HomeMy WebLinkAbout36153-120602 - 36441-0721031
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of December, 2002,
No. 36153-120602.
A RESOLUTION authorizing the filing of a petition to rezone property
which is owned by the City of Roanoke and which is designated as Official Tax
Nos. 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308,
3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817,
3070501 and 3070318 and property which is owned by Calvin W. and Mary C.
Powers and Theodore J. and Judy P. Sutton and which is designated as Official
Tax No. 3070321.
WHEREAS, the City of Roanoke owns certain property designated as
Official Tax Nos. 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307,
3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816,
2041817, 3070501, and 3070318, in the City; and
WHEREAS, such property is currently zoned LM, Light
Manufacturing District, and C-2, General Commercial District; and
WHEREAS, Calvin W. and Mary C. Powers and Theodore J. and
Judy P. Sutton own certain property designated as Official Tax No. 3070321; and
WHEREAS, such property is currently zoned C-2, General
Commercial District; and
WHEREAS, it is the desire of City Council to consider the rezoning of
such property in conjunction with the construction of a stadium/amphitheatre,
from LM, Light Manufacturing District, and C-2, General Commercial District, to
C- 3, Central Business District.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. That public necessity, convenience, general welfare and good
zoning practice require the filing of a petition to rezone the subject property
from LM, Light Manufacturing District, and C-2, General Commercial District, to
C-3, Central Business District, subject to proffered conditions, to provide for the
construction and operation of a municipal stadium and amphitheatre facility to
be used in conjunction with the existing Roanoke Civic Center.
2
2. That the City Manager is authorized to file a petition, similar in
form and content to the petition attached to the letter dated December 6, 2002, to
this Council, approved as to form by the City Attorney, to rezone the subject
property from LM, Light Manufacturing District, and C-2, General Commercial
District, to C-3, Central Business District.
3. That Council finds that the petition referenced above is not
substantially the same petition as the petition for rezoning filed by Petitioners
and considered by City Council at the public hearing held on May 20, 2002.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36154-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003General and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental ...................................
Transfer to Grant Fund (1) ..........................
Contingency (2) ...................................
$74,909,766.00
71,919,548.00
1,459,194.00
Grant Fund
3
Appropriations
Judicial Administration
DCJS Exile Grant CY 02 (3-14) .......................
DCJS Exile Grant FY 03 (15-17) ......................
Revenues
Judicial Administration
DCJS Exile Grant CY 02 (18-19) .....................
DCJS Exile Grant FY 03 (20)
01) Transfer to Grant Fund
02) Contingency
03) Regular Employee
Salaries
04) City Retirement
05) ICMA Match
06) FICA
07) Medical Insurance
08) Dental Insurance
09) Life Insurance
10) Disability Insurance
11) Advertising
12) Administrative
Supplies
13) Local Mileage
14) Other Rentals
15) Regular Employee
Salaries
16) FICA
17) Administrative
Supplies
18) State Grant Receipts
19) Local Match
20) State Grant Receipts
(001-250-9310-9535)
(001.300-9410-2199)
(035-150-5142-1002)
(13,643.00)
13,643.00
(89,317.00)
(035-150-5142-1105) ( 5,328.00)
(035-150-5142-1116) ( 1,560.00)
(035-150-5142-1120) ( 6,526.00)
(035-150-5142-1125) ( 4,362.00)
(035-150-5142-1126) ( 302.00)
(035-150-5142-1130) ( 777.00)
(035-150-5142-1131) ( 234.00)
(035-150-5142-2015) ( 200.00)
(035-150-5142-2030) ( 2,182.00)
(035-150-5142-2046) ( 8,650.00)
(035.150-5142-3075) ( 9,000.00)
(035-150-5143-1002) 20,681.00
(035-150-5143-1120) 116.00
(035-150.51432030) 8,292.00
(035-150-5142-5143)
(035-150-5142-5144)
(035-150-5143-5146)
122,795.00
(3,643.00)
29,089.00
1,107,587.00
37,576.00
29,089.00
1,107,587.00
37,576.00
29,089.00
4
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36155-121602.
A RESOLUTION amending the previously approved 2002-2003 Exile
Grant (02-C3527PX02) and accepting the 2003 Virginia Exile Grant offer (03-
D3527PX03) made to the City by the Department of Criminal Justice Services and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke amends its previous acceptance and
approval of the 2002-2003 Exile Grant (02-C3527PX02) from a total of $174,014.00,
inclusive of a local matching amount of $17,401.00, to a total of $37,576.00,
inclusive of a local matching amount of $3,758.00, for the reasons set forth in the
letter of the City Manager dated December 16, 2002.
2. The City of Roanoke does hereby accept the offer made to the City
by the Department of Criminal Justice Services of the 2003 Virginia Exile Grant (03-
D3527PX03) in the amount of $29,089.00, such grant being more particularly
described in the letter of the City Manager, dated December 16, 2002, upon all the
terms, provisions and conditions relating to the receipt of such funds.
3. The City Manager and the City Clerk, are hereby authorized to
execute, seal and attest, respectively, the grant agreement (03-D3527PX03) and all
necessary documents required to accept the grant, including any documents
providing for indemnification by the City that may be required for the City's
acceptance of this grant, all such documents to be approved as to form by the
City Attorney.
5
4. The City Manager is further directed to furnish such additional
information as may be required by the Department of Criminal Justice in
connection with the City's acceptance of this grant (03-D3527PX03).
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36156-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002.2003Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development $ 7,351,643.00
Roanoke Passenger Station Renovation (1) .................. 2,363,000.00
Revenues
Intergovernmental 3,736,141.00
Roanoke Passenger Station TEA-21 FY03 (2) ................. 500,000.00
01) Appropriated from State (008-530-9900-9007)
Grant Funds
02) Roanoke Passenger Station (008-530-9900-9910)
TEA-21 FY03
$ 500,000.00
500,000.00
6
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36157-121602.
AN ORDINANCE authorizing the City Manager to enter into an
Agreement between the City of Roanoke and the Western Virginia Foundation for
the Arts and Sciences ("WVFAS"), and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, all necessary and appropriate agreements with the WVFAS, upon
such terms and conditions as are more particularly described in the City
Manager's letter dated December 16, 2002, to this Council in connection with the
Roanoke Passenger Station Renovation Project.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
7
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36158-121602.
AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by repealing Chapter 23. 1, Procurement, and adopting a new
Chapter 23.2, Procuremenl[, in order to revise and update the City's regulations
pertaining to procurement and to conform them to State law; and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 23.1, Procurement, of the Code of the City of Roanoke
(1979), as amended, is hereby REPEALED.
2. The Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the adoption of a new Chapter 23.2, Procurement,
which shall read and provide as follows:
CHAPTER 23.2
PROCUREMENT
{}23.2-1. Legislative purpose.
The underlying purposes and policies of this chapter are as follows:
To provide for increased public confidence
in the procedures followed in public
procurement;
To ensure the fair and equitable treatment of
all persons who deal with the procurement
system of the city;
To provide increased economy in city
procurement activities and to maximize to
the fullest extent practicable the purchasing
value of public funds of the city;
To foster effective broad-based competition
within the free enterprise system;
8
To provide safeguards for the maintenance
of a procurement system of quality and
integrity; and
To promote uniformity of procurement
policies and procedures among the various
departments, offices and agencies of the
city.
§23.2-2. Applicability.
All city purchases shall conform to the provisions
of the Charter and this chapter. This chapter shall
be applicable to all council-appointed officers,
constitutional officers, divisions, departments,
offices, boards, agencies and commissions of the
city except the school board and school division.
The provisions of the Virginia Public Procurement
Act, §§2.2-4300, etseq., (hereinafter in this
chapter, the Act) shall apply to all city purchases,
except those instances where alternative policies
and procedures have been adopted and set out in --
this chapter pursuant to the provisions of §2.2-
4343.A.12, Code of Virginia.
§23.2-3. Procurement authority.
The City Manager shall have the right to accept or
reject any bids or proposals.
The City Manager shall execute all contracts
entered into by the City, unless the City Manager
shall have delegated such responsibility, in
writing, to a designee. Such delegation may be
for specific contracts, or specific types of
contracts.
The City Manager is authorized to promulgate
procedures for the orderly administration of the
Virginia Public Procurement Act, including
procedures for small purchases, as defined in
§2.2-4303 of the Act, provided that such small
purchase procedures shall provide for
competition whenever practical.
9
Upon a determination made in advance by the
City Manager and set forth in writing that
competitive sealed bidding is either not
practicable or not fiscally advantageous to the
public, goods, services, or insurance may be
procured by competitive negotiation.
The City Manager shall establish, in writing a
procedure by which prospective contractors may
be barred from contracting for the provision of
particular types of supplies, services, insurance
or construction, on the basis of unsatisfactory
performance, or violation of federal, state or local
laws or ordinances pertaining to procurement.
3. Pursuant to the provisions of §12 of the Roanoke City Charter, the
second reading by title of this ordinance is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36159-121602.
AN ORDINANCE establishing the Market Building Fund effective
January 1, 2003 and adopting the annual Market Building Fund Appropriation of
the City of Roanoke for fiscal year 2003 for the period beginning January 1, 2003,
and ending June 30, 2003; and dispensing with the second reading by title of this
ordinance.
10
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That all money paid into the City Treasury for the Market Building
Fund in fiscal year 2003 for the period beginning January 1, 2003, and ending
June 30, 2003, shall constitute a Market Building 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:
Revenues
Operating
Non-Operating
$140,000.00
295,000.00
Appropriations
Operating
Capital Outlay
140,000.00
295,000.00
2. That this Ordinance shall be known and cited as the 2002-03
Market Building Appropriation Ordinance.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36160-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
11
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Nondepartmental
Transfers to Other Funds (1) .................................
Capital Improvement Reserve
Capital Improvement Reserve (2) .............................
$1,295,000.00
295,000.00
7,021,816.00
1,015,269.00
01) Transfer to Market (008-530-9712-9504)
Building Fund
$295,000.00
02) Buildings and
Structures
(008-052-9575-9173)
(295,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~~b~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36161-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
12
Appropriations
Recreation
Soccer - Football Improvements and Lighting (1) .............
Comfort Station Replacement (2) ..........................
$28,632,537.00
16,905.00
458,152.00
Revenues
01) Appropriated from
Series 1999 Bond
Issue
(008-620-9738-9001)
$(143,126.00)
02) Appropriated ~om (008~20-9742-9001) 143,126.00
Series 1999 Bond
Issue
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36162-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
13
Appropriations
Storm Drains $ 3,543,831.00
Summit Hills Storm Drain Project - Phase II (1) .............. 181,700.00
Capital Improvement Reserve
Series 1999 Bonds (2) ...................................
7,418,846.00
1,908,217.00
01) Appropriated from (008-530.9795-9001) $181,700.00
Series 1999 Bond
Issue
02) Storm Drains
(008-052-9709-9176)
(181,700.00)
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36163-121602.
AN ORDINANCE accepting the bid of S. C. Rossi & Company, Inc.,
for installation of storm pipe and curbing westward from Glenn Ridge Road to the
western end of Summit Drive, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
14
1. The bid of S. C. Rossi & Company, Inc., in the amount of
$158,000.00 for installation of storm pipe and curbing westward from Glenn Ridge
Road to the western end of Summit Drive, as is more particularly set forth in the
City Manager's letter dated December 16, 2002, to this Council, such bid being in
full compliance with the City's plans and specifications made therefor and as
provided in the contract documents offered the bidder, which bid is on file in the
Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with
the successful bidder, based on its proposal made there for and the City's
specifications made there for, the contract to be in such form as is approved by
the City Attorney, and the cost of the work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and
to express to each the City's appreciation for such bid.
.4. Pursuant to the provisions of Section 12 of the City Charter, the
second read,ng of this ordinance by title is hereby dispensed with.
Mary F. ~arkor Ralph K. Smith
City ~lork ~ayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The '16th day of December, 2002.
No. 36164-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
15
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges
Curb, Gutter, and Sidewalk -Phase VII ('1) ...................
$26,554,410.00
223,370.00
Capital Improvement Reserve
Public Improvement Bonds - Series 2002 (2) .................
7,316,816.00
3,916,630.00
01) Appropriated from (008-530-9796-9076) $223,370.00
Series 2002 Bond
Issue
02) Curb, Gutter, and (008-530-9711-9195)
Sidewalk Improvements
(223,370.00)
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36165-121602.
AN ORDINANCE accepting the bid of S. C. Rossi & Company, Inc.,
for installing approximately 7,000 square feet of sidewalk, 6,760 linear feet of curb
and 2,500 square feet of entrances on various streets within the Old Southwest
section of the City, upon certain terms and conditions and awarding a contract
therefor; authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and dispensing
with the second reading by title of this ordinance.
16
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of S. C. Rossi & Company, Inc., in the amount of
$203,065.00 for installing approximately 7,000 square feet of sidewalk, 6,760 linear
feet of curb and 2,500 square feet of entrances on various streets within the Old
Southwest section of the City, as is more particularly set forth in the City
Manager's letter dated December 16, 2002, to this Council, such bid being in full
compliance with the City's plans and specifications made therefor and as
provided in the contract documents offered the bidder, which bid is on file in the
Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with
the successful bidder, based on its proposal made therefor and the City's
specifications made therefor, the contract to be in such form as is approved by
the City Attorney, and the cost of the work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and
to express to each the City's appreciation for such bid.
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Ma~ F. ~ark~r Ralph K. Smith
City Clork ~ayor
17
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36166-121602.
A RESOLUTION authorizing a contract with Harmony Information
Systems, Inc. of Alexandria, Virginia, for software and services in connection with
the Comprehensive Services Act ("CSA"), and concurring with the determination
of the Director of General Services that such firm is the only source practicably
available to perform such work.
WHEREAS, the Director of General Services, upon the request of the
Department of Technology, has determined that Harmony Information Systems,
Inc. of Alexandria, Virginia, is the only source practicably available to provide
software and services in connection with the CSA; and
WHEREAS, Council concurs in the determination of the Director of
General Services on the sole source issue.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council does hereby concur in the determination of the Director
of General Services that Harmony Information Systems, Inc. of Alexandria,
Virginia, is the only source practicably available to provide software and services
in connection with the CSA for the reasons set forth in the City Manager's letter
to Council dated December 16, 2002.
2. The City Manager and the City Clerk are authorized to execute and
attest, respectively, for and on behalf of the City, upon form approved by the City
Attorney, a contract with Harmony Information Systems, Inc. of Alexandria,
Virginia, for software and services in connection with the CSA in the amount of
$125,718.75, all as more fully set forth in the above mentioned report.
APPROVED
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
18
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36167-121602.
A RESOLUTION concurring in the deletion of the portion of the
July 19, 1985, Redevelopment Plan, as amended, pertaining to Shaffer's Crossing
Community Development Project.
WHEREAS, on August 12, 1985, the Board of Commissioners of the
Roanoke Redevelopment and Housing Authority ("RRHA") approved the
Redevelopment Plan for the Shaffer's Crossing Community Development Project
dated July, 1985, as amended by Amendment No. 1 dated March, 1988 ("the
Plan"); and
WHEREAS, on August 26, 1985, City Council approved and adopted
the Plan; and
WHEREAS, as part of the Plan, approximately eighteen (18) parcels
were acquired and disposed of to desirous owners within seven (7) years of the
Plan being approved; and
WHEREAS, in order to complete the Plan, twenty-two (22) lots were
identified as lots to be acquired and disposed of in the area; and
WHEREAS, approximately $1,237,000.00 is required to complete
property acquisition and disposition; and
WHEREAS, due to budget constraints, total funding is not available
to complete the necessary activities in the redevelopment area; and
WHEREAS, RRHA has completed a review of the Plan and
determined that continued existence of the Plan is no longer necessary and that
property owners within the boundaries of the Plan will not be adversely affected
by termination of the Plan; and
WHEREAS, on June 10, 2002, the Board of Commissioners of the
RRHA approved a resolution terminating the Plan and recommending that City
Council consider and approve this action.
19
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that
1. This Council concurs in the RRHA's deletion of the portion of the
July 19, 1985, Redevelopment Plan, as amended, pertaining to the Shaffer's
Crossing Community Development Project.
2. The City Clerk is directed to forthwith transmit attested copies of
this resolution to the Board of Commissioners of the Roanoke Redevelopment
and Housing Authority.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~/~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36168-121602.
A RESOLUTION rejecting all proposals received in response to the
Request for Proposals for the development for an upscale, mixed-use community
for a 29.2 acre tract of land situated at the edge of the city limits on Colonial
Avenue and adjacent to the Carillon Medical Center.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All proposals received by the City in response to the Request for
Proposals (RFP#02-09-06) entitled "Development Proposals for an upscale,
mixed-use community" are hereby REJECTED.
2. The City Clerk is directed to notify all responding parties and to
express to each the City's appreciation for said proposals.
20
3. The City Manager is authorized to make any revisions to the
procurement documents deemed advisable and to cause the revised Request for
Proposals to be readvertised.
APPROVED ~~/
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36169-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003General Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Public Works $ 24,967,685.00
Parks (1) ............................................ 2,934,772.00
Revenues
Miscellaneous 315,045.00
Miscellaneous (2) .................................... 160,545.00
ol)
O2)
Construction and (001-620-4340-3011) $ 5,000.00
Development Supplies
Donation-Lifenet
(001-110-1234-0847) 5,000.00
21
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36170-121602.
AN ORDINANCE authorizing the City Manager to enter int,~ an
Agreement between the City of Roanoke and LifeNet Donor Memorial Foundation,
Inc. ("LifeNet"), for sponsorship of a small portion of the Roanoke River
Greenway located along Wiley Drive, accepting a one-time donation of $5,000.00,
and dispensing with the second reading of this ordinance by title.
WHEREAS, LifeNet desires to sponsor an area approximately 200
feet by 18 feet along a small portion of the Roanoke River Greenway, located
along Wiley Drive, to provide an enhanced recreational experience area for
greenway users; and
WHEREAS, LifeNet proposes to donate $5,000.00 to the City for site
amenities and maintenance costs.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an Agreement with LifeNet, upon such terms and conditions as are
more particularly described in the City Manager's letter dated December 16, 2002,
to this Council.
2. This Council hereby accepts a donation of $5,000.00 to the City to
use for site amenities and maintenance costs.
22
3. This Council wishes to express its appreciation and that of the
citizens of the City of Roanoke to LifeNet for its donation to the City for the
sponsorship of a portion of the Roanoke River Greenway.
4. The City Clerk is directed to transmit a copy of this resolution to
LifeNet, expressing the City's appreciation for their donation.
5. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36171-121602.
AN ORDINANCE authorizing the City Manager to enter into an
Agreement between the City of Roanoke and Easter Seals of Virginia for use of a
portion of certain City-owned property known as Elmwood Park, to operate a
series of musical concerts, and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute
and attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an Agreement with Easter Seals of Virginia, for use of a portion of
certain City-owned property known as Elmwood Park, such Agreement beginning
May 1, 2003, and terminating December 31, 2005, upon such terms and conditions
as are more particularly described in the City Manager's letter dated
December 16, 2002, to this Council.
23
2. Pursuant to the provisions of Section 12 of the City Charter the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA
The 16th day of December, 2002.
No. 36172-121602.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School and School Food Services Funds Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School and School Food Services Funds
Appropriations be, and the same are hereby, amended and reordained to read as
follows, in part:
School Fund
Appropriations
Education
Title I Local Delinquent Children Grant 2001-02 (1-10) ......................
Title I Local Delinquent Children Grant 2002-03 (11-14) ....................
PASS Initiative - Roanoke Academy for Mathematics
and Science 02-03 (15) .......................................................................
Title I Winter, 124-03-1 (16-36) ..............................................................
Title III Grant 2002-03 (37-48) ...............................................................
Flow Through 2002-03 (49) ...................................................................
Preschool Incentive 2002-03 (50) .........................................................
Special Education Capacity Building (Sliver) Grant 2002-03 (51-53)
Adult Basic Education 2002-03 (54-68) ...............................................
Regional Adult Literacy 2002-03 (69-71) .............................................
Enhancing Education Through Technology 2002-03 (72-77) ............
$149,123,164.00
46,213.00
55,252.00
2,640.00
4,156,759.00
48,124.00
2,334,815.00
136,069.00
42,165.00
201,246.0O
212,271.00
121,695.00
24
Drug Free Schools 2002-03 (78-87) .....................................................
Title II, Part A 2002-03 (88-98) ..............................................................
Bio-Medical Career Lab 2001-02 (99-101) ...........................................
Revenues
138,724.00
1,042,150.00
72,500.O0
Education
Title I Local Delinquent Children Grant 2001.02 (102) .......................
Title I Local Delinquent Children Grant 2002-03 (103) .......................
PASS Initiative - Roanoke Academy for Mathematics
and Science 02-03 (104) .....................................................................
Title I Winter, 124-03-1 (105) .................................................................
Title III Grant 2002-03 (106) ...................................................................
Flow Through 2002-03 (107) .................................................................
Preschool Incentive 2002-03 (108) .......................................................
Special Education Capacity Building (Sliver) Grant 2002-03 (109)...
Adult Basic Education 2002-03 (110) ..................................................
Regional Adult Literacy 2002-03 (111) ................................................
Enhancing Education Through Technology 2002-03 (112) ...............
Drug Free Schools 2002-03 (113) .........................................................
Title II, Part A 2002.03 (114) ..................................................................
Bio-Medical Career Lab 2001-02 (115) .................................................
$147,179,787.00
46,213.00
55,252.00
2,640.00
4,156,759.00
48,124.00
2,334,815.00
136,069.00
42,165.00
201,246.00
212,271.00
121,695.00
138,724.00
1,042,150.00
72,500.00
School Food Services Fund
Appropriations
Education $ 4,574,898.00
Facilities (116) ....................................................................................... 49,407.00
Fund Balance
Fund Balance - Unappropriated (117) .................................................... 242,997.00
01) Transition Instructors
02) Social Security
03) Retirement
04) Health Insurance
05) Maintenance Services
06) Staff Travel
07) Pupil Transportation
08) Evaluation Services
09) Parental Involvement
10) Instructional Materials
11) Transition Instructors
12) Social Security
(030-061-6103-6554-0121 )
(030-061-8103-6554-0201)
(030-061-6103-6554-0202)
(030-061-8103-6554-0204)
(030-061-6103-6554-0332)
(030-061-6103-6554-0551)
(030-061-6103-6554-0583)
(030-061-6103-6554.0584)
(030-061-6103-6554-0585)
(030-061-6103-6554-0614)
(030-061-6104-6554-0121 )
(030-061-6104-8554-0201 )
24,983.00
1,911.00
2,358.00
1,961.00
2,000.00
2,000.00
4,000.00
500.00
3,500.00
3,000.00
44,556.00
3,409.00
25
13) Retirement
14) Health Insurance
15) Professional Services
16) Teachers
17) Coordinators
18) Extended Instruction
Supplements
19) Teacher Aides
20) Social Security
21) Supplemental Education
Services
22) Food
23) Instructional Supplies
24) Instructional Equipment
25) Teacher
26) Staff Development
27) Evaluation Specialist
28) Parent Involvement Aide
29) Clerical
30) Indirect Costs
31) Transportation Services
32) Parent Involvement
33) Food
34) Teachers
35) Preschool Program
36) Social Security
37) Instructor
38) Social Security
39) Retirement
40) Health Insurance
41) Purchased Services
42) Instructional Supplies
43) Retirement
44) Health Insurance
45) Purchased Services
46) Travel
47) Field Trips
48) Instructional Supplies
49) Teachers
50) Summer Diagnostic
Services
(030-061-6104-6554-0202)
(030-061-6104-6554-0204)
(030-061-6847-6002-0313)
(030-062-6195-6000-0121)
(030-062-6195-6000-0124)
(030~62-6195-6000-0129)
(030-062-6195-6000~141)
(030-062-6195-6000-0201)
(030-062.6195-6000-0311'
(030-062-6195-6000-0602'
(030-062.6195-6000-0614
(030-062-6195-6000-0821
(030-062-6195-6200-0121
(030-062.6195-6200-0129
(030-062-6195-6200-0138
(030-062-6195-6200-0141
(030-062-6195-6200-0151
(030-062-6195-6200-0212
(030-062.6195-6200-0583
(030~62-6195-6200-0585
(030-062-6195-6200-0602
(030.062-6195-6449-0121
(030-062-6195-6449-0129
(030-062.6195-6449-0201
(030~62-6263-6005-0121
(030.062-6263-6005-0201
(030-062-6263-6005-0202
(030~62-6263-6005-0204
(030-062-6263-6005-0313
(030.062-6263-6005-0614'
(030~62-6263-6105-0202
(032.062-6263-6105-0204'
(030-062-6263-6105-0313
(030-062-6263-6105-0554
(030-062-6263-6105-0583
(030-062-6263-6105-0614
(030-062-6580-6453-0121
(030.062-6584-6553-0129)
51) Purchased Services (030-062-6586-6029-0313)
52) Inservice Workshop Costs(030-062-6586-6029-0587)
53) Materials and Supplies (030-062-6586-6029-0617)
54) Teachers (030-062-6750-6450-0121)
55) Counselor (030-062-6750-6450-0123)
4,206.00
3,081.00
2,640.00
883,696.00
(961.00)
14,036.00
12,495.00
33,693.00
(205,145.00)
(6,025.00)
4,397.00
15,000.00
(970.00)
4,806.00
(4,315.00)
(29.00)
(52.00)
614.00
(205,145.00)
37,252.00
2,550.00
162,684.00
2,316.00
12,623.00
(4,970.00)
(379.00)
( 1,246.00)
(1,162.00)
1,000.00
14,000.00
(643.00)
(600.00)
1,000.00
2,250.00
500.00
809.00
421,144.00
90.00
31,165.00
10,000.00
1,000.00
13,114.00
424.00
26
56) Data Management
57) Aides
58) Social Security
59) State Retirement
60) Health Insurance
61) Life Insurance
62) Instructional Travel
63) Instructional Supplies
64) Clerical
65) Social Security
66) State Retirement
67) Health Insurance
68) Life Insurance
69) Data Management
70) Social Security
71) Contracted Services
(030-062-6750-6450-0124)
(030-062-6750-6450-0141)
(030-062-6750-6450-0201)
(030-062-6750-6450-0202)
(030-062-6750-6450-0204)
(030-062-6750-6450.0205)
(030-062-6750-6450-0551)
(030-062-6750-6450-0614)
(030-062-6750.6550-0151)
(030-062-6750-6550-0201)
(030-062-6750-6550.0202)
(030-062 -6750-6550-0204)
(030-062-6750-6550-0205)
(030-062-6755-6550-0124)
(030-062-6755-6550-0201)
(030-062-6755-6550-0313)
72) Professional Development(030-062-6846-6102-0129)
73) Social Security (030-062-6846-6102-0201)
74) Travel (030-062-6846-6102-0554)
75) Summer Institute Training(030-062-6846-6102-0586)
76) Supplies
77) Mobile Wireless
Laboratories
78) Counselor
79) Social Security
80) Retirement
81) Health Insurance
82) Contracted Services
83) Travel
84) Field Trips
85) Parental Involvement
86) Food Services
87) Supplies
88) Teachers
89) Substitute Teachers
90) Specialists
91) Staff Development
92) Social Security
93) Retirement
94) Health Insurance
95) Purchased Services
96) Travel
97) Food Services
98) Instructional Materials
(030-062-6846.6102.0614)
(030-062-6846-6102-0826)
(030-063-6844-6306-0123)
(030-063-6844-6306-0201)
(030-063-6844-6306-0202)
(030 -063 -6844-6306-0204)
(030-063-6844-6306-0313)
(030-063-6844-6306-0551)
(030-063-6844-6306-0583)
(030-063-6844-6306-0585)
(030-063-6844-6306-0602)
(030-063-6844-6306-0614)
(030-064-6262-6000-0121 )
(030 -064-6262 -6000-0021 )
(030-064-6262-6000-0124)
(030-064-6262-6000-0129)
(030-064-6262-6000-0201)
(030 -064-6262-6000-0202)
(030-064-6262-6000-0204)
(030-064-6262-6000-0313)
(030-064-6262-6000-0554)
(030-064-6262-6000-0602)
(030-064-6262-6000-0614)
8,400.00
408.00
403.00
(202.00)
305.00
(456.00)
3,500.00
9,026.00
448.00
557.00
612.00
1,227.00
(124.00)
7,938.00
607.00
53,628.00
11,538.00
882.00
2,100.00
15,298.00
7,877.00
84,000.00
62,000.00
4,743.00
5,845.00
182.00
5,000.00
2,000.00
10,000.00
4,724.00
2,000.00
2,000.00
117,107.00
5,000.00
· 100,000.00
( 51,957.00)
(8,528.00)
1,004.00
(83,878.00)
107,230.00
49,500.00
2,100.00
44,050.00
27
Federal
Federal
Federal
Federal
Federal
Federal
99) Contracted Training
Services
100) Social Security
101) Materials and Supplies
102) Federal Grant Receipts
103) Federal Grant Receipts
104) State Grant Receipts
105) Federal Grant Receipts
106) Federal Grant Receipts
107) Federal Grant Receipts
108) Grant Receipts
109) Grant Receipts
110) Grant Receipts
111) Grant Receipts
112) Grant Receipts
113) Grant Receipts
114) Federal Grant Receipts
115) Donations
116) Food Service Equipment
117) Fund Balance -
Unappropriated
(030.065-6609-6102-0129)
(030 -065-6609 -6102.0201 )
(032-065-6609-6102-0614)
(030-061-6103-1102)
(030-061.6104-1102)
(030-061-6847-1100)
(030-062-6195-1102)
(030-062-6263-1102)
(030-062-6580-1102)
(030-062-6584-1102)
(030-062-6586-1102)
(030-062-6750-1102)
(030-062-6755-1102)
(030-062-6846-1102)
(030-063-6844-1102)
(030.064-6262-1102)
(030-065-6609-1103)
(032-065-6006-6788-0821)
(032-3325)
18,580.00
1,420.00
10,000.00
46,213.00
55,252.00
2,640.00
763,520.00
10,559.00
421,144.00
90.00
42,165.00
37,642.00
62,173.00
121,695.00
98,494.00
281,628.00
30,000.00
34,961.00
(34,961.00)
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36173-121602.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 112, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance by title.
28
WHEREAS, Dudley Automotive Corporation, has made application to
the Council of the City of Roanoke to have the hereinafter described property
rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2,
General Commercial District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke
(1979), as amended, and after conducting a public hearing on the matter, has
made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on December 16, 2002, after due and timely notice
thereof as required by §36.1-693, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 122 of the Sectional 1976 Zone Map, City of Roanoke, be amended
in the following particular and no other:
A tract of land lying on Campbell Avenue, S.W., bearing Official Tax
No. 1220415 be, and is hereby rezoned from RM-2, Residential
Multifamily, Medium Density District, to C-2, General Commercial
District, subject to the proffers contained in the First Amended
Petition filed in the Office of the City Clerk on November 26, 2002,
and that Sheet No. 122of the Zone Map be changed in this respect.
29
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36174-121602.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance
by title.
WHEREAS, Dudley Automotive Corporation, filed an application
dated October 1, 2002, to the Council of the City of Roanoke, Virginia, in
accordance with law, requesting the Council to permanently vacate, discontinue
and close the public rights-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made
its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on December 16, 2002, after due and timely notice thereof as required by
§30-14, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on said
application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way have been
properly notified; and
3O
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke,
Virginia, and more particularly described as follows:
That certain portion of an alley lying between parcels bearing Official
Tax Nos. 1220415 and 1220416
be, and is hereby permanently vacated, discontinued and closed, and that ail
right and interest of the public in and to the same be, and hereby is, released
insofar as the Council of the City of Roanoke is empowered so to do with respect
to the closed portion of the rights-of-way, reserving however, to the City of
Roanoke and any utility company, including, specifically, without limitation,
providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable,
electric wires, gas lines, telephone lines, and related facilities that may now be
located in or across said public rights-of-way, together with the right of ingress
and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation
or damages of any kind to the owner, any landscaping, fences, shrubbery,
structure or any other encroachments on or over the easement which impede
access for maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public
rights-of-way of any such municipal installation or other utility or facility by the
owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit a
subdivision plat to the Agent for the Planning Commission, receive all required
approvals of, and record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Said plat shall combine Official Tax Map Numbers 1220415 and
1220416 and the right-of.way vacated in a matter consistent with law, and retain
appropriate easements for the installation and maintenance of any and all
existing utilities that may be located with the right of way, including the right of
ingress and egress.
31
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the
Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance
for recordation where deeds are recorded in said Clerk's Office, indexing the
same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of
the Petitioner, and the names of any other parties in interest who may so request,
as Grantees, and pay such fees and charges as are required by the Clerk to effect
such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City
of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the
City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of one (1) year from the date of the adoption of this
ordinance, then said ordinance be null and void with no further action by City
Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of
the City Charter, the second reading of this ordinance by title is hereby dispensed
with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36175-121602.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 436, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
32
WHEREAS, WS Associates of Virginia, L.L.C., has made application
to the Council of the City of Roanoke to have the hereinafter described property
rezoned from to RM-1, Residential Multi-Family, Low-Density District, to C-2,
General Commercial District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke
(1979), as amended, and after conducting a public hearing on the matter, has
made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on December 16, 2002, after due and timely notice
thereof as required by §36.1-693, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 436 of the Sectional 1976 Zone Map, City of Roanoke, be amended
in the following particular and no other:
Those two tracts of land located at the intersection of 1261 Riverland
Road, S.E., and Garden City Boulevard, S.E., identified as Official Tax
Map Numbers 4360104 and 4360103,and designated on Sheet No~ 436
of the Sectional 1976 Zone Map, City of Roanoke, be, and are hereby
rezoned from RM-1, Residential Multi-Family, Low-Density District, to
C-2, General Commercial District, subject to the proffers contained in
the Second Amended Petition filed in the Clerk's Office on
November 13, 2002, and that Sheet No. 436 of the Zone Map be
changed in this respect.
