, 1993. No. 31438-051093. AN ORDINANCE providing for the conveyance of a private access easement across a portion of Tinker Creek Tunnel Inlet property in Botetourt County, and imposin~ certain terms and conditions upon the Grantee, as more particularly described herein. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized and empowered to execute and attest, respectively, on behalf of the City, the proper instrument conveying to Thomas E. Woody a private twenty (20) feet wide driveway access easement across the easterly edge of the City owned Tinker Creek Tunnel Inlet property in Botetourt County, as more particularly described in the report to Council dated May 3, 1993, said instrument to be in a form approved by the City Attorney and to include those terms and conditions set forth in the report to Council dated May 3, 1993. ATTEST: City Clerk. '93 Roanoke, Virginia May 3, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Driveway Access Easement Across City- Owned Property - Tinker Creek Tunnel Intake Property The attached report was considered by the Water Resources Committee at its meeting on April 26, 1993. The Committee recommends that Council grant a driveway access easement to Thomas E. property report. ETB:KBK:afm Attachment cc: Woody across the City's Tinker Creek Tunnel Inlet in accordance with conditions stated in the attached Elizabeth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Water Department Mr. T. E. Woody, P. O. Box 133, Daleville, VA 24083 INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: April 26, 1993 Members, Water Resources Committee Kit B. Kiser, Director, Utilities & W. Robert Herbert--, ~ity Manager DRIVEWAY ACCESS EASEMENT ACROSS CITY-OWNED PROPERTY TINKER CREEK TUNNEL INTAKE PROPERTY Operations I. Background: Tinker Creek Tunnel Intake was placed in 1964 to divert surplus storm water from Tinker Creek in Botetourt County to Carvins Cove Reservoir. A 4.619 acre parcel was acquired which borders, on its easterly side, the Norfolk Southern Railway's (NS) Loan Star Branch Line which is fenced (see attached map). II. Current Situation: Request for a twenty (20) foot wide driveway access easement, parallel to the NS right-of-way fence, across the easterly edge of the City parcel, has been received from Thomas E. Woody, who owns the property immediately to the south adjoining the City property. This is the shortest, most reasonable way to access his property on which he intends to build a residence. A new fence along the westerly side of the proposed easement will be provided by Mr. Woody, built to conform to City standards established to maintain the security of the City's property. Maintenance of the existing twenty (20) foot wide access road across the northerly and northwesterly edge of the J. T. Woody property, which now gives access to the City's property and will be used for access by Mr. Thomas E. Woody, will become a Joint responsibility of the City and Mr. Woody once he begins use of it. Water Resources Committee Re: Driveway Access Easement Across City-Owned Property Tinker Creek Tunnel Intake Property Page 2 III. Issues: A. Need B. Timing C. Cost to City IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a deed of easement granting Mr. Thomas E. Woody a twenty (20) foot wide driveway access easement across the easterly edge of the City-owned Tinker Creek Tunnel Inlet property in Botetourt County under certain terms and conditions outlined in Item II (above), deed to be prepared by petitioner and to include provisions indemnifying and holding harmless the City against claims relating to use of such easement and setting forth the terms and conditions outlined in Items II B & C and in a form approved by the City Attorney. 1. Need by petitioner for access to his property is met. Timing to permit petitioner to begin construction of access to future residence as soon as possible is met. 3. Cost to City is zero. Committee not recommend to City Council that it authorize an access easement across the City's Tinker Creek Tunnel Inlet property: 1. Need by petitioner for access to his property not met. 2. Timing to permit quick start of construction not met. 3. Cost to City is zero. Water Resources Committee Re: Driveway Access Easement Across City-Owned Property Tinker Creek Tunnel Intake Property Page 3 Recommendation: Committee recommend to City Council that it grant a driveway access easement to Thomas E. Woody across the City's Tinker Creek Tunnel Inlet property in accordance with Alternative "A". KBK/RVH/fm Attachment cc: City Attorney Acting Director of Finance Manager, Water Department Mr. T. E. Woody, P.O. Box 133, Daleville, VA 24083 MARY Fo 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. EAKlN Deputy City Clerk May 14, 1993 File #2-166-207-450-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31433-051093 authorizing execution of an agreement for purchase and exchange of two parcels of land containing a total of approximately 1.291 acres within the Roanoke Centre for Industry and Technology in exchange for the conveyance by Blue Hills Golf Corporation to the City of a parcel of land containing approximately 0.369 acres adjacent to the Roanoke Centre for Industry and Technology; authorizing execution of the requisite deed conveying such property; and authorizing acceptance of such property. Ordinance No. 31433- 051093 was adopted by the Council of the City of Roanoke on first reading on Monday, May 3, 1993, also adopted by the Council on second reading on Monday, May 10, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: 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 Mr. Kit B. Kiser, Director, Utilities and Operations Mr. pbillip F. Sparks, Acting Chief, Economic Development Mr. E. Douglas Chittum, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The lOth day of May, 1993. No. 31433-051093. VIRGINIA, AN ORDINANCE authorizing the execution of an agreement for purchase and exchange of certain property within and adjacent to the Roanoke Centre for Industry and Technology with Blue Hills Golf Corporation, authorizing the execution of the requisite deed conveying such property, and authorizing the acceptance of such property. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an agreement for purchase and exchange with Blue Hills Golf Corporation ("Blue Hills"), providing for the conveyance by the City to Blue Hills of two parcels of land containing a total of approximately 1.291 acres within the Roanoke Centre for Industry and Technology in exchange for the conveyance by Blue Hills to the City of a parcel of land containing approximately 0.369 acres adjacent to the Roanoke Centre for Industry and Technology, such agreement to be in substantially the form attached to the City Manager's report to this Council dated May 3, 1993; such agreement to be approved as to form by the City Attorney. 2. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property, as well as any other documents necessary to consummate the conveyance, such deed and documents, if any, to be approved as to form by the City Attorney. 3. The City Manager and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, any documents necessary to accept the conveyance of the above described property from Blue Hills, such documents, if any, to be approved as to form by the City Attorney. ATTEST: City Clerk. '93 May 3, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Transkrit Corporation land sale agreement/Roanoke Centre for Industry and Technology (RCIT) Site 6A I. BACKGROUND: Transkrit Comor~tion, a printer of business forms, has chosen to relocate its corporate headquarters and manufacturing plant from Brewster, New York to a 17.359 acre site in the RCIT. ~ will be 110,000 square feet with the capability of expanding to 160,000 square feet. This represents an investment of approximately $9.25 million in building and equipment. Co ]~itg[tllll~O2~l~ will be 175 with an increase of 50-60 employees as the facility expands. Apolication for Industrial Access Road F~nd~ has been made by the City for the improvement and extension of Blue Hills Circle, N.E. to serve the new facility. II. CURRENT SITUATION: Agreement for purchase and sale of land has been negotiated with Transkrit. Major terms of the agreement are (Exhibit 1): Sale price of the 17.359 acres is $260.40t) (,~O~W,~g~O. Consideration, i.e., deposit of $10.000 will be made to the City by Transkrit. The purchase price will be reduced at the date of closing by the cost of site work necessary to excavate and compact the 110,000 square foot building pad and one-half the cost of the 60,000 square foot expansion pad. If construction has not begun within three years on the expansion, the cost of site work on the expansion pad will be reimbursed to the City by Transkrit. Utilities (water, sewage disposal, storm drainage, electricity, gas and teleph~one) shall be made available to the boundary of the property at no cost to Transkrit. The City shall screen the mobile home park on property contiguous to Site 6A in a manner deemed appropriate by the City. B. Survey of the new Site 6A has revealed the following: Blue Hills Golf Club is encroaching on .294 acres of City property. (Parcel A, Exhibit 3). Blue Hills Golf Club entranceway (.997 acres) is located on City property. (Parcel B, Exhibit 3). Transkrit desires Parcel C, Exhibit 3 (.369 acres), which is Blue Hills Golf Club's property, for their site development. Agreement (Exhibit 2) with Blue Hills has been negotiated stating that the City will exchange Parcels A & B with Blue Hills in return for Parcel C. A satisfactory_ Phase I Environmental Re~or~ has been received by the City on the entire 17.359 acre Site 6A. 2. No monetary_ consideration will be given either party. HI. ISSUES: A. Timing,. B. mi D mn. C. Funding. IV. ALTERNATIVES: Authorize the City Manaeer to execute a contract in a form approved by the City Attorney for the sale of a 17.359 acre site (Site 6A) in the RCIT. (Exhibit 1). Authorize the City Manager to execute a contract in a form approved by the City Attorney for the exchange of 1.291 acres of City property for .369 acres of property currently owned by Blue Hills Golf Club. ~ to execute a deed of conveyance of property to Transkrit. · Authorize the Mayor to execute a deed of conveyance of property to Blue Hills. Timing is important in that Transkrit has set January 1, 1994 as a target date for completion of the new facility. Economic Development proeram will be enhanced by the creation of 175 new !obs and a $9.25 million investment. Funding for the project will be provided by money in existing Capital Fund Account g008-052-9629-9003 entitled RCIT Addition-Property, and the net proceeds from the sale of the property which will be appropriated to this account at a later date. ~ the City Manager to execute a contract in a form approved by the City Attorney for the sale of a 17.359 acre site (Site 6A) in the RCIT. (Exhibit 1). · Do not authorize the Mayor to execute a deed of conveyance. Do not authorize the City Manager to execute a contract in a form approved by the City Attorney for the exchange of 1.291 acres of City property for .369 acres of property currently owned by Blue Hills Golf Club. · Do not authorize the Mayor to execute a deed of conveyance. 1. Timing for Transkrit will not be met. Economic Develooment program will not be enhanced and the opportunity for new jobs and new investment will be missed. 3. Funding will not be an issue. V. RECOMMENDATION: Recommend Alternative A to Authorize the City Manager to execute a contract in a form approved by the City Attorney for the sale of a 17.359 acre site (Site 6A) in the RCIT. (Exhibit 1). Authorize the City Mangger to execute a contract in a form approved by the City Attorney for the exchange of 1.291 acres of City property for .369 acres of property currently owned by Blue Hills Golf Club. Authorize the Mayor to execute a deed of conveyanceof property to Transkrit. ~ to execute a deed of conveyance of property to Blue Hills. Respectfully submitted: W. Robert Herbert City Manager WRH/EDC:kkd cc: City Attorney Acting Director of Finance Director of Public Works Manager of Management and Budget City Engineer Director of Utilities DRAFT EXHIBIT 1 Section 3.1 (d)(e) has been deleted. Satisfactory environmental reports have been received by the City and Transkrit. AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT is made and entered into as of the day of , 1993, by and between THE CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("Seller") and Transkrit Corporation, a corporation organized and existing under the laws of the State of New York ("Buyer"). WHEREAS, Seller is desirous of selling certain property and Buyer is desirous of acquiring said property upon the terms and conditions set forth hereinbelow. WI-/I:.I~:AS, Buyer presently intends to consmsct within the Roanoke Centre for Industry and Technology ('RC1T') in the City of Roanoke, Virginia, a business form printing and manufacu~ plant of approximately 110,000 square feet, to employ approximately 70 persons, which plant is expected to be operational by the fourth quarter of 1993 or the first quarter of 1994, and which will represent an invesunent of approxima~ly $8,000,000.00 by Buyer. NOW, TI-IEI~-~ORE, for and in consideration of the Deposit (as hereinafter defined), the mu-,*l covenmm and conditions hereinafter set forth and other good and val-*hle consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Buyer and Seller hereby agree as follows: ARTICLE I Unless the context otherwise specifies or requires, for the purposes of this Agreement, the fotlowing terms shall h~ve the meanings set forth in this Article I: Section 1.1 ~J.gatiflg_l~. The term "Closing Date" shall mean the date prov!ded for in Section 5.4 hereof for the Closing (as hereinafter defined). Section 1.2 ~.1~. The term "Contemplated Use" shall mean the construction and operation by the Buyer upon the Property of a facility for the manufacture and printing of business forms, as shown on the Preliminary Site Plan. Section 1.3 ~Fa~..~ill~. The term "Improvements" shall mean any and ail improvements, and all appurtenances thereto, located on the Land. Section 1.4 Idlid. The Term ~Land' shall mean the real property comprising approximately 18.25 acres and being designa~l Parcel 6A on the attached plan denominated Exhibit A and prepared by the city of Roanoke city Engineer and being a part of Parcel 6 as shown on that certain plat of survey described as , Roanoke Centre for Industry and Technology", dated and t~n'ded on, in Map Book , Page _ in Ih~ Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The ~'m 'Land' shaU also include rights of ingress and egress, in accordance wifla the Prel/minary Site Plan. 2 Section 1.5 Plant. The term "Plant" shall mean the Buyer's approximately 110,000 square foot printing plant to be constructed on the Land as designed by the Buyer's architect, and shall include all equipment, utilities and operational components thereof. Section 1.6 ~;~R~t_,~.I~. The term "Preliminary Site Plan" shall mean' that Preliminary Site Plan dated , provided to each party prior to the execution of this Agreement, a copy of which is attached hereto as Exhibit B. Section 1.7 Pro_hetty. The term "Property" shall mean the Land and the Improvements, Section 1.8 ' ' v . The term "Restrictive Covenants~ shall mean those restrictive covenants set forth in that certain Deed of Restriction Roanoke Cen~e for Indusl~y and Technology dated December 5, 1983, executed by the City of Roanoke and recorded at Dc~ Book 1495, Page 1797 in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. Section 1.9 ~IIlY.~. The ~erm *Survey' shall mean a current, certified plat of survey of the I. and showing all existing cons~'uction, all boundary lines, easements, set-back Iequi~m~n~, pm'king areas, encroachments, and such other conditions as might be expec~ to be shown on & plat prepared by a professional cetlified engineer for lender approwl. 3 Section 1.10 T. jll.~2II~ilgl~t. The term "Title Commitment" shall mean a commitment for title insurance in favor of Buyer for the Land and Improvements to be issued by Title Company. Section 1.11 ~. The term "Title Company" shall mean any nationally recognized title insurance company acceptable to Buyer. ARTICLE H PURCHASE AND SALE OF THE PROPERTY Section 2.1 ]~lg~aa~lf~latL~l~. