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HomeMy WebLinkAboutCouncil Actions 05-10-93FITZPATRICK
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~
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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
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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
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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
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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.