33
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36176-121602.
AN ORDINANCE authorizing the City Manager to enter into an
agreement between the City of Roanoke and the YMCA of the Roanoke Valley,
inc., for the development and use of a new facility, and dispensing with the
second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an agreement with the YMCA of the Roanoke Valley, Inc., for the
development and use of a new facility, upon such terms and conditions as are
more particularly described in the City Manager's letter dated December 16, 2002,
to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
34
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36177.121602.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
WHEREAS, the YMCA of Roanoke Valley, Inc. and the City of
Roanoke have made application to the Council of the City of Roanoke to have the
hereinafter described property rezoned from C-1, Office District, to C-3, Central
Business District; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke
(1979), as amended, and after conducting a public hearing on the matter, has
made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on December 16, 2002, after due and timely notice
thereof as required by §36.1-693, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended
in the following particular and no other:
35
Those certain tracts of land lying between Campbell Avenue, 5th
Street, Luck Avenue and Sixth Street, S.W., comprising
approximately 2.89 acres, more or less, and designated more
specifically as Official Tax Numbers 1113401, 1113408, 1113409,
1113410, 1113411, 1113412, 1113414, 1113415, 1113416, 1113417,
1113418, 1113419, 1113420, 1113421, 1113422, 1113423, 1113424 and
1113425, be, and are hereby rezoned from C-1, Office District, to C-3,
Central Business District, and that Sheet No. 111 of the Zone Map be
changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36178-121602.
AN ORDINANCE authorizing the City Manager to execute
Amendment No. 1 to the Agreement dated April 16, 2001, between the City of
Roanoke and the Western Virginia Foundation for the Arts and Sciences
("Foundation"), such Agreement dated April 16, 2001, providing for the
conveyance of property for the development and construction of a new building
or complex to house an art museum and an IMAX Theatre, and such Amendment
No. 1 providing for the conveyance of additional property from the City to the
Foundation, the extension of a deadline therein, and the ability of the Foundation,
or its successors in interest, to relocate utilities in First Street, S.E., to private
property, upon certain terms and conditions, and dispensing with the second
reading of this ordinance by title.
36
WHEREAS, a public hearing was held on December 16, 2002,
pursuant to §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended,
at which hearing all parties in interest and citizens were afforded an opportunity
to be heard on said conveyance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute
and attest, respectively, on behalf of the City, in form approved by the City
Attorney, Amendment No. 1 to the Agreement dated April 16, 2001, between the
City and the Foundation, such Agreement dated April 16, 2001,providing for the
conveyance of property for the development and construction of a new building
or complex to house an art museum and an IMAX Theatre, such Amendment No.
I providing for the conveyance of additional property from the City to the
Foundation, the extension of a deadline therein, and the ability of the Foundation,
or its successor, to relocate utilities in First Street, S.E., to private property, as
more particularly set forth in the City Manager's letter dated December 16, 2002,
to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
3. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
37
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36179-121602.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance
by title.
WHEREAS, Western Virginia Foundation for the Arts and Sciences,
filed an application to the Council of the City of Roanoke, Virginia, in accordance
with law, requesting the Council to permanently vacate, discontinue and close the
public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by §36-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made
its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on December 16, 2002, after due and timely notice thereof as required by
§36-14, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on said
application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that:
1. The public right-of-way situate in the City of Roanoke, Virginia,
and more particularly described as follows:
Those portions of Norfolk Avenue, S.E. and First Street, S.E., as
identified in a plat dated September 26, 2002, by Mattern & Craig,
Inc., appended to a petition filed in the Office of the City Clerk on
October 3, 2002, by the Western Virginia Foundation for the Arts and
Sciences
38
be, and is hereby permanently vacated, discontinued and closed, and that all
right and interest of the public in and to the same be, and hereby is, released
insofar as the Council of the City of Roanoke is empowered so to do with respect
to the closed portion of the right-of-way, reserving however, to the City of
Roanoke and any utility company, including, specifically, without limitation,
providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable,
electric wires, gas lines, telephone lines, and related facilities that may now be
located in or across said public right-of-way, together with the right of ingress
and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation
or damages of any kind to the owner, any landscaping, fences, shrubbery,
structure or any other encroachments on or over the easement which impede
access for maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use, permanent removal or relocation from the above-described
public right-of-way of any such municipal installation or other utility or facility,
and the recording by the applicant of this closure of a release of any such
abandoned, removed, or relocated easements, the City Manager being authorized
to execute such release and any other appropriate documents needed to effect
such release.
BE IT FURTHER ORDAINED that the applicant, or its successors in
interest, shall submit to the Subdivision Agent, receive all required approvals of,
and record with the Clerk of the Circuit Court for the City of Roanoke, a
subdivision plat, with said plat combining all properties which would otherwise
be landlocked by the requested closure, or otherwise disposing of the land within
the right-of.way to be vacated in a manner consistent with law, and retaining
appropriate easements, together with the right of ingress and egress over the
same, for the installation and maintenance of any and all existing utilities that
may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant, or its successors in
interest, shall not record with the Clerk of the Circuit Court for the City of
Roanoke the above-referenced subdivision plat unless and until the applicant, or
its successors in interest, certifies in writing to the City Manager, pursuant to
section 2B of an Agreement dated October 4, 2000,between the City and the
applicant, that the applicant, or its successors in interest, has obtained sufficient
funds or donations (to include the City's appropriations) to actually start
construction of the project referenced in the Agreement dated October 4, 2000,
between the City and the applicant.
39
BE iT FURTHER ORDAINED that the applicant, or its successors in
interest, shall, upon meeting all other conditions to the granting of the
application, deliver to the Clerk of the Circuit Court of the City of Roanoke,
Virginia, a certified copy of this ordinance for recordation where deeds are
recorded in said Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the Petitioner, or the name of
Petitioner's successors in interest, and the names of any other parties in interest
who may so request, as Grantees, and pay such fees and charges as are required
by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant, or its successors in
interest, shall, upon a certified copy of this ordinance being recorded by the Clerk
of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in
said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia,
the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FINALLY ORDAINED that if the above conditions have not been
met within a period of four (4) years from the date of the adoption of this
ordinance, and if the terms of an Agreement dated April 16, 2001, and any
subsequent amendment to such Agreement, between the Western Virginia
Foundation for the Arts and Sciences and the City have not been met within that
period of time, then said ordinance shall be null and void with no further action
by City Council being necessary.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
40
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36180-121602.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of.way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance
by title.
WHEREAS, Martha G. Hayes and Stanley C. Simmons, Jr., filed an
application dated October 2, 2002, to the Council of the City of Roanoke, Virginia,
in accordance with law, requesting the Council to permanently vacate,
discontinue and close the public rights-of.way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made
its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on December 16, 2002, after due and timely notice thereof as required by
§30-14, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on said
application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke,
Virginia, and more particularly described as follows:
That certain portion of an alley lying between parcels bearing Official
Tax Nos. 4151204 and 4151205, from its southerly boundary at
Arbutus Avenue, S.E., to the boundary of the property acquired by
the Roanoke River Flood Reduction Project
41
be, and is hereby permanently vacated, discontinued and closed, and that all
right and interest of the public in and to the same be, and hereby is, released
insofar as the Council of the City of Roanoke is empowered so to do with respect
to the closed portion of the rights-of-way, reserving however, to the City of
Roanoke and any utility company, including, specifically, without limitation,
providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable,
electric wires, gas lines, telephone lines, and related facilities that may now be
located in or across said public rights-of-way, together with the right of ingress
and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation
or damages of any kind to the owner, any landscaping, fences, shrubbery,
structure or any other encroachments on or over the easement which impede
access for maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public
rights-of-way of any such municipal installation or other utility or facility by the
owner thereof.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the
Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance
for recordation where deeds are recorded in said Clerk's Office, indexing the
same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of
the Petitioner, and the names of any other parties in interest who may so request,
as Grantees, and pay such fees and charges as are required by the Clerk to effect
such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City
of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the
City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of one (1) year from the date of the adoption of this
ordinance, then said ordinance be null and void with no further action by City
Council being necessary.
42
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of
the City Charter, the second reading of this ordinance by title is hereby dispensed
with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36181-121602.
AN ORDINANCE approving the Peters Creek North Neighborhood
Plan, and amending Vision 2001. 2020, the City's Comprehensive Plan, to include
the Peters Creek North Neighborhood Plan; and dispensing with the second
reading of this ordinance by title.
WHEREAS, the Peters Creek North Neighborhood Plan ("the plan")
was presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on
November 21, 2002, and recommended adoption of the Plan and amending Vision
2001 - 2020, the City's Comprehensive Plan (the"Comprehensive Plan"), to
include such Plan; and
WHEREAS, in accordance with the provisions of §15.2.2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Monday, December 16, 2002, on the proposed Plan, at which hearing all citizens
so desiring were given an opportunity to be heard and to present their views on
such amendment.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
43
1. That this Council hereby approves the Peters Creek North
Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive
Plan, to include the Peters Creek North Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested
copies of this ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36182-121602.
AN ORDINANCE approving the Loudon Melrose/Shenandoah West
Neighborhood Plan, and amending Vision 2001 - 2020., the City's Comprehensive
Plan, to include the Loudon Melrose/Shenandoah West Neighborhood Plan; and
dispensing with the second reading of this ordinance by title.
WHEREAS, the Loudon Melrose/Shenandoah West Neighborhood
Plan (the "Plan") was presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on
November 21, 2002, and recommended adoption of the Plan and amending Vision
2001- 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to
include such Plan; and
WHEREAS, in accordance with the provisions of §15.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Monday, December 16, 2002, on the proposed Plan, at which hearing all citizens
so desiring were given an opportunity to be heard and to present their views on
such amendment.
44
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That this Council hereby approves the Loudon
Melrose/Shenandoah West Neighborhood Plan and amends Vision 2001. 2020,
the City's Comprehensive Plan, to include the Loudon Melrose/Shenandoah West
Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested
copies of this ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36183-121602.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally rezoned from RS-3, Single Family Residential
District, to C-2, General Commercial District, subject to certain conditions
proffered by the applicant.
WHEREAS, L. D. Shifter and Kathy L. Shifter, filed an application to
the Council of the City of Roanoke to amend certain conditions presently binding
upon a tract of land located at 1925 Peters Creek Road, N.W., being further
identified as Official Tax No. 6380101, which property was previously
conditionally rezoned by the adoption of Ordinance No. 35030-090500, adopted
September 5, 2000,subject to certain conditions proffered by the applicant; and
45
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke
(1979), as amended, and after conducting a public hearing on the matter, has
made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on December 16, 2002, after due and timely notice
thereof as required by §36.1-693, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the conditions now binding upon the above-described property
should be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that
1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 638 of the Sectional 1976 Zone Map, City of Roanoke, be
amended, with respect to Official Tax No. 6380101, by amending No. 2 of the
proffered conditions contained in Ordinance No. 35030-090500, adopted
September 5, 2000, and replacing the same with the proffered conditions as more
fully set forth in the Second Amended Petition filed in the Office of the City Clerk
on November 18, 2002, and as set forth in the report of the Planning Commission
dated December 16, 2002.
2. Pursuant to the provisions of Section 12 of the City Charter, the
herby dispended with.
secondATTEST:reading of this~ordinanceAPPROvEDbY title is ~ ~,~~~/
Mary F. Parker Ralph K. Smith
City Clerk Mayor
46
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36184-121602.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet Nos. 127 and 115, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading of
this ordinance by title.
WHEREAS, Bland A. Painter, III, Betty J. Painter and FR.1
Investments, L.L.C., have made application to the Council of the City of Roanoke
to have the hereinafter described property rezoned from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke
(1979), as amended, and after conducting a public hearing on the matter, has
made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on December 16, 2002, after due and timely notice
thereof as required by §36.1-693, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet Nos. 127 and 115 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
47
That parcel of land containing 7.292 acres, more or less, identified as
Official Tax Nos. 1272504, 1272505, 1150103, and a portion of
1150106, and located on Franklin Road, be, and is hereby rezoned
from LM, Light Manufacturing District, to C-2, General Commercial
District, subject to the proffers contained in the Second Amended
Petition filed in the Office of the City Clerk on December 5, 2002, and
that Sheet Nos. 127 and 115 of the Zone Map be changed in this
respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36185-121602.
AN ORDINANCE amending and reordaining §36.1-206, Permitted
uses, of Subdivision C, C-2; General Commercial District, of Article III; District
Re.qulations; and §36.1-228, Special exception uses, of Subdivision D, C-3;
Central Business District, of Article Ill, District Re.qulations, of the Code of the
City of Roanoke (1979), as amended, to provide standards for motor vehicle
service station canopies in those zoning districts; and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-206, Permitted uses, and §36.1-228, Special
exception uses, of Chapter 36.1, ZoninR, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as
follows:
48
district:
Sec. 36.1-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2
(34)
Neighborhood and highway convenience stores, provided that
no motor vehicle service station canopy over a gas pump
island shall be allowed, unless:
Such canopy shall have a maximum clear, unobstructed height
to its underside not to exceed fourteen (14) feet six (6) inches
and a maximum overall height not to exceed sixteen (16) feet
six (6) inches;
There shall be no illumination of any portion of the fascia of
the canopy;
Any lighting fixtures or sources of light that are a part of the
underside of the canopy shall be recessed into the underside
of the canopy so as not to protrude below the canopy ceiling.
All such lighting associated with the canopy shall be directed
downward toward the pump islands and shall not be directed
outward or away from the site.
The vertical dimension of the fascia of such canopy shall be
no more than two (2) feet; and
Signs attached to or on such canopy shall not be illuminated
and shall not extend beyond the ends or extremities of the
fascia of the canopy to which or on which they are attached.
(36)
Gas stations, provided that no motor vehicle service station
canopy over a gas pump island shall be allowed, unless:
Such canopy shall have a maximum clear, unobstructed height
to its underside not to exceed fourteen (14) feet six (6) inches
and a maximum overall height not to exceed sixteen (16) feet
six (6) inches;
There shall be no illumination of any portion of the fascia of
the canopy;
49
Any lighting fixtures or sources of light that are a part of the
underside of the canopy shall be recessed into the underside
of the canopy so as not to protrude below the canopy ceiling.
All such lighting associated with the canopy shall be directed
downward toward the pump islands and shall not be directed
outward or away from the site.
The vertical dimension of the fascia of such canopy shall be
no more than two (2) feet; and
Signs attached to or on such canopy shall not be illuminated
and shall not extend beyond the ends or extremities of the
fascia of the canopy to which or on which they are attached.
Section 36.1-228, Special exception uses.
The following uses may be permitted in the C-3 district by special
exception granted by the board of zoning appeals subject to the
requirements of this section:
(2) Gas stations provided:
The gas station is located no closed than fifteen hundred
(1,500) feet to another gas station.
No motor vehicle service station canopy over a gas pump
island shall be allowed, unless (i), such canopy shall have a
maximum clear unobstructed height to its underside not to
exceed fourteen (14) feet six (6) inches and a maximum overall
height not to exceed sixteen (16) feet six (6) inches; (ii) there
shall be no illumination of any portion of the fascia of the
canopy; (iii) any lighting fixtures or sources of light that are a
part of the underside of the canopy shall be recessed into the
underside of the canopy so as not to protrude below the
canopy ceiling; (iv) all such lighting associated with the
canopy shall be directed downward toward the pump islands
and shall not be directed outward or away from the site; (v) the
vertical dimension of the fascia of such canopy shall be no
more than two (2) feet; (vi) no sign shall be attached to or on
such canopy; (vii) such canopy shall be set back a minimum of
ten (10) feet from the street.
50
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36186-121602.
A RESOLUTION authorizing execution of an Early Action Compact
for the Roanoke Metropolitan Statistical Area.
BE IT RESOLVED by Council of the City of Roanoke that William D.
Bestpitch, the City's representative to the Roanoke Area Metropolitan Planning
Organization be, and he is hereby, authorized to execute, for and on behalf of the
City, an Early Action Compact for the Roanoke metropolitan Statistical Area,
which compact commits the constituent governments of the Cities of Roanoke
and Salem, the Town of Vinton and the Counties of Roanoke and Botetourt to
developing and implementing an Early Action Plan to demonstrate attainment, by
December 31, 2007, of certain ozone standards and continued maintenance of the
standards until at least 2012. ~ ~ ,~'
APPROVED
ATTEST:~~ ~ ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor __
51
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of January, 2003.
No. 36187-10603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund,and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development Block Grant FY03
Housing FY2003 (1) ................................
Community Development Block Grant FY02
Housing FY2002 (2) .................................
Revenues
2,756,264.00
1,157,763.00
3,609,317.00
509,376.00
Community Development Block Grant FY03 (3-7) .......
Community Development Block Grant FY02 (8-12) ......
2,756,264.0O
3,609,317.00
01) World Changers FY03 Funds
02) World Changers FY02 Funds
03) Miscellaneous Program Income
04) Home Ownership Assistance
05) KDL Investments Loan
Repayment
06) Hotel Roanoke Section 108 Loan
Repayment
07) Rental Rehabilitation
Repayment
08) Parking Lot Income
09) Other Program Income-RRHA
10) Demolitions
11) Home Ownership Assistance
12) Rental Rehabilitation
Repayment
(035-G03-0320-5391)
(035-G02-0220-5390)
(035-G03-0300-2205)
(035.G03-0300-2222)
(035-G03-0300-2232)
(035-G03-0300-2234)
(035-G03-0300~240)
(035-G02-0200-2202)
(035-G02-0200-2203)
(035-G02-0200~204)
(035-G02-0200-2222)
(035-G02-0200~240)
75,230.00
34,770.00
1,375.00
2,813.00
27,076.00
5,849.00
38,117.00
7,400.00
1,806.00
8,034.00
3,260.00
14,270.00
52
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with. --
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of January, 2003.
No. 36188-010603.
A RESOLUTION authorizing the appropriate City officials to amend
the 2002-2003 Consolidated Plan Annual Update regarding the World Changers
project, including submission of necessary documents to the U.S. Department of
Housing and Urban Development (HUD), and to enter into a 2002-2003 Community
Development Block Grant (CDBG) Subgrant Agreement with the Blue Ridge
Housing Development Corporation, Inc., regarding the World Changers project,
upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that, as more
particularly set forth in the City Manager's letter dated January 6, 2003:
1. The City Manager is hereby authorized to amend the 2002-2003
Consolidated Plan Annual Update regarding the World Changers project,
including submission of necessary documents to HUD; and
53
2. The City Manager and City Clerk are hereby authorized to
execute and attest, respectively, on behalf of the City, a 2002-2003 CDBG
Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc.,
regarding the World Changers project, such agreement to be approved as to form
by the City Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of January, 2003.
No. 36189-010603.
AN ORDINANCE amending and reordaining subsection (d), (e) and
(g) of§§33-17, Definitions, of Chapter 33, Vegetation, of the Code of the City of
Roanoke (1979), as amended, to amend the definition of Owner, Parcel and Weed
or weeds;and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Subsection (d), (e) and (g) of §33-17, Definitions, of Chapter 33,
Vegetation, of the Code of the City of Roanoke (1979), as amended, are hereby
amended and reordained to read and provide as follows:
§33-17. Definitions.
For the purpose of this chapter, certain terms and words used herein
shall be defined as follows:
54
Owner means any person shown by any public record maintained by
any circuit court, general district court, treasurer, commissioner of revenue or
city clerk to have an interest in real estate a parcel lying in the City of Roanoke,
Virginia as of the date of the abatement of public nuisance under this article or
any successor in title taking with actual or constructive notice of the existence of
a public nuisance.
Parcel means any real estate (and any interest therein) lying in
the City of Roanoke, Virginia, identified by a City of Roanoke
Official Tax Number, and including the area in the public right-
of-way which is between the property line of the real estate
which is identified by a City of Roanoke Official Tax Number
and the curb, the improved portion of a roadway, or the
centerline of any alley or unimproved street. Such term shall
not include any real estate lying in an RA, Residential
Agriculture District, as defined elsewhere in this Code.
Weed or weeds means any plant, grass or other vegetation
over ten (10) inches height growing upon private property a
parcel in the City of Roanoke, including, but not limited to, any
sage brush, poison oak, poison ivy, Ailanthus Altissima
(commonly called Tree of Heaven or Paradise Tree), ragweed,
dandelions, milkweed, Canada thistle, and any other
undesirable growth, excluding trees, ornamental shrubbery,
vegetable and flower gardens purposefully planted and
maintained by the property owner or occupant free of weed
hazard or nuisance, cultivated crops, or undisturbed woodland
not otherwise in violation.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is ~ ~ /'
hereby dispensed with.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
55
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of January, 2003.
No. 36190-010603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Economic Development
Carillon Training Incentive 2002 (1) .................
$ 33,047,216.00
161,354.00
Capital Improvement Reserve
Capital Improvement Reserve (2) ...................
6,999,440.00
1,174,593.00
01) Appropriated from
General Revenue
02) Streets and Bridges
(008-310-9699-9003)
(008-052-9575-9181)
$ 135,676.00
(135,676.00)
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
56
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of January, 2003.
No. 36191-010603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges $ 21,632,625.00
Curb, Gutter and Sidewalk - Phase VIII (1) ............ 525,000.00
Capital Improvement Reserve
Public Improvement Bonds - Series 2002 (2) ........
6,315,116.00
3,391,630.00
01) Appropriated from Series
2002 Bond Issue
02) Curb, Gutter and
Sidewalk Improvements
(008-530-9797-9076)
(008-530-9711-9195)
525,000.00
(52S,000.00)
Pursuant to the provisions of Section12 of the City Charter, the
second reading of this ordinance by title is hereby dispe~~
APPROVED
ATTEST: ,~ /~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
57
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of January, 2003.
No. 36192-010603.
A RESOLUTION authorizing the City Manager to apply for a grant
from the Virginia Department of Criminal Justice Services.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager be and she is hereby authorized to sign on behalf of the City an
application to the Virginia Department of Criminal Justice Services for a Byrne
Memorial Formula Grant in the amount of $331,102, provided that Virginia CARES
secures the required cash matching funds in the amount of $110,362.00
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of January, 2003.
No. 36193-010603.
A RESOLUTION amending Paragraph 2(a) of Resolution No. 35958-
070102, which established a meeting schedule for City Council for the Fiscal Year
commencing July 1, 2002, and terminating June 30, 2003, in order to change the
time of commencement of the regular meetings of City Council to be held on the
first Monday in each month from 12:15 p.m. to 9:00 a.m.
WHEREAS, Resolution No. 35958-070102, adopted on July 1, 2002,
established a meeting schedule for City Council for the Fiscal Year commencing
July 1, 2002, and ending June 30, 2003; and
58
WHEREAS, it is the desire of City Council to change the time of
commencement of the regular meetings scheduled to be held on the first Monday
of each month from 12:15 p.m. to 9:00 a.m.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Paragraph 2(a) of Resolution No. 35958-070102, adopted on July 1,
2002, is hereby amended to read and provide as follows:
2. For such fiscal year, City Council shall hold regular meetings on
the first, third and fifth Mondays of each month, at the following times of
commencement:
Unless otherwise provided by resolution of Council, each regular
meeting on the first Monday in each month shall commence at 9:00
a.m. for the conduct of informal meetings, work sessions or closed
meetings. Thereafter Council shall take up the regular agenda at 2:00
p.m. Council may recess between the 9:00 a.m. session and the 2:00
p.m. session.
2. All other provisions relating to establishing a meeting schedule
for City Council for the Fiscal Year commencing July 1, 2002, and ending June 30,
2003, contained in Resolution No. 35958-070102, shall remain unchanged and in
full force and effect.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
59
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January 2003.
No. 36194-012103.
A RESOLUTION authorizing payment of supplementary compensation
and restoration of certain benefits to certain employees called to active military duty.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City shall pay, upon request, to any City employee who is a
military reservist and who, between October 1, 2002, and September 30, 2003, is
called to and serves in active duty related to our country's war on terrorism,
subsequent to that employee's employment with the City, a supplement equal to the
difference between that employee's regular City salary and military base pay plus
any other compensation received for military service. This supplement shall not be
paid for any days that regular City salary must be paid to such employees.
Employees shall provide the Department of Human Resources with the necessary
documentation to establish their eligibility for the supplement.
2. Each such employee shall be deemed to have earned City
vacation, paid and extended illness leave for the period of such active duty in the
same manner as if such employee had remained in service with the City.
3. For each such employee who returns to service with the City of
Roanoke within seven (7) working days of the conclusion of such active military
duty, the City shall pay the City portion of the health and dental benefit premiums
nece. ssary to provide coverage for the employee effective upon the date of return to
service with the City.
ATTEST: ~
M~'~ary F.~arke~r''~~
City Clerk
APPROVED
Ralph K. Smith
Mayor
60 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36195-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Public Safety
Fire Program Fund FY03 (1) .........................
$ 2,579,797.00
127,202.00
Revenues
Public Safety
Fire Program Fund FY03 (2) ..........................
2,579,797.00
127,202.00
1) Expendable Equipment
<5,000.00
2) Training and Development
3) Wearing Apparel
4) Recruiting
5) Regional Fire Training
Facility
6) State Grant Receipts
(035-520-3233-2035)
(035-520-3233-2044)
(035-520-3233-2064)
(035-520-3233-2065)
(035-520-3233-9073)
(035-520-3233-3233)
$ 22,202.00
10,000.00
30,000.00
5,000.00
60,000.00
127,202.00
61
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36196-012103.
A RESOLUTION authorizing the acceptance of the FY2003 Fire
Programs Funds Grant made to the City of Roanoke by the Virginia Department of
Fire Programs and authorizing the execution and filing by the City Manager of the
conditions of the grant and other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the Virginia
Department of Fire Programs of the FY2003 Fire Programs Funds Grant in the
amount of $127,201.85.
2. The City Manager or the Assistant City Manager for Operations is
hereby authorized to accept, execute and file on behalf of the City any documents
setting forth the conditions of the FY2003 Fire Programs Funds Grant.
62
3. The City Manager or the Assistant City Manager for Operations is
further directed to furnish such additional information as may be required by the
Virginia Department of Fire Programs in connection with the City's acceptance of the
foregoing grant or with such project.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36197-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Health and Welfare
VA Cares FY03 (1) .................................
$ 3,819,589.00
331,102.00
Health and Welfare
VA Cares FY03 (2) .................................
3,819,589.00
331,102.00
63
1) Fees for Professional
Services
2) State Grant Receipts
(035-630-8080-2010) $ 331,102.00
(035-630-8080 -8080) 331,102.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of January, 2003.
No. 36198-012103.
A RESOLUTION accepting a grant of funds from the Byrne Memorial
Formula Grant Program, administered bythe Virginia Department of Criminal Justice
Services, authorizing the City Manager to execute the requisite documents for such
grant, authorizing the City Manager to execute a subgrant agreement with the
Virginia Community Action Re-entry System, Inc. ("Virginia CARES"), upon certain
terms and conditions.
WHEREAS, due to State budget cuts, state funds will terminate for the
Byrne Memorial Formula Grant Program on December 31,2002, but federal funds will
be available for the remainder of the program year; and
64
WHEREAS, federal funds for the Byrne Memorial Formula Grant
Program require a twenty-five percent cash match and may be awarded only to a
locality which has contracted with Virginia CARES; and
WHEREAS, the City of Roanoke applied for $331,102.00 in Byrne Grant
funds, contingent upon the ability of Virginia CARES to secure and operate for the
initial six weeks with matching funds.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. The grant of funds from the Byrne Memorial Formula Grant
Program is hereby ACCEPTED.
2. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, the requisite Bryne Memorial Formula Grant documents with the
Virginia Community Action Re-entry System, Inc., for such funds, in form as is
approved by the City Attorney, as more particularly set out in the City Manager's
letter dated January 21, 2003, to this Council.
3. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, a subgrant agreement with the Virginia Community Action Re-
entry System, Inc. ("Virginia CARES"), in such form as is approved by the City
Attorney, as more particularly set out in the City Manager's letter dated January 21,
2003, to this Council.
Mary F. Parker
City Clerk
APPROVED ~j
Ralph K. Smith
Mayor
65
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36199-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
~riations
General Government $ 22,692.00
FEMA 03-04 (1) ..................................... 22,692.00
Revenues
General Government
FEMA 03-04 (1) .....................................
22,692.00
22,692.00
1) FEMA O3-O4
2) FEMA O3-04
(035-660 -9640-5392)
(035-660-9460-3416)
$ 22,692.00
22,692.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Mayor
66 ~--
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36200~12103.
A RESOLUTION authorizing the acceptance of a grant of funds from the
State and Local Ali-Hazards Emergency Operations Planning Grant Program offered
through the Federal Emergency Management Agency (FEMA), and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to
accept from the Federal Emergency Management Agency a grant in the amount of
$22,692.00, such grant being more particularly described in the letter of the City
Manager, dated January 21,2003, upon all terms, provisions and conditions relating
to the receipt of such funds.
2. The City Manager is hereby authorized to execute, on behalf of
the City, any documentation required in connection with the acceptance of such
grant and to furnish such additional information as may be required by the Federal
Emergency Management Agency.
APPROVED
Mary F. Parker
City Clerk
Mayor
67
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36201-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Water Pollution Control Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Water Pollution Control Fund Appropriations be, and the
same are hereby, amended and reordained to read as follows, in part:
A_p_p~_~.griations
Capital Outlay
WPCP - Property Acquisition for
Wet Weather Improvements (1-2) .......................
$ 27,718,074.00
1,000,052.00
Revenues
Due from Other Governments (3-6) .......................
2,393,669.00
Retained Earninas
Retained Earnings - Available for Appropriation (7) ..........
3,958,680.00
1) Appropriated from Other
Governments
2) Appropriated from
General Revenue
3) Due from City of Salem
4) Due from County of
Roanoke
5) Due from Botetourt
County
6) Due from Town of Vinton
7) Retained Earnings -
Available for
Appropriation
(003-510-6362-8999)
(003-510-8362-9003)
(003-1071)
(003-1072)
(003-1073)
(003.1074)
(003-3348)
$ 542,929.00
457,123.00
184,210.00
245,213.00
64,703.00
48,803.00
(457,123.00)
68
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with
Mary F. Parker
City Clerk
APPROVED ~j
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36202-012103.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the construction of the Roanoke Water Pollution Control Plant
("WPCP") Wet Weather Project; authorizing the City Manager to fix a certain limit on
the consideration to be offered by the City; providing for the City's acquisition of
such property rights by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the parcels for the
purpose of commencing the project; and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Roanoke Water Pollution Control Plant
("WPCP") Wet Weather Project, the City wants and needs all property rights, as more
specifically set forth in the report and attachments thereto, upon the terms and
conditions set forth in the City Manager's letter to this Council dated January 21,
2003. The proper City officials are authorized to acquire for the City from the
respective owners all property rights, for such consideration as the City Manager
may deem appropriate, subject to the limitation set out below and subject to
applicable statutory guidelines. All requisite documents shall be upon form
approved by the City Attorney.
69
2. The City Manager is directed to offer on behalf of the City to the
owners of each of the aforesaid parcels, such consideration as she deems
appropriate for the necessary interests, provided, however, the total consideration
offered or expended shall not exceed $1,000,052.00 without further authorization of
Council. Upon the acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the respective consideration to the owners of the interest conveyed,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate regarding the fair market value for the purchase of any real estate in fee
simple which is required or should any owner be a person under a disability and
lacking capacity to convey real estate or should the whereabouts of the owner be
unknown, the City Attorney is authorized and directed to institute condemnation or
legal proceedings to acquire for the City the appropriate property rights.
4. In instituting or conducting any condemnation proceeding, the
City Attorney is authorized to make motion on behalf of the City for entry of an order,
pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a
right of entry for the purpose of commencing the project. The Director of Finance,
upon request of the City Attorney, shall be authorized and directed to drawn and pay
into court the sums offered to the respective owners.
5. Pursuant to §12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
70 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36203~12103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
Genera___~l Fund
Public Safety
Fire - Operations (1) ..............................
Emergency Medical Services (2) ....................
Nondepartmental
Transfer to Other Funds (3) ........................
46,474,221.00
11,739,103.00
2,130,702.00
74,979,052.00
71,988,834.00
Grant Fund
~ions
Public Safety
OEMS Consolidated Grants Program FY03 (4) ........
2,663,797.00
84,000.00
Revenues
Public Safety
OEMS Consolidated Grants Program FY03 (5-6) ......
2,663,797.00
84,000.00
71
1) CMERP - Equipment
Purchases
2) Maintenance Contracts
3) Transfer to Grant Fund
4) Expendable Equipment
< $5,000
5) State Grant Receipts
6) Local Match
(001-520-3213-9132)
(001-520-3521-2005)
(001-250-9310-9535)
(035-520 -3350-2035)
(035-520-3350 -3350)
(035-520-3350-3351)
(38,580.00)
(3,420.00)
42,000.00
84,000.00
42,000.00
42,0000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~J
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36204-012103.