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller upon all of the terms, covenants and conditions set forth in this Agreement. Section 2.2 ~rc~ P~. The purchase price for the property (the "Purchase Price') shall be fifteen thousand dollars ($15,000.00) multiplied by the number of acres (rounded to the nearest 1/100th of an acre) in the Land, as determined by the Survey, net of credits against the Purchase Price as provided in Sections 3. l(d) and 4. l(g), and shall be payable by certiflzd check or wire Iransfer on the Closing Date in accordance 4 ARTICLE CONDITIONS TO AGREI~MENT Section 3.1 ~,~i9~[~11. Buyer's obligation to purchase the Property or otherwise to perform any obligation provided in this Agreement shall be expressly conditioned upon the fulfillment to the Buyer's reasonable satisfaction of each of the following conditions precedent: (a) The due performance by Seller of each and every undertaking and agreement to be performed by Seller hereunder, except 4.1 (f) insofar as it contemplates construction of a road and access which shall not have been completed or fulfilled as of the Closing Date, and the troth, in all material respects, of each representation and warranty made in this Agreement by Seller at the time the same is made and on the Closing Dam; Co) The delivery to Buyer on the Closing Date of title to the Property as prescribed in Section 5.1 below, the issuance of the Title Policy referred to in Section $.3 below and the fulfillment of each of the other ~onditions contained in this Section 3.1 and in Article V below; (c) Tbe delivery to Buyer of the most recent lax bills or notices affecting the Property and notice~ of any new tax bills or assessments affecting the Property increasing such ut,xzs or assessments over those in effect as of the date hereof, including, without limilalion, any and ail assessment notices, whether special or general, city, county, stll~ lind otherwise~ (d) A determination by Buyer or Buyer's agents at Buyer's sole cost and expense, that the soil and environmental conditions, topography and contours of the Land are acceptable to Buyer for the development and urili?ation of the Land for the Contemplated Use. Buyer or its agents or employees shall have the right and privilege, during normal business hours during the term of this Agreement and prior to the Closing Date, of going upon the Property as needed, to inspect, test, examine, survey or make test borings, soil bearing tests or other engineering, environmental or landscaping tests or surveys or observations or studies which Buyer may deem necessary; provided, however, Buyer expressly agrees to indemnify and hold Seller harmless against any claim, damage or injury arising out of Buyer's or its agents' or employees' actions under this paragraph and to indemnify and hold Seller harmless against any loss or damage to the Property. The Seller has undertaken to provide $4,000 toward the costs of Buyer's determinations and will credit the same against the Purchase Price; and (e) Receipt by Buyer at Buyer's expense of a report by a qualified civil engineering firm (th~ 't~-.-.se I' Survey) in scope, form and content satisfactory to Buyer indicafi~ fl~t th~ anvironmental conditions of the Land a~ in compliance with all appli~bl~ I~w~ and re~ulzfions, ff the nature of any environmental problem revealed in the initial ~ I Survey has no adverse effect on the Buyer's ability to go forward with its proposed construction project and if the remedy for the defect is, in the Buyer's sole opinion, reasonably obtainable, then the Seller~may hi~e~at)-.t~a-oa~ 6 t~'~o~ ao.,= t,~ ~-~,¢~, the problem at i~ sole cost ~d d~ver (at i~ ='"" -~ sole cost) = env~o~en~ as.ssment upon w~ch ~~may r~ ~ If, on ~e .... o~er h~d, ~e problem is, ~ ~e Buyer's sole op~on, a se~ous problem, ~en if it is not remedied by ~y 1, 1993, ~e Buyer s~ ~ve no ~er ob~ga~on under ~is con~ct ~d i~ deposit sh~ ~ ~mm~. Sec~on 3.2 ~, Buyer ~y, at ~y ~e or ~es on or befo~ ~e Closing Da~, at i~ election, w~ve ~y of ~e fo~go~g condi~ons ~ whig, ~d Buyer's eonsu~fion of ~e ~c~on on ~e Clos~g Dam s~ w~ve ~ such condi~ons. No such w~ver s~ ~u~ ~e ~gh~ or ~m~ies of Buyer by r~on of ~y breach of ~y unde~g, ~ment, ~ or ~p~nmfion of Seller he.under. ~cfion 3.3 ~. ~ &e event ~y of ~ lo.gong conditions except 3.1(d) ~ 3.1(e) or o~r eo~ifions to ~s Ag~nt, exit ~cfion 4.1(~ ~sof~ ~ it con~mp~s ~ ~on of a r~ ~ ac~ w~ch s~ not have ~en eomple~ ~ ~ ~ of ~ Clos~ ~, w~ch ~ for ~ ~fit of Buyer ~e not ~ on or ~ ~y 1, 1~3 or ~vM ~t m ~fion 3.2 ~ove, Buyer, at i~ e~cfi~ by ~ nofi~ given m ~Her, ~y ~m ~ ~ment ~d be ~1~ ~ ~ ~s ~u~r. ~ such even~ ~ ~Her s~ ~mly ~mm ~ ~ m Bu~, ~ ~ d~u~n~ de~ve~ by Buyer or ~Her purs~t m ~ ~t ~ ~ ~ u~ ~ m ~ ~ on who~ ~ ~ey ~ de~ve~ ~ ~ ~nt ~ ~ null ~ void ~ of no ~er force ~d e~ct. 7 Section 3.4 Option to Purchase in Event of No Construction. If, after the expiration of three (3) years from the date of closing, Transkrit or its successor in interest shall not have begun in good faith the actual construction of the Plant or a modified plant design acceptable to the Seller on the property, the Seller shall the right and option to refund to the then record property owner the amount of the original purchase price paid to the Seller; whereupon the then record property owner shall forthwith convey the Property back to the Seller, all as required by the Resu'ictive Covenants at Section 8 thereof. ARTICLE IV COVENANTS AND WARRANTII:-q Section 4.1 Seller's Exoress Warranfie,~. In addition to any representations and warranties contained elsewhere in this Agreement, Seller hereby makes the following representations and warranties, each of which representations and warranties (i) shall survive the consummation of the lnmsaction contemplated herein as provided in Section 4.2 hereof, (ii) is malerial and being relied upon by Buyer, ('tii) is true in all respects as of the date hereof, and (iv) shall he Irue in aU respects on the Closing I~te: (a) Buyer ~ acquLre hereunder the entire right, title and interest in and to the Property, subject only to the Conditions of Title described in Section 5.1 below. 8 (b) With the exception of a small parcel to be conveyed to the Seller by Blue Hills Golf Club, Seller has and will convey tide to the Property (including that small parcel to be conveyed to the Seller by Blue Hills Golf Club) free and clear of all liens, covenants, conditions, restrictions, rights of way, easements and encumbrances of any kind or character whatsoever, except the Conditions of Title described in Secti{~n 5.1 below. Without limiting the generality of the foregoing, there are no encroachments on the Land by adjoining property or improvements, there exist no encroachments on any adjoining property, easements or public or private streets and none of the easements included in the Conditions of Title, if any, has interfered with or will interfere with, or be breached by, or as a result of, the use or operation of the Property for the Contemplated Use. Nothing contained in the form of deed by which the Property is conveyed by Seller to Buyer shall be in limitation of the foregoing wa.rranty. (c) The use of the Property for a facility for the manufacture and printing of business forms is authorized by and in compliance with ali existing zoning and land-use laws, ordinances, mlas and regulations applicable to the Property, and there is no litigation, action, proceeding or, to the best of Seller's knowledge, any present plan or study by any governmental authority, agency or employee thereof, or any private party, entity or employee thereof, which in any way challenges, affects or would challenge or affect the continuation of the Contemplated Use of the Property or the access by Buyer to any street or highway serving or adjacent to the Property. 9 (d) Except as has been disclosed to Buyer by Seller in writing, and except as provided in subsection (f) below, there are no existing or proposed or contemplated plans to widen, modify or r. ealign any street or highway, or any existing or proposed or contemplated eminent domain proceedings, which would affect the Property in any way whatsoever, and there are no presently pending or planned public improvements which will result in any charge being levied or assessed against, or will result in creation of any lien upon, the Property. (e) Water, sewage disposal, storm drainage, electricity, gas and telephone are or will be avail,hie to the boundar~ of the Property at the expense of Seller and same am or will be available in accordance with all applicable laws, ordinances, rules and r~gulations of all public or q,m,i-publlc authorities having or claiming jurisdiction thereover. (0 Seller shall provide road access in the configuration shown on the Site Plan (44' curb face to curb face and of sufficient compaction and depth of pavement to accommndale Buyer's expected traffic as indicated to the Seller in Buyer's letter dasd March 3, 1993) to slandards needed for a secondary road in RC1T to the Property; such road to be completed no later than September 30, 1994. Buyer will assist Seller in any reasonable way necessary to obtain Virginia Department of Transportntion IndusUial Access funds for the construction of such road. Until the proposed secondary road is completed and accepted for maintenance by the Virginia Department of Transportation, the Seller shall provide the Buyer such reasonable 10 access for en~'ance to the Property as is necessary for the Buyer's contractors to excavate, compact, eonsmact, equip and operate the Plant. (g) (i) Seller shall allow the Buyer as a credit against the Purchase Price the amount of an estimate of (1) the cost of such site work as is necessary to excavate and compact a pad site sufficient for a Il0,000+ square foot building in accordance with Buyer's specifications and shown on the Preliminary Site Plan, (2) one-half (1/2) of the cost of excavation and compaction of the expansion site (not to exceed 60,000 sq. ft.) in conformance to the Buyer's specifications and as shown on the Preliminary Site Plan, such compaction in (1) and (2) to be 100% Standard (or 95% Modified) Proctor, generally in the configuration shown on the Preliminary Site Plan, (3) the proportionate cost of a thorough compaction repor~ by a licensed soils engineer certifying such compaction and (4) a proportionate share of the cost of soil and sedimentary control ( items (l), (2), (3) and (4) being the 'Sellers Sitework"); provided, however, that if within three (3) years of Closing the Buyer has not begun the construction of its expansion as shown on the Preliminary Site Plan, it will reimburse Seller the ex~ts of (2). Seller shall screen the mobile home park on property contiguous to Site 6B with a berm and/or trees as Seller deems appropriate on the extreme eas~m side of Site 6B. (ii) Within thirty (30) days of date of execution of this Agreement, Buyer will provide Seller with all Excavation, Compaction, Drainage and other site preparation plans and specifications (the "Excavation Specs") as well as an l! estimate of the cost of the site work for which Seller has agreed to reimburse Buyer and which is described in subparagraphs g(i) and (ii) above; which estimate shall be satisfactory, to the Seller. (iii) The Purchase Price, as set out in Section 2.2, will be reduced as of the date of closing by the cost of the Seller's Sitework as estimated pursuant to paragraph (ii) above. (h) Seller has not entered into or undertaken any written or oral commiunents, agreements or obligations of any kind affecting the Property that are not cancelable on not more than thirty (30) days' notice. (i) Seller is not in default with respect to any obligations or liabilities pertaining to the Property, nor to the best of Seller's knowledge, are there any facts or circumstances or conditions or events which, but for notice or lapse of time or both, would constitute or result in any such default, nor has Seller any reason to believe that there is likely to be a default or breach in the future with respect to such obligations or liabilities. (j) There is no litigation pending or, to the SeUer's knowledge, ~hreatened which does or will materially or, adversely affect the Property. (k) There ate no actions or proceedings pending or, to the best of Seller's knowledge, threatened agninst Seller before any court or ednfinistrative agency which do or will materially or adversely affect the Property. 12 (1) Neither this Agreement nor anything provided to be done hereunder, including without limitation, the transfer, assignment and sale of the Property as herein contemplated violates or shall violate any written or oral contract, agreement or instrument to which Seller is a party, by which Seller is bound or which affects the Property or any part thereof. (m) None of the representations or warranties in this Agreement, nor any document, statement, certificate, schedule or other information furnished or to be furnished to Buyer pursuant to this Agreement or in connection with the mmsaction contemplated herein contains, or will as of the Closing Date contain, any untrue statement of a material fact or omits, or will as of the Closing Date omit, to state a material fact necessary to make the statements of facts contained therein not misleading. (n) Seller hereby warrants that (i) Seller is duly organized and exisiing, (ii) Seller has the full right and authority to enter into this Agreement and consummate the sale, lxansfer and a~nment contemplated herein, and (iii) the person or persons signatory to this Agremn~nt and any document executed pursuant hereto on behalf of Seller have full power and authority to b/~xi Seller. (o) Except ~s provided in subparagraphs (O and (S) above, Seller will maintain the Property until the Closing in the ordinary course of business as Seller has maintained the Property prior to the execution of this Ag~ement. 13 (p) Seller (i) will until the Closing Date keep and maintain the Property in good and presentable condition, (ii) will not violate or breach any zoning ordinance nor permit any waste or nuisance, and (iii) will promptly advise Buyer of any litigation, arbil~ation or administrative hearing before any governmental agency concerning or affecting the Property arising or threatened after the date hereof of which Seller becomes aware. (q) Seller will not sell, assign or convey any right, title or interest whatever in or to the Property or create or permit to exist any lien, encumbrance or charge thereon withoul promptly discharging the same. (r) The Property has or shall have legally adequate access to publicly dedicated slre~ts and roadways to enable the development, use and operation of the Property for it~ Conl~mplal~l Use. (s) S~ller will, within sixty (60) days of the execution and delivery of this Agreement, provide Buyer with the Survey. (0 Neither the~j? nor any portion thereof has been ufiliTed as a landfill, public or privy, s~il~y or otherwise. Section 4.2 Survival of Representations and W~mnfi~ ~ representations and warranties contained in Section 4.1 of this Agreement shall not be merged into the Deed (as hereinafter defined) and other documents delivered in connection with the Closing and shall survive the Closing for a period ending two (2) years after the Closing Date, except for 4. l(t) which will survive indefinitely. 14 ARTICLE V TITLE AND CLOSING Section 5.1 ~ll~l~lf~t~T.j~. Good and marketable title to the Land and Improvements shall be conveyed by Seller to Buyer bY good and sufficient general warranty deed (the "Deed") subject to no exceptions other than: (a) Ad valorem real property taxes for the current year, not yet due and payable; (b) The Restrictive Covenants; (c) Those matl~rs of rifle to which Buyer has consented in writing pursuant to Section 5.2 hereof; and (d) Those matters reflected on the Survey to which Buyer has consented in writing pursuant to Section 5.2 hereof. AH of the foregoing exceptions are herein referred to collectively as the "Colldlllons of Title.' Section 5.2 Tith~ Search and Survey. Buyer shah lave fifty (50) days after the date of this Agreement in which to (a) examine title to the Property (the "Title Examination") and (b) furnish Seller with a written statement of objections affecting the marimM~ility of said title reflected by the Title Examination or by the Survey (collectively, the "Title Objections"). Seller shall have twenty-five (25) days after the receipt of said suttement of Title Objections in which to either cure ali Title Objections or provide evidence that same will be cured on or before the Closing Date, all to 15 Buyer's satisfaction. Should Seller not cure all of the Tide Objections or provide acceptable evidence of Seller's ability to cure all of the Tide Objections prior to the Closing Date, Buyer may, at its option, either (i) terminate this Agreement and receive a prompt refund of the Deposit, in which case this Agreement shall be null and void and of no further force or effect; or (ii) waive all Tide Objections and close the transaction contemplated hereby. The written notice to Seller with respect to Title Objections shall set forth those matlers of tide and Survey to which Buyer does not object and shall include a copy of the Survey. Section 5.3 F~]~IIr~ILI~. Delivery of tifie in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Tide Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Tide Policy") insuring Buyer in the amount of $5,000,000 in respect of the Property that title to the ! ~nd and Improvements is vested in Buyer subject only to the Conditions of Title. Section 5.4 ~. Buyer and Seller shall consummate this u~msaction on or before the date which is ninety (90) days following the date of this Agreement (the "Closing D~'), with the specific Closing Date being designated by Buyer in writing to Seller at lemt five (:5) days in advance thereof. Section 5.5 .