A RESOLUTION authorizing the acceptance of the Office of Emergency
Medical Services (OEMS) Consolidated Grant made to the City of Roanoke by the
Virginia Department of Health, Office of Emergency Medical Services and authorizing
the execution and filing by the City Manager of the conditions of the grant and other
grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
72
1. The City of Roanoke hereby accepts the offer made by the
Virginia Department of Health, Office of Emergency Medical Services of the
Consolidated Grant in the amount of $42,000.00.
2. The City Manager or the Assistant City Manager for Operations
is hereby authorized to accept, execute and file on behalf of the City any documents
setting forth the conditions of Virginia Department of Health, Office of Emergency
Medical Services Consolidated Grant.
ATTEST:
3. The City Manager or the Assistant City Manager for Operations is
further directed to furnish such additional information as may be required by the
Virginia Department of Health, Office of Emergency Medical Services in connection
with the City's acceptance of the foregoing grant or with such project.
APPROVED ~J
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36205-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
73
A_lAp__~priations_
Public Safety $ 2,528,545.00
State Asset Forfeiture (1) ................................ 294,968.00
Revenues
Public Safety
State Asset Forfeiture (2-3) ...............................
2,528,545.00
294,968.00
1) Overtime Wages
2) State Asset Forfeiture
Proceeds
3) Interest
(035-640-3302.1003)
(035-640-3302-3300)
(035-640-3302 -3299)
75,950.00
73,790.00
2,160.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36206-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
74
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Public Safety
Federal Asset Forfeiture (1) ............................
$ 2,466,472.00
359,757.00
Revenues
Public Safety
Federal Asset Forfeiture (2-3) ..........................
2,466,472.00
359,757.00
1) Investigations and Rewards
2) Federal Asset Forfeiture
Proceeds
3) Interest
(035-640-3304-2150)
(035-640-3304-3305)
(035-640 -3304-3306)
$ 13,877.00
13,596.00
281.00
reading of this ordinance by title is hereby dispensed with.
Pursuant to the provisions of Section 12 of the City Charter, the second
APPROVED ~~
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
75
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36207-012103.
A RESOLUTION authorizing the City Manager to apply for a grant for a
Virginia Recreational Trails Fund Program administered through the Virginia
Department of Conservation and Recreation.
BE IT RESOLVED by the Council of the City of Roanoke that th~ City
Manager be and is hereby authorized to sign on behalf of the City an application to
the Virginia Department of Conservation and Recreation for a Virginia Recreational
Trails Fund Grant, in an 80/20 reimbursable grant, to enable the City to, among other
things, rehabilitate an eight-mile section of the over forty mile Carvins Cove trail
system, in an overall grant amount not to exceed $80,000.00.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36208-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
76
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
~ions
Economic Development
Marketing Identity (1) ...............................
$ 25,195,051.00
300,000.00
Capital Improvement Reserve
Capital Improvement Reserve (2) .....................
5,879,440.00
579,593.00
1) Appropriated from
General Revenue
2) Economic Development
(008-310-9798-9003)
(008-052-9575-9178)
$ 300,000.00
(300,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36209-0t2103.
A RESOLUTION amending Resolution No. 30964-041392, relating to the
appointment of Commissioners to the Hotel Roanoke Conference Center
Commission.
77
WHEREAS, the 1991 Session of the General Assembly enacted the Hotel
Roanoke Conference Center Commission Act, hereinafter referred to as the "Act,"
Chapter 440 of the 1991 Acts of Assembly;
WHEREAS, by Resolution No. 30964-041392, the City of Roanoke has
declared that there was a need for a Conference Center Commission and that the
City and Virginia Polytechnic Institute and State University should unite i;l its
formation;
WHEREAS, pursuant to Section 5 of the Act, the governing body of the
City is to appoint Commissioners to the commission; and
WHEREAS, by Resolution No. 30964-041392, this Council provided for
the appointment of its initial three Commissioners, subject to certain terms and
conditions.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that for appointments on and after the date of this resolution, that it is Council's
intent in making such appointments to designate the Commissioners such that:
(1) one member be a current member of City Council;
(2) one member be either the City Manager or another City
employee; and
(3) one member be a citizen at large.
APPROVED ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
78 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36210-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Risk Management Funds Appropriations and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Risk Management Funds Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Nondepartmental
Transfers to Other Funds (1) .........................
$ 75,187,052.00
72,196,834.00
Fund Balance
Reserved Fund Balance
Reserve for Self-Insured Claims (2) ....................
1,352,031.00
Risk Manaaement Fund
Revenues
Nonoperating
Transfers from Other Funds (3) ........................
465,000.00
250,000.00
Retai~
Reserve for Self-Insured Claims (4) ......................
5,310,118.00
79
1) Transfer to Risk
Management Fund
2) Reserve for
Self-Insured Claims
3) Transfer from
General Fund
4) Reserve for
Self-Insured Claims
(001-250-9310-9529)
(001-3327)
(019-110-1234-1037)
(019-3327)
$ 250,000.00
(250,000.00)
250,000.00
250,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36211-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects, School and School Capital Projects Funds Appropriations,
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects, School and School Capital Projects
Funds Appropriations be, and the same are hereby, amended and reordained to read
as follows, in part:
80 -
Capital Projects Fund
~iations
Nondepartmental
Transfers to Other Funds (1) .............................
Fund Balance Available for Appropriation (2) ................
ch_~_9~Fund
Education
Chess Program 2002-03 (3-4) .............................
Homeless Assistance Program (5-8) .......................
Western Virginia Regional Science Fair (9-14) ...............
Revenues
Education
Chess Program 2002-03 (15) .............................
Homeless Assistance Program (16) .......................
Western Virginia Regional Science Fair (17-18) .............
School Caoital Pro_iects Fund
Appropriations
Education
Roanoke Academy Improvements (19-21) ..................
Roanoke Academy Renovation (22) .......................
Public Improvement Bonds - Series 1999 (23) ..............
1,995,000.00
1,995,000.00
313,826.00
136,322,880.00
15,000.00
40,000.00
8,250.00
134,379,503.00
15,000.00
40,000.00
8,250.00
21,167,418.00
11,804,450.00
1,291,618.00
356,271.00
Revenues
Intergovernmental
Roanoke Academy Literary Loan (24) .....................
Roanoke Academy QZAB (25) ...........................
Miscellaneous
Transfer from Capital Projects Fund (26) ...................
1) Transfer to School
Capital Projects Fund
2) Fund Balance Available
for Appropriation
3) Tournament Fees
4) Tournament Attendance
5) Instructor
6) Social Security
7) Retirement
8) Health Insurance
9) Contracted Services
10) Travel Expenses
11) Membership Fees
12) Instructional Supplies
13) Security Guards
14) Social Security
15) Donations
16) Federal Grant
Receipts
17) Local Match
18) Fees
19) Appropriated from
Series 1999 Bond Issue
20) Appropriated from
General Revenue
21) Appropriated from
Literary Loan/VPSA
Bond Funds
(008-530~712-9531) $
(008-3349)
(030-062-6611-6102-0332)
(030~62-6611-6102-0554)
(030-062-6842-6100-0121 )
(030-062-6842-6100-0201 )
(030-062-6842-6100-0202)
(030-062-6842-6100-0204)
(030-062-6849-6311.0313)
(030-062-6849-6311-0554)
(030-062-6849-6311-0581)
(030~62-6849-6311-0614)
(030-062-6849-6685-0195)
(030~62-6849-6685-0201)
(030-062-6611-1103)
(030-062-6842-1102)
(030-062-6849-1101)
(030-062-6849-1103)
(031-060-6058-6896-9001)
(031~60-6058-6896.9003)
(031-060-6058-6896.9006)
81
$ 13,217,967.00
5,000,000.00
1,291,618.00
1,700,000.00
1,700,000.00
700,000.00
(7OO,OOO.OO)
3,000.00
12,000.00
3,940.00
301.00
372.00
387.00
2,685.00
3,725.00
500.00
1,040.00
279.00
21.00
15,000.00
5,000.00
2,000.00
6,250.00
695,000.00
700,000.00
5,000,000.00
82
22) Appropriated from QZAB
23) Schools
24) Literary Fund
Loan-RAMS
25) QZAB Roanoke Academy
26) Transfer from Capital
Projects Fund
(031-060-6060-6896-9109)
(031-060-9709-6896-9182)
(031-060-6058-1301)
(031-060-6060-1273)
(031-060-6052-1237)
$ 1,276,260.00
(695,000.00)
5,000,000.00
1,276,260.00
700,O00.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED ~~~/
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36212-012103.
AN ORDINANCE amending §36.1-25, Definitions; §36.1-206, Permitted
uses; §36.1-207, Special exceotion uses; §36.1-227, Permitted uses; and §36.1-228,
Soecial exceotion uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, providing for general service establishments and personal
service establishments in the C-2, General Commercial District, and the C-3, Central
Business District, and providing for regulations pertaining to the location of tattoo
parlors or body piercing establishments in the City of Roanoke; deleting the
definition of "service establishments" contained in §36.1-25; and dispensing with
the second reading by title of this ordinance.
83
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-25. Definitions, §36.1-206, Permitted uses, §36.1-207,
Special exception uses= §36.1-227, Permitted uses, and §36.1-228, Special exception
uses., of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
§36.1-25. Definitions.
For the purpose of this chapter, certain terms and words used herein
shall be defined as follows:
Body Diercina establishment: An establishment in which
body piercing takes place. For the purposes of this
definition, the term "body piercing" means the act of
penetrating the skin to make a hole, mark, or scar,
generally permanent in nature, but does not include the
use of a mechanized, pre-sterilized ear piercing system
that penetrates the outer perimeter or lobe of the ear, or
both.
General service establishment: A place of business
primarily engaged in the repair or maintenance of
household, or commercial goods, including appliances,
computers, office equipment and automobiles.
Personal service establishment: A place of business
primarily engaged in the training, development or care of
a person or his apparel, including barber and beauty
shops, garment repair and alteration shops, tailoring and
dressmaking shops, shoe repair shops, photographic
studios, and music or art studios, but not including the
provision of medical services or tattoo parlors or body-
piercing establishments.
84
Tattoo parlor: An establishment which offers or practices
the placement of designs, letters, scrolls, figures,
symbols, or any other kind of marks upon or under the
skin of a person with ink or any other substance, resulting
in permanent coloration or marking of the skin, by the aid
of needles or other instruments designed to touch or
puncture the skin, except when performed by a medical
doctor or other medical services personnel licensed
pursuant to Title 54.1 of the Code of Virginia in the
performance of his or her professional duties.
Section 36.1-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2,
General Commercial District:
(26) General service establishments, but not such
establishments primarily engaged in the repair or
maintenance of automobiles, trucks, or construction
equipment.
(49) Personal service establishments.
(50) Business service establishments.
Section 36.1-207. S_oecial exception uses.
The following uses shall be permitted only by special exception in the
C-2, General Commercial District:
Tattoo parlor or body piercing establishments, provided
that the establishment of a tattoo parlor or body piercing
establishment as referred to in this subsection shall
include the opening of such business as a new business,
85
the relocation of such business, the enlargement of such
business in either scope of service or activities or physical
area, or the conversion, in whole or in part, of an existing
business to a tattoo parlor or body piercing establishment.
Section 36.1-227. Permitted uses.
The following uses shall be permitted as principal uses in the C-3,
Central Business District:
(26) General service establishments, but not such
establishments primarily engaged in the repair or
maintenance of automobiles, trucks or construction
equipment.
(41) Personal service establishments.
(42) Business service establishments.
Section 36.1-228. Special exception uses.
The following uses shall be permitted only by special exception in the
C-3, Central Business District:
(6) Tattoo parlor or body piercing establishments,
provided that the establishment of a tattoo parlor or body
piercing establishment as referred to in this subsection
shall include the opening of such business as a new
business, the relocation of such business, the
enlargement of such business in either scope of service
or activities or physical area, or the conversion, in whole
or in part, of an existing business to a tattoo parlor or
body piercing establishment.
86
2. Section 36.1-25, Definitions, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended, is hereby amended by the deletion of the
definition of "service establishments".
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36213-012103.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to certain conditions proffered by
the applicants, and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke and Calvin W. and Mary C. Powers and
Theodore J. and Judy P. Sutton have made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from LM, Light
Manufacturing District, and C-2, General Commercial District, to C-3, Central
Business District, subject to certain conditions proffered by the applicants; and
87
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on January 21, 2003, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos.
204 and 307 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the
following particular and no other:
Those certain tracts of land lying generally west of Courtland Avenue,
north of Orange Avenue and south of Sycamore Avenue, designated more
specifically as Official Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305,
3070306, 3070307, 3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316,
2041816, 2041817 and Official Tax Numbers 3070501,3070318 and 3070321, be, and
are hereby rezoned from LM, Light Manufacturing District, and C-2, General
Commercial District, to C-3, Central Business District, subject to the proffered
conditions stated in the Petition to Rezone filed in the Office of the City Clerk on
December 6, 2002, and that Sheet Nos. 204 and 307 of the Zone Map be changed in
this respect.
88
BE IT FURTHER ORDAINED that pursuant to the provisions of §12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36214-012103.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City; and dispensing with the second reading of
this ordinance by title.
WHEREAS, David John Ostrom, Jr. has made application to the Council
of the City of Roanoke to have the hereinafter described property rezoned from
RM-I, Residential Multi-Family, Low Density District, to LM, Light Manufacturing
District; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on January 21, 2003, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
89
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code ofthe City of Roanoke (1979), as amended,
and Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
A portion of the property at 1033 Pocahontas Avenue, N.E.,
known as Lot 27, Section 1, Fairmont Corporation, and
identified as Official Tax No. 3042118, and designated on
Sheet No. 304 of the Sectional 1976 Zone Map, City of
Roanoke, be, and is hereby rezoned from RM-1,
Residential Multi-Family District, Low Density District, to
LM, Light Manufacturing District, in accordance with the
First Amended Petition filed in the Office of the City Clerk
on November 7, 2002, and that Sheet No. 304 of the Zone
Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Ma~ F. Parker Ralph K. Smith
Ci~ Clerk Mayor
90 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36215-012103.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain propertywithin the City, subject to certain conditions proffered bythe
applicants; and dispensing with the second reading of this ordinance by title.
WHEREAS, Robert Monsour and Sandy P. Monsour, have made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from RM-1, Residential Multifamily District, Low Density District,
to CN, Neighborhood Commercial District, subject to certain conditions proffered by
the applicants; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on January 21, 2003, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
91
That tract of land consisting of 0.36 acres located at the
intersection of Plantation and Liberty Roads, N.E.,
designated as Official Tax Map Number 3130805, be, and
is hereby rezoned from RM-1, Residential Multifamily
District, Medium Density District, to CN, Neighborhood
Commercial District, subject to the proffers contained in
the Third Amended Petition filed in the Office of the City
Clerk on December 20, 2002, and that Sheet No. 313 of the
Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST: A P P R O V E D ./~~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36216-012103.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Kristi Parr, filed an amended application dated December 3,
2002, to the Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close the public
rights-of-way described hereinafter; and
92
WHEREAS, the City Planning Commission, after giving proper notice to
all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said amended application by
the City Council on January 21,2003, after due and timely notice thereof as required
by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on said
amended application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
That alley intersecting with Mississippi Avenue, N.E., lying
between parcels bearing Official Tax Nos. 3130429 and
3130428
be, and is hereby permanently vacated, discontinued and closed, and that all right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the closed
portion of the rights-of-way, reserving however, to the City of Roanoke and any utility
company, including, specifically, without limitation, providers to or for the public of
cable television, electricity, natural gas or telephone service, an easement for sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across said public rights-of-way,
together with the right Of ingress and egress for the maintenance or replacement of
such lines, mains or utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner,
93
any landscaping, fences, shrubbery, structure or any other encroachments on or
over the easement which impede access for maintenance or replacement purposes
at the time such work is undertaken; such easement or easements to terminate upon
the later abandonment of use or permanent removal from the above-described public
rights-of.way of any such municipal installation or other utility or facility by the
owner thereof.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the amended application, deliver to the Clerk of
the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance
for recordation where deeds are recorded in said Clerk's Office, indexing the same
in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of
Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that
such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been
met within a period of one (1) year from the date of the adoption of this ordinance,
then said ordinance be null and void with no further action by City Council being
necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of§12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
94 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36217-012103.
AN ORDINANCE authorizing the alteration and closing by barricade of
certain public right-of-way in the City of Roanoke, Virginia, as are more particularly
described hereinafter, and dispensing with the second reading by title of this
ordinance.
WHEREAS, the Trustees of St. Paul United Methodist Church filed an
Application to the Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to alter and close by barricade the public right-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §30-14, Code of the City of Roanoke (1979),
as amended, and after having conducted a public hearing on the matter, has made
its recommendation to Council; and
WHEREAS, public hearing was held on said application by the City
Council on January 21, 2003, after due and timely notice thereof as required by
§30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties
in interest and citizens were afforded an opportunity to be heard on said Application;
and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closure by barricade of the subject public right-of-way
have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
substantial inconvenience will result to any individual or to the public from altering
and closing by barricade said public right-of-way, and that such alteration will
promote the safety and welfare of those using the subject public right-of-way and the
right-of-way in the vicinity of the right-of-way to be closed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
95
That portion of Moorman Road, N.W., at its intersection
with 5th Street, N.W. be, and hereby is, altered and closed
by way of a barricade, as described in said Application.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "Altered and Closed by Barricade" on said right-of-way on all maps
and plats on file in his office on which said rights-of-way are shown, referring to the
book and page of ordinances and resolutions of the Council of the City of Roanoke,
Virginia, wherein this Ordinance shall be spread.
BE IT FURTHER ORDAINED that the Trustees of St. Paul United
Methodist Church deliver to the Clerk of the Circuit Court of the City of Roanoke,
Virginia, an attested copy of this ordinance in order that said Clerk may make proper
notations, if any, of the alteration and closing by barricade as described above on
all maps and plats recorded in that office on which Moorman Road, N. W. at its
intersection with 5th Street, N.W., appear.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~j
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36218~12103.
AN ORDINANCE approving the Old Southwest Neighborhood Plan, and
amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Old
Southwest Neighborhood Plan; and dispensing with the second reading of this
ordinance by title.
96
WHEREAS, the Old Southwest Neighborhood Plan (the "Plan") was
presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on
December 19, 2002, and recommended adoption of the Plan and amending Vision
2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include
such Plan; and
WHEREAS, in accordance with the provisions of §15.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Tuesday, January 21, 2003, on the proposed Plan, at which hearing all citizens so
desiring were given an opportunity to be heard and to present their views on such
amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That this Council hereby approves the Old
Southwest Neighborhood Plan and amends Vision 2001 -
2020, the City's Comprehensive Plan, to include the Old
Southwest Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit
attested copies of this ordinance to the City Planning
Commission.
3. Pursuant to the provisions of Section 12 of the City
Charter, the second reading of this ordinance by title is
hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
97
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36219~12103.
AN ORDINANCE approving the Belmont Neighborhood Plan, and
amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Belmont
Neighborhood Plan; and dispensing with the second reading of this ordinance by
title.
WHEREAS, the Belmont Neighborhood Plan (the "Plan") was presented
to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on
December 19, 2002, and recommended adoption of the Plan and amending Vision
2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include
such Plan; and
WHEREAS, in accordance with the provisions of §15.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Tuesday, January 21, 2003, on the proposed Plan, at which hearing all citizens so
desiring were given an opportunity to be heard and to present their views on such
amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roaqoke
as follows:
1. That this Council hereby approves the Belmont
Neighborhood Plan and amends Vision 2001 - 2020, the
City's Comprehensive Plan, to include the Belmont
Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit
attested copies of this ordinance to the City Planning
Commission.
98 --
3. Pursuant to the provisions of Section 12 of the City
Charter, the second reading of this ordinance by title is
hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36220-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Water Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Water Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
A_~_ggriations
Capital Outlay $ 9,835,519.00
Crystal Spring Wells Supplements (1) .................... 1,139,720.00
99
Revenues
Operating
Commercial Sales (2) .................................
Industrial Sales (3) ...................................
Domestic Sales (4) ...................................
$ 13,388,295.00
2,266,545.00
313,061.00
1,888,191.00
1) Appropriated from
General Revenue
2) Commercial Sales
3) Industrial Sales
4) Domestic Sales
(002-530-8408~003)
(002-110-1234-0901)
(002-110-1234~902)
(002-110-1234-0903)
500,000.00
189,571.00
24,408.00
286,021.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36221~12103.
AN ORDINANCE changing the rate structure and establishing a revised
rate schedule for certain rates for water provided by the City effective March 1,2003;
directing amendment of the Fee Compendium; and dispensing with the second
reading by title of this ordinance.
100 -
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The revised rates and breakpoints for water
provided by the City of Roanoke shall be as set forth
below with other rates and related charges to continue as
previously established, all as further set forth in the letter
from the City Manager, dated January 21,2003, including
Exhibit A thereto, and such rates, breakpoints, and
charges to be effective for water and statements rendered
on or after March 1, 2003. The revised rates and
breakpoints are as follows:
DESCRIPTION: Water charges for delivery are charged per
hundred cubic feet (100 cubic feet equals 750 gallons).
SERVICE CHARGE: Water Rates Minimum Charge per
Month
Meter Size Effective
(inch) March 1, 2003
5/8 $3.25
% $8.67
1 $11.54
I ~/= $23.10
2 $36.92
3 $92.30
4 $147.66
6 $369.17
8 $590.65
10 $945.02
12 $1,476.65
101
Customer Service Water Consumption Rate per HCF
Type Rates in Hundred Cubic Effective
Feet (HCF) March 1, 2003
Domestic All consumption to 10
HCF per month (7,500 $1.63
gallons)
Over 10 HCF per month
(over 7,500 gallons) $1.80
Commercial All consumption to 100
HCF $1.63
per month (75,000
gallons)
Over 100 HCF per month
( over 75,000 gallons) $1.80
Industrial All consumption to 500
HCF $1.63
)er month (375,000
gallons)
Over 500 HCF per month
(over 375,000 ~lallons) $1.80
Irrigation All consumption $1.80
Notes:
For retail water service sold outside the City limits, the
minimum charge is 100% greater than City rates.
102 -
Cost of water rates and service outside the City limits is
$3.26/100 cu. ft. effective March 1, 2003.
Quarterly minimum charges and rates are three times the
monthly minimum charges and rates.
2. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by City Council by Resolution No. 32412-
032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect
the foregoing amended fees, rates, breakpoints, and charges established by this
ordinance.
3. The fees, rates, breakpoints, and charges established by this
ordinance shall remain in effect until amended by this Council.
ATTEST:
Mary F. Parker
City Clerk
4. Pursuant to Section 12 of the Roanoke City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED ~~_
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36222-012103.
AN ORDINANCE authorizing the vacation and relocation of a portion of
a sanitary sewer and drainage easement across Tax Map No. 1070605, located on
Wildwood Road, S.W., and across a portion of the adjoining parcel identified as
1070603, authorizing the acceptance and dedication of a new sanitary sewer and
drainage easement across a portion of the same properties, upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
103
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, appropriate
documentation providing for the vacation of a portion of an existing sanitary sewer
and drainage easement across Tax Map No. 1070605, located on Wildwood Road,
S.W., and across a portion of the adjoining parcel identified as 1070603, as more
particularly described in the City Manager's letter to this Council dated January 21,
2003.
2. The City Manager and City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, appropriate
documentation providing for the acceptance and dedication of a new sanitary sewer
and drainage easement, across Tax Map No. 1070605, located on Wildwood Road,
S.W., and across a portion of the adjoining parcel identified as 1070603, as more
particularly described in the City Manager's letter to this Council dated January 21,
2003.
3. The City Attorney is authorized to record the appropriate
documentation providing for acceptance and dedication of a new sanitarysewer and
drainage easement across Tax Map No. 1070605, and across a portion of the
adjoining parcel identified as 1070603, as more particularly described in the City
Manager's letter to this Council dated January 21, 2003.
4. Vacation of the aforementioned easements is made expressly
contingent on all of the property owners involved dedicating the new easements to
the City of Roanoke.
5. Pursuant to Section 12 of the City Charter, the second readi,~g of
this ordinance by title is hereby dispensed with.
APPROVED ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
104 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36224-012103.
AN ORDINANCE authorizing the extension of an existing lease between
the City of Roanoke and the General Services Administration of the United States of
America for the lease of certain space in the Commonwealth Building, located at 210
Church Avenue, S.W., for a period of one year, authorizing the City Manager to
execute the requisite lease extension agreement, and dispensing with the second
reading of this ordinance.
WHEREAS, by Ordinance No. 27529, dated May 6, 1985, City Council
authorized the appropriate City officials to enter into a lease agreement, dated
July 15, 1985, between the United States of America, through the General Services
Administration, for space in the Commonwealth Building; and
WHEREAS, the General Services Administration of the United States of
America is interested in extending the current lease of this space, which expires
January 31, 2003, for one year, upon the same terms as the current lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and City Clerk are hereby authorized to execute
and attest, respectively, on behalf of the City, in form approved by the City Attorney,
a lease extension agreement for lease of certain space of City-owned property
known as the Commonwealth Building, upon the same terms as the current lease,
such lease begins February 1, 2003, and expires January 31, 2004, at $6.50 per
square foot plus $3.97 per square foot for operating costs (increased annually based
on consumer price index) with an annual rent amount of $130,007.76, as more
particularly stated in the City Manager's letter to City Council dated January 21,2003.
105
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36223-020303.
AN ORDINANCE authorizing and directing the proper City officials to
enter into a lease extension between the City, the School Board of the City of
Roanoke and the Young Men's Christian Association of Roanoke, Virginia, for use
of the Jefferson High School gymnasium, 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, a lease
extension in form approved by the City Attorney, providing for use and occupancy
of the Jefferson High School gymnasium by the Young Men's Christian Association
of Roanoke, Virginia. The School Board for the City of Roanoke shall also be a party
to such lease. The lease shall provide for a six month extension. Such lease
extension shall commence on January 19, 2003 and end on July 18, 2003.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
106 -
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 3rd day of February, 2003.
No. 36225~20303.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 201, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain propertywithin the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance by title.
WHEREAS, Northwest Neighborhood Environmental Organization and
Robert Crowder, have made application to the Council of the City of Roanoke to have
the hereinafter described property rezoned as follows:
(1) That tract of land lying on the south side of the 500 block of
Loudon Avenue, N.W., identified as Official Tax Nos. 2013101 through 2013109,
inclusive, from RM-2, Residential Multi-family District, Medium Density District, to
RM-3, Residential Multi-family, High Density District, subject to certain conditions
proffered by the applicant;
(2) That tract of land lying on the north side of the 500 block of
Centre Avenue, N.W., identified as Official Tax Nos. 2013117, 2013118 and 2013119,
from LM, Light Manufacturing District, to RM-3, Residential Multi-family, High Density
District, subject to certain conditions proffered by the applicant.
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on February 3, 2003, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the CoUncil by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
107
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roa.qoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 201 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That tract of land on the south side of the 500 block of
Loudon Avenue, N.W., identified as Official Tax Nos.
2013101 through 2013109, inclusive, and designated on
Sheet No. 201 of the Sectional 1976 Zone Map, City of
Roanoke, be, and is hereby rezoned from RM-2,
Residential Multi-Family, Medium Density District, to RM-3,
Residential Multi-family, High Density District, subject to
certain conditions proffered by the applicant as set forth
in the Amended Petition filed in the Office of the City Clerk
on December 31,2002, and that Sheet No. 201 of the Zone
Map be changed in this respect; and
2. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 201 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That tract of land lying on the north side of the 500 block
of Centre Avenue, N.W., identified as Official Tax Nos.
2013117, 2013118 and 2013119, and designated on Sheet
No. 201 of the Sectional 1976 Zone Map, City of Roanoke,
be, and is hereby rezoned from LM, Light Manufacturing
District, to RM-3, Residential Multi-family, High Density
District, subject to certain conditions proffered by the
applicant as set forth in the Amended Petition filed in the
Office of the City Clerk on December 31, 2002, and that
Sheet No. 201 of the Zone Map be changed in this respect.
108
3. Pursuant to the pr.o. visions of Sec!ion 12 of the City Charter, the
second reading of this ordinance by t,tle is hereby d,spensed w~,~
Mary F. Par~'er · Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36226~20303.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Northwest Neighborhood Environmental Organization
(NNEO)filed an application dated November 7, 2002, to the Council of the City of
Roanoke, Virginia, in accordance with law, requesting the Council to permanently
vacate, discontinue and close the public rights-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to
all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on February 3, 2003, after due and timely notice thereof as required by
§30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties
in interest and citizens were afforded an opportunity to be heard on said application;
and
109
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
All of the alley from 6th Street, N.W. to 5th Street, N.W., in
the block lying between Loudon Avenue, N.W., and Centre
Avenue, N.W., beginning at the east side of 6t~ Street, N.W.,
between lots bearing Official Tax Nos. 2013101 and
2013115, and extending east to its intersection with 5t~
Street, N.W., between lots bearing Official Tax Map
Numbers 2013114 and 2013123, extending north, and on
the west extending along the east border of lot bearing
Official Tax Map Number 2013109 and on the east
extending along the west border of lots bearing Official
Tax Map Numbers 2013114 through 2013110, extending
north to its intersection with Loudon Avenue
be, and are hereby permanently vacated, discontinued and closed, and that ail right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the clused
portion of the rights-of-way, reserving however, to the City of Roanoke and any utility
company, including, specifically, without limitation, providers to or for the public of
cable television, electricity, natural gas or telephone service, an easement for sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across said public rights-of-way,
together with the right of ingress and egress for the maintenance or replacement of
such lines, mains or utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement
which impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public rights-
of-way of any such municipal installation or other utility or facility by the owner
thereof.
110
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of
Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that
such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been
met within a period of one (1) year from the date of the adoption of this ordinance,
then said ordinance be null and void with no further action by City Council being
necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
111
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36227-020303.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Annrooriations
Flood Reduction
Peters Creek Flood Mitigation Phase 4 (1) ...................
General Government
.......... " ' " '
Public Works Service ........
Streets and Bridges
First Street Pedestrian Bridge (3) ................
Road Safety Improvement Program i~)'. i . i .... ' .." ' '
Walnut Avenue Bridge Project (5) ...........................
Williamson Road Improvements (6) ........................
VDOT Highway Projects (7) ..............................
Curb, Gutter, and Sidewalk #1 (8) .........................
Curb, Gutter, and Sidewalk #2 (9) .........................
Curb, Gutter and Sidewalk #3 (10) .........................
Curb, Gutter and Sidewalk #4 (11) .........................
Curb, Gutter and Sidewalk #5 (12) .........................
Curb, Gutter and Sidewalk #6 (13) ..........................
$18,695,464.00
73,355.00
8,561,801.00
412,993.00
26,404,534.00
887,257.00
322,704.00
369,080.00
143,859.00
410,000.00
891,630.00
500,000.00
500,000.00
500,000.00
500,000.00
500,000.00
Storm Drains
Trout Run Culvert Repairs (14) ..............................
Barnhart Street Drainage Improvements (15) ..................
3,516,831.00
114,000.00
204,000.00
Traffic Engineering 4,673,181.00
Traffic Signals (16) ......................................... 127,414.00
112
Capital Improvement Reserve 579,593.00
Public Improvement Bonds - Series 1999 (17-20) ................ -0-
Public Improvement Bonds Series 2002 (21) -0-
01) Appropriated from Series
1999 Bond Issue
02) Appropriated from Series
1999 Bond Issue
03) Appropriated from Series
1999 Bond Issue
04) Appropriated from Series
1999 Bond Issue
05) Appropriated from Series
1999 Bond Issue
06) Appropriated from Series
1999 Bond Issue
07) Appropriated from Series
1999 Bond Issue
08) Appropriated from Series
2002 Bond Issue
09) Appropriated from Series
2002 Bond Issue
10) Appropriated from Series
2002 Bond Issue
11) Appropriated from Series
2002 Bond Issue
12) Appropriated from Series
2002 Bond issue
13) Appropriated from Series
2002 Bond Issue
14) Appropriated from Series
1999 Bond Issue
15) Appropriated from Series
1999 Bond Issue
16) Appropriated from Series
1999 Bond Issue
17) Storm Drains
18) Buildings
19) Bridges
20) Streets and Sidewalks
(008-530-9801-9001)
(008-530-9776-9001)
(008-052-9574-9001)
(008-052-9606-9001)
(008-530-9511-9001)
(008-530-9802-9001)
(008-530-9803-9001)
(008-530-9804-9076)
(008-530-9805-9076)
(008-530-9806-9076)
(008.530-9807-9076)
(008-530-9808-9076)
(008-530-9809-9076)
(008-530-9810-9001 )
(008-530-9811-9001)
(008-530-9812.9001 )
(008-052-9709-9176)
(008.052-9709-9183)
(008.052-9709-9190)
(008-052-9709-9191)
21) Curb, Gutter and
Sidewalk Improvements (008.530-9711-9195)
$73,355.00
9,169.00
750,00.00
t7,340.00
59,080.00
143,859.00
410,000.00
891,630.00
500,000.00
500,000.00
500,000.00
500,000.00
500,000.00
114,000.00
204,000.00
127,414.00
(391,355.00)
(9,169.00)
(8o9,o8o.oo)
(698,613.00)
(3,391,630.00)
113
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
~ AP P R OV E D ~.~
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of February, 2003.
No. 36228~20303.
A RESOLUTION to provide for certain waivers and consents by the City
of certain restrictive covenants in connection with certain real property located at
the Roanoke Centre for Industry and Technology (RClT) and owned by Liberty
Property Limited Partnership (Liberty) and occupied by Elizabeth Arden, Inc.;
authorizing the proper City officials to execute such waivers and consents on behalf
of the City in connection with those restrictive covenants; and authorizing the proper
City officials to execute any other documents to conclude the proposed expansion
of the facility occupied by Elizabeth Arden, Inc., at RClT.
WHEREAS, Liberty owns certain real property at RCIT that is occupied
by Elizabeth Arden, Inc., and these parties wish to expand the facility at the present
site. Under the current provisions of the Restrictive Covenants at RClT recorded in
the Roanoke City Circuit Court Clerk's Office, Deed Book 1495, at page 1797,
paragraph 6(c), certain setbacks are required for any building or structure on such
property. However, the proposed expansion requires a setback of 41 feet for the
parking lot and 35 feet for the expanded building and the parties have requested that
the City waive the restrictive covenants in accordance with the terms of the Deed of
Restriction; and
114
WHEREAS, the City has agreed to waive the setback requirements in the
Deed of Restriction and has also obtained the required number of consents and
approvals from other property owners as set forth in paragraph t3 of the Deed of
Restriction in order to provide for the setbacks requested by Liberty and Elizabeth
Arden, Inc.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The City waives the restrictive covenant provisions contained in
paragraph 6(c) of the Deed of Restriction forLiberty's property in RCIT regarding
required setbacks for buildings or structures to the extent necessary to allow Liberty
and Elizabeth Arden, Inc., to provide for expansion of the facility with a setback of
41 feet for the parking lot and 35 feet for the building expansion from the right-of-
way and in order to allow the construction of those items, all as more particularly set
forth in the City Manager's letter to Council dated February 3, 2003.
2. The City Manager and the City Clerk are hereby authorized .and
directed to execute and attest, respectively, for and on behalf of the City, a Wmver
of the Provision of the Deed of Restriction for Elizabeth Arden's expansion
substantially similar to the one attached to the above mentioned City Manager's
letter, with the form of such Waiver to be approved by the City Attorney, and to take
such further action and to execute and provide such further documents as may be
necessary to allow for the above expansion.
APPROVED
ATTEST:
MaryF. Par r
City Clerk Mayor
115
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36229-020303.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects and Fleet Management Funds Appropriations and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003Capital Projects and Fleet Management Funds
Appropriations be, and the same are hereby, amended and reordained to read as
follows, in part:
Capital Projects Fund
Appropriations
General Government
Public Works Service Center Phase I (1) ....................
Streets and Bridges
Brandon Avenue Widening (2) ............................
$9,183,139.00
1,034,331.00
26,251,777.00
56,101.00
Revenues
Nonoperating
Transfer from General Fund (3) ............................
Transfer from Fleet Management Fund (4) ...................
2,253,603.00
2,211,663.00
41,940.00
Fund Balance
Reserved Fund Balance - Unappropriated
Fund Balance Available for Appropriation (5) .................
57,185.00
Fleet Mana.qement Fund
Appropriations
Operating 7,511,590.00
Transfers to Other Funds (6) ............................... 41,940.00
116 -
Retained Earninas
Retained Earnings Available for Appropriation (7) ................ 278,060.00
01) Appropriated from
General Revenue
02) Appropriated from
General Revenue
03) Transfer from
General Fund
04) Transfer from Fleet
Management Fund
05) Other Fund Balance
Available
06) Transfer to Capital
Projects Fund
07) Retained Earnings
Available for
Appropriations
(008-530-9776-9003)
(008-052-9604-9003)
(008-1 t 0-1234-1037)
(008-110-1234-1186)
(008-3349)
(017-440-2643-9508)
(017-3348)
$621,338.00
(152,757.00)
170,000.00
41,940.00
(256,641.00)
41,940.00
(41,940.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with. j.~
APPROVED ~
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36230-020303.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
117
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Public Safety
VSTOP CY03 (1-8) ......................................
$2,488,134.00
35,539.00
Revenues
Public Safety
VSTOP CY03 (9-10) ......................................
2,488,134.00
35,539.00
01) Regular Employee
Salaries
02) ICMA RC Retirement
03) FICA
04) Health Insurance
05) Dental Insurance
06) Administrative Supplies
07) Local Mileage
08) Other Equipment
09) Local Match
10) State Grant Receipts
(035~40-3325-1002)
(035~40~325-1115)
(035-840~325-1120)
(035~40~325-1125)
(035-840-3325-1126)
(035-640-3325~030)
(035-840-3325~046)
(035~40-3325~015)
(035~40-3325~325)
(035~40-3325-3326)
$ 27,145.00
2,647.00
2,036.00
1,903.00
185.00
460.00
663.00
500.00
3,136.00
32,403.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinan ce by title is hereAPPROVED by dispensed wit
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
118 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of February, 2003.
No. 36231-020303.
A RESOLUTION accepting the Virginia Services, Training, Officers,
Prosecution (VSTOP) Violence Against Women Grant offer made to the City by the
Virginia Department of Criminal Justice Services and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Virginia Services,
Training, Officers, Prosecution (VSTOP) Violence Against Women grant offered by
the Virginia Department of Criminal Justice Services in the amount of $32,403.00
upon all the terms, provisions and conditions rsiating to the receipt of such funds.
The grant which requires a $23,127.00 in-kind match by the City and a cash match
of $3,136.00 is more particularly described in the letter of the City Manager, dated
February 3, 2003.
2. The City Manager and the City Clerk, are hereby authorized to
execute, seal and attest, respectively, the grant agreement and all necessary
documents required to accept the grant, including any documents providing for
indemnification from the City that may be required for the City's acceptance of this
grant, all such documents to be approved as to form by the City Attorney.
. 3. The City Manager is further directed to furnish such additional
informatmon as may be required in connection with the City's acceptance of this
grant. ~~
APPROVED
Mary F. Parke~ Ralph K. Smith
City Clerk Mayor
119
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of February, 2003.
No. 36233~20303.
A RESOLUTION authorizing the City Manager to execute, for and on
behalf of the City of Roanoke, a Virginia Pollutant Discharge Elimination System
(VPDES) General Permit Registration Statement for storm water discharges from
small municipal separate storm sewer systems with the Virginia Department of
Environmental Quality, upon certain terms and conditions; and authorizing the City
Manager to take such further action and to execute and provide such further
documents as may be necessary to comply with or implement the provisions of that
Registration Statement.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized and
directed to execute and attest, respectively, for and on behalf of the City of Roanoke,
a Virginia Pollutant Discharge Elimination System General Permit Registration
Statement for storm water discharges from small municipal separate storm sower
systems with the Virginia Department of Environmental Quality, upon certain terms
and conditions, with the form of the Registration Statement to be approved by the
City Attorney, all as set forth in the City Manager's letter to Council dated February 3,
2003.
2. The Registration Statement shall contain terms and conditions
as mentioned in the above City Manager's letter and will be substantially similar to
the Registration Statement attached to such letter.
3. The City Manager is also authorized to take such further action
and to execute and provide such further documents as may be necessary to comply
with or implement the provisions of the Registration Statement and the filing
requirements for such Registration Statement, including, but not limited to any
necessary contracts or agreements with third parties to implement and complete the
items outlined in the Registration Statement.
120 -
4. By adopting this Resolution, City Council hereby expresses its
intent to fund, either through prior, simultaneous, or future appropriations, the funds
required for complying with the terms of the above mentioned Registration
Statement.
APPROVED
ATTEST: ~//~,~,,,4~-
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36234-020303.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Capital Projects Funds Appropriations and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Approoriations
Public Works
Transportation - Street Paving (1) .........................
Nondepartmental
Transfers to Other Funds (2) .............................
$24,717,329.00
2,437,183.00
75,175,922.00
72,185,704.00
121
Capital Projects Fund
Appropriations
Traffic Engineering
Traffic Signal Systems (3) ................................
5,240,051.00
330,000.00
Capital Improvement Reserve
Capital Improvement Reserve (4) ...........................
515,749.00
515,749.00
Revenues
Nonoperating
Transfer from General Fund (5) ............................
2,519,759.00
2,477,819.00
01) Fees for Professional
Services
02) Transfer to Capital
Projects Fund
03) Appropriated from
General Revenue
04) Streets and Bridges
05) Transfer from
General Fund
(001-530-4120-2010)
(001-250-9310-9508)
(008-530-9800-9003)
(008-052-9575-9181)
(008-110-1237-1037)
$(266,156.00)
266,156.00
330,000.00
(63,844.00)
266,156.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED 3~
Mary F. Parkbr Ralph K. Smith
City Clerk Mayor
122
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36235-020303.
AN ORDINANCE authorizing the City Manager to execute a Release and
Transfer of Terms, Conditions, Covenants and Restrictions transferring the terms,
conditions, covenants and restrictions from the 3.217+ acre tract lying within the
boundary of Kennedy Park, to enable the Roanoke City School Board to use the
property for educational purposes, namely Roanoke Academy of Mathematics and
Science; and dispensing with the second reading by title of this ordinance.
WHEREAS, on May 28, 1965, the National Park Service, pursuant to the
Federal Property and Administrative Services Act of 1949 conveyed, by deed, 7.83
acres of land to the City (Tax Parcel #2340121), the deed is recorded in the Circuit
Court for the City of Roanoke in Deed Book 1179, at page 244. This conveyance
included certain terms, conditions, covenants and restrictions that required the
property to be used and maintained for public park or public recreational purposes;
and
WHEREAS, on January 22, 2002, Council approved Resolution
No.35728-012202 authorizing the Roanoke City School Board to use approximately
8.5 acres of land on the corner of 19~ Street and Andrews Road for the new Roanoke
Academy of Mathematics and Science. That measure contained a provision that the
School Board receive the required approval from the United States Department of
Interior for a land exchange. On November 21, 2002, such approval was obtained
and approval has been obtained for the release and transfer of terms, conditions,
covenants and restrictions from the above described property. As a result of this
action, the City proposes to remove the terms, conditions, covenants and
restrictions enumerated in the 1965 conveyance from a 3.217, acre tract, lying within
the boundary of Kennedy Park, to enable the School Board to use the property for
educational purposes, and to transfer these same terms, conditions, covenants and
restrictions to a 1.039, acre tract located at Riverland Road Addition (Roanoke River
Greenway properties).
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
123
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, a Release and Transfer of Terms, Conditions, Covenants and Restrictions
transferring the terms, conditions, covenants and restrictions from the 3.217+ acre tract lying
within the boundary of Kennedy Park, to enable the Roanoke City School Board to use the
property for educational purposes, in a form approved by the City Attorney, all as set forth in
the City Attorney's Letter to Council dated February 3, 2003.
reading of this ordinance by title is hereby dispensed with.
Pursuant to the provisions of Section 12 of the City Charter, the second
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of February, 2003.
No. 36236-020303.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Risk
Management Fund Appropriations, and dispensing with the second reading by tit~e of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Risk Management Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Risk Management Administration (1) ....................... $1,202,710.00
Retained Earninqs
Retained Earnings (2) .................................... 4,771,201.00
01) Settlements (019-340-1262.2179) $100,000.00
02) Reserve for Self-Insured
Claims (019-3327) (100,000.00)
124
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36232-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Streets and Bridges
1-581 Interchange (1) .........................................
$26,014,907.00
6,275,130.00
Traffic Engineering
Traffic Calming Initiatives (2) ...................................
4,910,051.00
236,870.00
1) Appropriated from Series 1996 Bond Issue
2) Appropriated from Series 1996 Bond Issue
APPROVED
City Clerk
(008-052-9545-9088) (236,870.00)
(008-530-9799-9088) 236,870.00
Mayor
125
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36237-021803.
AN ORDINANCE directing amendment of the Fee Compendium to
establish the fee for outdoor dining permits for calendar year 2003; and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by City Council by Resolution No. 32412-
032795, adopted March 27, 1995, effective as of that date, as amended, shall be
amended to establish the outdoor dining permit fee to be $3.25 per square foot of
space permitted by the City Manager for calendar year 2003, with the permit fee for
calendar year 2004 to be reconsidered and established by City Council at a later date
as it deems appropriate, as set forth in the letter dated February 18, 2003, from the
City Manager to this Council.
2. Pursuant to §12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Mayor
126 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36238-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Ao_orooriations
Streets and Bridges
Elm Avenue and 1-581 Interchange Study (1) .............
$ 26,114,907.00
100,000.00
Capital Improvement Revenue
Capital Improvement Reserve (2) .......................
415,749.00
415,749.00
1) Appropriated from
General Revenue
2) Streets and Bridges
(008-530-9813.9003)
(008-052-9575-9181)
$ 100,000.00
(100,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
127
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36239-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Am3rooriations
Public Works
Transportation.Snow Removal (1-6) ...................
Transportation-Streets and Traffic (7) ..................
Transportation-Engineering and Operations (8) ..........
$ 25,098,485.00
517,683.00
3,988,162.00
1,280,374.00
Nondepartmental
Contingency-General Fund (9) ........................
75,056,766.00
1,314,194.00
1) Overtime Wages
2) FICA
3) Fees For Professional
Services
4) Expendable Equipment
5) Motor Fuels
and Lubricants
6) Chemicals
7) Regular Employee
Salaries
8) Regular Employee
Salaries
9) Contingency
(001-530-4140-1003)
(001-530-4140-1120)
(001-530-4140-2010)
(001-530-4140-2035)
(001-530-4140-2038)
(001-530-4140-2045)
(001-530-4110-1002)
(001-530-4160-1002)
(001-300-9410-2199)
$ 59,818.00
4,576.00
14,500.00
15,000.00
7,808.00
148,298.00
(85,000.00)
(50,000.00)
(115,000.00)
128
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36240-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Fifth District Employment and Training Consortium Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Fifth District Employment and Training Consortium Fund
Appropriations be, and the same are hereby, amended and reordained to read as
follows, in part:
Fifth District Employment and Training Consortium
Welfare to Work Grant (1-12) .............................
$ 3,990,244.00
82,072.00
Revenues
3,990,244.00
82,072.00
Fifth District Employment and Training Consortium
Welfare to Work Grant (13) ...............................
129
1) Temporary Employees
2) Wages
3) Fringes
4) Travel
5) Communication
6) Supplies
7) Insurance
8) Program Leases
9) Miscellaneous
10) Support Services
11) Training
12) Subsidized Wages
13) Welfare to Work Grant
(034-633-2394-8049)
(034-633-2394-8050)
(034-633-2394-8051)
(034-633-2394-8052)
(034-633-2394-8053)
(034-633-2394-8055)
(034-633-2394.8056)
(034-633-2394-8057)
(034-633-2394-8060)
(034-633-2394-8461)
(034-633-2394.8500)
(034-633 -2394-8502)
(034-633-2394-2394)
$ 20,250.00
15,150.00
3,850.00
1,250.00
1,800.00
1,175.00
2,250.00
7,000.00
3,147.00
5,500.00
8,500.00
12,200.00
82,072.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36241.021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
130
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
ADoro=riations
Health and Welfare
Homeless Assistance Grant 2/03 - 1/06 (1-17) ...............
$ 4,232,595.00
413,006.00
Revenues
Health and Welfare
Homeless Assistance Grant 2~03 - 1106 (18) .................
4,232,595.00
413,006.00
1 Regular Employee Salaries
2 Temporary Employee Wages
3, FICA
4, Medical Insurance
5, Dental Insurance
6r Telephone
7~ Telephone-Cellular
8~ Administrative Supplies
9 t Expendable Equipment
< $5,000
10) Motor Fuels
and Lubricants
11) Training and
Development
12) Fleet Management Daily
Vehicle Maintenance
13) Program Activities
14) Postage
15) Materials Control
16) Management Services
17) Fleet Management
18) Homeless Assistance
2/03 - 1/06
(035-630-5240-1002)
(035-630-5240-1004)
(035-630-5240-1120)
(035-630-5240-1125)
(035-630-5240-1126)
(035-630-5240-2020)
(035-630-5240-2021)
(035-630-5240-2030)
(035-630-5240-2035)
(035-630-5240-2038)
(035-630-5240-2044)
(035-630-5240~054)
(035-630-5240~066)
(035-630-5240-2160)
(035-630-5240-7010)
(035-630-5240-7015)
(035-630-5240~025)
(035.630-5240-5199)
$ 279,004.00
16,843.00
19,347.00
29,106.00
1,896.00
8,001.00
5,001.00
1,000.00
500.00
1,500.00
200.00
200.00
44,936.00
200.00
1,672.00
2,500.00
1,100.00
413,006.00
131
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:/~,.~ 0~.~ ~. ~APPROVED ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36242-021803.
A RESOLUTION authorizing the acceptance of the Roanoke Homeless
Assistance Team Renewal Grant Award from the United States Department of
Housing and Urban Development to provide outreach and limited case management
services to the homeless; and authorizing the execution of the necessary
documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Roanoke Homeless
Assistance Team Renewal Grant Award from the United States Department of
Housing and Urban Development, in the amount of $413,006.00 to provide outreach
and limited case management services to the homeless, and as more particularly set
forth in the February 18, 2003, letter of the City Manager to this Council.
132
2. The City Manager is hereby authorized to execute any and all
requisite documents, including any documents providing for indemnification by the
City as are required for the City's acceptance of this grant, upon form approved by
the City Attorney, and to furnish such additional information as may be required in
connection with the City's acceptance of this grant.
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36243-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School Fund Appropriations, and dispensing with the second reading by title
Of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Education
Refugee School Impact Grant (1-4) ..................
Facilities (5-8) ...................................
$ 136,381,306.00
15,669.00
2,131,323.00
133
Revenues
Education
Refugee Schoollmpact Grant(9) ...................
$ 134,395,172.00
15,669.00
Fund Balance
Reserved for CMERP - Schools (10) ..................
2,164,738.00
1) ELL Instructor
2) Social Security
3) Contracted Services
4) Instructional Supplies
5) Instructional Assistants
6) Social Security
7) Transportation of Pupils
8) Parental Involvement
9) Federal Grant Funds
10) Reserved for CMERP-
Schools
(030-062-6850~105-0121)
(030-062-6850-6105-0201)
(030-062-6850-6105~332)
(030-062-6850-6105.0614)
(030-065~006-6009-0801)
(030-065-6006-6302-0806)
(030-065-6006.6681-0821)
(030-065-6006.6896-0829)
(030-062-6850-1102)
(030-3324)
$ 11,770.00
899.00
1,000.00
2,000.00
1,935.00
7,693.00
23,904.00
9,225.00
15,669.00
(42,757.OO)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
134 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36244.021803.
AN ORDINANCE authorizing the City Manager to execute agreements,
deeds and any related and necessary documents providing for the conveyance of
City-owned property located at the intersections of Gainsboro and Gilmer Road and
at Gainsboro and Harrison Road, and being identified as Official Tax Nos. 2011718,
2021788 and 2021789, to adjacent and nearby property owners, upon certain terms
and conditions, and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on January 21,2003, pursuant to
§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interest and citizens were afforded an opportunity to be heard on said
conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, agreements, deeds and
any related and necessary documents providing for the conveyance of City-owned
property located at the intersections of Gainsboro and Gilmer Road and at
Gainsboro and Harrison Road, and being a portion of Official Tax Nos. 2011718,
2021788 and 2021789, to adjacent and nearby property owners, upon the terms and
conditions set forth in the City Manager's letter to this Council dated January 21,
2003.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney, and the deed for conveyance of the property bearing
Official Tax No. 2011718 shall contain a restriction that no grading will be permitted
on this parcel.
135
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. r Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36245-021803.
AN ORDINANCE amending and reordaining §36.1-164, Permitted uses,
and §36.1-185, Permitted uses, of Division 3, Commercial District Regulations, of
Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, to remove medical clinics as a permitted use in the
CN, Neighborhood Commercial District, and the C-1, Office District; and amending
and reordaining §36.1-165, Special exception uses, and §36.1-186, Sl)ecial exception
uses, of Division 3, Commercial District Regulations, of Article III, District
Requlations, of Chapter 36.1, Zoning, of the Code of the City Roanoke (1979), as
amended, to add medical clinics as a use permitted by special exception in the CN,
Neighborhood Commercial District, and the C-1, Office District; and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-164, Permitted uses, and §36.1-185, Permitted uses,
of Division 3, Commercial District Regulations, of Article III, District Regulations,
of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, are
hereby amended and reordained to read and provide as follows:
136
district.
Section 36.1-164. Permitted uses.
The following listed uses shall be permitted as principal uses in the CN
Unless otherwise stated, the maximum gross ground floor area (the
"footprint") of any new structure shall be five thousand (5,000) square feet:
Section 36.1-185. Permitted uses.
The following uses shall be permitted as principal uses in the C-1
district.
2. Section 36.1-165, Special exceDtion uses, and 36.1-186, Special
exceotion uses, of Division 3, Commercial District Re~_ ulations, of Article III, District
Reaulations, of Chapter 36.1, Zonina, of the Code of the City of Roanoke (1979), as
amended, are hereby amended and reordained to read and provide as follows:
Sec. 36.1-165. Soecial exceotion uses.
The following uses may be permitted by special exception granted by
the board of zoning appeals, subject to the requirements of this section:
(8) Medical clinics.
Sec. 36.1-186. Soecial exceotion uses.
The following uses may be permitted in the C-1 district by special
exception granted bythe board of zoning appeals subject to the requirements of this
section:
(10) Medical clinics.
137
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36246-021803.
AN ORDINANCE granting a revocable license to permit the installation
and encroachment of an awning extending at least eight feet eight inches (8'8")
above the sidewalk and approximately thirty (30) inches into the public right-of-way
at the corner of 1 West Campbell Avenue and Jefferson Street, S.W., and be,,ring
Official Tax No. 1011127, upon certain terms and conditions; and dispensing with
the second reading of this ordinance.
WHEREAS, a public hearing was held on February 18, 2003, pursuant
to §15.2-1800(B), 15.2-1813, and 15.2-2010, Code of Virginia (1950), as amended, at
which hearing all parties in interest and citizens were afforded an opportunity to be
heard on said encroachment.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
138
1. Permission is hereby granted the current owner, Hong Ki Min
("Licensee") and his grantees, assignees, or successors in interest, of the property
bearing Official Tax No. 1011127, otherwise known as 1 West Campbell Avenue,
S.W., within the City of Roanoke, to permit the installation and encroachment of an
awning extending at least eight feet eight inches (8'8") above the sidewalk and
approximately thirty (30) inches into the public right-of-way at the corner of 1 West
Campbell Avenue and Jefferson Street, S.W., as more fully described in the City
Manager's letter to City Council dated February 18, 2003.
2. Said license, granted pursuant to §15.2-2010, Code of Virginia
(1950), as amended, shall be revocable at the pleasure of the Council of the City of
Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010.
3. It shall be agreed by the Licensee that, in maintaining such
encroachment, the Licensee and his grantees, assignees, or successors in interest
shall agree to indemnifl,/and save harmless the City of Roanoke, its officials, officers
and employees from all claims for injuries or damages to persons or property that
may arise by reason of the above-described encroachment in the public right-of-way.
4. Licensee, his grantors, assigns or successor in interest shall for
the duration of this license maintain on file with the City Clerk's Office evidence of
insurance coverage in amounts not less than $1,000,000.00. This insurance
requirement may be met by either homeowner's insurance or commercial general
liability insurance. Certificate of insurance must list the City of Roanoke, its officers,
employees, agents and volunteers as additional insureds, and an endorsement by
the insurance company naming the City as an additional insured must be received
within thirty (30) days. Certificate shall state that insurance may not be canceled or
materially altered without 30 days written advance notice of such cancellation or
alteration being provided to the Risk Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance
to Mr. Hong Ki Min, 2727 Electric Road, S.W., Roanoke, Virginia 24018.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by Mr. Hong Ki Min, has been admitted
to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the
City of Roanoke and shall remain in effect only so long as a valid, current certificate
evidencing the insurance required in Paragraph 4 above is on file in the Office of the
City Clerk.
139
7. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36247-021803.
AN ORDINANCE authorizing the City Manager to enter into a lease and
management agreement with Advantis Real Estate Services Company, for the lease
and management of the City Market Building, upon certain terms and conditions;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, a lease and management
agreement with Advantis Real Estate Services Company, for the lease and
management of the City Market Building, commencing March 1,2003 and terminating
February29, 2004; such lease and management agreement shall be for an initial term
of one year, with an option to renew upon the mutual agreement of both parties for
an additional one (1) year term, with a lease rate of $1.00 per year and an annual
management fee of $24,000.00 for the first year, and $25,200.00 for the second year,
and shall be upon the terms and conditions as more particularly set forth in the City
Manager's letter dated February 18, 2003 and the attached lease and management
agreement, to this Council.
140
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of February, 2003.
No. 36248~22703.
A RESOLUTION endorsing the creation of a regional water and
wastewater authority, and authorizing the City Manager, Director of Finance and City
Attorney to proceed with developing an agreement and plan to create such an
authority.
WHEREAS, the recent drought and the need to expand and upgrade the
wastewater treatment facility currently serving the Roanoke Valley have focused the
need for a regional approach to the provision of water and wastewater services;
WHEREAS, after extensive discussions, representatives of the City of
Roanoke and Roanoke County have concluded that a "full service" water and
wastewater authority would be the best vehicle for ensuring the citizens of their
localities the most reliable means of providing water and wastewater treatment at
the lowest cost and best rate for customers, as well as providing the best service;
WHEREAS, the Virginia Water and Sewer Authorities Act, §§15.2-1500,
et seq., Code of Virginia (the "Act"), provides full authority for the City and the
County to create an independent authority that would be responsible for the supply,
treatment, distribution and transmission of water and the collection and treatment
of wastewater;
141
WHEREAS, the City and the County desire to proceed to create such an
authority, guided by the following principles:
1. That the assets and liabilities of the City and of the
County water and wastewater utilities would be merged
into one full service authority created pursuant to the Act,
to be responsible for the supply, treatment, distribution
and transmission of water and the collection and
treatment of wastewater.
2. In establishing and operating such an authority:
a. Both localities would have equal
representation on the authority's governing
body.
b. The assets and liabilities of the City
and County utility systems would be pooled.
c. Over a mutually agreeable period of
time, the water and wastewater treatment
rates of the City and the County will be
equalized.
3. The City and County will endeavor to reach
agreement within the next sixty (60) days on an agreement
and plan to accomplish the above, which agreement shall
provide for creating an authority within the next twelve
(12) months and include a schedule for implementing the
various steps to be undertaken to create a combined
water and wastewater system.
WHEREAS, the Council of the City of Roanoke and the Roanoke County
Board of Supervisors desire to memorialize the above bythe adoption of concurrent
resolutions, and to authorize their respective staffs to proceed with developing a
plan to create such an authority.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
142
1. City Council hereby endorses the principles stated
above regarding the creation of a regional water and
wastewater authority.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
2. City Council hereby authorizes the City Manager,
Director of Finance and City Attorney to proceed to
negotiate with the County, within the next sixty (60) days,
if possible, the terms and conditions of an appropriate
agreement and plan to create such an authority within the
next twelve (12) months; such agreement to be subject to
the approval of the respective governing bodies.
APPROVED ~y
Ralph K. Smith
Mayor
143
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36249-030303.
A RESOLUTION recognizing the architectural and historic significance
of the Fairacres property.
WHEREAS, the Roanoke Valley Preservation Foundation was founded
in 1985 as a valley-wide non-profit preservation organization for the purpose of
promoting the preservation of the historic, natural, and cultural resources of the
Roanoke Valley;
WHEREAS, the goals of the Foundation are to promote an awareness
of and appreciation for our significant resources, encourage their protection, provide
technical assistance to achieve their protection, and develop broad-based
community support for their preservation;
WHEREAS, the property known as Fairacres at 2713 Avenham Avenue,
S.W., in the City of Roanoke was constructed in 1912 by William C. Stephenson, Sr.,
a founding citizen of the City and prominent business leader who promoted the
development of Roanoke in the early 20th century;
WHEREAS, the Virginia Department of Historic Resources determined
Fairacres to be eligible for listing on the Virginia Landmarks Register and the
National Register of Historic Places in recognition of its significance in architecture,
landscaping, and history as it relates to the Stephenson family and their role in the
early development of Roanoke;
WHEREAS, the Foundation has recognized Fairacres as a significant
resource in the Roanoke Valley, but threatened with demolition, by its inclusion in
its 2002 Endangered Sites List; and
WHEREAS, Council desires to join the Foundation in recognizing the
architectural and historic significance of the Fairacres property.
144 -
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Council hereby joins the Roanoke Valley Preservation Foundation in recognizing
the architectural and historic significance of the Fairacres property.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36250-030303.
A RESOLUTION confirming the declaration of a local snow emergency;
conferring emergency powers in the City Manager as Director of Emergency
Management; authorizing the City Manager to make application for Federal and State
public assistance to deal with such emergency; designating a fiscal agent and an
agent for submission of financial information for the City; and calling upon the
Federal and State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has
sustained a disaster because of a snow event which began at 7:00 p.m., February 15,
2003, and ended at 7:00 p.m., February 17, 2003, and which resulted in significant
costs to the City in dealing with the effects of this disaster;
WHEREAS, pursuant to the provisions of §44-146.21, Code of Virginia,
on February 25, the City Manager declared a local emergency commencing at 7:00
p.m. on February 15, 2003, and ending at 7:00 p.m., February 17, 2003, which Council
must confirm at its next regularly scheduled meeting, or at a special meeting within
fourteen days of such declaration; and
145
WHEREAS, a condition of extreme peril to life and property existed
which necessitated the declaration of the existence of an emergency.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council confirms that an emergency existed throughout the City
commencing at 7:00 p.m., February 15, 2003, and ending at 7:00 p.m., February 17,
2003.
2. The Council hereby ratifies and confirms that, during the period
of the emergency confirmed by this resolution, the City Manager, as Director of
Emergency Management, possessed and held those powers, functions and duties
prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter
of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency
Operations Plan approved by this Council, in order to further the public health,
safety and welfare, address the needs of the people of the City of Roanoke, and
mitigate the effects of such emergency.
3. The City Manager is hereby authorized for and on behalf of the
City to execute applications for Federal and State public assistance as is necessary
and property to meet this emergency and to provide to Federal and State agencies
for all matters relating to Federal and State disaster assistance the assurances and
agreements required by the Federal Emergency Management Agency and other
agencies of the State and Federal government.
4. Jesse A. Hall, the City's Director of Finance, is hereby designated
as the City's fiscal agent to receive, deposit and account for Federal and State funds
made available to the City to meet the emergency declared by this resolution, and
is hereby designated as the City agent for executing and submitting appropriate
documentation and information regarding Federal and State reimbursement for this
emergency.
5. The Council calls upon the Federal and State governments to take
steps to afford to the City of Roanoke and to the persons and business concerns
and other organizations and agencies suffering injury and damage from this disaster
such public aid and assistance as is necessary and proper to meet this emergency.
146 -
6. The City Clerk is directed to forward an attested copy of this
resolution to the State Coordinator of Emergency Management.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36251-030303.
A RESOLUTION confirming the declaration of a local flooding
emergency; conferring emergency powers in the City Manager as Director of
Emergency Management; authorizing the City Manager to make application for
Federal and State public assistance to deal with such emergency; designating a
fiscal agent and an agent for submission of financial information for the City; and
calling upon the Federal and State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has
sustained a disaster because of flooding which began February 22, 2003, and which
resulted in the loss of life, substantial property damage and significant costs to the
City in dealing with the effects of this disaster;
WHEREAS, pursuant to the provisions of §44-146.21, Code of Virginia,
on February 25, the City Manager declared a local emergency commencin9 on
February 22, 2003, which Council must confirm at its next regularly scheduled
meeting, or at a special meeting within fourteen days of such declaration; and
147
WHEREAS, a condition of extreme peril to life and property existed
which necessitated the declaration of the existence of an emergency.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council confirms that an emergency existed throughout the City
commencing February 22, 2003.
2. The Council hereby ratifies and confirms that, during the period
of the emergency confirmed by this resolution, the City Manager, as Director of
Emergency Management, possessed and held those powers, functions and duties
prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter
of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency
Operations Plan approved by this Council, in order to further the public health,
safety and welfare, address the needs of the people of the City of Roanoke, and
mitigate the effects of such emergency.
3. The City Manager is hereby authorized for and on behalf of the
City to execute applications for Federal and State public assistance as is necessary
and property to meet this emergency and to provide to Federal and State agencies
for all matters relating to Federal and State disaster assistance the assurances and
agreements required by the Federal Emergency Management Agency and other
agencies of the State and Federal government.
4. Jesse A. Hall, the City's Director of Finance, is hereby designated
as the City's fiscal agent to receive, deposit and account for Federal and State funds
made available to the City to meet the emergency declared by this resolution, and
is hereby designated as the City agent for executing and submitting appropriate
documentation and information regarding Federal and State reimbursement for this
emergency.
5. The Council calls upon the Federal and State governments to take
steps to afford to the City of Roanoke and to the persons and business concerns
and other organizations and agencies suffering injury and damage from this disaster
such public aid and assistance as is necessary and proper to meet this emergency.
148 -
6. The City Clerk is directed to forward an attested copy of this
resolution to the State Coordinator of Emergency Management.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36252-030303.
AN ORDINANCE granting a revocable license to permit the
encroachment of an awning at a minimum height above the sidewalk of nine (9)
feet, extending approximately forty (40) inches in the public right-of-way of Kirk
Avenue and extending approximately forty.eight (48) inches in the public right-of-
way of Market Street, S.E.,from property bearing Official Tax No. 4010902, upon
certain terms and conditions; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Permission is hereby granted the property owner,Shellco, L.L.C.