~.ll;~i~. The purclmse and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, 464 16 Municipal Building, Roanoke, Virgima 24011 or at such other location as shall be approved by Buyer and Seller. (a) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: (i) The duly executed and acknowledged Deed conveying to Buye~ the Land and Improvements; (ii) A Certification that all of the representations, warranties and covenants of the Seller contained in this Agreement or in any document delivered to Buyer pursuant to the terms of this Agreement are true and correct and not in default on the Closing Date; ('di) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property in the one hundred twenty-five (125) days immediately preceding the Closing Dale that could result in a mechanic's lien claim, or, if such work hu been performed, it has been paid for in full; (iv) Such evidence and documents including, without limitation, a certified copy oftl~ Ro~moke City Council resolution, as may reasonably be required by the Titl~ Compsny evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; (v) A duly execul~l counterpart of a Closing Statement; 17 (vi) Any other items required to be delivered pursuant to this Agreement, and any other documents or agreements referred to in this Agreement. (b) The Seller's documents referred to in Subsection 5.5(a) shall be delivered and the purchase and sale of the Property consummated when the Deed has been recorded and the Title Policy referred to in Section 5.3 has been issued, or when the Title Commitment has been endorsed or marked in a manner obligating the Title Company to so issue such Title Policy. Section 5.6 Earnest Money Deposit. (a) Buyer, concurrently with the execution hereof, has deposited with Seller th~ sum of Ten Tho,j~_nd Dollars ($10,000) as an earnest money deposit (the "Deposit"). The Deposit shall be applied against the Purchase Price for the Property. Seller hereby agrees m hold, keep and deliver the Deposit in accordance with the terms and provisions of this Agreement. (b) In Ihe event the conditions to this Agreement are not satisfied or waived by Buyer as herein provided, the Deposit shall be reluroed to Buyer on demand; and in fl~ event the conditions to this Agreemeot shall have been satisfied or waived by Buy~ as hemln provided, and Seller shall have fully performed or tendered perfomumce of its obli~lions hereunder, the Deposit shall be applied against the Purchase Price for lh~ Prol~rty by Seller on the Closin~ Dat~ at the lime of consummation of the tramaction specified in this Agreen~nt. 18 Section 5.7 Prorations and Closing Costs. (a) At Closing, real and tangible personal property taxes shall be prorated with SeLler being obligated for such taxes for aH periods through the Closing Date and Buyer being responsible for aH periods thereafter. (b) SeLler shall pay for aH attorney's fees and expenses incurred by legal counsel to Seller. (e) Buyer shah pay for (i) title insurance premiums and attorneys' tide examination fees for issuance of the Tide Policy; (ii) aH attorneys' fees and expenses incurred by legal counsel to Buyer; and (iii) any grantee's tax and recording costs required to be paid in connection with the recording of the Deed. Section 5.8 Possession. Right to possession of the Property shall be delivered to Buyer on the Closing Date. ARTICLE VI If, after the dale hereof and prior to the Closing Dale, ah or any pan of Property is subjected to a bona Fide threat of condemnation or condemned or taken by a body havin~ file power of eminent domain or to condemn or a sale or transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of writlen notice to Buyer, Buyer may by wriuen notice to Seller elect to cancel this Agreement prior to the Closing Date, in which event all parties 19 shall be relieved and released of and from any further duties, obligations, rights or liabilities hereunder, except that the Deposit shall be promptly refunded to Buyer and thereupon this Agreement shall become null and void and of no further force and effect. If no such election is made by the Buyer to cancel this Agreement, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer and set over to Buyer all of the fight, title and interest of Seller in and to any awards that have been or that may theteafler be made for any such taking or tnkings. Section 7.1 ~. Seller and Ruyer ~ch ~u'rant to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant that no person or entity can properly claim a fight to a commi~on, finder's fee or other compenmtion blued UlXm eonutets or underslnndings between such claimant and Buyer or Seller with teapect to the trmlm~on comemplated by this Agreement and Buyer and Seller each a&rees to indemnify the other against and to hold it harmless from any claim, loss, cost or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee or other compensation by any person or entity based upon such contacts or understandings. ARTICLE VI~ · Section $,1 Buyer's Remedies. In the event Seller fails to perform its duties and responsibilities in accordance with the terms and provisions hereof, Buyer's sole remedy hereunder shall be an equitable suit in specific performance of such duties and responsibilities, all other remedies otherwise available to Buyer, at law or in equity being expressly waived hereby. Section 8.2 ~,~3~dJ~. In thc event Seller shall have fully performed or tendered performance of its duties and obligations hereunder, but Buyer shall have failed to perform its duties and obligations hereunder, the Deposit shall be retained by Seller as Seller's agreed-upon liquidated damages, it being otherwise difficult or impossible to determine Seller's actual damages at the time of the execution hereof or on the Closing Da~, which liquidated damages shall be in addition to any and all other legal or eq~li~ble ~ of Seller including ally right to acnm! damages in excess of said liquide~l dam~. 21 ARTICLE IX GENERAL PROVISIONS Section 9.1 Notices. Any notice or demand to be given or that may be given hereunder shall be in writing and shall be (i) delivered by hand, or (ii) delivered through the United States mail, postage prepaid, certified, return receipt requested, or (iii) dellvered through or by Federal Express or other expedited mail or package service, addressed to the parties as follows: To Seller: With a copy to: To Buyer: City of Roanoke Mx. W. Robert Herbert City Manager Room 364, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Wllbum C. Dibling, Jr., Esq. City Attorney Room 464, Munidpal Buildin~ 215 Church Avenue, $.W. Roanoke, Virginia 24011 Transln-it Corporation P. O. Box 500 B~wstm-, New York 10509-0500 At.talon: Mx. Frank Neubauer Wilh a copy to: Harwell M. Darby, Jr. Esquire Ol~n, FUppin, Feldmann & D~rby 200 Fu~t Campbell Squa~ P. O. Box 2887 Roanoke, Virginia 24001 22 Any notice or demand that may be given hereunder shall be deemed complete when (i) delivered by hand, or (ii) delivered through the United States mail, postage prepaid, certified, remm receipt requested, or (iii) delivered through or by Federal Express or other expedited mail or packa*ge service to the appropriate address as herein provided. Any time frame or period during which a response shall be given shall not commence until actual receipt of notice. Any party hereto may change said address by notice in writing to the other parties in the manner herein provided. Section 9.2 ~,~lllllll. This Agreement, together with the exhibits hereto, contains ail representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements ate replaced in total by this Agreement and the exhibits hereto. Section 9.3 ~illl~. Time is of the essence in the performance of the parties' respective obligations herein conlained. Section 9.4 AIItllllr~F...~. In the event any dispule between the parties hereto should result in litigation, the prevailing patty shall be reimbursed for ail reasonable co~n, include, without limitation, reasonable attorneys' fees for any and Sec/ion 9.5 ~. The obligations, representations, warranties and the remedies for bre~__.ch thereof herein contained shall not merge with Uansfer of title but 23 Section 9.6 ~~!1~1~. This Agreement may not be assigned by either party without the prior written consent of the other; provided, however Buyer may assign this Agreement to an affiliate of Buyer without the consent of Seller. Subject to the foregoing provision, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 9.7 _C~..Qllllt~. This Agreement may be executed in one or more counterparts, and all such so executed shall constitute one agreement binding on all of the parties hereto, notwithstsnding that all of the pa~ties are not signatory to the same counterpart. Section 9.8 ~Ihl~d~lll~ll~. Whenever and so of~n as requested by Buyer, Seller will promptly execul~ and deliver or cause to be executed and delivered ail such other and furfl~r insl~'uments, documents or assoranc~s, and promptly do or cause to be done all such other and further things as mny be reasonnbly necessary and reasonably required in order to further and more fully vest in Buyer all fights, interests, powers, benefits, privileges and advlmt~es conferral or intended to be conferred upon it by ~ ill~R~m~nt. S~io~ 9.9 Cooling.on. The t~nies acimowl~l~e that each pm'ty and its counsel hlsw revi~v~d ~d revised this Agreement ~md that the normal role of consUuction to the effect that any mnbiguitles are to be resolved agninst the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits bereU}. 24 IN WITNESS WH~a~OF, Buyer and Seller have executed this Agreement under seal as of the day and year first above writ~n. SELLER: THE CITY OF ROANOKE, VIRGINIA By: Title: ATTEST: City Clerk BUYER: TRANSKP. IT CORPOKATION By: Title: DRAFT AGREEMENT TO PURCHASE AND EXCHANGE REAL ESTATE For the mutual promises contained herein and other good and valuable consideration, the receipt of which is acknowledged and subject to the terms and conditions contained herein, Blue Hills Golf Club Corporation (hereinafter referred to as "Blue Hills") does hereby agree to convey to the City of Roanoke, Virginia, (hereinafter referred to as "City") and City does hereby agree to convey to Blue Hills certain parcel of real property situated in the City of Roanoke, Virginia. Blue Hills agrees to convey to City 0.369 acres located adjacent to the Roanoke Centre for Industry and Technology, being a part of the property bearing Official Tax No. 7270101, as shown as Parcel C on plat of survey prepared by Mattern & Craig showing subdivision of Parcel 5, in the Roanoke Centre for Industry and Technology, and attached hereto as Exhibit A, including all rights and appurtenances, and rights-of-way and rights of access. City agrees to convey to Blue Hills Parcels A and B as shown on Exhibit A and containing approximately 0.294 acres and 0.997 acres respectively, including all rights and appurtenances, and rights-of-way and rights of access. 1. Subject to the terms and conditions contained herein, settlement sh&ll be made at the Office of the City Attorney on approximatelyMay 21, 1993 ("Settlement"), it being recognized that time is of the essence. Possession shall be given at Settlement unless otherwise agreed by the parties. 2. Parties agree that at Settlement, each party shall be responsible for the following costs with respect to the property conveyed from that party: (i) applicable .grantor's tax; (ii) real estate taxes, unpaid assessments or liens, and any applicable rollback real estate taxes which may become due on the Property; (iii) any other customary fees and expenses ordinarily paid by a seller of real property; and 3. Each party covenants and warrants as to that property being conveyed from it that the property is free and clear of all liens, rights in others and encumbrances except taxes and assessments for the current year and covenants and restrictions of record. The property is and shall be delivered free and clear of any leasehold interests and shall be unoccupied. 4. Each party warrants and covenants that as to the property being conveyed from it that it has the authority to execute this contract and that it now holds the fee simple title to said property. Each party shall convey said property to the other party by General Warranty deed with English Covenants of Title. If a defect in title is found which can be remedied by legal action within a reasonable time, the conveying party shall, at its expense, promptly take such action as is necessary to cure the defect. If the conveying party, acting in good faith, is unable to have such defect corrected within 60 days after notice of such defect is given to the conveying party, then this Agreement may be terminated b y the acquiring party or the acquiring party may extend the date for Settlement to the extent necessary for the conveying party to comply with this Paragraph. 5. All risk of loss or damage to the property by fire, windstorm, casualty or other cause, is assumed by conveying party until Settlement. 6. The conveying party shall deliver to the other party an appropriate Seller's affidavit to the effect that no labor or materials have been furnished to the property which is being conveyed within the statutory period for the filing of mechanics or materialmen's liens against the property, or, if labor or materials have been furnished, that the costs therefor have been paid, such affidavit or other documentation to be in form acceptable to the acquiring party. The conveying party also agrees to provide any certifications or documentation required by sections 1445 (FIRPTA) and 6045 (Form 1099-B) Of the Internal Revenue Code. 7. The parties agree that this Agreement shall be binding upon them, their successors, and assigns, and that the parties shall not be bound by any terms, conditions, oral statements, warranties or representations not herein contained, and that the Agreement shall bi construed under the laws of the Commonwealth of Virginia. The ter~s Of this Agreement shall survive the closing and delivery of the died. 8. Notwithstanding any other provision of this Agreement, Blue Hille recogmlizee and agrees that this Agreement is subject to and requires formal approval of and authorization by Roanoke City Council prior to being binding upon the City of Roanoke. WITNESS the following signatures: ATTEST: BLUE HILLS GOLF CLUB CORPORATION Title ATTEST: CITY OF ROANOKE Mary F. Parker City Clerk W. Robert Herbert City Manager Approved as to form: Asst. City Attorney Appropriation and Funds Required for this Contract Certified: 4 MARY F. PAIHCl~J~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, V'tr~ nln 24011 Telephone: (703) ~1-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #2-166=207-450-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31434-051093 authorizing execution of an agreement for purchase and sale of approximately 17.359 acres of land within the Roanoke Centre for Industry and Technology with Transkrit Corporation; and authorizing execution of the requisite deed conveying such property. Ordinance No. 31434-051093 was adopted by the Council of the City of Roanoke on first reading on Monday, May 3, 1993, also adopted by the Council on second reading on Monday, May 10, 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. po: 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 Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Phillip F. Sparks, Acting Chief, Economic Development Mr. E. Douglas Chittum, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COU~CIL OF THE CITY OF ROANOKE, lhe 10th day of May, 1993. No. 31434-051093. VIRGINIA, AN ORDINANCE authorizing the execution of an agreement for purchase and sale of approximately 17.359 acres of land within the Roanoke Centre for Industry Corporation, and authorizing the conveying such property. and Technology with Transkrit execution of the requisite deed BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an agreement for purchase and sale with Transkrit Corporation, providing for the sale of an approximately 17.359 acre tract in the Roanoke Centre for Industry and Technology, being a portion of Parcel 6, for the sum of $260,400.00, such agreement to be in substantially the form attached to the City Manager's report to this Council dated May 3, 1993; such agreement to be approved as to form by the City Attorney. 2. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property, as well as any other documents necessary to consummate the conveyance, such deed and documents, if any, to be approved as to form by the City Attorney. ATTEST: City Clerk. RECE "FD '93 /t?R 28 P/:57, May 3, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Transkrit Corporation land sale agreement/Roanoke Centre for Industry and Technology (RCIT) Site 6A I. BACKGROUND: ho Transkrit Co _rporation, a printer of business forms, has chosen to relocate its corporate headquarters and manufacturing plant from Brewster, New York to a 17.359 acre site in the RCIT. The initial facility will be 110,000 square feet with the capability of expanding to 160,000 square feet. This represents an investment of approximately $9.25 million in building and equipment. Initial employment will be 175 with an increase of 50-60 employees as the facility expands. Application for Industrial Access Road Funds has been made by the City for the improvement and extension of Blue Hills Circle, N.E. to serve the new facility. II. CURRENT SITUATION: Aereemen[ for purchase and sale of land has been negotiated with Transkfit. Major terms of the agreement are (Exhibit 1): Sale price of the 17.359 acres is $260.400 ($15.000 per acre). Consideration, i.e., deposit of $10.000 will be made to the City by Transkrit. The purchase price will be reduced at the date of closing by the cost of site work necessary to excavate and compact the 110,000 square foot building pad and one-half the cost of the 60,000 square foot expansion pad. If construction has not begun within three years on the expansion, the cost of site work on the expansion pad will be reimbursed to the City by Transkrit. III. Bo Utilities (water, sewage disposal, storm drainage, electricity, gas and telephone) shall be made available to the boundary of the property at no cost to Transkrit. The City shall screen the mobile home park on property contiguous to Site 6A in a manner deemed appropriate by the City. Survey of the new Site 6A has revealed the following: Blue Hills Golf Club is encroaching on .294 acres of City property. (Parcel A, Exhibit 3). o Blue Hills G01f Club entranceway (.997 acres) is located on City property. (Parcel B, Exhibit 3). Transkfit desires Parcel C, Exhibit 3 (.369 acres), which is Blue Hills Golf Club's property, for their site development. Agreement (Exhibit 2) with Blue Hills has been negotiated stating that the City will exchange Parcels A & B with Blue Hills in return for Parcel C. ISSUES: A. B. C. A satisfactory_ Phase I Environmental Report has been received by the City on the entire 17.359 acre Site 6A. No moneta~_ consideration will be given either party. Timing. Economic Development. Funding. IV. ALTERNATIVES: Authorize the City Manager to execute a contract in a form approved by the City Attorney for the sale of a 17.359 acre site (Site 6A) in the RCIT. (Exhibit 1). Authorize the City Mana£er to execute a contract in a form approved by the City Attorney for the exchange of 1.291 acres of City property for .369 acres of property currently owned by Blue Hills Golf Club. Authorize the Mayor to execute a deed of conveyance of property to Transkfit. · hAl~9~tlll~l~ to execute a deed of conveyance of property to Blue Hills. Timing is important in that Transkrit has set January 1, 1994 as a target date for completion of the new facility. Economic Development orogram will be enhanced by the creation of 175 new jobs and a $9.25 million investment. Funding for the project will be provided by money in existing Capital Fund Account g008-052-9629-9003 entitled RCIT Addition-Property, and the net proceeds from the sale of the property which will be appropriated to this account at a later date. D n t auth rize the City Manager to execute a contract in a form approved by the City Attorney for the sale of a 17.359 acre site (Site 6A) in the RCIT. (Exhibit 1). · Do not authorize the Mayor to execute a deed of conveyance. Do not authorize the City Manager to execute a contract in a form approved by the City Attorney for the exchange of 1.291 acres of City property for .369 acres of property currently owned by Blue Hills Golf Club. · Do not authorize the Mayor to execute a deed of conveyance. 