("Licensee") of the property bearing Official Tax No. 4010902, otherwise known as
216 Market St., S.E., within the City of Roanoke, to permit the encroachment of an
awning extending approximately forty (40) inches in the public right-of-way of Kirk
Avenue and extending approximately forty-eight (48) inches in the public right-of-
way of Market Street, S.E., as more fully described in a letter to City Council dated
March 3, 2003.
149
2. Such license, granted pursuant to §15.2-2010, Code of Virginia
(1950), as amended, shall be revocable at the pleasure of the Council of the City of
Roanoke and subject to all the limitations contained in §15.2-2010.
3. It shall be agreed by the Licensee that, in maintaining such
encroachment, the Licensee and its grantees, assignees, or successors in interest
shall agree to indemnify and save harmless the City of Roanoke, its officials, officers
and employees from all claims for injuries or damages to persons or property that
may arise by reason of the above-described encroachment in the public right-of-way.
4. The tenant of licensee, its grantors, assigns or successor in
interest shall for the duration of this license maintain on file with the City Clerk's
Office evidence of insurance coverage in the amounts not less than $1,000,000.00.
This insurance requirement may be met by either homeowner's insurance or
commercial general liability insurance. The certificate of insurance must list the City
of Roanoke, its officers, employees, agents and volunteers as additional insureds,
and an endorsement by the insurance company naming the City as an additional
insured must be received within thirty (30) days. The certificate shall state that such
insurance may not be canceled or materially altered without thirty (30) days written
advance notice of such cancellation or alteration being provided to the Risk
Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance
to Shellco, L.L.C., 216 Market Street, S.E., Roanoke, Virginia 24011.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted
to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the
City of Roanoke and shall remain in effect only so long as a valid, current certificate
evidencing the insurance required in Paragraph 4 above is on file in the Office of the
City Clerk.
7. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
150 -
ACCEPTED and EXECUTED by the undersigned this day of
Shellco, L.L.C.
By:
Its
COMMONWEALTH OF VIRGINIA ~
To-Wit:
The foregoing instrument was acknowledged before me in my jurisdiction
aforesaid this __ day of , , by , the
of Shellco, L.L.C.
My Commission expires:
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
151
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36253-030303.
A RESOLUTION authorizing the City Manager to review and approve a
Printer Cartridge Recycling Program that has been developed by the City of
Roanoke's Departmental Environmental Representatives Team; authorizing the City
Manager to provide for the assignment or designation of funds due to the City from
the recycling entity that receives the printer cartridges be sent to the Clean Valley
Council, Inc., as a contribution from the City, subject to certain conditions; and
authorizing the City Manager to take such further action and to execute and provide
such documents as may be necessary to implement this program.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to review and approve the
Printer Cartridge Recycling Program developed by the City of Roanoke's
Departmental Environmental Representatives Team, as further explained in the City
Manager's letter to Council dated March 3, 2003, and to make any changes and/or
modifications to such program as the City Manager deems appropriate.
2. The City Manager is authorized to provide for the assignment
~nd/or designation of any checks or amounts due the City from the recycling entity
that receives the printer cartridges so that such amount may be sent directly to the
Clean Valley Council, Inc., as a contribution, subject to the periodic review of the
program by the City Manager to determine if the funds being generated by this
program reach an amount higher than currently expected, which is $500 annually.
If the expected amount is exceeded, the City Manager may consider
recommendations from the City of Roanoke's Departmental Environmental
Representatives Team regarding other organizations that may be provided a portion
of the amounts generated by the program, or determine if the funds generated
should be retained by the City.
152
3. The City Manager is also authorized to take such further action
and to execute and provide such documents as may be necessary to implement
and/or modify the provisions of the Printer Cartridge Recycling Program referred to
in the City Manager's letter to Council dated March 3, 2003, including any necessary
actions or documents relating to the program or the designation and distribution
of funds generated by such program.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of March 2003.
No. 36254-030303.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 GrantFund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDro=riations
Public Safety
VDEM (1-4) ............................................
Revenues
Public Safety
VDEM (5-8) .............................................
$2,860,616.00
71,453.00
2,860,616.00
71,453.00
153
01) VDEM 1999
02) VDEM 2000
03) VDEM 2001
04) VDEM 2002
05) State Grant
Receipts 1999
06) State Grant
Receipts 2000
07) State Grant
Receipts 2001
08) State Grant
Receipts 2002
(035-640-3500-3500)
(035-640-3500-3501)
(035-640-3500-3502)
(035-640-3500-3503)
(035-640-3500-3500)
(035-640-3500-3501)
(035-640 -3500-3502)
(035-640 -3500-3503)
3,778.00
11,001.00
11,269.00
45,405.00
3,778.00
11,001.00
11,269.00
45,405.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of March 2003.
No. 36255-030303.
A RESOLUTION authorizing the acceptance of the Commonwealth of
Virginia Department of Emergency Management Grant by the U.S. Department of
Justice Equipment Grant Program and authorizing the execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
154 -
1. The City of Roanoke does hereby accept the offer made to the
City by the Commonwealth of Virginia Department of Emergency Management i~l the
amount of $71,453.10, such grant being more particularly described in the letter of
the City Manager, dated March 3, 2003, upon all the terms, provisions, and
conditions relating to the receipt of such funds.
2. The City Manager and the City Clerk, are hereby authorized to
execute, seal and attest, respectively, the grant agreement and all necessary
documents required to accept this grant, including any documents providing for
indemnification from the City that may be required for the City's acceptance of this
grant, all such documents to be approved by the City Attorney.
3. The City Manager is further directed to furnish such additional
information as may be required by the Commonwealth of Virginia Department of
Emergency Management in connection with the City's acceptance of this grant.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of March 2003.
No. 36256~30303.
A RESOLUTION designating the City of Roanoke's agent for the
purpose of the ~ National Domestic Preparedness Office Grant Program(s)
administered by the COmmonwealth of Virginia.
BE IT RESOLVED BY the Council of the City of Roanoke, Virginia as
follows:
155
1. That Darlene L. Burcham, the City Manager, is hereby authorized to
execute for and in behalf of the City of the City of Roanoke, a public entity
established under the laws of the Commonwealth of Virginia, this application and
to file it in the appropriate State Office for the purpose of obtaining certain Federal
financial assistance under the OJP, National Domestic Preparedness Office Grant
Program(s); and
2. That, the City of Roanoke, a public entity established under the law
of the Commonwealth of Virginia, hereby authorizes its agent to provide to the
Commonwealth and to the Office of Justice Programs (OJP) for all matters
pertaining to such Federal financial assistance any and all information pertaining to
these Grants as may be requested.
Passes and approved this day of
2003.
ATTEST:
City Clerk.
I, Mary F. Parker, duly appointed and City Clerk of the City of Roanoke, do hereby
certify that the above is a true and correct copy of a Resolution passed and
approved by the Council for the City of Roanoke, Virginia, on the day of
,2003.
Date:
Mary F. Parker, City Clerk
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
156 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36257-030303.
A RESOLUTION extending certain pay benefits to full-time City
employees who incur injuries arising out of and in the course of their employment;
and repealing Resolution No. 4748, adopted February 28, 1936, and Resolution No.
34671-020700, adopted February 7, 2000.
WHEREAS, Resolution No. 4748, adopted February 28, 1936, granted
pay benefits to only certain City employees who were absent from employment on
account of personal injuries received in the line of duty for up to sixty (60) days;
WHEREAS, Resolution No. 34671-020700, adopted February 7, 2000,
repealed Resolution No. 4748, adopted February 28, 1936, and granted pay benefits
to all full-time City employees who are absent from employment on account of
personal injuries received in the line of duty for up to six (6) months;
WHEREAS, City Council wishes to correct certain inequities which may
arise, and which have arisen, under Resolution No. 34671-020700, adopted
February 7, 2000, and to make such corrections effective February 7, 2000; and
WHEREAS, City Council wishes to repeal Resolution Nos. 4748, adopted
February 28, 1936, and 34671-020700, adopted February 7, 2000.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City Manager is authorized to approve supplemental pay for
any full-time City employee who receives a bodily injury arising out of and in the
course of his or her employment with the City of Roanoke, and who as a result of
such injury receives temporary disability benefits pursuant to the Workers'
Compensation Act. In general, the City Manager may authorize supplemental pay
under such circumstances during only the first twenty-six (26) weeks after the date
of injury, and such supplemental pay may continue until either the end of the twenty-
six (26)~we~k P~Hod, or until such employee is able to return to duty, whichever
occurs first. If an employee, after having received supplemental pay during the
aforesaid twenty-six (26) week period, and after returning to full or modified duty
157
with the City of Roanoke, becomes once again unable to perform full or modified
duty with the City of Roanoke during the twenty-six (26) week period as a result of
such injury, the City Manager may authorize supplemental pay while the employee
is absent from work until the end of the twenty-six (26) week period, or until the
employee is able to return to duty, whichever occurs first. However, the above
notwithstanding, if at any time an employee is unable to return to full or modified
duty with the City of Roanoke due to surgery necessitated by the injury, the City
Manager may authorize supplemental pay upon the employee's absence from work
and such supplemental pay may continue until the employee is otherwise no longer
eligible to receive supplemental pay pursuant to this measure.
2. The amount of supplemental pay authorized bythis measure shall
be an amount equal to the difference between the employee's regular base pay with
the City of Roanoke and any temporary disability benefits paid to the employee
pursuant to the Workers' Compensation Act.
3. In no case shall any employee receive supplemental pay
authorized by this measure for a total period of time greater than twenty-six (26)
weeks for any single injury.
4. Upon the expiration of eligibility for supplemental pay authorized
by this measure, or upon the termination of an employee's employment with the City
of Roanoke, workers' compensation benefits shall be paid as required by the
Workers' Compensation Act.
5. The provisions of this measure shall apply to any employee who
sustained a bodily injury arising out of and in the course of his or her employment
with the City of Roanoke on or after February 7, 2000.
6. Resolution No. 4748, adopted February 28, 1936, and Resolution
No. 34671-020700, adopted February 7, 2000, are hereby repealed.
APPROVED ~J
Mary F. Parker Ralph K. Smith
City Clerk Mayor
158 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of March 2003.
No. 36258-030303.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Capital Projects Funds Appropriations and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
P~blic Works $24,794,179.00
Transportation - Street Paving (1) ....................... 2,388,715.00
Nondepartmental 75,683,183.00
Transfers to Other Funds (2) ........................... 72,837,9_R5.00
Revenues
Grants-in-Aid Commonwealth 46,009,506.00
Other Categorical Aid (3) ............................... 16,394,630.00
Capital Proiects Fund
Appropriations
Traffic Engineering 5,610,630.00
Event Traffic Management (4) ............................ 370,579.00
Revenues
Nonoperating $2,890,338.00
Transfer from General Fund (5) .......................... 2,848,398.00
159
01) Fees for Professional
Services
02) Transfer to Capital
Projects Fund
03) Street Maintenance
04) Appropriated from
..General Revenue
05) Transfer from
General Fund
(001-530-4120-2010)
(001-250-9310-9508)
(001-110-1234-0650)
(008-530-9814-9003)
(008-110-1234-1037)
$(48,468.00)
370,579.00
322,111.00
370,579.00
370,579.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36259-030303.
A RESOLUTION authorizing the City Manager to file a petition, seeking
an amendment of §36.1-228, Special exception uses, of the Code of the City of
Roanoke (1979), as amended, to provide for the establishment of veterinary clinics
as a special exception use in the C-3, Central Business District, of the City of
Roanoke.
160 -
WHEREAS, §15.2-2286(7), of the Code of Virginia (1950), as amended,
provides, interalia, that whenever the public necessity, convenience, general welfare
and good zoning practices require, the governing body of a locality may, by
resolution, initiate an amendment to the zoning regulations of the locality; and
WHEREAS, the City Council for the City of Roanoke hereby finds that
the public necessity, convenience, general welfare and good zoning practices
require consideration of an amendment to the zoning regulations of the City of
Roanoke, permitting veterinary clinics as a special exception use in the C-3, Central
Business District, of the City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager is hereby authorized to file a petition, seeking an amendment
of §36.1-228, Special exception uses, of the Code of the City of Roanoke (1979), as
amended, to provide for the establishment of veterinary clinics as a special
exception use in the C-3, Central Business District, of the City of Roanoke.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of March 2003.
No. 36260-030303.
A RESOLUTION appointing Allen D. Williams as a Director on the Board
of Directors of the Industrial Development Authority of the City of Roanoke, to fill the
unexpired term of Stark H. Jones, ending October 20, 2006.
161
WHEREAS, the Council is advised that Stark H. Jones, a Director of the
Industrial Development Authority of the City of Roanoke, Virginia, will be unable to
complete his term of office, which expires October 20, 2006;
WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides
that appointments made by the governing body of such Directors shall, after initial
appointment, be made for terms of four (4) years, except appointments to fill
vacancies which shall be for the unexpired terms; and
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Allen D. Williams is hereby appointed as a Director on the Board of Directors of
the Industrial Development Authority of the City of Roanoke, Virginia, to fill the
unexpired term of Stark H. Jones, which term expires October 20, 2006.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
162
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of March, 2003.
No. 36261-031703.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Water Pollution Control Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Water Pollution Control Fund Appropriations be, and the
same are hereby, amended and reordained to read as follows, in part:
ADDro;)riations
Capital Outlay $ 29,729,305.00
WPCP - Engineering Project Management (1-9) ............. 2,011,231.00
Revenues
Nonoperating 3,479,027.00
Wet Weather Improvements (10) .......................... 3,308,827.00
Retained Earninos
Retained Earnings - Available for Appropriation (11) ........... 2,046,296.00
1) Regular Employee
Salaries
2) City Retirement
3) ICMA Match
4) FICA
5) Medical Insurance
(003-510-8363-1002)
(003-510-8363-1105)
(003-510-8363-1116)
(003-510-8363-1120)
(003-510-8363-1125)
7,472.00
584.00
217.00
588.00
1,008.00
6) Dental Insurance
7) Disability Insurance
8) Appropriated from
Other Governments
9) Appropriated from
General Revenue
10) Wet Weather
Improvements
11) Retained Earnings -
Available for
Appropriation
(003-510-8363-1126)
(003-510-8363-1131 )
(003-510-8363-8999)
(003-510-8363-9003)
(003-110-1234-1501 )
70.00
21.00
1,086,490.00
914,781.00
1,091,898.00
163
(003-3348)
(919,333.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36262-031703.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds of its tax-exempt obligations for certain moneys to be appropriated by the
City for the City's share of expenditures under a Contract for Engineering and
164
Consulting Services with Construction Dynamics Group, Inc. in connection with wet
weather improvements to the Regional Water Pollution Control Plant; and providing
for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U.S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse itself
from the proceeds of its tax-exempt obligations in a principal amount currently
estimated not to exceed $914,781.00 for certain moneys to be appropriated by the
City from time to time for the City's share of expenditures under a Contract for
Engineering and Consulting Services with Construction Dynamics Group, Inc. in
connection with the Regional Water Pollution Control Plant.
2. The Council hereby determines that the appropriation authorized
contemporaneously herewith is being made for a purpose for which the City is
authorized to contract with respect to, and contemplated to be reimbursed from the
proceeds of, tax-exempt obligations of the City. The maximum principal amount of
tax-exempt obligations expected to be contracted for by the City in connection with
the financing of the City's share of expenditures under a Contract for Engineering
and Consulting Services with Construction Dynamics Group, Inc. in connection with
wet weather improvements to the Regional Water Pollution Control Plant is an
amount currently estimated not to exceed $914,781.00.
3. This is a declaration of official intent adopted pursuant to U.S.
Treasury Regulations, Section 1.150-2. This declaration of official intent is being
made not later than sixty days after the payment of the expenditures authorized by
Paragraph 1 of this Resolution.
4. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, §2.2-3700 et seq., Code of Virginia, 1950.
165
adoption.
This Resolution shall be effective on and after the date of its
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of March, 2003.
No. 36263-031703.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School and School Capital Projects Funds Appropriations, and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School and School Capital Projects Funds Appropriations
be, and the same are hereby, amended and reordained to read as follows, in part:
School Fund
Appropriations
Education
Child Specialty Services 2002-03 (1-8) ...................
Juvenile Detention Home 2002-03 (9-18) .................
Expanded GED Testing Service 2002-03 (19-20) ...........
Other Uses of Funds (21-22) ...........................
$ 136,642,684.00
72,264.00
477,260.00
4,000.00
7,071,719.00
166 -
Revenues
Education
Child Specialty Services 2002-03 (23) ................
Juvenile Detention Home 2002-03 (24) ...............
Expanded GED Testing Service 2002-03 (25) ..........
School Capital Proiects Fund
Aoorooriations
Education
Patrick Henry High School Project (26) ...............
Revenues
Miscellaneous
Transfer from School Fund (27) .....................
1) Educational
Coordinator
2) Social Security
3) State Retirement
4) Health Insurance
5) State Group Life
Insurance
6) Travel
7) Supplies
8) Other Materials
9) Substitutes
(008-062-6581-6554-0138)
(008-062-6581-6554-0201)
(030-062-6581-6554-0202)
(030-062-6581-6554-0204)
(030-062-6581-6554-0205)
(030-062-6581-6554-0551 )
(030-062-6581-6554-0614)
(030-062-6581-6554-0615)
(030-062-6583-6554-0021)
$ 134,656,550.00
72,264.00
477,260.00
4,000.00
21,417,418.00
250,000.00
1,950,000.00
250,000.00
666.00
51.00
63.00
121.00
(404.00)
1 ,132.00
500.00
380.00
3,500.00
10) Educational
Coordinators
11) Social Security
12) State Retirement
13) Health Insurance
14) State Health Insurance
15) Indirect Costs
16) Staff Travel
17) Instructional Materials
18) Other Costs
19) GED Examiners
20) FICA
21) Interest
22) Transfer to School
Capital Projects Fund
23) State Grant Receipts
24) State Grant Receipts
25) State Grant Receipts
26) Appropriated from
General Revenue
(030-062-6583-6554-0138)
(030-062-6583-6554-0201)
(030-062-6583-6554-0202)
(030-062-6583-6554-0204)
(030-062-6583-6554-0205)
(030-062-6583-6554-0212)
(030-062-6583-6554-0551 )
(030-062-6583-6554-0614)
(030-062-6583-6554-0615)
(030-062-6760-6334-0129)
(030-062-6760-6334-0201)
(030 -065-6007-6998 -0902)
(030-065-6007-6999-9531)
(030-062-6581-1100)
(030-062-6583-1100)
(030-062-6760-1100)
(031-065-6066-6896-9003)
181,907.00
17,260.00
17,172.00
15,172.00
(1,306.00)
6,764.00
3,5O0.OO
9,700.00
1,200.00
3,694.00
306.00
(250,000.00)
250,000.00
2,509.00
254,869.00
4,000.00
250,000.00
167
168
27) Transfer from
School Fund
(031-060-6066-1297)
250,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36264-031703.
A RESOLUTION amending Paragraph 2 of Resolution No. 35958-070102,
which established a meeting schedule for City Council for the Fiscal Year
commencing July 1,2002, and terminating June 30, 2003, by eliminating subsection
(c) of Paragraph 2 which provided for meetings of City Council to be held on each
fifth Monday for the purpose of receiving briefings and reports of Council members
serving in liaison capacities on various committees and for planning purposes.
WHEREAS, Resolution No. 35958-070102, adopted on July 1, 2002,
established a meeting schedule for City Council for the Fiscal Year commencing
July 1, 2002, and ending June 30, 2003; and
WHEREAS, it is the desire of City Council to eliminate the provision in
Resolution No. 35958-070102, providing for the holding of meetings on every fifth
Monday.
169
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Paragraph 2 of Resolution No. 35958-070102, adopted on July 1,
2002, is hereby amended to read and provide as follows:
2. For such fiscal year, City Council shall hold regular meetings on
the first and third Mondays of each month, at the following times of commencement:
(a) Unless otherwise provided by resolution of Council,
each regular meeting on the first Monday in each month
shall commence at 9:00 a.m. for the conduct of informal
meetings, work sessions or closed meetings. Thereafter
Council shall take up the regular agenda at 2:00 p.m.
Council may recess between the 9:00 a.m. session and the
2:00 p.m. session.
(b) Unless otherwise provided by resolution of Council,
each regular meeting on the third Monday in each month
and on October 15 shall commence at 2:00 p.m for the
conduct of regular business. The second meeting of each
month shall be recessed upon the completion of all
business except the conduct of public hearings, and such
meeting shall be reconvened at 7:00 p.m. on the same day
for the conduct of public hearings.
2. All other provisions relating to establishing a meeting schedule
for City Council for the Fiscal Year commencing July 1, 2002, and ending June 30,
2003, contained in Resolution No. 35958-070102, shall remain unchanged and in full
force and effect.
APPROVED ~~
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
170 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36265-031703.
AN ORDINANCE approving the Gainsboro Neighborhood Plan, and
amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the
Gainsboro Neighborhood Plan; and dispensing with the second reading of this
ordinance by title.
WHEREAS, the Gainsboro Neighborhood Plan (the "Plan") was
presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on
February 20, 2003, and recommended adoption of the Plan and amending Vision
2001 - 2020., the City's Comprehensive Plan (the "Comprehensive Plan"), to include
such Plan; and
WHEREAS, in accordance with the provisions of §15.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Monday, March 17, 2003, on the proposed Plan, at which hearing all citizens so
desiring were given an opportunity to be heard and to present their views on such
amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That this Council hereby approves the Gainsboro Neighborhood
Plan and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the
Gainsboro Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested
copies of this ordinance to the City Planning Commission.
171
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36266-031703.
AN ORDINANCE granting a revocable license to allow the encroachment
of parking spaces extending eight (8) feet into the public right-of-way at grade level,
to implement a new parking configuration to accommodate the addition of two
handicapped parking spaces, upon property located at 3308 Franklin Road, S. W,
bearing Official Tax No. 1300116, upon certain terms and conditions; and dispensing
with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on March 17, 2003, pursuant to
§§15.2-1800(B), 15.2-1813, and 15.2-2010, Code of Virginia (1950), as amended, at
which hearing all parties in interest and citizens were afforded an opportunity to be
heard on said encroachment.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Permission is hereby granted the current owners, Kenneth D.
Cumins and Linda R. Cumins, ("Licensee") and their grantees, assignees, or
successors in interest, of the property bearing Official Tax No. 1300116, otherwise
known as 3308 Franklin Road, S. W., within the City of Roanoke, to construct parking
172
spaces encroaching approximately eight (8) feet into the public right-of-way at grade
level, to implement a new parking configuration to accommodate the addition of two
handicapped parking spaces, as more fully described in the letter of the City
Manager to City Council dated March 17, 2003.
2. Said license, granted pursuant to §15.2-2010, Code of Virginia
(1950), as amended, shall be revocable at the pleasure of the Council of the City of
Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010.
3. It shall be agreed by the Licensee that, in maintaining such
encroachment, the Licensee and its grantees, assignees, or successors in interest
shall agree to indemnify and save harmless the City of Roanoke, its officials, officers
and employees from all claims for injuries or damages to persons or property that
may arise by reason of the above-described encroachment in the public right-of-way.
4. Licensee, its grantors, assigns or successor in interest shall for
the duration of this license maintain on file with the City Clerk's Office evidence of
insurance coverage in amounts not less than $1,000,000.00. This insurance
requirement may be met by either homeowner's insurance or commercial general
liability insurance. Such certificate of insurance must list the City of Roanoke, its
officers, employees, agents and volunteers as additional insureds. Certificate shall
state that insurance may not be canceled or materially altered without 30 days
written advance notice of such cancellation or alteration being provided to the
Director of Utilities and Operations of the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance
to Kenneth D. Cumins and Linda R. Cumins, 5145 Partridge Circle, S. W., Roanoke,
Virginia 24014.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by Kenneth D. Cumins and Linda R.
Cumins, has been admitted to record, at the cost of the Licensee, in the Office of the
173
Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so
long as a valid, current certificate evidencing the insurance required in Paragraph 4
above is on file in the office of the City Clerk.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36267-031703.
AN ORDINANCE granting a revocable license to permit the
encroachment of an overhead directional sign, extending approximately fifty-eight
feet into the public right-of-way of Aviation Drive, N. W., upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on March 17, 2003, pursuant to
§§15.2-1800(B), 15.2-1813, and 15.2-2010, Code of Virginia (1950), as amended, at
which hearing all parties in interest and citizens were afforded an opportunity to be
heard on said encroachment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Permission is hereby granted the Roanoke Regional Airport
Commission ("Licensee") for the encroachment of an overhead directional sign,
extending approximately fifty-eight (58) feet into the public right-of.way of Aviation
Drive, N.W., as more fully described in a letter of the City Manager to City Council
dated March 17, 2003.
174
2. Such license, granted pursuant to §15.2-2010, Code of Virginia
(1950), as amended, shall be revocable at the pleasure of the Council of the City of
Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010.
3. Such license is conditioned upon the agreement of the Licensee
and its grantees, assignees, or successors in interest to indemnify and save
harmless the City of Roanoke, its officials, officers and employees from all claims
for injuries or damages to persons or property that may arise by reason of the
above-described encroachment in the public right-of-way by acceptance and
execution of this ordinance.
4. The tenant of licensee, its grantors, assigns or successor in
interest shall for the duration of this license maintain on file with the City Clerk's
Office evidence of insurance coverage in amounts not less than $1,000,000.00. This
insurance requirement may be met by either homeowner's insurance or commercial
general liability insurance. The certificate of insurance must list the City of Roanoke,
its officers, employees, agents and volunteers as additional insureds, and an
endorsement by the insurance company naming the City as an additional insured
must be received within thirty (30) days of passage of this ordinance. The certificate
shall state that such insurance may not be canceled or materially altered without
thirty (30) days written advance notice of such cancellation or alteration being
provided to the Risk Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance
to the Roanoke Regional Airport Commission, Roanoke, Virginia.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by the Roanoke Regional Airport
Commission, has been admitted to record, at the cost of the Licensee, in the Clerk's
Office of the Circuit Court for the City of Roanoke and shall remain in effect only so
long as a valid, current certificate evidencing the insurance required in Paragraph 4
above is on file in the Office of the City Clerk.
175
7. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST: ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36268-031703.
AN ORDINANCE authorizing the City Manager to execute agreements,
deeds and any related and necessary documents providing for the conveyance to
the United States of America of a portion of City-owned property identified by Official
Tax Map No. 6640123, consisting of 800 square feet, located on Municipal Road, for
the installation of Low Level Wind Shear Alert System Remote Sensors; upon certain
terms and conditions, and dispensing with the second reading by title of this
ordinance.
WHEREAS, the Federal Aviation Administration of the United States of
America requires 800 square feet of City-owned property identified as Official Tax
Map No. 6640123, located on Municipal Road, N. E., for the installation of Low Level
Wind Shear Alert System Remote Sensors; and
WHEREAS, a public hearing was held on March 17, 2003, pursuant to
§§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interest and citizens were afforded an opportunity to be heard on said
conveyance.
176 -
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, agreements, deeds and
any related and necessary documents providing for the conveyance of a portion of
City-owned property identified by Official Tax Map No. 6640123, consisting of 800
square feet, located on Municipal Road, upon the terms and conditions set forth in
the City Manager's letter to this Council dated March 17, 2003.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of March, 2003.
No. 36269-031703.
AN ORDINANCE authorizing the City Manager to execute an agreement,
deed and any related and necessary documents providing for the sale and
conveyance of City-owned property located on Colonial Avenue, S. W., lying in
Fishburn Park, containing approximately 5.0 acres, more or less, a 2t/2 acre portion
of which is encumbered by certain restrictions contained in a 1935 deed; approving
177
removal of such restrictions, and imposition of the same deed restrictions on a 6.8
acre tract of land also lying in Fishburn Park; approving expenditure of the
consideration received for the sale of this parcel for improvements to Fishburn Park,
upon certain terms and conditions, and dispensing with the second reading of this
ordinance by title.
WHEREAS, Blue Ridge Public Television has been leasing a 5.0 acre
portion of Fishburn Park for the purpose of operating an educational television
station since 1966, and is now desirous of purchasing this same tract of land from
the City; and
WHEREAS, a 21/2 acre portion of the 5-acre parcel is encumbered by
certain deed restrictions imposed by an April 20, 1935, deed from Blair J. Fishburn,
and it is desirable at this time to remove the same, with the concurrence of the Heirs
of Blair J. Fishburn, who have agreed to such removal in exchange for the
imposition of those restrictions on a 6.8 acre parcel of property lying within the
Fishburn Park.
WHEREAS, a public hearing was held on March 17, 2003, pursuant to
§§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interest and citizens were afforded an opportunity to be heard on the
proposed conveyance.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, an agreement, deed
and any related and necessary documents providing for the sale and conveyance of
City-owned property located on Colonial Avenue, S.W., lying in Fishburn Park,
containing approximately 5.0 acres, more or less, to Blue Ridge Public Television,
for the consideration of $100,000.00, upon the terms and conditions set forth in the
proposed agreement and in the City Attorney's letter to this Council dated March 17,
2003.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
178
3. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36270-040703.
A RESOLUTION approving the Roanoke Regional Airport Commission's
2003-2004 proposed operating and capital budget upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport Commission Act,
as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of
Assembly, and the Roanoke Regional Airport Commission Contract dated
January28, 1987, as amended by First Amendment, dated December 6, 1996, the City
of Roanoke hereby approves the Airport Commission's 2003-2004 proposed
operating and capital budget, as well as a separate listing of certain proposed
capital expenditures, as more particularly set forth in a report from the Commission
to this Council, dated March 12, 2003.
APPROVED ~j
ATTEST:~~ ,~' ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
179
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36271-040703.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Economic Development $25,216,251.00
Enterprise Zone 1 & 2(1) .................................. 49,922.00
Revenues
Miscellaneous (2) ......................................... $721,200.00
01) Appropriated from
General Revenue
02) First Union Job
Grant Repayment
(008-310-9630-9003)
(008-310-9699-1281 )
$31,200.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST: p&[~,~_
Mary F. Parker Ralph K. Smith
City Clerk Mayor
31,200.00
180
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36272~40703.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Public Works $ 25,040,553.00
Building Maintenance (1) .................................. 3,955,786.00
Nondepartmental 75,071,523.00
Contingency-General Fund (2) .............................. 1,077,119.00
01) CMERP-Equipment
Purchases
02) General Fund Reserve
(001-440-4330-9132)
(001-300-9410-2197)
124,500.00
(124,500.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
181
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36273-040703.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Capital Projects Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) ..............................
Contingency - General Fund (2) ............................
Capital Projects Fund
Appropriations
Streets and Bridges
First Street Pedestrian Bridge (3) ...........................
Revenues
Nonoperating
Transfer from General Fund (4) .............................
01) Transfer to Capital
Projects Fund
02) General Fund Reserve
03) Appropriated from
General Revenue
04) Transfer from
General Fund
(001~50~310~508)
(001-300~410-2197)
(008-052.9574.9003)
(008-110-1234-1037)
$ 75,566,602.00
74,199,059.00
(163,481.00)
27,480,007.00
2,252,357.00
4,255,438.00
4,213,498.00
1,365,100.00
(1,365,100.00)
1,365,100.00
1,365,100.00
182
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with. . , ~'
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36274~40703.
AN ORDINANCE providing for the acquisition of certain property needed
by the City for the development of a new fire station and fire administration
headquarters building; setting a limit on the consideration to be offered by the City;
and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the acquisition of certain property needed by the
City for development of a new fire station and fire administration headquarters
building, the City wants and needs certain property bearing Roanoke City Tax
No.1020310, at the corner of Elm Avenue and Franklin Road, as more fully described
in a letter of the City Manager to City Council dated April 7, 2003. The proper City
officials are authorized to acquire the property for such consideration as the City
Manager may deem appropriate, subject to the limitation set out below and subject
to applicable statutory guidelines. All requisite documents shall be upon form
approved by the City Attorney.
2. The City's purchase of the property bearing Official Tax No.
1020310 is subject to the City obtaining an acceptable title report.
3. A public necessity and use exists for the acquisition of the property
and immediate acquisition by purchase is necessary and expedient.
183
4. The City Manager is directed on behalf of the City to offer the
landowners such consideration for the property rights as deemed appropriate;
provided, however, the total consideration offered or expended and any and all
necessary closing costs, including, but not limited to appraisals, title reports,
preparation of necessary documents and recordation costs, shall not exceed
$150,000.00 without further authorization of Council. Upon the acceptance of an
offer and upon delivery to the City of deeds, approved as to form and execution by
the City Attorney, the Director of Finance is directed to pay the consideration to the
owners of the interests conveyed, certified by the City Attorney to be entitled to the
same.
5. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36275-040703.
AN RESOLUTION authorizing the City Manager to enter into a Business
Associate Agreement with Anthem Health Plans of Virginia, Palmer & Cay Consulting
Group, Ceridian Corporation, Delta Dental and to amend the health care plan, dental
plan and flexible spending account plans to include the HiPAA privacy requirements.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a Business Associate Agreement with Anthem
Health Plans of Virginia, Palmer & Cay Consulting Group, Ceridian Corporation,
Delta Dental and to amend the health care plan, dental plan and flexible spending
account plans to include the HIPAA privacy requirements all as more fully set forth
in the report of the City Manager dated April 7, 2003.
184
the City Attorney.
Such agreements and amendments to be approved as to form by
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36276-040703.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Water Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Water Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
AooroDriations
Capital Outlay
Crystal Springs Well Supplements (1) .......................
Consulting Services for Authority (2) .......................
$ 9,361,522.00
1,239,720.00
200,000.00
Revenues
Operating
Commercial Sales (3) ....................................
Industrial Sales (4) ....................................
Domestic Sales (5) ....................................
13,688,295.00
4,766,608.00
739,0~3.00
4,357,634.00
185
01) Appropriated from
General Revenue
02) Appropriated from
General Revenue
03) Commercial Sales
04) Industrial Sales
05) Domestic Sales
(002-530-8408.9003)
(002-530-8415-9003)
(002-110-1234-0901 )
(002-110-1234-0902)
(002-110-1234-0903)
100,000.00
200,000.00
113,742.00
14,645.00
171,613.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36277-040703.
AN ORDINANCE authorizing the City Manager's issuance of Change
Order No. 2 to the City's contract with Golder Associations Inc. for ground water
exploration investigation and work in connection with developing more additional
sources of water to increase the City's water supply; and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of
the City, in a form approved by the City Attorney, Change Order No. 2 to the City's
contract with Golder Associates Inc. for ground water exploration investigation and
work in order to provide the City with more additional sources of water, all as more
fully set forth in the City Manager's letter to Council dated April 7, 2003.
186
2. This Change Order will provide authorization for additions to the
work with an increase in the amount of $369,835.00 to the contract, all as set forth
in the above letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36278-040703.
AN ORDINANCE authorizing the execution of an option agreement for
the acquisition of certain property located at 1905 Riverdale Road, S.E., and
subsequent legal documents to purchase the property upon the exercise of such
option, upon certain terms and conditions, and dispensing with the second reading
of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. In connection with the City's Well Development Program, the City
Manager is hereby authorized to execute an option agreement with Mr. Robert A.
Gilmer for the purchase of certain property located at 1905 Riverdale Road, S.E., to
be developed and used as a well site, and subsequent additional legal documents
if such option is exercised, as more fully described in the City Manager's letter to
City Council dated April 7, 2003. All requisite documents required for the execution
of such option agreement and the subsequent purchase of the property shall be on
form approved by the City Attorney.
187
2. The City Manager is directed on behalf of the City to offer the
landowners such consideration for the property rights as deemed appropriate;
provided, however, the total consideration offered or expended shall not exceed
$20,000.00, which shall not include the additional costs of reports, preparation of
necessary documents and recordation costs, without further authorization of
Council. Upon the acceptance of an offer and upon delivery to the City of the option
agreement, and other subsequent legal documents if such option is exercised,
approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the consideration to the owners of the interests conveyed, certified
by the City Attorney to be entitled to the same.
3. Authorization for the purchase of this property is further
conditioned upon the City obtaining an acceptable title report for this property.
4. Pursuant to the provisions of Chapter 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36279-040703.
AN ORDINANCE amending and reordaining §32-37, Appointment and
term, and §32-37.1, General powers and assistants, of Chapter 32, Taxation, Code
of the City of Roanoke (1979), as amended, in order to change the method of
appointment of the Director of Real Estate Valuation, placing the Office of Real
Estate Valuation under the control of the Director of Finance; providing for an
effective date; and dispensing with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
188
1. Section 32-37, Appointment and term, and §32-37.1, General
powers and assistants, of Chapter 32, Taxation, Code of the City of Roanoke (1979),
as amended, is hereby amended and reordained to read and provide as follows:
§32-37. Appointment.
The director of real estate valuation shall be appointed by the director
of finance, and shall be included in the City's pay and classification
plan.
§32-37.1. General powers.
The director of real estate valuation shall be the administrative
head of the office of real estate valuation, and shall be
responsible to the director of finance for the effective
administration of such office. The director of real estate
valuation shall have responsibility for the general management
and control of the assessment of real estate for taxation.
This ordinance shall be in full force and effect on August 1,2003.
3. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
Roanoke.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36280-040703.
A RESOLUTION approving and adopting a Debt Policy for the City of
189
WHEREAS, the Government Finance Officers Association and other
organizations recommended that local governments develop and adopt debt
policies as part of their financial management systems and this Council did so on
September 7, 1999, by Resolution No. 34475-090799; and
WHEREAS, the Director of Finance has developed a proposed new Debt
Policy for the City and transmitted to the Council for its consideration by a report
dated April 7, 2003; and
WHEREAS, the Council believes that the proposed Debt Policy will
establish suitable parameters for the issuance of debt by the City and for the
management of the City's debt portfolio.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the Debt Policy which has been transmitted to Council by a letter of the
Director of Finance dated April 7, 2003, be and it is hereby approved and adopted
as the Debt Policy of the City of Roanoke.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
190 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2003.
No. 36281-042103.
A RESOLUTION approving the recommendation of the Roanoke Valley
Regional Cable Television Committee to approve the annual operating budget for
Fiscal Year 2003-2004 for the operation of the regional government and educational
access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to
provide partial funding.
WHEREAS, the Roanoke Valley Regional Cable Television Committee
(Committee) has reviewed and approved the annual budget for the Fiscal Year 2003-
2004 for the operation of RVTV and has requested that the City of Roanoke approve
that budget; and
WHEREAS, the Committee is comprised of representatives from the City
of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have
agreed to provide funding for the purposes for which the Committee was created,
including the support of the operation of a regional government and educat;onal
access station, RVTV; and
WHEREAS, such jurisdictions have agreed to provide funding as
provided for in the agreement creating the Committee and the Committee has
recommended that the City of Roanoke provide partial funding to RVTV in the
amount of $150,488.00, which is within the limits provided for in the agreement; and
WHEREAS this Council desires to approve the recommendation of the
Committee and provide partial funding as requested by the Committee.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The annual budget of $273,614.00 for Fiscal Year 2003-2004 for
the operation of the regional government and regional educational access st=tion,
RVTV, as set forth in a letter to this Council dated April 21,2003, is hereby approved.
191
2. The amount of $150,488.00 will be provided by the City of
Roanoke as its prorata share for the annual operational budget for RVTV for the
Fiscal Year 2003-2004 as requested in the letter to this Council dated April 21,2003.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of April, 2003.
No. 36282-042103.
A RESOLUTION approving the annual budget of the Roanoke ~alley
Resource Authority for Fiscal Year 2003-2004, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the annual
budget for the Roanoke Valley Resource Authority for Fiscal Year 2003-2004, in the
amount of $8,091,969 is hereby approved, all as more particularly set forth in a letter
to the City Manager, dated March 26, 2003, from John R. Hubbard, P.E., Chief
Executive Officer, of the Roanoke Valley Resource Authority.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smit;~
Mayor
192 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of April, 2003.
No. 36283-042103.
A RESOLUTION establishing the dates and times for two Special
Meetings of the Council of the City of Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. A Special Meeting of City Council shall be held on May 1, 2003,
commencing at 7:00 p.m., in the Exhibit Hall, Civic Center, 710 Williamson Road,
N.W., Roanoke, Virginia, for the purpose of holding public hearings as to the
Recommend Budget for Fiscal Year 2003-2004, HUD Funds, effective tax increases,
and conducting a public hearing on proposed increases in sewage treatment
charges and elimination of certain sewage treatment charges, admissions tax rate
increase for certain facilities, E-911 tax rate, and proposed imposition of a daily
rental property tax
2. A Special Meeting of City Council shall be held on May 12, 2003,
commencing at 9:00 a.m., in Council Chambers, 4t' Floor of the Noel C. Taylor
Municipal Building, at 215 Church Avenue, S. W., Roanoke, Virginia, for the purpose
of:
adopting the proposed annual budget for the City of
Roanoke for Fiscal Year 2003-2004
adopting the annual update to the HUD consolidated plan
adopting a pay plan ordinance
adopting ordinance establishing annual salaries of
Council-appointed officers
adopting an ordinance establishing a salary supplement
for Constitutional officers
193
adopting an ordinance establishing a pay raise for Council
members
endorsing an update to the Capital Improvements Program
adopting an ordinance increasing the City's admissions
tax applicable to certain City-owned facilities
adopting an ordinance providing an increase in the E-911
tax rate
adopting an ordinance imposing a short-term rental tax
rate of 1%
adoption of measures amending the City's Fee
Compendium to raise animal impoundment fees, library
copy fees, parking fees, certain sewage treatment
charges, certain solid waste collection fees and
elimination of certain other solid waste collection fees and
sewage treatment fees
adoption of an ordinance granting a cost-of-living
allowance increase for City retirees
3. The City Clerk is hereby directed to take whatever steps are
deemed necessary to notify the public of the times and places of such Special
Meetings.
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
194
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of April, 2003.
No. 36284-042103.
A RESOLUTION accepting the donation of a .6 acre parcel of property,
located at the corner of Shenandoah Avenue and Westside Boulevard, identified by
Tax Map No. 2732301, from the Stevens Farm Trust, and expressing appreciation for
such donation.
WHEREAS, the Stevens Farm Trust has offered to donate a .6 acre
parcel of property to the City.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. This Council hereby accepts the donation of a .6 acre parcel of
property, located at the corner of Shenandoah Avenue and Westside Boulevard,
identified by Tax Map No. 2732301, as more fully described in the City Manager's
letter dated April 21, 2003, to City Council, subject to a satisfactory environmental
site inspection.
2. The City Manager is hereby authorized to execute any documents
necessary to effect such transfer and accept such gift, such documents to be
approved as to form by the City Attorney.
3. This Council wishes to express its appreciation and that of the
citizens of the City of Roanoke to the Stevens Farm Trust for its generous donation
to the City.
195
4. The City Clerk is directed to transmit a copy of this resolution to
Mr. Harvey Lutins, Trustee, of the Stevens Farm Trust, expressing the City's
appreciation for this donation.
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2003.
No. 36285-042103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Al~Drooriations
Public Safety
State Asset Forfeiture (1) ..........................
Federal Asset Forfeiture (2) ........................
2,885,683.00
308,242.00
371,550.00
196 -
Revenues
Public Safety
State Asset Forfeiture (3-4) .........................
$ 2,885,683.00
308,242.00
Federal Asset Forfeiture (5-6) .......................
371,550.00
1) Overti.me Wages
2) Investigations and
Rewards
3) State Asset Forfeiture
Proceeds
4) Interest
5) Federal Asset Forfeiture
Proceeds
6) Interest
(035-640-3302-1003) $ 13,274.00
(035-640-3304~150) 11,793.00
(035-640-3302-3300) 13,004.00
(035-640~302-3299) 270.00
(035-640.3304-3305) 11,736.00
(035-640-3304~306) 57.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21 st day of April, 2003.
No. 36286-042103.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
197
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Education
Facilities (1-7) ....................................
$ 138,201,179.00
3,689,8i 8.00
Fund Balance
Reserved for CMERP - Schools (8) ....................
606,243.00
1) School Equipment
Replacement
2) Technology Equipment
Replacement
3) Technology Equipment
Replacement
4) School Bus
Replacement
5) Transportation Vehicle
6) Facility Maintenance
Equipment
7) Buildings
8) Reserved for
CMERP-Schools
(030-065-6006-6100~801)
(030-065-6006-6202-0806)
(030~65~006-6302-0806)
(030~65-6006~676~a08)
(030~65~006-6676-0824)
(030~65-6006~681~821)
(030-065~006.6896-0851)
(030-3324)
$ 4,995.00
250,000.00
210,252.00
285,000.00
11,595.00
156,653.00
640,000.00
(1,558,495.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
198 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of April, 2003.
No. 36287~42103.
AN ORDINANCE permanently vacating, discontinuing and closing a
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance.
WHEREAS, the YMCA of Roanoke Valley, Inc., filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law, requesting the
Council to permanently vacate, discontinue and close the public right-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to
all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has ma~le its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on April 21,2003, after due and timely notice thereof as required by §30-14,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on said application;
and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
199
A ten foot wide alley extending in a westerly direction for
110 feet, more or less, from 5th Street, S.W., and lying
between parcels bearing Official Tax Nos. 1113422
through 1113425, inclusive; and 1113417 through 1113419,
inclusive
be, and is hereby permanently vacated, discontinued and closed, and that all right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the closed
portion of the right-of-way, reserving however, to the City of Roanoke and any utility
company, including, specifically, without limitation, providers to or for the public of
cable television, electricity, natural gas or telephone service, an easement for sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across said public right-of-way,
together with the right of ingress and egress for the maintenance or replacement of
such lines, mains or utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement
which impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public right-of-
way of any such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk of the
Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all
properties which would otherwise be landlocked by the requested closure, or
otherwise disposing of the land within the right-of-way to be vacated in a manner
consistent with law, and retaining appropriate easements, together with the right
of ingress and egress over the same, for the installation and maintenance of any and
all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
200
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of
Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that
such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been
met within a period of twelve (12) months from the date of the adoption of this
ordinance, then said ordinance shall be null and void with no further action by City
Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12
of the City Charter, the second reading of this ordinance by title is hereby dispeqsed
with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of April, 2003.
No. 36288~42103.
AN ORDINANCE authorizing the City Manager to execute an agreement,
deed and any related and necessary documents providing for the conveyance of
City-owned property located at 540 Church Avenue, S. W., bearing Official Tax No.
1113414, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions;
and dispensing with the second reading by title of this ordinance.
201
WHEREAS, a public hearing was held on April 21, 2003, pursuant to
§§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interest and citizens were afforded an opportunity to be heard on said
conveyance.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, an agreement, deed
and any related and necessary documents providing for the conveyance of City-
owned property located at 540 Church Avenue, S.W., bearing Official Tax No.
1113414, to the YMCA of Roanoke Valley, Inc., upon the terms and conditions set
forth in the City Manager's letter to this Council dated April 21, 2003.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
MaryF. P~a er
City Clerk
APPROVED ~/Ral '
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of April, 2003.
No. 36289-042103.
AN ORDINANCE approving the Urban Forestry Plan, and amending
Vision 2001 - 2020, the City's Comprehensive Plan, to include the Urban Forestry
Plan; and dispensing with the second reading of this ordinance by title.
202
WHEREAS, the Urban Forestry Plan (the "Plan") was presented to the
Planning Commission;
WHEREAS, the Planning Commission held a public hearing on
March 20, 2003, and recommended adoption of the Plan and amending Vision 2001 -
2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such
Plan; and
WHEREAS, in accordance with the provisions of §15.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Monday, April 21, 2003, on the proposed Plan, at which hearing all citizens so
desiring were given an opportunity to be heard and to present their views on such
amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That this Council hereby approves the Urban Forestry Plan and
amends Visio~n 2001 - 2020., the City's Comprehensive Plan, to include the Urban
Forestry Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested
copies of this ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
2O3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2003.
No. 36290~42103.
AN ORDINANCE extending the term of a certain Cable Television
Franchise Agreement, dated May 1, 1991, between the City and CoxCom, Inc. d/b/a
Cox Communications Roanoke, upon certain terms and conditions; and dispensing
with the second reading by title paragraph of this ordinance.
WHEREAS, by Ordinance No. 30479-42291, adopted April 22, 1991, the
City of Roanoke, Virginia (the "City"), granted a non-exclusive cable franchise (the
"Franchise") to Cox Cable Roanoke, Inc., predecessor-in-interest to CoxCom, Inc.
d/b/a Cox Communications Roanoke ("Cox"), such Franchise being embodied in a
Cable Television Franchise Agreement by and between the City and Cox, dated as
of May 1, 1991 ("Franchise Agreement");
2O03;
WHEREAS, the term of the Franchise is scheduled to expire on April 30,
WHEREAS, both the City and Cox wish to extend the term of the
Franchise to allow adequate time to provide for the proper and thoughtful
consideration and negotiation of the terms and conditions of a possible renewal of
the Franchise;
WHEREAS, Cox has agreed to continue to negotiate with the City in
good faith for the renewal of the Franchise;
WHEREAS, the City and Cox agree that as a result of agreeing to extend
the term of the Franchise, neither party shall be deemed to have waived any of its
rights, claims, or obligations under Section 626 of the Federal Communications Act
(47 U.S.C. § 546), nor any of its rights, claims, or obligations under the Franchise
Agreement; and
WHEREAS, in accordance with the above, the City is willing to grant a
six (6) month extension of the current Franchise term, with the current terms and
conditions of the Franchise Agreement continuing in full force and effect, which
extension will expire on October 31, 2003, or until a renewal Franchise is executed
and approved, whichever occurs first.
204
THEREFORE, BE IT ORDAINED by the City Council of the City Roanoke
as follows:
1. That the term of the Franchise Agreement be extended for six (6)
months, to and including October 31,2003, or until a renewed Franchise is executed
and approved, whichever occurs first, with all of the other terms and conditions of
the Franchise Agreement remaining in full force and effect during the extension
period.
2. Pursuant to §12 of the Roanoke City Charter, the second reading
of this ordinance by title paragraph is hereby dispensed with.
Ralph K. Smith
Mayor
Mary F. Parker
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of April, 2003.
No. 36291-042103.
AN ORDINANCE amending and reordaining §36.1-690, mI~e~:L~L~E~
~, of Division 5, Amendments, of Article VII, Administration, of Chapter
36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, to provide for
reconsideration by City Council of a petition under Rule 10 of Section 2-15, .Rules of
procedure; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
205
1. Section 36.1-690, General authority and procedure, of Chapter
36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Sec. 36.1-690. General authority and procedure.
(i) t-~ Once City Council has considered a
petition, the cHtycounc~ petition;;'~;; may not reconsider
request reconsideration of substantially the same petition
for one (1) year. Nothing in this section shah be construed
to limit City Council's ability to reconsider a petition under
Rule 10 of§2-15, Rules of procedure.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second readincj of this ordinance by title is hereby dispensed with.
APPROVED ~ph~
ATTEST:
Mary F. Parker th
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of April, 2003.
No. 36292-042103.
AN ORDINANCE authorizing vacation of a sanitary sewer easement
across property identified by Official Tax Nos. 5050220, 5050221, and 5050222, and
more commonly known as 3121, 3125 and 3129 Hidden Oak Road, S. W., upon
certain terms and conditions; and dispensing with the second reading by title of this
ordinance.
206
WHEREAS, a public hearing was held on April 21, 2003, pursuant to
§§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interest and citizens were afforded an opportunity to be heard on said
conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute
and attest, respectively, in form approved by the City Attorney, the necessary
documents to vacate a sanitary sewer easement across property identified by
Official Tax Nos. 5050220, 5050221, and 5050222, and more commonly known as
3121, 3125 and 3129 Hidden Oak Road, S. W., as more fully described in a letter of
the City Manager to City Council dated April 21, 2003.
Pursuant to the provisions of Section 12 of the City Charte.-, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
207
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36293-050503.
A RESOLUTION paying tribute to the Honorable William H. Carder, and
expressing to him the appreciation of this city and its people for his exemplary
public service.
WHEREAS, Mr. Carder was born in Jacksonville, Florida and educated
at Escambia High School in Pensacola, Florida, and at the Florida Technological
University(presently known as the University of Central Florida) in Orlando, Florida;
WHEREAS, Mr. Carder has served as general manager of the Patrick
Henry Hotel in Roanoke for the past eleven years;
WHEREAS, Mr. Carder has been actively involved in the community,
serving as secretary/treasurer of Cycle Roanoke Valley, a group that brought the
Tour DuPont bike race to Roanoke; as past-chairman of Downtown Roanoke, Inc.,
on the board of directors for the Roanoke Regional Chamber of Commerce, as
chairman of the Taste of the Blue Ridge Blues and Jazz Festival, and was named the
Year 2000 State Outstanding Downtown Volunteer and presented the Year 2000
Roanoke Valley Convention and Visitors Bureau Patrick McMahan Tourism
Ambassador Award;
WHEREAS, having been elected to City Council in 2000, Mr. Carder
served as vice mayor from July 2000 to June 2002;
WHEREAS, Mr. Carder has worked effectively across party lines to
identify solutions to problems and bring about positive changes for the City of
Roanoke;
208
WHEREAS, during his time on City Council, Mr. Carder served on the
Audit Committee, Budget and Planning Committee, Legislative Committee,
Personnel Committee, Roanoke Neighborhood Partnership Steering Committee Ad
Hoc Study Committee, Roanoke Valley-Alleghany Regional Commission, Virginia's
First Coalition of Cities, Virginia Municipal League Legislative Committee, Virginia
Municipal League Policy Committee (Transportation), the War Memorial Committee,
as Council's liaison to the Special Events Committee, on the board of directors of
the Roanoke Valley Convention and Visitors Bureau, and as vice president of the
board of directors for the Greater Roanoke Transit Company; and
WHEREAS, upon his resignation as a member of Council, William H.
Carder concludes three years of public service with the city of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. This Council adopts this means of recognizing and commending
the many services rendered to the City of Roanoke and its people by the Honorable
William H. Carder.
resolution to the Honorable William H. Carder.
City Clerk
The City Clerk is directed to forward an attested copy of this
Mayor
209
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36294-050503.
A RESOLUTION authorizing the donation of 21 Apple iMac computers
that no longer meet the minimum specifications for personal computer in the library
system to West Side Elementary School.
BE IT RESOLVED by the Council of the City of Roanoke that Council
hereby authorizes the donation of 21 Apple iMac Computers to West Side
Elementary School in accordance with the recommendation contained in the City
Manager's letter to Council dated May 5, 2003.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36295-050503.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Department of Technology Funds Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Department of Technology Funds
Appropriations be, and the same are hereby, amended and reordained to read as
follows, in part:
210 -
General Fund
Appropriations
Public Safety
E-911 Wireless (1) .................................
$46,452,177.00
201,360.00
Revenues
Other Categorical Aid
E-911 Wireless (2) .................................
16,408,309.00
200,846.00
Department of Technoloq¥ Fund
Aoorooriations
Capital Outlay
E-911 Upgrades to Software and Hardware (3) ...........
13,426,341.00
357,637.00
Revenues
Nonoperating
Virginia State E-911 Services Board (4) .................
1,061,979.00
51,847.00
01) Telephone
02) E.911 Wireless
03) Appropriation From
State Grant Funds
04) Virginia State E-911
Services Board
(001-430-4131-2020)
(001-110-1234-0654)
(013-430-9870-9007)
(013-110-1234-1355)
$13,679.00
13,679.00
51,847.00
51,847.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is here
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
211
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36296~50503.
A RESOLUTION authorizing the City Manager to make application to the
Commonwealth of Virginia Department of Transportation for Industrial Access Road
Funds in an amount up to $450,000.00 for roadway construction and improvements
to part of Blue Hills Drive in the Roanoke Centre for Industry and Technology to
provide adequate industrial access to part of that property in order to provide for
new capital investment and development of such property; acknowledging certain
requirements for obtaining such funds, including the provision of a bond or other
security; and authorizing the execution of any required documentation on behalf of
the City of Roanoke for acceptance of any such funds which may be awarded.
WHEREAS, the City of Roanoke desires to facilitate the industrial
development of a portion of property located in the Roanoke Centre for Industry and
Technology (RClT) located in the City of Roanoke; and
WHEREAS, such property is expected to be the site of new private
capital investment in land, building, and manufacturing equipment which will
provide substantial employment; and
WHEREAS, the existing public road network does not provide for
adequate access to this property and it is deemed necessary that improvements be
made to a portion of Blue Hills Drive in RClT; and
WHEREAS, the City of Roanoke is requesting that the Commonwealth
Transportation Board provide financing from the Industrial, Airport and Rail Access
Fund for this project; and
WHEREAS, the Council of the City of Roanoke hereby acknowledges
that the necessary environmental analysis, mitigation, and fee simple right-of.way
for this improvement and utility relocations or adjustments, if necessary, must be
provided at no cost to the Industrial, Airport and Rail Access Fund in order to be
eligible for such funds; and
212
WHEREAS, the Council of the City of Roanoke acknowledges that the
State Environmental Review Process (SERP) must be completed prior to any
construction activity on this project as a condition to the use of the Industrial,
Airport and Rail Access Fund; and
WHEREAS, the Council of the City of Roanoke hereby acknowledges
that all ineligible project costs and any other costs not justified by eligible capital
outlay will have to be provided from sources other than those administered by the
Department of Transportation.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The City of Roanoke hereby requests that the Commonwealth
Transportation Board provide financing from the Industrial, Airport and Rail Access
Fund to provide an adequate road along a portion of Blue Hills Drive to certain
property located in RClT, including Tract F and the remaining property in that area,
in order to facilitate industrial development and investment in such property, as set
forth in the City Manager's letter to Council dated May 5, 2003.
2. The City Manager is hereby authorized to execute and file on
behalf of the City of Roanoke any and all appropriate documents required in
connection with the application to the Commonwealth of Virginia Department of
Transportation for Industrial Access Road Funds in an amount up to $450,000.00,
and to execute any documentation necessary for the acceptance of such Industrial
Access Road Funds, and to furnish such additional information as may be required
by the Commonwealth, all as more particularly set forth in the City Manager's letter
to Council dated May 5, 2003.
3. The Council of the City of Roanoke hereby agrees to provide, if
necessary, a bond or other form of security acceptable to the Virginia Department
of Transportation in the full amount of the funds approved by Commonwealth
Transportation Board and acknowledges that such security may be exercised by the
Department of Transportation in the event that sufficient qualifying capital
investment does not occur on the portion of Blue Hills Drive for which funds have
been provided within five years of the Commonwealth Transportation Board's
allocation of funds for such project pursuant to the above request.
4. The form of any agreements for the acceptance of such Industrial
Access Road Funds, including the security mentioned above, shall be approved by
the City Attorney.
213
5. Any local matching funds up to $150,000.00 that may be
necessary or required by the acceptance of such Industrial Access Road Funds will
be made available by subsequent appropriation of Council.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36297-050503.
AN ORDINANCE amending Section 20-80 of Division 2 Residential
Parking Permits, of Article IV, StoDDina. Standinq and Parkinq, Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, amending the
City's residential parking permit system; and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 20-80(d) of Division 2 Residential Parkinq Permits, of
Article IV, StoDoina. StandinR and Parkina~ Chapter 20, Motor Vehicles and Traffic,
Code of the City of Roanoke (1979), as amended, is amended to read and provide as
follows:
§20-80. Permits Generally
(d)
Permits shall be displayed on the left reet~at~at[~
'passenger window behind the driver in
the lower left corner. Visitor passes shall be-d~JptayeeHn
th~ef~a~ftd~hang from the interior rearview mirror
with the zone location and expiration date visible from
outside the front windshield.
214
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36298-050503.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Health and Welfare
Temporary Assistance for Needy Families
(TANF) Hard-to-Serve (1) .................................
$4,491,589.00
269,312.00
~Revenues
Health and Welfare
Temporary Assistance for Needy Families
(TANF) Hard-to-Serve (2) ..................................
4,491,589.00
269,312.00
215
01) Fees for
Professional Services
02) State Grant Receipts
(035-630-8852-2010)
(035-630 -8852-8852)
$269,312.00
269,312.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST: ~~
Mary F. Parker mith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36299-050503.
A RESOLUTION authorizing acceptance of a grant award under the
Temporary Assistance for Needy Families (TANF) Funding for Job Retention and
Wage Advancement from the Virginia Department of Social Services, for the purpose
of providing job retention and wage advancement of TANF recipients or for former
TANF recipients in the period of ineligibility, and authorizing execution of any and
all necessary documents to comply with the terms and conditions of the grant.
WHEREAS, the City of Roanoke will be developing a collaborative
project combining its allocation of funds from the Federal TANF Grant with those of
Botetourt, Craig, Franklin and Roanoke counties for a total of $269,312.00.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
216
1. The grant award under the Temporary Assistance for Needy
Families (TANF) Funding for Job Retention and Wage Advancement from the Virginia
Department of Social Services, for the purpose of providing job retention and wage
advancement for TANF recipients or for former TANF recipients in the period of
ineligibility, in the amount of $269,312.00, as set forth in the City Manager's letter to
Council dated May 5, 2003, is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to
execute any and all requisite documents, including any documents providing for
indemnification by the City as are required for the City's acceptance of this grant,
pertaining to the City's acceptance of these funds and to furnish such additional
information as may be required in connection with the City's acceptance of these
grant funds. All documents shall be approved by the City Attorney.
ATTEST: ~
Ma~ff~F. Park~e ~' Ralph K Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36300~50503.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Community Development
Membership and Affiliations (1) .............................
Parks, Recreation and Cultural
Parks and Recreation Administration(2-5) ....................
217
$5,655,971.00
2,364,689.00
4,679,532.00
959,441.00
01) Event Zone
02) Regular Employee
Salaries
03) FICA
04) City Retirement
05) Special Events
(001-300-7220-3820)
(001-620-7111-1002)
(001-620-7111-1120)
(001-620-7111-1105)
(001-620-7111-2125)
$126,597.00
(36,428.00)
(2,787.00)
(2,277.00)
(85,105.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
~Mary~ pa~rker~'
Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36301~50503.
AN ORDINANCE authorizing the City Manager to enter into an
Agreement, and to execute any other documents necessary to implement the terms
of the Agreement, between the City of Roanoke and eventzone.org ("Event Zone"),
a non-profit corporation organized under Section 501(c) of the United States Internal
Revenue Code, pertaining to the conducting of special events and festivals by Event
Zone in the City of Roanoke, and dispensing with the second reading of this
ordinance by title.
218 -
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the City
Attorney, an Agreement with Event Zone, and to execute any other documents
necessary to implement the terms of the Agreement, for Event Zone to conduct
special events and festivals in the City of Roanoke, such Agreement to be upon such
terms and conditions as are more particularly described in the City Manager's letter
dated May 5, 2003, and similar in form to the Agreement attached to the City
Manager's letter dated May 5, 2003, to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ,
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36302-050503.
AN ORDINANCE amending §2-238, Authorityto reduce or waive interest
and penalty payments, of Article Xl, Director of Finance, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, by expanding
the authority of the Director of Finance regarding reduction or waiver of interest and
penalty payments on fees and charges owed the City; and dispensing with the
second reading by title paragraph of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2-238, Authority to reduce or waive interest and r~enaltv
payments, of Article XI, Director of Finance of Chapter 2, Administration of the Code
of the City of Roanoke (1979), shall be amended and reordained to read and provide
as follows:
219
Sec. 2-238. Authority to reduce or waive interest and penalty payments.
The director of finance, when in his discretion it is just and proper, may
accept interest or penalty payments at a rate less than that prescribed by this Code
or may waive such interest or penalty payments for failure to pay in a timely fashion
any of the following obligations:
(2)
(3)
(4)
Assessments against owners of abutting
property for public improvements.
Charges levied against landowners for failure
to remove noxious weeds or for removal of
buildings, walls or other structures which
might endanger the public health and safety.
City taxes.
Other fees and charges owed the City.
2. Pursuant to §12 of the Roanoke City Charter, the second reading
by title of this ordinance is hereby dispensed with.
ATTEST: ~'~ / J J~' ~' J /
Mary F. Parker / Ralph K. Smith
City Clerk Mayor
220 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36303~50503.
AN ORDINANCE amending and reordaining Section 20-33.1, Same-
Requirements; obtaininq license plate, taa or decal a condition precedent to
discharqe of violation, and Section 20-33.2, Requirements for operation; obtainin¢~
decal a condition precedent to discharge of violation, of Article II, Vehicle Licenses,
of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979),
as amended, to provide for the increase of fines and change the time within which
to pay such fines, providing for an effective date; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 20-33.1, Same - Requirements; obtaininq license plate,
taq or decal a condition precedent to discharqe of violations, of Article II, Vehicle
Licenses, of Chapter 20, Motor Vehicles and Traffic,of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
§20-33.1 Same- Requirements; obtaininq license plate, ta; or
decal condition precedent to discharqe of violations.
(a)
It shall be unlawful for any owner of a motor vehicle,
trailer, or semitrailer to fail to obtain and display any
license plate, tag or decal required under the provisions of
this article or to display upon a motor vehicle, trailer, or
semitrailer any such license plate, tag or decal after its
expiration date.
(b)
A violation of this section may not be discharged by
payment of a fine except upon presentation of satisfactory
evidence that the required license plate, tag or decal has
been obtained.
221
(c)
(d)
(e)
Local law enforcement officers are authorized to issue
citations, summonses, parking tickets, or uniform traffic
summonses for violation of this section.
Every person receiving written notice from a police officer
that he has violated this section may waive his right to
appear and be formally tried for the violation set forth in
the notice upon the voluntary payment of a penalty in the
amount of forty-three dollars ($43.00). Such penalty shall
be paid to the city treasurer during the regular business
hours of the office. The city treasurer shall not accept
payment of this penalty except upon presentation of
satisfactory evidence that the required license plate, tag or
decal has been obtained. The city treasurer shall'no~ be
authorized to accept partial payment of the penalty due.
If this penalty is not paid within ~fifteen (15) days of
the issuance by an officer of a notice of violation, a-notice
amendedFthen a penalty of fifty-eight dollars ($58.00) shall
apply. A late notice shall be sent by the city's office
department of billings and collections to the violator. Any
violator to whom such a-late notice is sent may pay stroh
the penalty of fifty-eight dollars ($58.00) attd--prese~
-'---' '--- '---- c, bt&~n~d within five-(S)fifteen (15) days of
receip{-the date of such late notice. If the violator does
not pay the penalty pursuant to such late notice, a law
enforcement notice pursuant to section 46.2-941, Code of
Virginia (1950), as amended, shall be sent by the city's
department of billings and collections to the violator. The
city treasurer shall not accept payment of this penalty
except upon presentation of satisfactory evidence that the
required license plate, tag ordecal has been obtained. The
city treasurer shall not-be authorized to accept partial
payment of the penalty due.
222
If the violator fails to pay the penalty provided for above
within fi*~--(5)flfteen (15) days of receipt of a law
enforcement notice sent pursuant to section 46.2-941,
Code of Virginia (1950), as amended, the clerk of the
general district court and the officer responsible for
issuing the parking summons shall be notified of the
failure to pay such penalty, in order that a summons may
be issued.