1. Timing for Transkfit will not be met. Economic Development program will not be enhanced and the opportunity for new jobs and new investment will be missed. 3. Funding will not be an issue. V. RECOMMI~NDATION: Recommend Alternative A to Authorize the City Manager to execute a contract in a form approved by the City Attorney for the sale of a 17.359 acre site (Site 6A) in the RCIT. (Exhibit 1). Authorize the City Manager to execute a contract in a form approved by the City Attorney for the exchange of 1.291 acres of City property for .369 acres of property currently owned by Blue Hills Golf Club. Authorize the Mayor to execute a deed of conveyanceof property to Transkrit. · ~ to execute a deed of conveyance of property to Blue Hills. Respectfully submitted: W. Robert Herbert City Manager WRH/EDC:kkd cc: City Attorney Acting Director of Finance Director of Public Works Manager of Management and Budget City Engineer Director of Utilities DRAFT EXHIBIT 1 Section 3.1 (d)(e) has been deleted. Satisfactory environmental reports have been received by the City and Transkrit. AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT is made and entered into as of the __ day of , 1993, by and between THE CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("Seller") and Transkrit Corporation, a corporation organized and existing under the laws of the State of New York ("Buyer"). WHEREAS, Seller is desirous of selling certain property and Buyer is desirous of acquiring said property upon the terms and conditions set forth hereinbelow. WI-~.REAS, Buyer presently intends to consmict within the Roanoke Centre for Indus~y and Technology ("RCIT") in the City of Roanoke, Virginia, a business form printing and manufacturing plant of approximately 110,000 square feet, to employ approximately 70 persons, which plant is expected to be operational by the fourth quarter of 1903 or th~ first quarter of 1994, and which will represent an investment of approxima~ly $8,000,000.00 by Buyer. NOW, TItI~IlI:ORE, for and in consideration of the Deposit (as hereinafter defined), the mutual covenants and conditions hereinafter set forth and other good and valuable consideration, ~he receipt and sufficiency of which is acknowledged by the parties hereto, Buyer and Seller hereby agree as follows: ARTICLE I Unless the context otherwise specifies or requires, for the purposes of this Agreement, the following terms shall h~ve the meanings set forth in this Article I: Section 1. l IC.19.1klg_]~.~. The term "Closing Date" shall mean the date prey!deal for in Section 5.4 hereof for the Closing (as hereinafter defined). Section 1.2 ~~L~.~. The term "Contemplated Use" shall mean the construction and operation by the Buyer upon the Property of a facility for the manufacture and printing of business forms, as shown on the Preliminary Site Plan. Section 1.3 v-~.9.x.~l~. The term "Improvements" shall mean any and all improvements, and all appurtenances thereto, located on the Land. Section 1.4 I,&IL4. The Term "Land" shall mean the real property comprising approximately 18.25 acres and being designated Parcel 6A on the attached plan denominated Exhibit A and prepared by the City of Roanoke City Engineer and being a part of Parcel 6 as shown on that certain plat of survey described as , Roanoke Centre for Industry and Teelmology", dated and recorded on , in Map Book , Page in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The term "Land" shall also include rights of ingress and egress, in accorclanee with the Preliminary Site Plan. 2 Section 1.5 Plant. The term "Plant" shall mean the Buyer's approximately 110,000 square foot printing plant to be constructed on the Land as designed by the Buyer's architect, and shall include all equipment, utilities and operational components thereof. Section 1.6 ~illilaa.r~lg~PJ~. mean' that Preliminary Site Plan dated The term "Preliminary Site Plan" shall , provided to each party prior to the execution of this Agreement, a copy of which is attached hereto as Exhibit B. Pronerly. The term "Property" shall mean the Land and the Section 1.7 Improvements. Section 1.8 · 'v v . The term "Restrictive Covenants" shall mean those restrictive covenants set forth in that certain Deed of Restriction Roanoke Centre for Industry and Technology dated December 5, 1983, executed by the City of Roanoke and recorded at Deed Book 1495, Page 1797 in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. Section 1.9 ~IIIiY_~. The term "Survey" shall mean a current, certified plat of survey of the Land showing all existing construction, all boundar~ lines, easements, set-back requirements, parking areas, encroachments, and such other conditions as might be expected to be shown on a plat prepared by a professional certified engineer for lender approval. 3 Section 1.10 ,T~i~,~a~e~. The term "Title Commitment" shall mean a commitment for title insurance in favor of Buyer for the Land and Improvements to be issued by Title Company. Section l.ll ~_e.__C_9.!Bl~g~. The term "Title Company" shall mean any nationally recognized title insurance company acceptable to Buyer. ARTICLE II PURCHASE AND SALE OF THE PROPERTY Section 2.1 l~l~lfli~a~. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller upon all of the terms, covenants and conditions set forth in this Agreement. Section 2.2 ~rcha~ ~. The purchase price for the property (the "Purchase Price") shall be fifteen thousand dollars ($15,000.00) multiplied by the number of acres (rounded to the nearest 1/100th of an acre) in the Land, as determined by the Survey, net of credits against the Purchase Price as provided in Sections 3. l(d) and 4. l(g), and shall be payable by certified check or wire mmsfer on the Closing Date in accordance with thc terms hereof. 4 ARTICLE III CONDITIONS TO AGRI~MENT Section 3.1 ~[ili9~[~1[. Buyer's obligation to purchase the Property or otherwise to perform any obligation provided in this Agreement shall be expressly conditioned upon the fulfillment to the Buyer's reasonable satisfaction of each of the follo~ving conditions precedent: (a) The due performance by Seller of each and every undertaking and agreement to be performed by Seller hereunder, except 4.1 (0 insofar as it contemplates construction of a road and access which shall not have been completed or fulfilled as of the Closing Date, and the u'uth, in all material respects, of each representation and warranty made in this Agreement by S~ller at the time the same is made and on the Closing Dat~; (b) Tbe delivery to Buyer on the Closing Data of title to the Property as prescribed in S~ctiou 5.1 below, the issoanc~ of the Title Policy referred to in Section $.3 below and th~ fulfillment of each of th~ otl~r conditions contained in this Section 3.1 and in Arfick~. V below; (c) TI~ d~livery to Buyer of tbe most rec~nt tax bills or notices affecting the Prol~rty ~:1 notic~ of any n~v tax bills or asse~smants affecting the Property increasing such tax~s or ~t~,~srt~nts over those in ef~ct a~ of tbe date hereof, including, without limitation, any and all assessment notices, wh~ther special or general, city, county, sta~ and otherwise; 5 (d) A determination by Buyer or Buyer's agents at Buyer's sole cost and expense, that the soil and environmental conditions, topography and contours of the Land are acceptable to Buyer for the development and ufili?ation of the Land for the Contemplated Use. Buyer or its agents or employees shall have the right and privilege, during normal business hours during the term of this Agreement and prior to the Closing Date, of going upon the Property as needed, to inspect, test, examine, survey or make test borings, soil bearing tests or other engineering, environmental or landscaping tests or surveys or observations or studies which Buyer may deem necessary; provided, however, Buyer expressly agrees to indemnify and hold Seller harmless against any claim, damage or injury arising out of Buyer's or its agents' or employees' actions under this paragraph and to indemnify and hold Seller harmless against any loss or damage to the Property. The Seller has undertaken to provide $4,1100 toward the costs of Buyer's determinations and will credit the same against the Purchase Price; and (e) Receipt by Buyer at Buyer's expense of a report by a qualified civil engineering firm (the 'Plmae I' Survey) in scope, form and content satisfactory to Buyer indieafin~ that the environmen~ conditions of the Land are in compliance with all applicable laws and regulations. If the nature of any environmental problem revealed in the initial Phase I Survey has no adverse effect on the Buyer's ability to go forward with its proposed consmacfion project and if the remedy for the defect is, in the Buyer's sole opinion, ~nably obtainable, then the Seller~may haue-ut~o-one- 6 ........ : .---. ~. ........ y ~e problem at t~ sole cost ~d d~ver (at o e cost, ~ env~omen~ as.ssment upon w~ch ~may ~ ~If, on ~e ' .... o~er h~d, ~e problem is, ~ ~e Buyer's sole op~on, a mdous problem, ~en if it is not remedied by May 1, 1993, ~e Buyer s~ ~ve no ~er ob~gafion under ~is con~aet ~d i~ deposit s~ ~ remind. Section 3.2 ~. Buyer may, at ~y ~e or ~es on or before ~e Clos~g Dam, at im election, w~ve ~y of ~e foregohg conditions h ~g, ~d Buyer's consumfion of ~e ~cfion on ~e Clos~g Dam s~ w~ve ~ such conditions. No such w~ver s~ ~u~ ~ figh~ or ~m~ies of Buyer by r~on of ~y breach of ~y unde~g, ~ment, m~ or mp~nmfion of Seller he.under. ~cfion 3.3 ~. ~ ~e event ~y of ~e lo.gong conditions except 3.1(d) ~d 3.1(e) or o~r coMifions to ~s Ag~nt, ex.pt ~efion 4.1(~ Nsof~ ~ it eonmmph~s ~ eons~efion of a r~ ~ at.ss wNeh s~ not have been comple~ or ~ ~ of ~e Clos~g ~m, w~ch ~ for ~e ~nefit of Buyer not ~ on or ~fom ~y 1, 1~3 or ~v~ ~m~t ~ ~efion 3.2 ~ove, Buyer, at i~ election by ~n nofi~ given to ~Her, my ~ ~ ~ment ~d be ~I~ ~ ~ ~s ~muMer. ~ such event, ~e ~Her s~ ~mm ~ ~t ~ ~uyer, ~ ~ d~umen~ de~ve~ by Buyer or ~Her pursuit to ~s ~nt s~ ~ m~ u~n de~ ~ ~ ~ on who~ ~ ~ey were de~ve~ ~ ~ ~ment s~ ~ null ~d void ~ of no ~er force ~d effect. 7 Section 3.4 Option to Purchase in Event of No Construction. If, after the expiration of three (3) years from the date of closing, Transkrit or its successor in interest shall not have begun in good faith the actual construction of the Plant or a modified plant design acceptable to the Seller on the property, the Seller shall the right and option to refund to the then record property owner the amount of the original purchase price paid to the Seller; whereupon the then record property owner shall forthwith convey the Property back to the Seller, all as required by the Restrictive Covenants at Section 8 thereof. ARTICLE IV COVENANTS AND WARRANTIg-.q Section 4.1 Seller's Express Warrantia,~. In addition to any representations and warranties contained elsewhere in this Agreement, Seller hereby makes the following representations and warranties, each of which representations and warranties (i) shall survive the consummation of the mmsacfion contemplated herein as provided in Section 4.2 hereof, (ii) is material and being relied upon by Buyer, (iii) is Irue in all respects as of the date hereof, and (iv) shah be true in all respects on the Closing Date: (a) Buyer shall acquire hereunder the entire right, rifle and interest in and to the Property, subject only to the Conditions of Title described in Section 5.1 below. (b) With the exception of a small parcel to be conveyed to the Seller by Blue Hills Golf Club, Seller has and will convey title to the Property (including that small parcel to be conveyed to the Seller by Blue Hills Golf Club) free and clear of al/ liens, covenants, conditions, restrictions, rights of way, easements and encumbrances of any kind or character whatsoever, except the Condi6ons of Title described in Section 5.1 below. Without limiting the generality of the foregoing, there are no encroachments on the Land by adjoining property or improvements, there exist no encroachments on any adjoining property, easements or public or private streets and none of the ~as~ments included in the Conditions of Title, if any, has interfered with or will interfere with, or be breached by, or as a result of, the use or operation of the Property for the Contemplated Use. Nothing contained in the form of deed by which the Property is conveyed by Seller to Buyer shall be in limitation of the foregoing warrallty. (c) The use of the Property for a facility for the manufacture and printing of business fonrm is authorized by and in compliance with all existing zoning and land-use laws, ordinances, rules and regulations applicable to the Property, and there is no litigation, action, proceeding or, to the best of Seller's knowledge, any present plan or study by any governmental authority, agency or employee thereof, or any private party, entity or employee thereof, which in any way challenges, affects or would challenge or affect the continuation of the Contemplated Use of the Property or the access by Buyer to any street or highway serving or adjacent to the Property. 9 (d) Except as has been disclosed to Buyer by Seller in writing, and except as provided in subsection (f) below, there are no existing or proposed or contemplated plans to widen, modify or realign any street or highway, or any existing or proposed or contemplated eminent domain proceedings, which would affect the Property in any way whatsoever, and there are no presently pending or planned public improvements which will result in any charge being levied or assessed against, or will result in creation of any lien upon, the Property. (e) Water, sewage disposal, storm drainage, elecfficity, gas and telephone are or will be available to the boundary of the Property at the expense of Seller and same are or will be available in accordance with all applicable laws, ordinances, rules and regulations of all public or qna*i-public authorities having or claiming jurisdiction thereover. (0 Seller shall provide road access in the configuration shown on the Site Plan (44' curb face to curb face and of sufficient compaction and depth of pavement to accommoda~ Buyer's expected traffic as indicated to the Seller in Buyer's letter dated March 3, 1993) to standards needed for a secondary road in RC1T to the Property; such road to be completed no later than September 30, 1994. Buyer will assist Seller in any rentaonable way necessary to obtain Virginia Delnuhnent of TransporUttion Industrial Access funds for the conswucfion of such road. Until the proposed secondary road is completed and accepted for maintenance by the Virginia Delnuh~ent of Transportation, the Seller shall provide the Buyer such reasonable 10 access for entrance to the Property as is necessary for the Buyer's contractors to excavate, compact, construct, equip and operate the Plant. (g) (i) Seller shall allow the Buyer as a credit against the Purchase Price the mount of an estimate of (1) the cost of such site work as is necessary to excavate and compact a pad site sufficient for a 110,000+ square foot building in accordance with Buyer's specifications and shown on the Preliminary Site Plan, (2) one-half (1/2) of the cost of excavation and compaction of the expansion site (not to exceed 60,000 sq. ft.) in conformance to the Buyer's specifications and as shown on the Preliminary Site Plan, such compaction in (1) and (2) to be 100% Standard (or 95% Modified) Proctor, generally in the configuration shown on the Preliminary Site Plan, (3) the proportionate cost of a thorough compaction report by a licensed soils engineer certifying such compaction and (4) a proportionate share of the cost of soil and sedimentary control ( items (1), (2), (3) and (4) being the "Sellers Sitework"); provided, however, that if within three (3) years of Closing the Buyer has not begun the construction of its expansion as shown on the Preliminary Site Plan, it will reimburse Seller the costs of (2). Seller shall screen the mobile home park on property contiguou~ to Site 6B with a berm and/or trees as Seller deems appropriate on the extreme ea~m side of Site 6B. (ii) Within thirty (30) days of date of execution of this Agreement, Buyer will provide Seller with all Excavation, Compaction, Drainage and other site preparation plans and specifications (the "Excavation Specs") as well as an 11 estimate of the cost of the site work for which Seller has agreed to reimburse Buyer and which is described in subparagraphs g(i) and (ii) above; which estimate shall be satisfactory to the Seller. (iii) The Purchase Price, as set out in Section 2.2, will be reduced as of the date of closing by the cost of the Seller's Sitework as estimated pursuant to paragraph (ii) above. (h) Seller has not entered into or undertaken any written or oral commitments, agreements or obligations of any kind affecting the Property that are not cancelable on not more than thirty (30) days' notice. (i) Seller is not in default with respect to any obligations or liabilities pertaining to the Property, nor to the best of Seller's knowledge, are there any facts or circumstances or conditions or events which, but for notice or lapse of time or both, would constitute or result in any such default, nor has Seller any reason to believe that there is likely to be a default or breach in the future with respect to such obligations or liabilities. (j) There is no litigation pending or, to the Seller's knowledge, threatened which does or will materially or, adversely affect the Property. (k) There are no actions or proceedings pending or, to the best of Seller's knowledge, thl~tened against Seller before any court or administrative agency which do or will materially or adversely affect the Property. 12 (1) Neither this Agreement nor anything provided to be done hereunder, including without limitation, the transfer, assignment and sale of the Property as herein contemplated violates or shall violate any written or oral contract, agreement or instrument to which Seller is a party, by which Seller is bound or which affects the Property or any part thereof. (m) None of the representations or warranties in this Agreement, nor any document, statement, certificate, schedule or other information furnished or to be furnished to Buyer pursuant to this Agreement or in connection with the transaction contemplated herein contains, or will as of the Closing Date contain, any untrue statement of a material fact or omits, or will as of the Closing Date omit, to state a material fact necessary to make the statements of facts contained therein not misleading. (n) Seller hereby warrants that (i) Seller is duly organized and existing, (ii) Seller has the full right and authority to enter into this Agreement and consummate the sale, la'ansfer and assignment contemplated herein, and (iii) the person or persons signatory to this Agreement and any document executed pursuant hereto on behalf of Seller have full power and authority to bind Seller. (o) Except as provided in subparagraphs (fi and (g) above, Seller will maintain the Property until the Closing in the ordinary course of business as Seller has maintained the Property prior to the execution of this Agreement. 13 (p) Seller (i) will until the Closing Date keep and maintain the Property in good and presentable condition, (ii) will not violate or breach any zoning ordinance nor permit any waste or nuisance, and (iii) will promptly advise Buyer of any litigation, arbitration or administrative hearing before any governmental agency concerning or affecting the Property arising or threatened after the date hereof of which Seller becomes aware. (cO Seller will not sell, assign or convey any right, rifle or interest whatever in or to the Property or create or permit to exist any lien, encumbrance or charge thereon without promptly discharging the same. (r) The Property has or shall have legally adequate access to pubLicly dedicated streets and roadways to enable the development, use and operation of the Property for its Contemplated Use. (s) Seller will, within sixty (60) days of the execution and delivery of this Agreement, provide Buyer with the Survey. (t) Neither the. RtOl~-a~ nor any portion thereof has been ufili~,ed as a landfill, public or private, sanitary or otherwise. Section 4.2 Survival of Renresentatlnns and Warranfi~.s. The representations and warrantiea contain~ in Section 4.1 of this Agreement shall not he merged into the Deed (as hereinafter defined) and other documents delivered in connection with the Closing and shall survive the Closing for a period ending two (2) years after the Closing Date, except for 4. l(t) which will survive indefinitely. 14 ARTICLE V TITLE AND CLOSING Section 5.1 ~[ilil~'l~T~. Good and marketable title to the Land and Improvements shall be conveyed by Seller to Buyer by good and sufficient general warranty deed (the "Deed") subject to no exceptions other than: (a) Ad valorem real property taxes for the current year, not yet due and payable; (b) The Restrictive Covenants; (c) Those matters of tide to which Buyer has consented in writing pursuant to Section 5.2 hereof; and (d) Those matters reflected on the Survey to which Buyer has consented in writing pursuant to Section 5.2 hereof. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Tide." Section 5.2 Title Search and Survey. Buyer shall have fifty (50) days after the date of this Agreement in which to (a) examine title to the Property (the "Title Examination*) and (b) furnish Seller with a wri~n statement of objections affecting the marketability of ,alii title reflected by the Tide Examination or by the Survey (collectively, the 'Title Objections'). Seller shall have twenty-five (25) days after the receipt of said statement of Title Objections in which to either cure all Title Objections or provide evidence that same will he cured on or before the Closing Date, all to 15 Buyer's satisfaction. Should Seller not cure all of the Tire Objections or provide acceptable evidence of Seller's ability to cure all of the Title Objections prior to the Closing Date, Buyer may, at its option, either (i) terminate this Agreement and receive a prompt refund of the Deposit, in which case this Agreement shall be null and void and of no further force or effect; or (ii) waive all Title Objections and close the transaction contemplated hereby. The written notice to Seller with respect to Title Objections shall set forth those matters of title and Survey to which Buyer does not object and shall include a copy of the Survey. Section 5.3 v~f~~. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the 'Tire Policy") insuring Buyer in the amount of $5,000,000 in respect of the Property tlmt tire to the Land and Improvements is vested in Buyer subject only to the Conditions of Title. Section 5.4 .~g.l~alt. Buyer and Seller shall consummate this transaction on or before the date which i~ ninety (90) days following the date of this Agreement (the "Clo~ing Date"), with the specific Closing Date being designated by Buyer in writing to Seller at least five (5) days in advance thereof. Section 5.5 .C~.~lg. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, 464 16 Municipal Building, Roanoke, Virginia 24011 or at such other location as shall be approved by Buyer and Seller. (a) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: (i) The duly executed and acknowledged Deed conveying to Buye~ the Land and Improvements; (ii) A Certification that all of the representations, warranties and covenants of the Seller contained in this Agreement or in any document delivered to Buyer pursuant to the terms of this Agreement are ~rue and correct and not in default on the Closing Date; (iii) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; (iv) Such evidence and documents including, without limitation, a certified copy ofth~ Roanoke City Council resolution, as may reasonably be required by the Title Coml~ny evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; (v) A duly executed counterpart of a Closing Statement; 17 (vi) Any other items required to be delivered pursuant to this Agreement, and any other documents or agreements referred to in this Agreement. (b) The Seller's documents referred to in Subsection 5.5(a) shall be delivered and the purchase and sale of the Property consummated when the Deed has been recorded and the Title Policy referred to in Section 5.3 has been issued, or when the Title Commitxnent has been endorsed or marked in a manner obligating the Title Company to so issue such Title Policy. Section 5.6 Earnest Money Deoosit, (a) Buyer, concurrently with the execution hereof, has deposited with Seller the sum of Ten Thousand Dollars ($10,000) as an earnest money deposit (the "Deposit"). The Deposit shall be applied against the Purchase Price for the Property. Seller hereby agrees to hold, keep and deliver the Deposit in accordance with the terms and provisions of this Agreement. (b) In the event the conditions to this Agreement are not satisfied or waived by Buyer as herein provided, the Deposit shall be returned to Buyer on demand; and in the event the conditions to this Agreement shall have been satisfied or waived by Buyer as ~ provided, and Seller shall have fully performed or tendered performance of its obligations hereunder, the Deposit shall he applied against the Purchase Price for the Property by Seller on the Closing Date at the time of consummation of the uansaction specified in this Agreement. 18 Section 5.7 Prorations and Closin~ Costs. (a) At Closing, real and tangible personal property taxes shall be prorated with Seller being obligated for such taxes for all periods through the Closing Date and Buyer being responsible for all periods thereafter. (b) Seller shall pay for all attorney's fees and expenses incurred by legal counsel to Seller. (c) Buyer shall pay for (i) title insurance premiums and attorneys' title examination fees for issuance of the Title Policy; (ii) all attorneys' fees and expenses incurred by legal counsel to Buyer; and (iii) any grantee's tax and recording costs required to be paid in connection with the recording of the Deed. Section 5.8 Possession. Right to possession of the Property shall be delivered to Buyer on the Closing Date. ARTICLE VI If, after the ~ hereof and prior to the Closing Date, all or any part of Property i~ subjec~d to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or to condemn or a sale or mmsfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Agreement prior to the Closing Date, in which event all parties 19 shall be relieved and released of and from any further duties, obligations, rights or liabilities hereunder, exc~pt that the Deposit shall be promptly refunded to Buyer and thereupon this Agreement shall become null and void and of no further force and effect. If no such election is made by the Buyer to cancel this Agreement, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjuslments, and upon the Closing Date, Seller shall assign, transfer and set over to Buyer all of the right, title and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. Section 7.1 ~.S..~l~]li~. Seller and Buyer each warrant to the other that their sole contact with the other or with the Property regarding this ~a'ansaction has been directly between themselves and their employees. Seller and Buyer warrant that no person or entity can properly claim a right to a commission, finder's fee or other compensation bazed upon contacts or understandings between such claimant and Buyer or Seller with rent,ct to the ~ansaction contemplal~l by this Agreement and Buyer and Seller each agrees to indemnify the other against and to hold it harmless from any claim, loss, cost or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee or other compensation by any person or entity based upon such contacts or understandings. · Section 8.1 ~fll2W~]~]~. In the event Seller fails to perform its duties and responsibilities in accordance with the terms and provisions hereof, Buyer's sole remedy hereunder shall be an equitable suit in specific performance of such duties and responsibilities, all other remedies otherwise available to Buyer, at law or in equity being expressly waived hereby. Section 8.2 ~.Lll~IiI~lJ~. In the event Seller shall have fully performed or tendered performance of its duties and obligations hereunder, but Buyer shall have failed to perform its duties and obligations hereunder, the Deposit shall be retained by Seller a~ Seller's agreed-upon liquidated damages, it being otherwise difficult or impossible to determine Seller's actual damages at the time of the execution hereof or on the Closing D~te, which liquidated damages shall be in addition to any and all other legal or equil~ble r~medi~ of Seller including any right to acnml damages in excess of said liquidated damages. 21 ARTICLE IX GENERAL PROVISIONS Section 9.1 Notices. Any notice or demand to be given or that may be given hereunder shall be in writing and shall be (i) delivered by hand, or (ii) delivered through the United States mail, postage prepaid, certified, remm receipt requested, or (iii) delivered through or by Federal Express or other expedited mail or package service, addressed to the parties as follows: To Seller: With a copy to: To Buyer: City of Roanoke Mr. W. Robert Herbert City Manager Room 364, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Wilbum C. Dibling, Jr., Esq. City Attorney Room 464, Municipal Building 215 Church Avenue, S.W. Roanoke, Virgini~ 24011 Trav,l~it Corporation P. O. Box 500 Bwwst~r, New York 10509-0500 AUention: Mr. Frank Neubauer With a copy to: Nm'well M. Darby, Jr. Esquil~ Glenn, Flippin, Feldmann & Dm-by 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 24001 22 Any notice or demand that may be given hereunder shall be deemed complete when (i) delivered by hand, or (ii) delivered through the United States mail, postage prepaid, certified, return receipt requested, or (iii) delivered through or by Federal Express or other expedited mail or package service to the appropriate address as herein provided. Any time frame or period during which a response shall be given shall not commence until actual receipt of notice. Any party hereto may change said address by notice in writing to the other parties in the manner herein provided. Section 9.2 ~!l~l~811glllg~. This Agreement, together with the exhibits hereto, contains ail rePresentations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are replaced in total by this Agreement and the exhibits hereto. Section 9.3 Time. Time is of the essence in the performance of the parties' respective obligations herein contained. Section 9.4 ~. In the event any dispme between the parties hereto should result in litigation, the prevailing party shall be reimbursed for all reasonable costs, includillg, without limitation, reasonable attorneys' fees for any and Section 9.5 l~[~M~i~. The obligations, rePresentations, warranties and the remedies for breach thereof herein contained shall not merge with mmsfer of title but shall remain in effect as herein provided. 23 Section 9.6 Successors and Assigns This Agreement may not be assigned by either party without the prior written consent of the other; provided, however Buyer may assign this Agreement to an affiliate of Buyer without the consent of Seller. Subject to the foregoing provision, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. · Section 9.7 ~. This Agreement may be executed in one or more counterparts, and all such so executed shall constitute one agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart. Section 9.8 ,F3~[I~!Illl~I~. Whenever and so often as requested by Buyer, Seller will promptly execute and deliver or cause to be execullxi and delivered ail such other and further instruments, documents or assurances, and promptly do or cause to be done ail such other and further things as may be reasonably necessary and reasonably requi~d in order to further and more fully vest in Buyer all rights, interests, powers, benefits, privileges and advantages conferred or intended to be conferred upon it by this Ag~ement. Section 9.9 Construcfi~. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interprelafion of this Agreement or any amendments or exhibits hereto. 24 IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement under seal as of the day and year first above written. SELLER: TI{E CITY OF ROANOKE, VIRGINIA By:, Title: ATTEST: City Clerk BLrYER: TRANSKRIT CORPORATION By: Title: A - Subdivision Plat B - Preliminary $it~ Plan ,- :2. DRAFT AGREEMENT TO PURCHASE AND EXCHANGE REAL ESTATE For the mutual promises contained herein and other good and valuable consideration, the receipt of which is acknowledged and subject to the terms and conditions contained herein, Blue Hills Golf Club Corporation (hereinafter referred to as "Blue Hills") does hereby agree to convey to the City of Roanoke, Virginia, (hereinafter referred to as "City") and City does hereby agree to convey to Blue Hills certain parcel of real property situated in the City of Roanoke, Virginia. Blue Hills agrees to convey to City 0.369 acres located adjacent to the Roanoke Centre for Industry and Technology, being a part of the property bearing Official Tax No. 7270101, as shown as Parcel C on plat of survey prepared by Mattern & Craig showing subdivision of Parcel 5, in the Roanoke Centre for Industry and Technology, and attached hereto as Exhibit A, including all rights and appurtenances, and rights-of-way and rights of access. City agrees to convey to Blue Hills Parcels A and B as shown on Exhibit A and containing approximately 0.294 acres and 0.997 acres respectively, including all rights and appurtenances, and rights-of-way and rights of access. 1. Subject to the terms and conditions contained herein, settlement shall be made at the Office of the City Attorney on approximately May 21, 1993 ("Settlement"), it being recognized that time is of the essence. Possession shall be given at Settlement unless otherwise agreed by the parties. 