(g)
In the event the commissioner of revenue or the city
treasurer is advised that any person desires to contest a
violation of this section, the commissioner of revenue or
the city treasurer shall transmit notice of such fact as
soon as possible to the city's office-department of billings
and collections, which shall certify such fact in writing in
an appropriate form, to the clerk of the general district
court.
(h)
Every person tried and convicted of a violation of this
section shall be guilty of a class 4 misdemeanor, the
penalty for which shall be inclusive of the penalty set forth
above for a violation of this section. Unless otherwise
ordered by the judge in whose court this violation is tried,
or in which the same is cognizable, all fines and penalties
arising under this section shall be paid into the city
treasury.
As set forth in Section 2.178.4 of the Code of the City of
Roanoke (1979), as amended, an administrative fee may be
applied to the total charges.
2. Section 20-33.2, Requirements for operation; obtaininq decal a
condition precedent to discharqe of violations, of Article II, Vehicle Licenses, of
Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
223
§20-33.2
Requirements for operation; obtaininq decal
condition precedent to discharge of violations.
(a)
It shall be unlawful for any owner of a motor vehicle,
trailer, or semitrailer to fail to obtain and display a local
license decal required required by any ordinance of the
any county, city, or town, which is a party to a regional
enforcement compact with the city and in which the
vehicle is registered or to display upon a motor vehicle,
trailer, or semitrailer any such local license decal after its
expiration date. The fact that the current license tax of the
situs jurisdiction has been paid on such vehicle shall not
bar prosecution for a violation of this section.
(b)
Any violation of this section by an owner of the vehicle
may not be discharged by payment of a fine except upon
presentation of satisfactory evidence that the required
license decal herein required has been obtained. Anyfine
paid under this section shall be deposited to the credit of
the general fund of the city, and no accounting need to be
made thereof to the situs jurisdiction of such vehicle.
(c)
Local law enforcement officers are authorized to issue
citations, summonses, parking tickets, or uniform traffic
summonses for violation of this section.
(d)
Every person receiving written notice from a police officer
that he has violated this section may waive his right to
appear and be formally tried for the violation set forth in
the notice upon the voluntary payment of a penalty in the
amount of tw~nt-y-,~;-e d,c,~ars {$25.OO)forty-three dollars
($43.00). Such penalty shall be paid to the city treasurer
during the regular business hours of the office. The city
treasurer shall not accept payment of this penalty except
upon presentation of satisfactory evidence that the
required decal has been obtained. The city treasurer shall
not be authorized to accept partial payment of the penalty
due.
224 -
(e)
(f)
(g)
If this penalty is not paid within ten-(~r~fifteen (15) days of
the issuance by an officer of a notice of violation,
amende~, then a penalty of fifty-eight dollars ($58.00) shall
apply. A late notice shall be sent by the city's office
department of billings and collections to the violator. Any
violator to whom such a-late notice is sent may pay stroh
the penalty of ~fifty-eight dollars ($5558.00) and
p:&:~, ~--§ Jr ,,,,,.=, ,,=o ~,~n ~b~:r,~ within fi~-(5)-fifteen
(15) days of receipt-the date of such late notice. If the
violator does not pay the penalty pursuant to such late
notice, a law enforcement notice pursuant to section 46.2-
941, Code of Virginia (1950), as amended, shall be sent by
the city's department of billings and collections to the
violator. The city treasurer shall not accept payment of
this penalty except upon presentation of satisfactory
evidence that the required decal has been obtained. The
city treasurer shall trot-be authorized to accept partial
payment of the penalty due.
If the violator fails to pay the penalty provided for above
within fi~/e--(5)fifteen (15)days of receipt of a law
enforcement notice sent pursuant to section 46.2-941,
Code of Virginia (1950), as amended, the clerk of the
general district court and the officer responsible for
issuing the parking summons shall be notified of the
failure to pay such penalty, in order that a summons may
be issued.
In the event the commissioner of revenue or the city
treasurer is advised that any person desires to contest a
violation of this section, the commissioner of revenue or
the city treasurer shall transmit notice of such fact as
soon as possible to the city's office-department of billings
and collections, which shall certify such fact in writing in
an appropriate form, to the clerk of the general district
court.
2003.
(h)
225
Every person tried and convicted of a violation of this
section shall be guilty of a class 4 misdemeanor, the
penalty for which shall be inclusive of the penalty set forth
above for a violation of this section. Unless otherwise
ordered by the judge in whose court this violation is tried,
or in which the same is cognizable, all fines and penalties
arising under this section shall be paid into the city
treasury.
As set forth in Section 2-178.4 of the Code of the City of
Roanoke (1979), as amended, an administrative fee may be
applied to the total charges.
This ordinance shall be in full force and effect as of September 1,
3. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED ~~
ATTEST:~~ ~" ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36304-050503.
AN ORDINANCE amending and reordaining Section 20-89, Penalties For
Unlawful Parkincj, of Division 3, Duties of Police Officers, Penalties For Unlawful
Parkinq, of Article IV, Stoppinq, Standin.q and Parking, of Chapter 20, Motor Vehicles
and Traffic, to effect amendments to Section 20-89 that govern penalties for unlawful
parking in order to increase the effectiveness and efficiency of collecting fines for
parking violations and to eliminate redundancy; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
226
1. Section 20-89, Penalties For Unlawful Parking, of Division 3,
Duties of Police Officers, Penalties For Unlawful Parkinq, of Article IV, StooDinq,
Standin~l and Parkinq. of Chapter 20, M0tor Vehicles and Traffic, is hereby amended
and reordained to read and provide as follows:
§ 20-89. Penalties for unlawful oarkinq.
(a)
It shall be unlawful and shall constitute a parking violation,
unless otherwise designated as a misdemeanor, for any person
to violate any of the provisions of~h~ preceding'---- '"'" ..... ' "---
oFthis-eh~of division I of this article.
(b)
(1) Every person receiving written notice from a police officer
that he has violated any of the sections of th~ pr6c~,~[n§ ,,,,, [,~
~i¥i~[~,~ of :~,',~ ch--pier division 1 of this article may waive his
right to appear and be formally tried for the violation set forth in
the notice upon the voluntary payment, as penalty and in full
satisfaction of such violation, of the penalty set forth below.
Such penalty shall be paid to the city treasurer during the regular
working hours of his office or through any other method
established by city council for the routine payment of such
penalties. For purposes of this subsection, penalties shall be
deemed to have been "paid" when full payment therefore has
been received by the city treasurer, regardless of whether such
penalty is paid in person or is mailed. The city treasurer shall ~
be authorized to accept partial payment of penalties due.
Penalties for parking violations shall be as follows:
Column I Column 2 Column 3
Section Penalty Penalty
Violation
If paid within
19 15 days of the
insurance by an
officer of a notice
of violation
If paid within
19 15 days of the
insurance by an
officer of a notice
of violation
20-65(3); 20-65
(6);20-65(7);
20-65(10); 20-65
(12); 20-65(13);
20-70; 20-72;
20-73 or 20-75
$10.00 $ 25.00
20-65(14) or 20-68or-
20-69
(except subsection (il)
20-65(1); 20-65(2);
20-65 (5); 20-65(8);
20-65(9); 20-66;
20-67; or 20-71
$15.00 $30.00
$15.00 $30.00
$20.00 $35.00
227
20- 65 (15) $ 26.00 $40.00
20-65(4) or 20-74 $ 33.00 $48.00
20-69(m)(i) or 20-76
$125.00 $140.00
(b)
(2) If the applicable penalty listed in Column 2 is not paid
within ten-(4~fifteen (15) days of the issuance by an officer of a
notice of violation, then the applicable penalty listed in Column
3 shall apply. Alate notice pura:=an~ ~o aec~on 4g,.2 -~41, ,,~,,,~"- -'-
" ..... "- ""~' ...... -'--' shall be sent by the city's
department of billings and collections to the violator. Any
violator to whom such late notice is sent may pay the applicable
penalty listed in Column 3 above within fi~m~o)-da~-fifteen (15)
days of the date of such late notice. If the violator does not pay
the penalty pursuant to such late notice, a law enforcement
notice pursuant to Section 46.2-941 of the Code of Virginia
(1950), as amended, shall be sent by the city's department of
billings and collections to the violator.
228 -
229
(c)
(d)
(e)
(f)
If a violator does not pay the penalty provided for above-within
,~v~ {$) ff,&ys c,; r~c~pt in Column 3 above within fifteen (15) days
of receipt of a law enforcement notice sent pursuant to section
46.2-941, Code of Virginia (1950), as amended, the clerk of the
general district court and the officer responsible for issuing
parking summons shall be notified of the failure to pay such
penalty, in order that a summons be issued.
in the event that the city treasurer is advised that any person
desires to contest any parking citation, the city treasurer shall
transmit notice of such fact as soon as possible to the city's
office-department of billings and collection, which shall certify
such fact in writing, in an appropriate form, to the clerk of the
general district court.
Every person tried and convicted of a violation of section 20-69,
except section 20-69(i), shall be fined nottessmore thanfi~teen
d~twenty dollars ($20 00)
'- ..... '~ ""-"-"' '""- '~-"--- '~'~"= ""' inclusive of the penalty set
forth above for a violation of this section. Unless ordered
otherwise by the judge in whose court the violation is tried, or in
which the same is cognizable, all fines and penalties arising
under this section shall be paid into the city treasury.
Every person tried and convicted of a violation of any section of
· ,,~ ~,~,.~,,,,,~ ,,,, visions c,f this ch& ~r, division 1 of this
article, except section 20-69 and 20-76, shall be fined not more
than two hundred dollars ($200.00), which fine shall be imposed
in addition to the other penalties set forth above, which shall
also be paid upon conviction.
Every person tried and convicted of a violation of section 20.69(i)
or section 20-76 shall be fined not less than one hundred dollars
($100.00) and not more than five hundred dollars ($500.00), which
fine shaft be imposed in addition to the other penalties set forth
above, which shall also be paid upon conviction.
230
In any prosecution charging a violation of any section of this
article or any ordinance of the city governing the standing or
parking of a vehicle, proof that the vehicle described in the
complaint, summons, parking ticket citation, or warrant was
parked in violation of such section or ordinance, together with
proof that the defendant was at the time the registered owner of
the vehicle, as required by Code of Virginia, § 46.2-600 et seq.,
shaft constitute in evidence a prima facie presumption that the
registered owner of the vehicle was the person who committed
the violation.
As set forth in Section 2.178.4 of the Code of the City of Roanoke
(1979), as amended, an administrative fee may be applied to the
total charges.
This ordinance shall be in full force and effect as of September 1,
2003.
this ordinance by
Mary F. Parker
City Clerk
Pursuant to Section 12 of the City Charter, the second reading of
title is hereby dispensed with.
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 2003.
No. 36305~50503.
AN ORDINANCE amending and reordaining Section 2-178.4,
Assessment of DelinqUent Taxpayers for Administrative Costs, of Article VIII,
Finan~, of Chapter 2, Administration. of the Code of the City of Roanoke
(1979), as amended, to provide for the assessment of administrative fees for the
collection of all debts owed to the City where the filing of a warrant or other
documents are necessary to collect such debts; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
231
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2-178.4, Assessment of Delinquent Taxpayers for
Administrative Costs, of Article VIII, Finance Generally, of Chapter 2, Administration,
of the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
§2-178.4 Assessment of Administrative Costs.
If collection proceedings have been commenced by the treasurer or
other tax official against any delinquent taxpayer or other persons owing delinquent
charges to the city, then in addition to all taxes, penalties and interest orsuch other
charges due, such-taxpayer-persons shall pay an administrative fee as provided
insection 58.1-3958, Code of Virginia (1950), as amended, to cover the cost of
collection in the following amount:
(a)
=PwentyThirtydollars ($230.00) if the total amount due is collected
subsequent to the filing of a warrant or other appropriate legal
document but prior to judgment; or
(b)
-~FwentyThirty. five($235.00) dollars if the total amount due is
collected subsequent to judgment.
(c)
One hundred and fifty dollars ($150.00) or twenty-five 25 percent
of the collection cost, whichever is less, if the collection activity
is to collect on a nuisance abatement fee; however, in no event
shall the fee be less than twenty-five dollars ($25.00).
2. This ordinance shall be in full force and effect as of July 1,2003.
this ordinanc3~ by titPlUeriSsU~et~ySc~iCstip(~nn lse2c~fwtiht~.City Charter, the second readi.ng of
Mary F. Parker Ralph K. Smith
City Clerk Mayor
232 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36306~51203.
AN ORDINANCE amending §32-217, Levied rate, of Article IX,
Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
as amended, in order to increase the admissions tax on the stated admission charge
to events held at the Civic Center, Stadium and Amphitheatre from six and one-half
percent (6.5%) to nine percent (9%); and setting the admissions tax at five and one-
half percent (5.5%) on the stated admission charge to events held at any other
places of amusement or entertainment in the City; dispensing with the second
reading of this ordinance and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 32-217, Levied rate, of Article iX, Admissions tax, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read and provide as follows:
§32-217. Levied rate.
A tax on the amount paid for the admission to any place of
amusement or entertainment is hereby levied upon and shall be
collected from every person who pays an admission charge to
such place. The rate of this tax shall be (i) nine percent (9%) of
the stated admission charge for each person admitted or for
each ticket sold at the City's civic centers, stadiums and
amphitheatres, and (ii) five and one-half percent (5.5%)of the
stated admission charge for each person admitted or for each
ticket sold at all other places of amusement or entertainment.
Except as otherwise provided in section 32-218, if any person is
admitted free to any place of amusement or entertainment at any
time when an admission charge is made to other persons, an
equivalent tax is hereby levied upon, and shall be collected from,
such person so admitted free of an admission charge, which tax
shall be based on the price charged to such other persons of the
same class for the same or similar accommodations.
233
2. Pursuant to §12 of the Roanoke City Charter, the second reading
by title paragraph of this ordinance is hereby dispensed with.
City Clerk
This ordinance shall be in full force on and after January 1,2004.
APPROVED ~~R '
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36307-051203.
AN ORDINANCE amending and reordaining §32-276, Tax levied; amount,
of the Code of the City of Roanoke (1979), as amended, to provide for an increase in
the special tax imposed on the consumers of telephone service to offset costs
attributable to the enhanced 911 Emergency Telephone System; providing for an
effective date; and dispensing with the second reading by title paragraph of this
ordinance.
WHEREAS, pursuant to §58.1-3813, Code of Virginia (1950), as
amended, City Council has established an enhanced 911 Emergency Telephone
System ("E-911") and has imposed a special tax on the consumers of telephone
service; and
WHEREAS, the current tax is insufficient to offset recurring
maintenance, repair and system upgrade costs, and salaries or portions of salaries
of dispatchers paid by the City which are directly attributable to the E-911 system
only.
234 -
that:
THEREFORE, BE iT ORDAINED by the Council of the City of Roanoke
1. Section 32-276, Tax levied; amount, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
§32-276. Tax levied; amount.
There is hereby imposed and levied by the city upon every
purchaser of local telephone service a tax in the amount
ofon~ ~::ar an~ fo~y-,~*,'~ c~n~ {SI.4~)two dollars ($2.00)
per month per telephone line. This tax shall be paid bythe
purchaser to the seller of local telephone service for the
use of the city to offset recurring maintenance, repair, and
system upgrade costs, and salaries or portions of salaries
of dispatchers paid by the city which are directly
attributable to the E-911 system only.
2. The tax increase authorized by this ordinance shall be in force
and effect upon and after October 1, 2003
3. The City Clerk is directed to forward an attested copy of this
ordinance by certified mail, return receipt requested, to the registered agent of the
service provider required to collect the tax so that an attested copy will be received
by such registered agent at least one hundred and twenty (120) days prior to
October 1, 2003.
4. Pursuant to §12 o.f the Roanoke City Charter, the second reading
ATTEsT:bY title paragraph of~this ordinanceA P P'S RherebYo V E dispensedD with.~.4~/, ./"'~'~',~.
MaryF. Par r ith
City Clerk Mayor
235
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36308-051203.
AN ORDINANCE amending Chapter 32, Taxation, of the Code of the City
of Roanoke (1979),as amended, by the addition of a new Article XV, Short-term
Rental Tax, consisting of §§32-300 through 32-311, pursuant to the authority
contained in §58.1-3510.1, Code of Virginia (1950), as amended; providing for an
effective date, and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
as amended, is hereby amended by the addition of a new article, Article XV, entitled
Short-term Rental Tax, which Article shall read and provide as follows:
ARTICLE XV. SHORT-TERM RENTAL TAX
§32-300. Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to
them by this section:
Affiliated. Any common ownership interest, in excess of five
percent (5%), of any officers or partners in common with the
lessor and lessee.
Certificate of registration. A certificate issued by the
commissioner of the revenue to persons engaged in the short-
term rental business in the city who make application for such
certificate pursuant to §32-303.
Daily rental property. All tangible personal property held for
rental and owned by a person engaged in the short-term rental
business, as defined in this section, except trailers as defined
in §46.2-100, Code of Virginia, and other tangible personal
property required to be licensed or registered with the
department of motor vehicles, the department of game and
inland fisheries or the department of aviation.
236
Gross proceeds. Thetotal amount charged, including penalties,
late charges or interest, to each person for the rental of daily
rental property from a short-term rental business with a valid
certificate of registration, excluding any state and local sales
taxes paid pursuant to Chapter 6 of Title 58.1, Code of Virginia.
Gross proceeds is the taxable basis for the daily rental tax.
Gross rental receipts. All proceeds from rentals during the
calendar year, except that proceeds from rental of personal
property which also involves the provision of personal services
for the operation of the personal property rented shall not be
treated as gross receipts from rental. For purposes of this
section, the delivery and installation of tangible personal
property shall not mean operation.
Short-term rental business. Any person engaged in the short-
term rental of daily rental property as defined in this section if
not less than eighty percent (80%) of the gross rental receipts of
such business in any year are from transactions involving rental
periods of ninety-two (92) consecutive days or less, including ail
extensions and renewals to the same person or a person
affiliated with the lessor; and provided, that any rental to a
person affiliated with the lessor shall be treated as rental
receipts but shall not qualify for purposes of the eighty percent
(80%) requirement. Any person who grosses less than four
thousand dollars ($4,000.00) in any year in short-term rental
receipts from such business shall not be deemed to be engaged
in the short-term rental business for purposes of this article.
§32-301. Levy and rate of short-term rental tax.
Pursuant to §58.1-3510.1, Code of Virginia, and in addition to all
other taxes of every kind now or hereinafter imposed by law, the
city hereby levies and imposes on every person engaged in the
short-term rental business a tax of one percent (1%) on the
gross proceeds, as defined in §32-300 of this article, of such
business. Such tax shall be in addition to the tax levied
pursuant to §58.1-605, Code of Virginia.
237
§32-302. Exemptions from short-term rental tax.
(a)
No tax hereunder shall be collected or payable on rentals to the
Commonwealth of Virginia, to any political subdivision of the
Commonwealth, or to the United States.
(b)
No tax hereunder shall be collected or payable for any
rental of durable medical equipment as defined in
subdivision 2 of {}58.1-609.f, Code of Virginia.
(c)
All rentals exempt from the Virginia Sales and Use Tax
pursuant to Chapter 6 of Title 58.1, Code of Virginia shall
be exempt from this short-term rental tax.
(d)
All exemptions from this tax claimed by short-term rental
businesses at the time of payment of collected taxes shall
be proved by filing of appropriate documentation as
directed by the commissioner of the revenue and are
subject to verification by the commissioner at any time.
§32-303. Short-term rental business application for certificate of
registration.
Every person engaging in the business of short-term rental, as defined
in §32-300, shall file an application for a certificate of registration with
the commissioner of the revenue for each place of business in the city
from which short-term rental business will be conducted by the
applicant. Such application shall be filed within thirty (30) days of the
beginning of a short-term rental business. The application shall be on
a form prescribed by the commissioner of the revenue and shall
contain:
(a)
The name under which the applicant intends to operate
the rental business;
(b)
The location in the city from which the rental business will
be conducted as well as the location of the rental business
headquarters;
238
(c)
(d)
(e)
The total gross receipts from all business conducted at
the business location during the preceding year, including
the applicant's total gross rental receipts and the total
receipts from short-term rental of daily rental property;
A list of all property owned or leased or licensed to the
short-term rental business as of January 1 of the current
use year for short-term rental with the name and address
of the owner of such property;
Such other information as the commissioner may require;
and
(f)
An oath by the person making application or an officer,
partner or duly authorized agent for such applicant that it
is in fact qualified for tax treatment as a short-term rental
business, that is shall collect only those short-term rental
taxes due under the law in the time and manner prescribed
by law, and that it shall remit all short-term rental taxes
collected or due and owning to the city.
§32-304.
Issuance and effect of certificate of re.qistration for
short-term daily rental business.
Upon approval of the application required by §32-303 of this
article by the commissioner of the revenue, a certificate of
registration shall be issued for each location from which a short-
term rental business is to be conducted or operated in the city by
the applicant. The certificate shall be produced for inspection at
the request of the commissioner of revenue or the
commissioner's sworn deputies The certificate is not assignable
and shall be valid only for the person in whose name it is issued
and the place of business designated.
§32-305. Collection and record-kern)ina.
(a)
Every person engaged in the short.term rental business with a
valid certificate of registration from the commissioner of the
revenue shall collect this short-term rental tax from the lessee of
the daily rental property at the time of the rental.
(b)
The person collecting this tax shall maintain a record of all rental
transactions for which this tax is collected which record shall
contain:
239
(1) A description of the property rented;
(2) The period of time for which the property was rented;
(3)
The name of the person to whom the property was rented;
and
(4)
The amount charged for each rental, including all late
charges, penalties and interest.
(c)
Every person engaged in the short-term rental business shall
maintain a complete record of all exemptions from payment of
this tax granted to renters of daily rental property, including, in
addition to the information specified in subsection (b) of this
section:
H)
A copy of the Virginia Department of Taxation tax-
exemption certificate; or
(2)
A copy of the United States tax-exemption certificate,
which certificate must specify that the renter is exempt
from sales tax; or
(3) Other explanation and proof of a claimed exemption.
Sec. 32-306. Filinq of quarterly tax returns and remittance of tax.
(a)
Each certified short-term rental business under the provisions of
this article shall file a quarterly tax return with the commissioner
of the revenue, indicating for the quarter just past:
(1) The total business gross receipts of the return filer;
(2)
The gross proceeds derived from the short-term rental
business;
(3)
All rental gross proceeds claimed to be exempt from the
short-term rental tax and documentation of each such
claim;
(4) The total daily rental tax due the city for the previous
quarter's short-term rental business.
240
(b)
Each return shall be accompanied by payment of the taxes due
and owning or collected by the certified, short-term rental
business. The quarterly return and payment of tax shall be filed
with the commissioner of the revenue on or before the twentieth
day of each of the months of April, July, October and January,
representinG, respectively, the gross proceeds and taxes
collected during the preceding quarters ending March 31, June
30, September 30 and December 31.
§32-307. Taxes held in trust for city.
The taxes required to be collected under this article shall be
deemed to be held in trust bythe person required to collect such
taxes until remitted as required in this article.
§32-308. Penalties and interest-Failure to file return
or pay overtaxes.
If any person fails to file the returns required by this
section or fails or refuses to remit to the commissioner of
the revenue the tax collected and paid under this article at
the time specified in this article, or who makes a false or
fraudulent return with intent to evade the tax levied, or
who makes a false claim for refund, shall be subject to the
penalties and interest provided for in §58.1-635, Code of
Virginia, mutatis mutandis. The assessment of such
penalty or interest shall not be deemed a defense to any
criminal prosecution for failure to comply with any of the
requirements of this article.
§32-309. Uncertified renters prohibited from collectinq tax.
No person renting any property or services to any other
person shall collect from the lessee the short-term rental
tax authorized by this article unless he has a valid
certificate of registration issued for the current year by the
commissioner of the revenue. Any taxes collected in this
manner not authorized by law shall be forfeited to the city.
§32-310. Criminal penalties.
Any person subject to the provisions of this article failing
or refusing to file a return herein required to be made, or
failing or refusing to file a supplemental return or other
data required by the commissioner of the revenue, or who
makes a false or fraudulent return with the intent to evade
the tax hereby levied, or who makes a false or fraudulent
claim for a refund, or who gives or knowingly receives a
false or fraudulent exemption certificate, or who violates
any other provision of this article, punishment for which is
not otherwise herein provided, shall be guilty of a Class 1
misdemeanor. Conviction of a violation under this section
shall not relieve any person from payment, collection or
remittance of the tax provided for in this article.
§32-311. Taxation of rental property that is not daily
rental property.
Except for daily rental passenger cars, rental property that
is not daily rental property shall be classified for taxation
pursuant to §58.1-3503, Code of Virginia.
§32-312. Collection of tax.
The provisions of §58.1-625, Code of Virginia, relating to
the manner of collecting the local retail sales and use tax,
shall apply mutatis mutandis to the collection of the short-
term rental tax, except that the commissioner of the
revenue shall assess the tax due, and the treasurer shall
collect it, instead of the Department of Taxation.
§32-313. Absorption of tax prohibited.
No person shall advertise or hold out to the public, directly
or indirectly, that he will absorb all or any part of the short-
term rental tax, or that he will relieve the consumer or
lessee of the payment of all or part of such tax, except as
may be authorized under §§58.1-627 or 58.1-628, Code of
Virginia. Any person who violates this section shall be
guilty of a Class 2 misdemeanor.
241
242 -
2. The tax imposed by this ordinance shall be in full force and
effect on October 1, 2003.
3. Pursuant §12 of the Roanoke City Charter, the second reading of
this ordinance by title paragraph is hereby dispensed with ..,~ ~/ ~ ~ .,~
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36309~51203.
AN ORDINANCE changing the rate structure and establishing a revised
rate schedule for certain sewage treatment charges; directing amendment of the Fee
Compendium; establishing effective dates for the revised rates; and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The revised rates for sewage treatment charges for the City of
Roanoke shall be as set forth below with other rates and related charges to continue
as previously established, all as further set forth in the letter from the City Manager,
dated May 12, 2003, including Exhibit A thereto. The revised rates are as follows:
Increase Standard Treatment Charge from $1.62 per 100 cubic
feet of water used to $1.94 per 100 cubic feet, effective
July 1,2003.
243
A subsequent increase in the Standard Treatment
Charge Fee from $1.94 per 100 cubic feet of water
used to $2.23 per 100 cubic feet, effective July 1,
2004.
Special Industrial Sewage Treatment Charges shall
be eliminated effective July 1, 2003.
2. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by City Council by Resolution No. 32412.
032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect
the foregoing amended fees, rates, and charges established by this Ordinance.
3. The fees, rates, and charges established by this Ordinance shall
remain in effect until amended by the Council.
4. Pursuant to Section 12 of the Roanoke City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED ~/~
r
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36310-051203.
A RESOLUTION amending the City's Fee Compendiumto increase the
fees for impoundment of animals, photocopy fees at the libraries, and refuse
collection in the Central Business District, as set out below; and establishing
effective dates.
244 -
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by City Council by Resolution No. 32412-
032795, adopted March 27, 1995, effective as of that date, as since amended, shall
be amended to reflect the following fees. The fees established by this Resolution
shall remain in effect until amended by this Council.
FEEINCREASE
AMOUNT
EFFECTIVE DATE
Fee charged to animal owners
for first impoundment of
an animal
$25.00 July 1, 2003
Daily boarding fee for an
impounded animal to include
initial day and all days thereafter.
$10.00 July 1, 2003
Black and white photocopy fees
for the City's Libraries
$.10 per copy
July 1, 2003
Colored photocopy fees for
the City's Libraries
$1.00 per copy
July 1, 2003
Refuse collection fees in the
Central Business District for
Restaurant, Office, and Financial
Institutions
$100.00 per month
July 1, 2003
Refuse collection fees in the
Central Business District for
Specialty Retail, Health, Church and
Nonprofit Institutions
$60.00 per month
July t, 2003
Service more than once
per week for Restaurant, Office,
Financial Institutions, Specialty
$10.00
Service more than once Retail,
Health, Church and per week
and fee Nonprofit Institutions
eliminated
245
2. Unless otherwise noted above, this Resolution shall be in full
force and effect on and after July 1, 2003.
A P P R O V E D
ATTEST:
ary . Parl(er Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th of May, 2003.
No. 36311-051203.
A RESOLUTION providing for an amendment of the fees charged at
Century Station Parking Garage, Church Avenue Parking Garage, Gainsboro Parking
Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road
Parking Garage, Bullitt Avenue Surface Parking Lot, Church Avenue Surface Parking
Lot, Gainsboro Surface Parking Lot, Salem Avenue Surface Parking Lot, Viaduct
Surface Parking Lot, and Williamson Road Surface Parking Lot; authorizing the City
Manager to modify, waive, or reduce such parking fees under certain conditions;
providing for assessment of certain fees for late payment or nonpayment of such
parking fees; and directing amendment of the Fee Compendium.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The parking fees for the Century Station Parking Garage sh=ll be
amended in accordance with the following schedule effective July 1, 2003:
246
Century Station Parking Garage
Monthly (unreserved)
Monthly (reserved)
Short Term 0-1/2 hr.
t/2 -1 hr.
1 -1 t/2 hrs.
1 Y2-2 hrs.
2- 2 ~/2 hrs.
2 '/2 - 3 hrs.
Over 3 hrs.
Enter Monday - Friday after 5:00 p.m.
Saturday and Sunday
$ 65.00
85.00
0.75
1.50
2.25
3.00
3.75
4.25
5.00
Free
Free
2. The parking fees for the Church Avenue Parking Garage shall
be amended in accordance with the following schedule effective July 1, 2003:
Church Avenue Parking Garage
Monthly (unreserved)S65.00
Short Term
0-1/2 hr.
~/2 -1 hr.
1- 11/2 hrs.
1%-2 hrs.
2 -2 % hrs.
2 t/2.3 hrs.
Over 3 hrs.
Enter Monday - Friday after
5:00 p.m.
Saturday and Sunday
$ 0.75
1.50
2.25
3.00
3.75
4.25
5.00
Free
Free
3. The parking fees for the Gainsboro Parking Garage shall be
amended in accordance with the following schedule effective July 1, 2003:
Gainsboro Parking Garage
Monthly (unreserved) $ 35.00
Short Term
0-112 hr. 0.50
t/2 - 1 hr. 1.00
I - 1 1/2 hrs. 1.50
I t/2 - 2 hrs. 2.00
2 - 2 t/2 hrs. 2.50
247
2 1/2 - 3 hrs.
3-3 % hrs.
Over 3 t/2 hrs
Enter Monday - Friday
after 4:00 p.m.
Saturday and Sunday
Monthly Student Rate
3.00
3.50
4.00
Free
Free
17.50
4. The parking fees for the Market Square Parking Garage shall
be amended in accordance with the following schedule effective July 1, 2003:
Market Square Parking Garage
Monthly (unreserved)
Monthly (reserved)
Short Term
0-1/2 hr.
~/2 -1 hr.
1 -1 ~A hrs.
1 1/2-2 hrs.
2 -2 ~/2 hrs.
2 ~/2 -3 hrs.
Over 3 hrs.
Monday- Friday between
5:00 p.m.-9:00 p.m.
Enter Monday - Friday after
9:00 p.m.
Saturday and Sunday
$ 65.00
85.00
0.75
1.50
2.25
3.00
3.75
4.25
5.00
2.00
Free
Free
5. The parking fees for the Tower Parking Garage shall be amended
in accordance with the following schedule effective July 1, 2003:
Tower Parking Garage
Monthly (unreserved)
Monthly (reserved)
Short Term
0-1/2 hr.
t/2 -1 hr.
1 -1 1/2 hrs.
1 ~/2-2 hrs.
2 -2 ~/2 hrs.
2%-3 hrs.
$ 65.00
85.00
0.75
1.50
2.25
3.00
3.75
4.25
248
Over 3 hrs.
Enter Monday - Friday
after 5:00 p.m.
Saturday and Sunday
5.00
Free
Free
6. The parking fees for the Williamson Road Parking Garage shall
be amended in accordance with the following schedule effective July 1, 2003:
Williamson Road Parking Garage
Monthly (unreserved)
Short Term
0-1/2 hr.
% -1 hr.
I -1 t/2 hrs.
1 t/=-2 hrs.
2 -2 ~/2 hrs.
2 %-3 hrs.
Over 3 hrs.
Enter Monday- Friday
after 5:00 p.m.
Saturday and Sunday
$ 65.00
0.75
1.50
2.25
3.00
3.75
4.25
5.00
Free
Free
7. The parking fees for the Bullitt Avenue Surface Parking Lot
(sometimes referred to as the "Park" lot) shall be amended in accordance with the
following schedule effective July 1, 2003:
Bullitt Avenue Surface Parking Lot
Monthly (unreserved)
Short Term
0-112 hr.
~/= -1 hr.
I -1 ~/2 hrs.
1%-2 hrs.
2 -2 % hrs.
2V2-3 hrs.
Over 3 hrs.
Enter Monday - Friday
after 5:00 p.m.
Saturday and Sunday
$ 43.00
0.75
1.50
2.25
3.00
3.75
4.50
5.00
Free
Free
249
8. The parking fees for the Church Avenue Surface Parking Lot
(sometimes referred to as the "Nickel" lot) shall be amended in accordance with the
following schedule effective July 1, 2003:
Church Avenue Surface Parking Lot
Monthly (unreserved)
Short Term
0-1/2 hr.
t/2 -1 hr.
1 -1 1/2 hrs.
1%-2 hrs.