2. Parties agree that at Settlement, each party shall be responsible for the following costs with respect to the property conveyed from that party: (i) applicable .grantor's tax; (ii) real estate taxes, unpaid assessments or liens, and any applicable rollback real estate taxes which may become due on the Property; (iii) any other customary fees and expenses ordinarily paid by a seller of real property; and 3. Each party covenants and warrants as to that property being conveyed from it that the property is free and clear of all liens, rights in others and encumbrances except taxes and assessments for the current year and covenants and restrictions of record. The property is and shall be delivered free and clear of any leasehold interests and shall be unoccupied. 4. Each party warrants and covenants that as to the property being conveyed from it that it has the authority to execute this contract and that it now holds the fee simple title to said property. Each party shall convey said property to the other party by General Warranty deed with English Covenants of Title. If a defect in title Is found which can be remedied by legal action within a reasonable time, the conveying party shall, at its expense, promptly take such action as is necessary to cure the defect. If the conveying party, acting in good faith, is unable to have such defect corrected within 60 days after notice of such defect is given to the conveying party, then this Agreement may be terminatedbythe acquiring party or the acquiring party may extend the date for Settlement to the extent necessary for the conveying party to comply with this Paragraph. 5. Ail risk of loss or damage to the property by fire, windstorm, casualty or other cause, is assumed by conveying party until Settlement. 6. The conveying party shall deliver to the other party an appropriate Seller's affidavit to the effect that no labor or materials have been furnished to the property which is being conveyed within the statutory period for the filing of mechanics or materialmen's liens against the property, or, if labor or materials have been furnished, that the costs therefor have been paid, such affidavit or other documentation to be in form acceptable to the acquiring party. The conveying party also agrees to provide any certifications or documentation required by sections 1445 (FIRPTA) and 6045 (Form 1099-B) of the Internal Revenue Code. 7. The parties agree that this Agreement shall be binding upon them, their suocessors, and assigns, and that the parties shall not be bound by any terms, conditions, oral statements, warranties or representations not herein contained, and that the Agreement shall be construed under the laws of the Commonwealth of Virginia. The terms of this and delivery of the deed. 8. Notwithstanding any Agreement shall survive the closing other provision of this Agreement, Blue Hills recognizes and agrees that this Agreement is subject to and requires formal approval of and authorization by Roanoke City Council prior to being binding upon the City of Roanoke. 3 WITNESS the following signatures: ATTEST: BLUE HILLS GOLF CLUB CORPORATION Title ATTEST: CITY OF ROANOKE Mary F. Parker City Clerk By W. Robert Herbert City Manager Approved as to form: By Asst. City Attorney Appropriation and Funds Required for this Contract Certified: PLAT HAS NOT BEEN REDUCED MAP BOOK PAGE CURVE DATA CURVE LOT DELTA RADIUS ARC TAN CHORD Cl R/W 008°38'56' 109F.74' 165.71' 83.01' S33°28'38'E 165.5J N26°51'16"E c2 6A 004°19'40" 1037.76' 78.39' 39.21' S35"38'16"E T8.31 133.38' C2 8 004'16'20' 1037.76' 77.38' 38.71' S31'20't6"E 77.3~ C2 TOTAL 008°36'00' 1037.76' 155.76' 78.03' S33°30'06'E 155.6; c3 6A 095°10'07" 25.00' 41.53' 27.36' S14°06'38'W 36.9 C4 6A 040'12'04" 330.01' 231.55' 120,77' S57'54'08'E 226.8; C5 EASEHENT 000°44'35" 389,99' 5,06' 2.53' S77°37'52'E 5,0~ , C5 D 039°27'29' 389,99' 268,57' 139.86' S57°31'51"E 263,3, C5 TOTAL 040°12'04' 389,99' 273,63' 142.72' S57°54'08'E 268.0 - _C6 EASEHENT 065°42'04' 40,00' 45.87' 25.83' N44'24'32"W 43.4 C7 EASEHENT 156°26'40' 60.00' 163.83' 287.76' S89°46'50'E 117.4 C8 R/W 041°12'09" 389.99' 280.45' 146.60' N57°24'O6'W 274.4 C8 A 019°20'58" 389.99' 131.70' 66.49' N27°O7'32'W 131.0 C8 TOTAL 060°33'07' 389.99' 412.15' 227.67' N47°43'37'W 393.2 M~.NIMUM 8AC~xLINE · E. ~ND ,INAGE ~ EMENT ~ 20' X~ERMANENT DRAINAGE EASEMENT \ NT6°l~'56"E 90.83' \ 50' SLOPE EASEMENT ----x JM INE BLUE HILLS GOLF CORP. 30' MINIMUM NT6°16'56"E DB 904 PG 573 SETBACK LINE ,/ 21.05' TAX # 7270101 P.U.E. AND- / 153,078 ACRES N13°O6'56"E (SEE NOTE 5, SHEET 1) 58.97' , N12°24'O4"W 140.17' N19°47'34"W 90.72' N39°18'34"W 42.46' N39o18'34"W :6 59.98'. \ \ x ACCESS EASEMENT (0.259 ACRES) -CUL-DE-SAC EASEMENT (0.134 ACRES) ~__.N46°OO'39"E .) PARCEL A (0. 294 AC.) t19.59' MaCkern & Craig CONSULTING E~GINEERS - SURVE'tORS TOI FIRST STREET N50°41 '26"E 49,35' S17" 27' 03"E 215.52' NEW PARCEL 6 35.047 ACRES (REMAINING PORTION OF PARCEL 5 MB 1 PG 628) (SEE SHEET 3 OF PLAT OF SURVEY SHOWING THE SUBDIVISION OF PARCEL 5 (55.151 ACRES) ROANOKE CENTRE INDUSTRY AND TECHNOLOGY HAP BOOK 1 PAGE 628 CONVEYING 2 PARCELS TO BLUE HILLS GOLF CORPORATION PARCEL A (0.294 ACRES) & PARCEL B (0.997 ACRES) AND HEREBY AND THE CITY CITY SCALE= 1" CONVEYING PARCEL C (0,369 ACRES) TO THE CITY OF ROANOKE DEDICATING PARCEL D (0.672 ACRES) FOR LANDSCAPING PURPOSES DEDICATING HEREON 1.152 ACRES TO OF ROANOKE FOR PUBLIC STREET PURPOSES OF ROANOKE, V I RG I N I A = 100' DATE= MARCH 18, 1993 gHFFT p nF ,~ THIS ORIGINAL SIZED [] PROPERTY © PROPERTY · PROPERTY O TREE CORNER CORNER CORNER SET FOUND EXISTING RIGHT-OF-WAY AND EASEMENT (MB 1 PG 628) NICHOLAS F. TAUBMAN DB 1570 PG 1806 TAX # 7240103 PARCEL B (0,997 AC.) BLUE HILLS CIRCLE N.E. 03 ARDEN ASSOCIATES, DB 1651 PG 410 TAX # 721 01 01 LP PARCEL C (0. 369 AC. ) MINIMUM SETBACK LINE AND P.U.E. N28"40'34"W 61 .99' ~45 9"09' 04"W 97.23' .S67° 57_'--0_6 110.00' NOl°48'34"W 127.55' EXISTING POWER LINE S02"51 '26" .68' N 84~'~47' 34 SEI P.L EA. C2 ~ CI 43.08' NEW PARCEL 17. 359 ACRES (INCLUDING AREA OF PARCEL C} 6A 50' MINIMJ SETBACK L AND SLOPE EASEMENT - 30' MINIMUM SETBACK LINE AND P.U.E. 50' MINIMUM SETBACK LINE AND SLOPE EASEMENT ~ Nll"59'5~"E 59.98' '~ / //o~ S37 ° 48' 06"E 277.07' NEW RIGHT-OF-WAY (1.152 7°48, 27; ACRES) C4 C-5 S37"48'06"E JER-PAH PROPERTIES, DB 1293 PO 1735 TAX # 39.20-1-15 709.99' INC. -- PARCEL D (0. 672 AC MARY F. PARKER City Clerk, CMC/A~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Vir~nia 24011 Tdephone: ('/03) 981-2541 Deputy City Clerk May 14, 1993 File #2-68=77=144=166=468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31439-051093 providing for donation and release of the City's interest in a strip of land approximately 1,000 feet in length and up to 10 feet wide in property currently being used by the Roanoke Valley Regional Solid Waste Management Board, upon certain terms and conditions. Ordinance No. 31439-051093 was adopted by the Council of the City of Roanoke on first reading on Monday, May 3, 1993, also adopted by the Council on second reading on Monday, May 10, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric o 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 Cromer, Manager, Solid Waste Disposal MARY F. PAI~KRR City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ C~aurch Avenue, S.W., Room Roanoke, Vir~fia 24011 Telephone: (70~) 981-2541 SANDRA H. EAYJN Deputy City Clerk May 14, 1993 File #68-77-144-166-468 Mr. Elmer C. Hedge County Administrator County of Roanoke P. O. Box 29800 Roanoke, Virginia 24018-0798 Mr. B. Clayton Goodman, III Town Manager Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Gentlemen: I am enclosing copy of Ordinance No. 31439-051093 providing for donation and release of the City's interest in a strip of land approximately 1,000 feet in length and up to 10 feet wide in property currently being used by the Roanoke Valley Regional Solid Waste Management Board, upon certain terms and conditions. Ordinance No. 31439-051093 was adopted by the Council of the City of Roanoke on first reading on Monday, May 3, 1993, also adopted by the Council on second reading on Monday, May 10, 1993, and wili take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc o pc: Mr. Jeffrey Echols, Resident Engineer, Virginia Department of Transportation, 714 S. Broad Street, Salem, Virginia 24153 Mr. John H. Parrott, Chairperson, Roanoke Valley Regional Solid Waste Management Board, 714 Wildwood Road, S. W., Roanoke, Virginia 24014 Ms. Joyce W. Waugh, Economic Development Specialist, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Ms. Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Ms. Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 10th day of May, 1993. No. 31439-051093. AN ORDINANCE providing for the donation and City's interest in a strip of land currently being Roanoke Valley Regional Solid Waste Management Board upon certain terms and conditions. release of the used by the ("RVRSWMB"), BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or Assistant City Manager and City Clerk or the Deputy City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to donate and release the City's interest in a strip of land approximately 1,000 feet in length and up to 10 feet wide in property currently being used by the RVRSWMB, along the northeast side of Rutrough Road, to the Virginia Department of Transportation, or other appropriate state agency, and to allow such other mutually agreeable encroachment on the property for construction, access and grading for temporary improvement, upon adoption of a similar measure by Roanoke County and the Town of Vinton, as more particularly set forth in the report to this Council dated May 3, 1993. ATTEST: City Clerk. '93 l ,99 27 Roanoke, Virginia May 3, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Donation of Real Estate Interest to the Virginia Department of Transportation (VDOT) The attached report was considered by the Water Resources Committee at its meeting on April 26, 1993. The Committee recommends that Council authorize the donation of the City's interest in real estate for improvements to Rutrough Road in accordance with conditions stated in the attached report. Respectfully submitted, Eliza"beth T. Bowles, Chairman ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Water Resources Committee Director of Utilities & Operations Mr. John H. Parrott Ms. Joyce W. Waugh CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: April 26, 1993 Bow~es and Member~ ~Water Resources Committee B. Kiser thru W.-'R~bert Herber SUBJECT: Donation of Real Estate Interest to the Virginia Department of Transportation (VDOT) Backqround: Landfill aqreement, dated July 29, 1975, created the Roanoke Valley Regional Solid Waste Management Board (Landfill Board) and the operational structure for the current regional landfill adjacent to Rutrough Road in Southeast Roanoke County. Ownership of real property, composing of 257 acres, more or less, is as follows: City of Roanoke Roanoke County Town of Vinton 64.0% 31.2% 4.8% Parties to the Landfill Agreement, Roanoke City, Roanoke County, and the Town of Vinton, can sell their interest in the real property, but only to other members. Upon determination that all or part of the land is fully utilized or no longer needed for landfill purposes, the parties agreed that the property shall be designated and maintained for recreational purposes, or sold to the highest bidder and the proceeds from the sale divided between the parties in the same percentages listed above. Landfill aqreement can be amended by a concurring resolution of the parties to the agreement which, in addition to the initiating party requesting the amendment, shall constitute not less than three-fourths (3/4) representation on the Landfill Board, excluding ex-officio members. II. Current Situation: A. Explore Park is expected to open in 1994. Page 2 Blue Ridqe Parkway Spur to the Explore Park is not expected to be open until 1996. Letter request dated February 22, 1993, copy attached, and verbal presentation by Mrs. Joyce Waugh, Roanoke County Economic Development Specialist and Mr. J. Scott Hodge, Assistant Resident Engineer of VDOT was considered by the Landfill Board at its March 10, 1993 meeting for donation of a 10 foot wide strip along Rutrough Road, plus temporary construction easements, to VDOT. This would permit VDOT to improve Rutrough Road which would then serve as temporary access to Explore Park. Landfill Board Chairman John H. Parrott, has advised Roanoke City Manager W. Robert Herbert by the attached letter of March 26, 1993 that the Landfill Board does not object to the donation of this strip of land to VDOT to facilitate widening of Rutrough Road. III. Issues: A. Use of the land B. Cost C. Leqal documentation IV. Alternatives: Committee recommend that Council adopt the appropriate measure authorizinq the City Manager or Assistant City Manager and the City Clerk or Deputy City Clerk to execute the appropriate documents, subject to the approval of the City Attorney, to donate the City's interest in a strip of land approximately 1,000 feet in length and up to 10 foot wide in property currently being used by the Landfill Board, along the northeast side of Rutrough Road, to the Virginia Department of Transportation, or other appropriate State Agency, and to allow such other mutually agreeable encroachment on the same property for construction access and grading for temporary improvements, upon adoption of a similar measure by Roanoke County and the Town of Vinton. Use of the land is needed by VDOT but not by the Landfill Board. 2. Cost to the parties to the Landfill Board is zero. Page 3 Vo 3. Leqal documentation will be prepared by VDOT and/or others subject to approval of the City Attorney. Committee recommend that Council not aqree to donation of the City's interest in the desired strip of land for Rutrough Road improvements. 1. Use of the land will not occur. 2. Cost is a moot issue. 3. Legal documentation is a moot issue. Recommendation: Committee recommend that Council authorize donation of the City's interest in real estate for improvements to Rutrough Road in accordance with Alternative KBK:WRH:afm Attachments cc: City Manager City Attorney Director of Finance Mr. John H. Parrott Ms. Joyce W. Waugh March 26, 1993 POST OFFICE BOX 12312 ROANOKE, VIRGINIA 24024 703 981-9331 W. Robert Herbert, City Manager Room 364 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Mr. Herbert, The Roanoke County Board of Supervisors and the Virginia Department of Transportation authorized Rutrough Road improve- ments from the entrance of the regional landfill to Lemon Lane. These improvements would allow traffic from the Blue Ridge Parkway to reach the Explore Park by the scheduled opening in 1994 before the Blue Ridge Parkway Extension's completion in 1996. To make these lm~orovements, Roanoke County and VDOT has requested the Regional Landfill Board donate a maximum ten feet right-of-way along the southern portion of the property bordering Rutrough Road. They are also requesting a temporary easement to lay back the cut slopes next to the right-of-way. This right-of-way would run through an unused portion of the landfill property and would not effect landfill operations. The Landfill Board has no objection if this portion of landfill property is donated to the Virginia Department of Transportation. Please contact me if you have any questions. J~h H. Parrott, Chairman R~fanoke Valley Regional Solid Waste Management Board February 22, 1993 1979 1989 Mr. Jeff Cromer Executive Director Roanoke Regional Landfill P. O. Box 12312 Roanoke, Virginia 24024 RE: Request for Agenda Item on Rutrough Road Improvements and request for approval of Landfill entry with consideration of possible use of Landfill property for improvements. Dear Jeff: As you requested, this letter will identify the purpose of our request for an Agenda Item to discuss Rutrough Road Improvements (Rt. 618 from the entrance of the landfill to Lemon Lane) at the next Roanoke Regional Landfill Board meeting on Wednesday, March 10, 1993. As we discussed by telephone last week, the Roanoke County Board of Supervisors authorized an appropriation of $350,000 for Rutrough Road improvements, primarily widening and strengthening. These funds being matched by the Virginia Department of Transportation (VDOT). The purpose of the improvements is to allow Blue Ridge Parkway traffic to reach Virginia's Explore Park by the scheduled 1994 opened, in advance of the Parkway extension to the Park to be completed by 1996. The road improvement will be permanent, going from approximately a 30' right-of-way to a 40' right-of-way. Rutrough Road improvements are a no-plan project. Survey work is scheduled within the next few weeks to begin to determine the exact location of the improvements. Construction is planned for this fall. It is the desire of the County and VDOT to utilize Explore Park property and other public property wherever possible to minimize the impact of the road's widening on private citizens in the neighborhood. For this reason we request to be on the agenda to further explain the project and request the Board's approval for entering the Roanoke Regional Landfill for planning with consideration of possible use of Landfill property for improvements to Rutrough Road. A map of the area of improvement is enclosed. PO. BOX 29800 i~OANOKE. VA 24018-0798 (703) 772-2069 fAX. NO.: (703) 772-2030 Cromer February 22, 1993 Page 2 Jeff Echols, Resident Engineer, and/or J. Scott Hodge, Resident Engineer, both with VDOT, plan to join me to Board and address any questions members may have. Assistant brief the Please call me at 772-2124 if I can be of further assistance or address any questions in advance of the March 10th meeting. Thank you for your consideration. c: Jeff Echols, VDOT J. Scott Hodge, VDOT Sincerely, Joyce W. ~Waugh :~:~mic Development Specialist ! ,! COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 '93 -4 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 May 28, 1993 BOARD OF SUPERVISOR$ (703) 772'2005 Mr. Jeffrey Echols, Resident Engineer Virginia Department of Transportation P. O. Box 3071 Salem, Virginia 24153 Dear Mr. Echols: Attached is a copy of Ordinance 52593-4 donating Roanoke County's interest in certain real estate to the Virginia Department of Transportation for Rutrough Road improvements. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, May 25, 1993. If you need further information, please do not hesitate to contact me. bjh Attachment cc: Joyce Waugh, Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors Economic Development Specialist Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney John H. Parrott, Chairman, Roanoke Valley Regional Solid Waste Management Board Mary F. Parker, Clerk, Roanoke City Council Carolyn $. Ross, Clerk, Vinton Town Council AT A REGULAR MEETING OF THE BOARD OF SUPERVISOR~ OF ROANORE COUNTYw VIRGINIA, HELD AT THE RO~NOKE COUNTY ADMINISTRATION CENTER, TUESDAYt NAY 2Sw 1993 ORDINANCE 52593-4 DONATING ROANOKE COUNTY'S INTEREST IN CERTAIN RE~L ESTATE TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR RUTROUGH ROAD IMPROVEMENTS. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses, namely road improvements; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on May 11, 1993; and a second reading was held on May 25, 1993, concerning the donation of Roanoke County's interest in a 10-foot right-of-way fronting on Rutrough Road (approximately .52 acres) for the road's improvement; and 3. That this portion of County property be, and hereby is, conveyed to the Virginia Department of Transportation; and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: cc: Brenda J. H~lton, Deputy Clerk Roanoke County Board of Supervisors File Joyce W. Waugh, Economic Development Specialist Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney Jeff Echols, Resident Engineer, VDOT John H. Parrott, Chairman, Roanoke Valley Regional Solid Waste Management Board Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council MARY F. PARKER City Clerk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Vtr~nia 2~011 Telephone: (703) 981-2541 Deputy City Clerk May 14, 1993 File #29-169-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31440-051093 authorizing execution of agreements with Appaiachian Power Company permitting abandonment, relocation, and installation of said Company's electric service system to the Carvins Cove Water Treatment Plant basin construction area and to the Carvins Cove Dam, upon certain terms and conditions. Ordinance No. 31440-051093 was adopted by the Council of the City of Roanoke on first reading on Monday, May 3, 1993, also adopted by the Council on second reading on Monday, May 10, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: 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 Mr. L. Bane Coburn, Project Manager Mr. Richard V. Hamilton, Right-of-Way Agent Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department IN THE COUNCIL OF THE CITY OF The 10th day of May, 1993. No. 31440-051093. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the execution of agreements with Appalachian Power Company ("Appalachian") permitting abandonment, relocation, and installation of Appalachian's electric service system to the Carvins Cove Water Treatment Plant basin construction area and to the Carvins Cove Dam, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, (a) an appropriate agreement with Appalachian for the abandonment of Appalachian's overhead power service system to the Carvins Cove Water Treatment Plant and the relocation of that service around the easterly and northerly sides of the basin construction area at the plant, upon certain terms and conditions, as more particularly set forth in the report to this Council dated May 3, 1993, and (b) an appropriate agreement with Appalachian regarding the installation of electric service to Carvins Cove Dam from the northerly terminus of Carvins Cove Dam Road, upon certain terms and conditions, as more particularly set forth in the report to this Council dated May 3, 1993. ATTEST: City Clerk. Roanoke, Virginia May 3, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Carvins Cove Filter Plant Improvements Phase I - Relocation of Overhead Electric Service - Appalachian Power Company (APCO) The attached report was considered by the Water Resources Committee at its meeting on April 26, 1993. The Committee recommends that Council authorize the appropriate City officials to execute an APCO agreement allowing the electric service system at the Carvins Cove Water Treatment Plant to be moved to a new location and new electric service be provided to Carvins Cove Dam in accordance with conditions stated in the attached report. Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Water Department Engineering Project Manager INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: April 26, 1993 M . ers, W, ater Resources Committee i . Kiser, Di~e~_Utilities & Operations, W. Robert Herber~Manager CARVINS COVE FILTER PLANT IMPROVEMENTS, RELOCATION OF OVERHEAD ELECTRIC SERVICE APPALACHIAN POWER COMPANY (APCO) PHASE I thru III. I. Backqround: Project approval for the subject improvement was granted by City Council by Ordinance No. 30614-070891. Extensive re-workinq of aeration basins, mixing and settling basins and sedimentation basin has necessitated the relocation of overhead electric power service to the plant and low-lift pump station(s). New electric service system to Carvins Cove Dam itself is another element of this project. This service will be extended on City-owned property from the northerly end of Carvins Cove Dam Road to the Dam. The final engineering work on this line is now being prepared by APCO. II. Current Situation: Agreement has been submitted by APCO permitting realignment of overhead power lines around the easterly and northerly sides of the area affected by the basin construction. The existing line(s) pass through that construction area and cannot remain in that location. B. City Council approval is required of this type of easement vacation and relocation on public property. Issues: A. Need B. Timinq Members, Water Resources Committee RE: Carvins Cove Filter Plant Improvements-Phase I Relocation of Overhead Electric Service April 26, 1993 Page 2 IV. Alternatives: Committee recommend to City Council that it (i.) authorize the appropriate City officials to execute the attached APCO Agreement authorizing the abandonment of portions of the existing APCO overhead power service system to the Carvins Cove Water Treatment Plant and the relocation of that service around the easterly and northerly sides of the basin construction area at the plant as shown on the attached APCO Drawing No. R-2976. (ii.) authorize the appropriate City officials to negotiate with APCO regarding the alignment of electric service to Carvins Cove Dam from the northerly terminus of Carvins Cove Dam Road and to execute an Agreement with APCO permitting the installation of that new electric service. 1. Need by APCO to provide new electric service systems to Water Treatment Plant and Dam is met. 2. Timinq to permit electric system at plant to be moved out of the way of construction quickly is met. Committee not recommend to City Council that it authorize the execution of APCO Agreement's permitting the plant's electric service system to be moved out of the way of construction at the Carvins Cove Water Treatment Plant and a new system to be provided to the Dam. 1. Need by APCO to move system from construction area and new system provided to Dam not met. 2. Timinq to move system out of way of construction at plant as soon as possible is not met. Recommendation: Committee recommend to City Council that it authorize the appropriate City officials to execute an APCO Agreement allowing the electric service system at the Carvins Cove Water Treatment Plant to be moved to a new location and new electric service be provided to Carvins Cove Dam in accordance with Alternative "A". Members, Water Resources Committee RE: Carvins Cove Filter Plant Improvements-Phase I Relocation of Overhead Electric Service April 26, 1993 Page 3 KBK/RVH/fm Attachment cc: City Attorney Director of Finance Manager, Water Department Engineering Project Manager (Coburn) MAP NO. 3780-157D-158A-158B PROPERTY NO. 2 EAS. NO. W. O. 750-0011 J. O. 93-1794 THIS &GREEMEHT, made this 15th day of March, 1993, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GP~%NTOR," and APPALACHIAN POWER COMPANY, a Virginia public service corporation, herein called "APPALACHIAN." W I TN ES SETH: THAT FOR AND IN CONSIDEI~ATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GP~%~TOH hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of relocating overhead power lines for new improvements to the Carvins Cove Water Filtration Plant in the Hollins area of Roanoke County. BEING a right of way, in, on, along, over, through, across or under said lands for the purpose of relocating power lines to allow the City of Roanoke to expand and do improvements to the Carvins Cove Filtration Plant. The location of said electric facilities being shown on print of Appalachian Power Company's Drawing R-2976 dated March 15, 1993, and entitled, "Proposed Line Relocation, City of Roanoke Property on Carvins Cove Filter Plant Property on Angel Lane (C-815)" attached hereto and made a part hereof. It is understood and agreed, in the future, Appalachian, upon written notice from GRANTOR, shall relocate, for one (1) time only, at Appalachian's expense, said facilities to another location on said premises provided the Grantors, their successors or assigns, furnish without cost to Appalachian, a satisfactory new location for said facilities. TO~ETHE~ with the right to said APPALACHIAN, its successors and assigns, to place, maintain, inspect, and add to the number of poles, crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; with prior consent in writing of the GRANTOR, to remove from said premises any trees or other obstructions which may endanger the safety or interfere with the use of said poles, croesarms, cables, transformers, guys and anchors; and the reasonable right of ingress and egress to and OVer the premises above referred to and any of the adjoining lands of the party of the GRANTOR, at any and all reasonable times, for the purpose of patrolling the line, or repairing, renewing or adding to the number of said poles, croesarme, wires, cables, transformers, guys and anchors; and for doing anything necessary or useful or convenient for the enjoyment of the rights herein granted; also the privilege of removing at any time any or all of said improvements erected in, on, or under said land. The GRANTOR hereby grants, conveys and warrants to Appalachian Power Company a nonmxciusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of its poles, crossarms, wires, cables, transformers, guys and anchors; from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain the said poles, crossarms, wires, cables, transformers, guys and anchors of APPALACHIAN. TO ~ ~ TO HO~D the same unto Appalachian Power company, its successors and assigns. WITNESS the signature of the city of Roanoke by , its and its municipal seal hereto affixed and attested by MARY F. PARKER, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY CLERK STATE OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) I, , a Notary Public in and for the City and State aforesaid, do certify that and , and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the __ day of , 19 __, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of 19 __. My Commission Expires: NOTARY PUBLIC AGRMTS/CTYROA2.WPF MAP SEC, 3780-1SBA& B ,8, 157 D ANGEL LN. ~' COUNTY OF ROANOKE VIRGINIA T D 665000 HOLLINS MAGISTERIAL DISTRICT / / / / APPALACHIAN POWER COMPANY ROANOKE VIRGINIA ROANOKE DIVISION T.& D. DE. PARTMEN~ I=ROPOSED LINE RELOCATION CITY OF ROANOKE PROPERTY AT CARVINS COVE FILTER PLANT ON ANGEL LANE - C-BI,5 ~AWN BY L.M* A. DATE MAR. 15, 1993 AF'~. BY J B,A, III SCALE 1"--2OO ' DRAWING NO. R' 2976 DEPARTMENT OF FINANCE CITY OP ROANOKE. VA. May10, 1993 '93 HAY-7 /~11:20 TO: FROM: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance I, James D. Grisso, Acting Director of Finance of the City of Roanoke, in accordance with paragraphs (h) and (i) of Section 25.1 of the Charter of the City of Roanoke, do hereby certify that funds required for the 1993-94 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Nursing Home Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Utility Line Services Fund, Fleet Maintenance Fund, and School Fund budgets will be available for appropriation. JDG/pac ~rect~ of Finance MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room ~6 Roanoke, Virginia 24011 Telephone: (703) ~1-2541 Deputy City Clerk May 14, 1993 File #60 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31449=051093 adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $129,713,852.00. Ordinance No. 31449-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~' ~. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. George C. Snead, Jr., Director, Public Safety Ms. Corinne B. Gott, Acting Director, Human Development Mr. William F. Clark, Director, Public Works Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROI~OKE, VIRGINIA The 10th day of May, 1993. No. 31449-051093. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Total Revenue city Council city Clerk city Manager office of Management and Budget city Attorney Director of Finance Billings and Collections Commissioner of Revenue $ 54,881,408 41,637,306 622,000 635,000 855,702 26,750,667 33,000 4,007,889 290.880 $~29.713.852 $ 205 605 291 639 489 590 291 634 545 859 1,393 075 1,033 538 810 935 A ro 'at' (continued) Treasurer Real Estate Valuation Board of Equalization General Services Municipal Auditing Director of Utilities and Operations Director of Public Safety Personnel Management Risk Management Director of Human Development Director of Public Works Registrar Circuit Court Clerk of Circuit Court General District Court Juvenile and Domestic Relations Court Juvenile and Domestic Relations Court Clerk Sheriff Law Library Commonwealth's Attorney Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training Fire - Administration Fire - Technical Services Fire - Operations Fire - Training and Safety Jail Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Center Family Oriented Group Home Building Inspections Emergency Services Emergency Medical Services Animal Control Streets and Traffic Street Paving Communications Snow Removal Street Lighting Traffic Engineering Recycling Solid Waste Management custodial Services Engineering Building Maintenance Parks Maintenance $ 220,134 2,459,337 7,409,616 1,499,890 216.303 204,030 277,322 9,525,788 144.687 751,406 780,875 20,082 227 604 362 758 133 638 127 166 644 976 445 157 123 092 122 327 179 257 147 412 914 049 36,427 141,225 26,788 1,404,386 155,499 751,957 11,805,280 10,151,827 4,885,801 759,416 169,300 372,066 402,323 31,886 672,904 187,090 1,205,900 285,729 2,077,446 650,000 1,658,645 99,145 865,400 1,171,477 389,930 4,121,257 891,006 1,199,546 2,797,264 3,303,814 A ro r'at'ons (continued) Health Department Mental Health and Retardation Citizens Services committee Total Action Against Poverty Social Services - Admin. Income Maintenance Social Services - Services Employment Services Temp. Emergency Food Assistance State and Local Hospitalization Recreation city Market Contributions Libraries Community Planning Economic Development and Grants Grants Compliance Community Education VPI & SU Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Personnel Lapse $ 494,294 3,902,142 8,337,304 691,795 %4.783 Total Appropriations $ 1,007,948 315,252 279,685 183,910 13,440,318 96,981 1,287,489 21,334 1,208,910 1,818,440 500,145 299,203 54,827 48,646 56,570 750,522 64,810 45,925,908 365,546 725.000) 129.713.852 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Acting Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1993-94 General Fund Appropriation Ordinance; and 5. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full 1993. force and effect on and after July 1, ATTEST: City Clerk. MARY F, P~ER City Clerk, CMC/AA~ 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 l~puty City Clerk May 14, 1993 File #60-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31450-051093 adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $8,916,960.00. Ordinance No. 31450- 051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROi~OKE~ The 10t~ day 0~ ~ay, 1993. No. 31450-051093. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Non-Operating Total Revenue ~pDroDriations General Operating Expenses Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $2,165,510 616,171 1.084.455 $7,800,960 1.116.000 ~81916r960 $3,866,136 807,490 1,791,950 2.451.384 Total Appropriations ~8.916.960 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Water Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. ATTEST: City Clerk. MARY F. pAItKF~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 436 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #60-27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31451-051093 adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $6,967,081.00. Ordinance No. 31451-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Steven L. Walker, Manager, Sewage Treatment Plant Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROP, NOKE, VIRGINIA The 10th day 6f May, 1993. No. 31451-051093. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the city of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Sewage Treatment Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to- wit: Revenue Operating $ 6,397,000 Non-Operating ~03.000 Total Revenue ~ 6.500.000 Administration Lateral Maintenance and Replacement Maintenance Operations Laboratory Depreciation Interest Expense $1,507,912 1,357,215 772,344 2,071,788 246.439 $ 5,955,698 991,227 20.156 Total Appropriations ~ 6r967.081 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Sewage Treatment Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July l, 1993. ATTEST: City Clerk. MARY F. PARKE~ 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 May 14, 1993 File #60-192 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31452-051093 adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $2,071,569.00. Ordinance No. 31452-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o po: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Bob E. Chapman, Manager, Civic Center Facilities Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th day of May, 1993. No. 31452-051093. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Civic Center Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Civic Center Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to- wit: Revenue Operating $ 1,095,400 Non-Operating 635,631 Total Revenue $ 1.731.031 Appropriations Operating Expenses Promotional Expenses Depreciation Capital Outlay Total Appropriations $1,599,966 81.o65 $ 1,681,031 340,538 50,000 $ 2.07%~569 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Civic Center Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 2401 I Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #60-331 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31453-051093 adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $2,281,788.00. Ordinance No. 31453-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~u~J~-~-~ Mary F. Parker, CMC]AAE City Clerk MFP: sm Enc. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th day of May, 1993. No. 31453-051093. AN ORDINANCE adopting the annual Transportation Fund Appropriation of the city of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the city of Roanoke as follows: 1. That all money that shall be paid into the city Treasury for the Transportation Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Transportation Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to- wit: Revenue Operating Non-Operating Total Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Depreciation Interest Expense Transfer to Other Funds $ 1,376,967 828.500 $ 2.205.467 $ 77 545 218 074 118 735 167 970 110 225 522 008 728 715 338.516 Total Appropriations $ 2.281.788 2. That all sularies and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Transportation Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. 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) 981-2541 SANDRA H. EAK1N Deputy City Clerk May 14, 1993 File #60-72-44 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31454-051093 adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $1,596,343.00. Ordinance No. 31454-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Mr. Robert F. Hyatt, Manager, Nursing Home Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUIqOIL OF THE CITY OF ROi%NOKE, VIRGINIA The 10th day of May, 1993. No. 31454-051093. AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the city of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Nursing Home Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Nursing Home Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to- wit: Revenue Operating Non-Operating Total Revenue A ro ' ' Operating Expenses Depreciation $ 1,152,192 404.419 1.556.611 $ 1,556,611 39.732 Total Appropriations 1.596.343 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Nursing Home Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. 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 2A011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #60-301 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31455-051093 adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $2,188,267.00. Ordinance No. 31455-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Archie W. Harrington, Manager, City Information Systems Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth day of May, 1993. No. 31455-051093. AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the City Information Systems Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a City Information Systems Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenu~ Operating Total Revenue Approoriations Operating Expenses Depreciation Expense Total Appropriations $ 2.188.267 $ 2.188f267 $ 2,036,267 152,000 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 City Information Systems Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. 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) 981-2541 SANDRA H. EAK1N Dcputy City Clerk May 14, 1993 File #60-45 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31456-051093 adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $146,646.00. Ordinance No. 31456-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, fO~xA~-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The lOth day ~f May, 1993. No. 31456-051093. AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the city of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the city of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Materials Control Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Materials Control Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Total Revenue Appropriations Operating Expenses Depreciation Expense Total Appropriations $ 146,646 $ 142,569 4,077 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Materials Control Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1993. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke. Virginia 92011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #60-299 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31457-051093 adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $441,890.00. Ordinance No. 31457-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. r--'" a'~b -~'Sincerely, fO~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUN~XL OF THE CITY OF ROi~OKEt VIRGINIA The 10th day of May, 1993. No. 31457-051093. AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Management Services Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Management Services Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Total Revenue Operating Expenses Depreciation Expense Total Appropriations 441.890 441.89Q $ 416,512 25.378 $ 441.890 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993~ 94 Management Services Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. 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 2~011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk May 14, 1993 File #60-268 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31458-051093 adopting the annual utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $2,854,021.00. Ordinance No. 31458-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, Mary F. Parker, CMC/AA~. City Clerk MFP: sm Ene. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The loth day of May, 1993. No. 31458-051093. AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED follows: by the Council of the City of Roanoke as 1. That all money that shall be paid into the City Treasury for the Utility Line Services Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Utility Line Services Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Total Revenue Operating Expenses Depreciation Expense Total Appropriations 2.854.021 2.854.021 $ 2,697,901 156.120 $ 2.854.021 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein~ shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1993- 94 Utility Line Services Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room,~$6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #60-361 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31459-051093 adopting the annual Fleet Maintenance Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $3,841,955.00. Ordinance No. 31459-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF RO~OKE~ VIR~NI~ Y~e 10t~ d~y of ~y, 1~. ~o. ~1~-0~10~. AN ORDINANCE adopting the annual Fleet Maintenance Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Fleet Maintenance Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a Fleet Maintenance Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Total Revenue Appropriations Operating Expenses Capital Outlay Depreciation Expense Total Appropriations 2.786,447 2.786.447 $ 1,978,955 800,000 1.063.000 s 3.841.90 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be know~ and cited as the 1993- 94 Fleet Maintenan=e Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #60-467 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31460-051093 adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994, in the total amount of $69,877,373.00. Ordinance No. 31460- 051093 was adopted by the Council of the City of Roanoke at a regular meeting Held on Monday, May 10, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board Dr. Frank P. Tota, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board Mr. James D. Grisso, Acting Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINI~ The 10th day of May, 1993. No. 31460-051093. AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1993, and ending June 30, 1994; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the city of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the School Fund in the fiscal year beginning July 1, 1993, and ending June 30, 1994, shall constitute a School Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Grants-in-Aid Commonwealth State Sales Tax (ADM) Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Total Revenue Instruction General Support Transportation Operation/Maintenance of Plant Food Services Facilities Other Uses of Funds Total Appropriations $23,963,202 7,226,287 2,052,120 2,450,755 34.185.009 $51,897,039 2,594,964 2,632,586 8,177,797 3,054,661 505,600 69.877.373 69f877.373 69.877.373 69.877.373 2. That this Ordinance shall be known and cited as the 1993- 94 School Fund Appropriation Ordinance; and 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1993. 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #18-184-60 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31461-051093 adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1993; providing for certain saiary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; and repealing Ordinance No. 31000-051192, adopted on May 11, 1992, to the extent of any inconsistency, effective July 1, 1993. Ordinance No. 31461-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, City Treasurer The Honorable Donald S. Caidwell, Commonwealth's Attorney The Honorable W. Alvin Hudson, City Sheriff The Honorable Arthur B. Crush, III, Clerk, Circuit Court Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. Robert H. Bird, Municipal Auditor Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. W. Robert Herbert May 14, 1993 Page 2 pc: Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Ms. Corinne B. Gott, Acting Director, Human Development Mr. George C. Snead, Jr., Director, Public Safety Mr. Kenneth S. Cronin, Personnel Manager Mr. Barry L. Key, Manager, Office of Management and Budget Dr. Frank P. Tota, Superintendent of Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of May, 1993. No. 31461-051093. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 1993, providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; repealing Ordinance No. 31000-051192, adopted May 11, 1992, to the extent of any inconsistency; and providing for an emergency and effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to S2-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 1993, the Pay Plan hereinafter set out in its entirety, which shall PAY PLAN - FISCAL YEAR 1993-94 MERIT PAY MINIMUM MIDPOINT MAXIMUM INCREASE GRADE ANNUAL ANNUAL ANNUAL AMOUNT 1 $11,701.30 $13,750 $15,798.38 $ 343.72 2 12,286.82 14,438 16,588.78 360.88 3 12,901.98 15,161 17,419.48 379.08 4 13,547.04 15, 919 18,290.48 398.06 5 14,225.38 16,716 19,206.20 417.82 6 15,291.64 17,969 20,645.82 449.28 7 16,471.00 19, 768 23, 060.70 494.26 8 18,199.22 21,840 25,480.26 546.00 9 20,109.96 24,133 28,155.40 603.20 10 22,~'~ 46 26,668 31,112.90 668.64 11 23,574.46 29,468 35,381.56 738.58 12 26,048.10 32,560 39,072.02 814.06 13 28, 796.82 35, 996 43,195.10 899.86 14 31,849.46 39,812 47,774.46 995.28 15 35,241.70 44,0ro 52,862.42 1,101.36 16 38,247.30 48, 768 59, 283.90 1,219.14 17 42,358.42 54,008 65,668.50 1,350.18 18 48,933.38 59,841 72,747.46 1,496.04 19 51,024.22 66,3,.t4 81,641.56 1,658.28 20 56,585.38 73,554 90,540.06 1,838.98 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to S2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 1993, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of the City. 4. (a) Effective July 1, 1993, any officer or employee who received a merit increase (including any range adjustment) of less than five percent (5%) during fiscal year 1992-93 shall receive a salary increase calculated as follows: five percent (5%) of June 30, 1992 salary less annualized amount of any merit increase (including any range adjustment) received by officer or employee at any time during fiscal year 1992-93. (b) Effective July 1, 1993, any officer or employee who received a promotion during fiscal year 1992-93 shall receive a salary increase to adjust the officer's or employee's salary to the pay level that would have been achieved had the merit increase (including any range adjustment) received by the officer or employee in fiscal year 1992-93 been five percent (5%). 5. A merit increase in the amount of two and five-tenths percent (2.5%) of the individual officer's or employee's range midpoint shall be provided each officer or employee achieving 3 satisfactory review of service under merit evaluation procedures promulgated by the City Manager. 6. If, after any applicable salary increases provided for in this Ordinance, any officer's or employees's salary is below the applicable minimum for his pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum effective July 1, 1993. 7. When any salary increase provided in paragraph 4 or 5 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position on July 1, 1993, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range 1993. 8. provided for such officer's or employee's position on July 1, Annual salary increments payable on a bi-weekly basis are for the hereinafter set out Job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows= POSITION TITLE Appraiser Assistant City Manager Assistant Civic Center Manager Assistant to City Manager for Community Relations Deputy Chief Commissioner of Revenue Deputy Director of Real Estate Valuation ANNUAL SALARY INCREMENT $ 1,620.00 $ 1,800.00 $ 990.00 $ 1,080.00 $ 1,300.00 $ 1,620.00 POSITION TITLE License Inspector/Auditor City Attorney City Clerk Director of Finance Director of Human Development Director of Public Safety Director of Real Estate Valuation Junior Appraiser Manager of Civic Center Municipal Auditor Recreation Supervisor Senior Appraiser Superintendent of Social Services Tax Compliance Administrator Tax Compliance Auditor Youth Services Planner ANNUAL SALARY INCREMENT 1,300.00 2,000.00 2,000.00 2,000.00 1,800.00 1,800.00 2,000.00 1,620.00 990.00 2,000.00 990.00 1,620.00 450.00 1,300.00 1,300.00 900.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be termina~ed as of the date of elimination of such requirement. 9. To the extent of any inconsistency, Ordinance No. 31000- 051192, adopted May 11, 1992, is hereby REPEALED. 10. Any increase in compensation due to any officer or employee under this ordinance shall be first paid with the paycheck of July 14, 1993. 5 11. In order to provide for the usual daily operation of the municipal government, an emergency Is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1993. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Vhr~inia 24011 Telephone: (703) 9~1-2541 SANDRA H. EAKIN Deputy City Clerk May 14, 1993 File #18-162-184 Mr. Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of Ordinance No. 31464-051093 establishing the annual salary of the Director of Real Estate Valuation at $58,800.00, retroactive to July 1, 1992; and retroactive to March 1, 1993, the annual salary shall be increased to $61,740.00. Ordinance No. 31464-051093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 10, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of May, 1993. No. 31464-051093. A RESOLUTION establishing the annual salary of the Director of Real Estate Valuation retroactive to July 1, 1992. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as Retroactive to July 1, 1992, the annual salary of the Director of Real Estate Valuation shall be increased to $58,800. 2. Retroactive to March 1, 1993, the annual salary of the Director of Real Estate Valuation shall be increased to $61,740. 3. This resolution shall be in full force and effect upon its adoption retroactively to the dates established by paragraphs 1 and 2 supra and shall remain in full force and effect until modified by resolution duly adopted by this Council. ATTEST: City Clerk.