2 -2 ¼ hrs.
2 1/2-3 hrs.
Over 3 hrs.
Enter Monday - Friday
after 5:00 p.m.
Saturday and Sunday
$ 65.00
0.75
1.50
2.25
3.00
3.75
4.25
5.00
Free
Free
9. The parking fees for the Gainsboro Surface Parking Lot shall be
amended in accordance with the following schedule effective July 1, 2003:
Gainsboro Surface Parking Lot
Monthly (un-reserved) $ 35.00
Short Term
0-1/2 hr. 0.50
¼ - 1 hr. 1.00
I - 1 1/2 hrs. 1.50
I t/2 - 2 hrs. 2.00
2 - 2 t/2 hrs. 2.50
2 ¼ - 3 hrs. 3.00
3 - 3 t/2 hrs. 3.50
Over 3 ¼ hrs. 4.00
Enter Monday - Friday
after 4:00 p.m. Free
Saturday and Sunday Free
Monthly Student Rate 17.50
10. The parking fees for the Salem Avenue Surface Parking Lot shall
be amended in accordance with the following schedule effective July 1, 2003:
250
Salem Avenue Surface Parking Lot
Monthly (unreserved)
Short Term
0-1/2 hr.
% -1 hr.
1 -1 t/2 hrs.
1%-2 hrs.
2-2 %hrs.
Over 2 t/2 hrs.
Enter Monday - Friday
after 5:00 p.m.
Saturday and Sunday
52.50
0.50
1.00
1.50
2.00
2.50
3.00
Free
Free
11. The parking fees for the Viaduct Surface Parking Lot shall be
amended in accordance with the following schedule effective July 1, 2003:
Viaduct Surface Parking Lot
Monthly (unreserved)
Short Term
0-1/2 hr.
~/2 -1 hr.
I -1%hrs.
1 ~/2 - 2 hrs.
2-2 ~/2 hrs.
2 ~/2 - 3 hrs.
Over 3 hrs.
Monday- Friday between
5:00 p.m.- 9:00 p.m.
Enter Monday - Friday
after 9:00 p.m.
Saturday and Sunday
$ 55.00
0.75
1.50
2.25
3.00
3.75
4.25
5.00
2.00
Free
Free
12. The parking fees for the Williamson Road Surface Parking Lot
shall be amended in accordance with the following schedule effective July 1,2003:
Williamson Road Surface Parking Lot
Monthly (unreserved)
.Short Term
0-1/2 hr.
t/2 -1 hr.
~ -1%hrs.
1%-2 hrs.
2 -2 % hrs.
$ 55.00
0.75
1.50
2.25
3.00
3.50
251
2 t/2- 3 hrs.
3 - 3 t/2 hrs.
Over 3 ¼ hrs.
Enter Monday - Friday
after 5:00 p.m.
Saturday and Sunday
4.00
4.50
5.00
Free
Free
13. The City Manager is hereby authorized to reduce any ~uch
parking fees for any of the above parking facilities by up to $10.00 in accordance
with the guidelines set forth in Attachment B to the City Manager's letter to Council
dated May 12, 2003.
14. The City Manager is hereby authorized to modify or waive the
parking fees for any of the above parking facilities for City sponsored events or other
special events, as the City Manager may deem appropriate, all as more particularly
set forth in the City Manager's letter to Council dated May 12, 2003.
15. Any payments of monthly parking fees received more than five
calendar days after such fees are due may be assessed a late fee of $5.00 per card
in addition to the monthly rate charged. Any payment of monthly parking fees
received more than fifteen calendar days after such fees are due is subject to a
$15.00 per access card reactivation fee, as set forth in the above mentioned letter.
16. Nonpayment of daily parking fees may subject violators to the
following fees; $10.00 if paid within the first seven days after the violation; $17.50
if paid within seven to fourteen days after the violation; and $25.00 if paid after
fourteen days after the violation.
17. The parking fees set forth herein will not be applicable to parking
agreements that provide for a specific parking fee or other method of payment for
a specified period of time unless otherwise provided for in such agreements or until
such agreements expire or are terminated, as set forth in the above mentioned letter.
18. The above mentioned fees, charges, and related matters will be
effective July 1, 2003.
252
19. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by the City Council by Resolution No. 32412-
032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect
the new fees to be charged at Century Station Parking Garage, Church Avenue
Parking Garage, Gainsboro Parking Garage, Market Square Parking Garage, Tower
Parking Garage, Williamson Road Parking Garage, Bullitt Avenue Surface Parking
Lot, Church Avenue Surface Parking Lot, Gainsboro Surface Parking Lot, Salem
Avenue Surface Parking Lot, Viaduct Surface Parking Lot, and Wiiliamson Road
Surface Parking Lot.'~ ~,~
Ma~ F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36312-051203.
AN ORDINANCE to adopt and establish a Pay Plan for officers and
employees of the City effective July 1,2003; providing for certain salary adjustments
and merit increases; authorizing annual salary increments for certain officers and
employees for use of private motor vehicles; authorizing annual salary increments
forsworn police officers assigned to the Criminal Investigation Division; authorizing
annual salary increments for certain members of the Fire-Emergency Medical
Services Department who are certified as Emergency Medical Technicians;
authorizing annual salary increments for certain members of the Fire-Emergency
Medical Services Department who are members of the Regional Hazardous Materials
Response Team; providing for continuation of a police career enhancement
program; providing for continuation of a Fireflghter/Emergency Medical Technician
merit pay program; providing for a Community Oriented Policing Effort program;
providing for payment of a monthly stipend to certain board and commission
members; establishing the annual salaries of the Mayor, Vice-Mayor and Council
members for the fiscal year beginning July 1,2004; repealing Ordinance No. 35847-
051302, adopted May 13, 2002, to the extent of any inconsistency; providing for an
effective date; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
253
1. Pursuant to §2-69, 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 1,2003, the Pay Plan hereinafter
set out in its entirety, which shall read and provide as follows:
CITY OF ROANOKE, VIRGINIA
PAY PLAN
July 1, 2003
Minimum Maximun
Pay Grade Annual Salary Annual Salary
04 $16,811.86 $25,218.18
05 17,652.70 26,479.18
06 18,976.10 28,464.28
07 20,441.46 30,662.58
08 22,585.16 33,877.74
09 24,956.10 37,434.02
10 27,578.46 41,367.56
11 29,520.92 44,281.64
12 32,915.48 49,373.48
13 36,701.86 55,052.66
14 40,921.66 61,382.10
15 45,627.66 68,441.88
16 51,540.06 77,309.96
17 57,466.76 86,200.40
18 64,075.44 96,112.90
19 72,330.96 108,496.18
20 80,648.88 120,973.58
21 89,923.60 134,885.40
2. The Pay Plan adopted by this Ordinance shall remain in effect
until amended by Council.
3. Pursuant to §2-68, Code of the City of Roanoke (197.o), as
amended, effective July 1,2003, 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 this City.
254
4. Performance increases, up to four and one quarter percent
(4.25%) of the employees' current base salary, may be awarded officers and
employees according to their performance scores. For officers and employees
appointed or hired after July 1,2002, performance increases shall be prorated based
on number of pay periods served pursuant to policies and procedures promulgated
by the City Manager.
5. If, after any applicable salary increases provided for in this
Ordinance, any officer's or employee's salary is below the applicable minimum for
his or her pay range, such officer's or employee's annual base salary shall be
adjusted to the applicable minimum.
6. Annual salary increments payable on a bi-weekly basis ars
provided 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
ANNUAL SALARYINCREMENT
Appraiser I
Appraiser II
Assistant City Managers
(unless City Manager has assigned a City vehicle
to the individual Assistant)
City Attorney
City Clerk
Deputy Director of Real Estate Valuation
Director of Civic Facilities
Director of Finance
Director of Real Estate Valuation
Municipal Auditor
Supervising Appraiser
Senior Tax Compliance Administrator
Water Pollution Control Plant Manager
$1,620.00
1,620.00
2,000.00
2,000.00
2,000.00
1,620.00
2,000.00
2,000.00
1,620.00
2,000.00
1,620.00
1,300.00
1,300.00
255
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
terminated as of the date of elimination of such requirement.
7. In order equitably to compensate sworn police officers assigned
to the Criminal Investigation Division and in lieu of provision by the Police
Department of uniforms and accessories, each such officer shall be accorded an
annual salary increment of $600.00 payable on a bi-weekly basis as a uniform
allowance.
8. Each employee of the Fire-Emergency Medical Services
Department hired by the City as a Firefighter prior to April 18, 1991, who has
received Emergency Medical Technician certification and actively participates in the
City's First Responder Program shall be accorded an annual salary increment of
$1,200.00 payable on a bi-weekly basis.
9. Each employee of the Fire-Emergency Medical Services
Department who has been certified to either the Specialist or Technician level for the
handling of hazardous materials and who is a member of the Regional Hazardous
Materials Response Team shall be accorded an annual salary increment of $1,200
payable on a bi-weekly basis.
10. The City Manager is authorized to continue a police career
enhancement program to provide pay incentives to police officers below the
supervisory level. Such program may include consideration for training, formal
education, experience, and specialized assignments. The annual pay supplement
shall range from $922 to $4,115 payable on a bi-weekly basis.
11. The City Manager is authorized to begin a Community Po!!cing
Specialist program to provide pay incentives to police officers. Such program may
include consideration for training and community participation. The annual pay
supplement is two percent (2%) of base salary.
12. The City Manager is authorized to continue a merit pay program
for Firefighter/Emergency Medical Technicians who attain a cardiac technician
certificate. The annual pay supplement shall be in the amount of $1,769 payable on
a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to
the provisions of Paragraph 8, above, then the employee shall, in addition to the EMT
stipend, receive the difference between such stipend and the merit pay authorized
hereby.
256
13. A pay stipend of $100.00 per month, or $1,200.00 annually, paid
bi-weekly, shall continue to be awarded to members of the City Planning
Commission and the Board of Zoning Appeals upon attainment of certification
through the Virginia Certified Planning Commissioner Program and the Virginia
Certified Board of Zoning Appeals Program, respectively. New appointees will be
required to attain certification within one year of the date of appointment.
14. When any salary increase provided in paragraphs 4, 10, f I or 12
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, such officer
or employee shall receive a salary increase only in such amount as will not exceed
the maximum pay range for such officer's or employee's position.
15. For the fiscal year beginning July 1, 2004, and ending June 30,
2005, and for succeeding fiscal years unless modified by action of this Council, the
annual salaries of the Mayor, Vice-Mayor and each member of Council shall be as
follows:
Mayor $19,050.00
Vice-Mayor and Council Members $14,816.00
The Mayor and members of Council shall continue to receive such other
benefits as have previously been authorized by Council.
16. To the extent of any inconsistency, Ordinance No. 35847-051302,
adopted May 13,2002, is hereby REPEALED.
17. Any increase in compensation due to any officer or employee due
under this ordinance shall be first paid beginning with the paycheck of July 2, 2003.
18. This provisions of this ordinance shall be in full force and effect
on and after July 1, 2003.
19. Puts. uant !o §12 of the Roan .o. ke City ChaEer, the second reading
by title paragraph of th~s ordinance is hereby d~spensed w~th.
Mary F. Parker Ralph K. Smith
Ci~ Clerk Mayor
257
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 12th day of May, 2003.
No. 36313-051203.
AN ORDINANCE establishing compensation for the Sheriff, Treasurer,
Commissioner of Revenue, Commonwealth's Attorney, and Clerk of Circuit Court for
the fiscal year beginning July 1, 2003; authorizing execution of revised contracts
witl~ the Sheriff, Treasurer, Commissioner of Revenue and Clerk of Circuit Court
with respect to their employees participating in the City's Classification and Pay
Plans, to reflect a revised method for establishing the compensation of ~hese
officers; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. As of July 1, 2003, for the fiscal year beginning July 1, 2003, and
ending June 30, 2004, and for succeeding fiscal years unless modified by ordinance
duly adopted by this Council, the annual salaries of the City's Constitutional officers
shall be their current salaries, (which are based on the salaries for their offices as
authorized in the 2003 Appropriations Act of the Commonwealth (all of which, with
the exception of the Clerk of the Circuit Court are for such officers serving
populations of 100,000 to 174,999)) plus 2.25%, totaling as follows:
Sheriff
Treasurer
Commissioner of Revenue
Commonwealth's Attorney
Clerk of Circuit Court
$ 90,937.00
$ 84,955.00
$ 84,955.OO
$112,752.00
$101,296.00
2. Any increase in compensation due to any officer or employee
under this Ordinance shall be first paid with the paycheck of July 2, 2003.
3. On and after January 1, 2004, each Constitutional Officer shall
have added to his annual salary the sum of $3,750, which sum has heretofore been
paid annually to the ICMA in a lump sum on behalf of each Constitutional Officer as
deferred compensation. After January 1, 2004, such payments to the ICMA will
cease, and the $3,750 will be paid to each Constitutional Officer in equal bi-weekly
amounts as part of the Constitutional Officer's regular salary.
258
4. The City Manager is hereby authorized, for and on behalf of the
City, in order to implement this ordinance and to provide for the pay increase
authorized herein, to execute revised contracts with the Commissioner of Revenue,
Treasurer, Sheriff, and Clerk of Circuit Court, pertaining to their employees
participating in the City's Classification Plans; this ordinance shall not take effect
with regard to any such officer's salary until such revised contract has been
executed by him.
5. It is the intent of Council that, in future years, the Constitutional
Officers will receive the average percentage increase approved by City Council for
City employees.
6. This ordinance shall remain in effect until amended or repealed
by ordinance duly adopted by City Council.
7. Pursuant to §12 of the Roanoke City Charter, the second reading
by title paragraph of this ordinance is hereby dispensed with.
Mary F. Parkei~ ·
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36314~51203.
AN ORDINANCE adopting the annual General Fund Appropriations of
the City of Roanoke for the fiscal year beginning July 1, 2003, and ending June 30,
2004; and dispensing with the second reading by title of this ordinance.
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, 2003, and ending June 30, 2004,
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:
Revenues
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 Revenues
Appropriations
Treasurer
Clerk of Circuit Court
Juvenile and Domestic Relations
Court Services
Juvenile and Domestic Relations
Court Clerk
Magistrate
General District Court
Circuit Court
Commissioner of the
Reven u e
Sheriff
Jail
Commonwealth's Attorney
Cost Collections Unit
City Council
City Attorney
City Clerk
Real Estate Valuation
Board of Equalization
$1,925,541.00
11,592,161.00
$1,185,033.00
68,836.00
$ 989,178.00
20,257.00
259
$83,500,217.00
60,866,657.00
907,302.00
1,296,130.00
1,093,091.00
45,711,128.00
34,300.00
10,975,195.00
416,874.00
$ 204,800,894.00
$820,058.00
1,105,291.00
1,629,873.00
29,489.00
3,071.00
34,750.00
437,809.00
841,048.00
13,517,702.00
1,253,869.00
237,027.00
814,5U5.00
505,112.00
1,009,435.00
Municipal Auditing 500,886.00
260 -
Department of Finance
Office of Billings and Collections
$1,705,285.00
1,222,279.00
Residual Fringe Benefits
Miscellaneous
Transfers to School Fund
Transfers to Greater Roanoke
Transit Company
Transfers to Debt Service Fund
Transfer to Other Funds
Electoral Board
Office of Communications
City Manager
Memberships and Affiliations
Personnel Lapse
Contingency
Roanoke Arts Commission
Economic Development
Human Resources
Occupational Health Clinic
$1,058,304.00
343,761.00
Department of Management and Budget
E911 Center
E911 Wireless
Telecommunications
$ 2,096,584.00
217,544.00
558,707.00
Director of General Services
Management Services
Purchasing
$147,585.00
103,116.00
283,010.00
Custodial Services
Building Maintenance
$1,084,879.00
3,305,746.00
Fire Administration
Fire Support
Fire Operations
Fire Airport Rescue
Emergency Medical Services
695,653.00
670,239.00
12,016,172.00
735,034.00
2,079,682.00
2,927,564.00
1,912,991.00
100,000.00
48,889,446.00
1,030,451.00
15,342,832.00
6,118,417.00
277,825.00
311,233.00
743,204.00
2,275,056.00
(1,001,481.00)
1,343,121.00
322,482.0O
597,290.00
1,402,065.00
810,184.00
2,872,835.00
533,711.00
4,390,625.00
16,196,780.00
Director of Public Works
Transportation - Streets and Traffic
Transportation - Paving
Transportation. Snow Removal
Transportation - Street Lighting
Transportation -
Engineering & Operations
Solid Waste Management
Engineering
Planning and Development
Building Services
Neighborhood Partnership
Citizens Service Center
Housing and Neighborhood Services
Parks
Recreation
Parks & Recreation Administration
Parks & Recreation Youth Services
Director of Human
Services/Social Services
Income Maintenance
Social Services - Services
Revenue Maximization
Employment Services
Foster Parent Training
Human Services Support
Virginia Institute for Social Services
Training Activities
Hospitalization
Outreach Detention
Youth Haven
Crisis Intervention
Health Department
Mental Health
Human Services Committee
262,085.00
4,078,314.00
2,074,983.00
257,632.00
944,963.00
1,352,344.00
5,954,862.00
1,498,885.00
$1,073,486.00
685,170.00
$143,008.00
96,192.00
1,140,513.00
$2,718,984.00
1,415,291.00
1,002,035.00
274,05O.0O
$1,375,933.00
4,723,104.00
9,253,957.00
49,359.00
1,201,643.00
111,915.00
112,847.00
$224,377.00
536,558.00
514,156.00
261
16,424,068.00
1,758,656.00
1,379,713.00
5,410,360.00
16,828,758.00
344,059.00
77,897.00
1,275,091.00
1,139,300.00
417,617.00
540,159.00
262
Total Action Against Poverty
Comprehensive Services Act (CSA)
CSA - Administration
Virginia Cooperative Extension Service
224,742.00
8,871,302.00
64,246.00
68,989.00
Police Administration
Police Investigation
Police Patrol
Police Services
Police Training
Police Animal Control
$ 448,091.00
2,647,863.00
9,960,008.00
2,753,547.00
473,536.00
637,623.00
16,920,668.00
Libraries
Law Library
$ 2,609,811.00
126,940.00
2,736,751.00
Environmental and Emergency Management
Total Appropriations
181,882.00
$ 204,800,894.00
2.. That. all salaries an.d .wages covered by the Pay P. lan, paid from
the appropriations herein, shall be pa,d m accordance with the prov,sions thereof;
3. That !.his ord!nance shall be known and cited as the 2003-04
General Fund Appropriation Ordinance; and
.
4. Pursuant to the pr.o.v,sions of Section 12 of th.e City Charter, the
second reading of this ordinance by t,tle is hereby dispensed with..... .
Mary F. Parke! / Ralph K. Smith
City Clerk Mayor
263
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 12th day of May, 2003.
No. 36315-051203.
AN ORDINANCE adopting the annual Water Fund Appropriations of the
City of Roanoke for the fiscal year beginning July 1,2003, and ending June 30, 2004;
and dispensing with the second reading by title of this ordinance.
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 1,2003, and ending June 30, 2004, 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:
Revenues
Operating
Non-Operating
$14,235,299.00
276,000.00
Total Revenues
$14,511,299.00
Appropriations
Utility Administration
General Operating Expenses
Water Pumping Station and Tanks
Water Purification
Utility Line Services
Depreciation/Capital Outlay
Debt Service
394,138.00
1,778,490.00
903,185.00
2,261,799.00
3,363,624.00
2,975,946.00
2,834,177.00
Total Appropriations
$14,511,299.00
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 2003-04
Water Fund Appropriation Ordinance; and
264
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with. ~/
Ma~F.0'~ / Ralph K. Smith
arker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36316-051203.
AN ORDINANCE adopting the annual Water Pollution Control Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
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 Pollution Control Fund in the fiscal year beginning July 1, 2003, and ending
June 30, 2004, shall constitute a Water Pollution 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:
Revenues
Operating
Non.Operating
$11,175,439.00
170,200.00
Total Revenues $11,35,639.00
265
Appropriations
Administration
Maintenance
Operations
Laboratory
Lateral maintenance and Replacement
Depreciation/Capital Outlay
Debt Service
$2,460,272.00
1,296,124.00
2,575,111.00
179,715.00
1,924,651.00
130,053.00
2,779,713.00
Total Appropriations
$11,345,639.00
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 2003-04
Water Pollution Control Fund Appropriation Ordinance; and
4. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
MaryF. Pa~r er
Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36317-051203.
AN ORDINANCE adopting the annual Civic Facilities Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
266 -
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
Facilities Fund in the fiscal year beginning July 1, 2003, and ending June 30, 2004,
shall constitute a Civic Facilities 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:
Revenues
Operating
Non-Operating
$4,158,362.00
1,083,685.00
Total Revenues
$5,242,047.00
AnoroDriations
Operating Expenses
Promotional Expenses
Concessions
Catering
Victory Stadium
Depreciation/Capital Outlay
Debt Service
$2,975,195.00
581,574.00
533,965.00
229,933.00
285,321.00
53,616.00
582,443.00
Total Appropriations
$ 5 242 047.00
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 2003-04
Water Pollution Control Fund Appropriation Ordinance; and
267
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
M/ar~ F.~Par¢~ker ~'
Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36318-051203.
AN ORDINANCE adopting the annual Parking Fund Appropriations of
the City of Roanoke for the fiscal year beginning July 1, 2003, and ending June 30,
2004; and dispensing with the second reading by title of this ordinance.
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
Parking Fund in the fiscal year beginning July 1, 2003, and ending June 30, 2004,
shall constitute a Parking 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:
Revenues
Operating
Non-Operating
$2,576,984.00
2,845,800.00
Total Revenues $5,422,784.00
268
AoDroDriations
Parking Coordination
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Gainsboro Parking Garage
Church Avenue Surface Lot
Bullitt Avenue Surface Lot
Salem Avenue Surface Lot
Gainsboro Surface Lot
Norfolk Avenue Surface Lot
Williamson Road Surface Lot
Debt Service
$ 49,785.00
150,300.00
244,401.00
121,945.00
333,500.00
225,740.0O
104,576.00
11,231.00
39,352.00
8,105.00
18,859.00
19,857.00
29,970.00
4,065,163.00
Total Appropriations
$ 5,422,734.00
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 2003-04
Water Pollution Control Fund Appropriation Ordinance; and
4. Pursuant to the pr.o. visions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with. ,, ~ j
~ ~~ ~' ~ Ral~K. Smith
Ma~ F. ParkeF ~alp .
CiW Clerk Mayor
269
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36319-051203.
AN ORDINANCE adopting the annual Market Building Operations Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
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
Market Building Operations Fund in the fiscal year beginning July 1, 2003, and
ending June 30, 2004, shall constitute a Market Building Operations 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:
Revenues
Operating $329,043.00
Total Revenues $329,043.00
Appropriations
Operating $329,043.00
Total Appropriations $ 329,043.00
2. That this ordinance shall be known and cited as the 2003-04
Market Building Operations Fund Appropriation Ordinance; and
270
3. Pursuant to the provisions of Section 12 of the City Charter, the
is hereby dispensed with.
second reading of this ordinance by titleATTEST:.~' ~APPROVED ~~
Mary F.
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36320-051203.
AN ORDINANCE adopting the annual Department of Technology Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
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
Department of Technology Fund in the fiscal year beginning July 1,2003, and ending
June 30, 2004, shall constitute a Department of Technology 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:
Revenues
Operating
Non-Operating
$4,954,133.00
563,052.00
Total Revenues $5,517,185.00
271
Appropriations
Operating Expenses
Depreciation/Capital Outlay
Debt Services
$ 4,814,600.00
541,338.00
161,247.00
Total Appropriations
$ 5,517,185.00
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 2003-04
Department of Technology Fund Appropriation Ordinance; and
4. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary~F P~a er
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36321-051203.
AN ORDINANCE adopting the annual Fleet Fund Appropriations of the
City of Roanoke for the fiscal year beginning July 1,2003, and ending June 30, 2004;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
272
1. That all money that shall be paid into the City Treasury for the Fleet
Fund in the fiscal year beginning July 1, 2003, and ending June 30, 2004, shall
constitute a Fleet 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:
Revenues
Operating
Non-Operating
$4,691,494.00
567,521.00
Total Revenues
$5,259,015.00
Appropriations
Operating Expenses
Debt Services
Depreciation/Capital Outlay
$ 3,149,338.00
557,522.00
1,552,155.00
Total Appropriations
$ 5,517,185.00
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 2003-04 Fleet
Fund Appropriation Ordinance; and
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ~f
ATTEST:~~ ~, ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
273
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36322-051203.
AN ORDINANCE adopting the annual Risk Management Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
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 Risk
Management Fund in the fiscal year beginning July 1, 2003, and ending June 30,
2004, shall constitute a Risk Management 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:
Revenues
Operating
Non -Operating
$12,036,920.00
215,000.00
Total Revenue
$12,251,920.00
Appropriations
Risk Management Administration
Risk Management- Other Expenses
$1,001,920.00
$13,037,704.00
Total Appropriations
~4.00
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 2003-04 Risk
Management Fund Appropriation Ordinance; and
274
^PPROVE
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36323~51203.
AN ORDINANCE adopting the annual School Fund Appropriations of the
City of Roanoke for the fiscal year beginning July 1,2003, and ending June 30, 2004;
and dispensing with the second reading by title of this ordinance.
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, 2003, and ending June 30, 2004,
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:
Revenues
Grants-in-Aid Commonwealth
State Sales Tax (ADM)
Grants-in-Aid Federal Government
Other School Revenue
Interest on Investments
Transfer from General Fund
$44,486,858.00
9,162,397.00
119,048.00
2,104,608.00
100,000.00
48,889,446.00
Total Revenues
$ 104,862,357.00
Appropriations
Instruction
Administrative Services
Attendance and Health Services
Transportation
Operation/Maintenance of Plant
Facilities
Other Uses of Funds
Total Appropriations
School Grants
Revenues
Title I
Even Start
Title I Delinquent
Comprehensive School Reform
Title V-A
Title II-A
Title III
Governor's School
Flow Through
Child Specialty Services
Juvenile Detention Home
Preschool Incentive
Special Education Jail Program
Special Education Capacity Building
Adult Basic Education
Apprenticeship
Perkins Act
Regional Adult Education Spec.
Regional Adult Literacy
GED Testing
Workplace Education
Regional Adult Basic Education
Adult Education in the Jail
Alternative Education
Drug Free Schools
Roanoke Adolescent Health Partnership
275
80,091,243.00
2,629,478.00
1,468,940.00
4,249,038.00
10,773,172.00
388,805.00
5,261,681.00
$104,862,357.00
$ 4,295,154.00
112,500.00
55,252.00
200,000.00
126,276.00
1,042,150.00
50,000.00
1,392,408.00
2,534,815.00
72,264.00
477,260.00
136,069.00
170,173.00
42,165.00
222,076.00
125,897.00
413,397.00
35,000.00
212,271.00
18,612.00
26,913.00
58,595.00
22,041.00
1,447,622.00
138,724.00
159,071.00
276
Grants Management
Homeless Grant
Schools Instructional Technology
Enhance Education Through Technology
Total Revenues
Appropriations
Title I
Even Start
Title I Delinquent
Comprehensive School Reform
Title V-A
Title II-A
Title Ill
Governor's School
Flow Through
Child Specialty Services
Juvenile Detention Home
Preschool Incentive
Special Education Jail Program
Special Education Capacity Building
Adult Basic Education
Apprenticeship
Perkins Act
Regional Adult Education Spec.
Regional Adult Literacy
GED Testing
Workplace Education
Regional Adult Basic Education
Adult Education in the Jail
Alternative Education
Drug Free Schools
Roanoke Adolescent Health Partnership
Grants Management
Homeless Grant
Schools Instructional Technology
Enhance Education Through Technology
78,000.00
40,000.00
856,000.00
121,695.00
4,682,350.00
4,295,154.00
112,500.00
55,252.00
200,0O0.0O
126,276.00
1,042,150.00
50,000.00
1,392,408.00
2,534,815.00
72,264.00
477,260.00
136,069.00
170,173.00
42,165.00
222,026.00
125,897.00
413,397.00
35,000.00
212,271.00
18,612.00
26,913.00
58,595.00
22,041.00
1,447,622.00
138,724.00
159,071.00
78,000.00
40,000.00
856,000.00
121,695.00
Total Appropriations $14,682,350.00
277
2. That this ordinance shall be known and cited as the 2003.04
School Fund Appropriation Ordinance; and
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
~.p~a or/ATZEST:. APPROVED~ ~Ral~~
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36324-051203.
AN ORDINANCE adopting the annual School Food Services Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
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 Food Services Fund in the fiscal year beginning July 1, 2003, and ending
June 30, 2004, shall constitute a School Food 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:
Revenues
Grants-in.Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
$85,171.00
3,046,779.00
1,726,308.00
Total Revenues $4,858,258.00
278
Appropriations
Food Services $4,858,258.00
Total Appropriations $4,858,258.00
2. That this ordinan.ce shall be known and cited as the 2003-04
School Food Services Fund Appropriation Ordinance; and
.3. pu. rsua.n.t to the provisions of Sec!ion 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed
ATTEST: ~'~
Mary F. Park~'r Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36325-051203.
AN ORDINANCE adopting the Grant Fund Appropriations of the City of
Roanoke for the fiscal year beginning July 1, 2003, and ending June 30, 2004; and
dispensing with the second reading by title of this ordinance.
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 Grant
Fund in the fiscal year beginning July 1, 2003, and ending June 30, 2004, shall
constitute a Grant 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:
279
Revenues
Virginia Juvenile Community Crime Control Act
$91,000.00
Total Revenues
$91,000.00
Appropriations
Enhanced Community Services-Court Services Unit
$91,000.00
Total Appropriations
$91,000.00
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 2003-04 Grant
Fund Appropriation Ordinance; and
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36326-051203.
A RESOLUTION authorizing the City Manager to submit an approved
Annual Update to the Consolidated Plan for FY 2003-2004 to the United States
Department of Housing and Urban Development (HUD) for final review and approval,
and authorizing execution of the appropriate documents for the acceptance of such
funding.
280
WHEREAS, the United States Department of Housing and Urban
Development (HUD) requires that entitlement localities such as the City of Roanoke
submit a 5-Year Consolidated Plan, with Annual Updates, in order to receive
Community Development Block Grant (CDBG) funding, HOME Investment
Partnership (HOME) funding, and Emergency Shelter Grant (ESG) funding;
WHEREAS, the current 5-Year Consolidated Plan for the City of Roanoke
will expire on June 30, 2005;
WHEREAS, citizen input has been received and considered on three
occasions: November 14, 2002, March 27 and May 1, 2003, on the 5-Year
Consolidated Plan; and
WHEREAS, the Plan must be approved by this Council and received by
HUD by May 15, 2003, to ensure timely receipt of new entitlement funds.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager, or the City Manager's designee, is hereby authorized, for and
on behalf of the City, to submit the approved 5-Year Consolidated Plan to HUD for
review and approval, and to execute the appropriate documents with HUD for receipt
of such entitlement funds, said documents to be approved as to form by the City
Attorney.
ATTEST: ,~ / ~/'//~// ~ ~
Mary F.'~ /' Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36327-051203.
A RESOLUTION endorsing the update to the Capital Improvement
Program submitted by the City Manager by letter of May 12, 2003.
281
WHEREAS, by letter of May 12, 2003, and the attachments to such letter,
the City Manager and Director of Finance have presented an update to the City's
5-Year Capital Improvement Program for Fiscal Years 2004-2008, in the
recommended Resource Allocation Plan totaling $323,433.304. Additions for Fiscal
Year 2004 consist of funding for Municipal North Renovation in the amount of
$2,000,000, for Public Works Service Center. Phase II Improvements in the amount
of $1,000,000, and for Storm Water Management - Phase I in the amount of
$11,000,000, for the Church Avenue West Parking Garage in the amount of
$7,200,000, for the Roanoke Centre for Industry and Technology - Phase V in the
amount of $1,750,000, for the Roanoke River Flood Reduction Project in the amount
of $4,521,169, and for the Roanoke Centre for Research and Technology - Phase II
in the amount of $9,105,000, totaling $36, 576, 169, which represents an investment
in the future of Roanoke and offers the City the opportunity to significantly improve
its facilities and physical resources while strengthening the City's economic base;
WHEREAS, the Program will require additional funding totaling $36,
576,169 and the funding recommendation proposed is affordable and consistent with
previous discussions by City Council and actions taken by City Council; and
WHEREAS, this Council is desirous of endorsing the recommended
update to the City's Capital Improvement Program;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that this Council endorses and concurs in the recommendations of the City Manager
and Director of Finance for a certain update to the 5-year Capital Improvement
Program for the City of Roanoke for Fiscal Years 2004-2008, and the related funding
recommendations, as set out in the letter of the City Manager, dated May 12, 2003,
and the attachments to such report.
APPROVED ~j
ATTEST:A _~"~? j~° ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
282 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2Q03.
No. 36328~51203.
AN ORDINANCE to amend and reordain certain section of the 2003-2004
Capital Projects Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Capital Projects Funds Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part.
Appropriations
Public Safety
Fire/EMS Facility Improvements
Program(I) .........................................
$8,576,083.00
1,280,120.00
Streets and Bridges
Bridge Maintenance(2) ................................
27,600,007.00
1605430.00
Storm Drains
NPDES Phase 2 (3) ...................................
3,716,105.00
459,274.00
Traffic Engineering
Traffic Calming Initiatives(4) ...........................
Traffic Signal Systems(5) .............................
5,931,178.00
381,870.00
475,548.00
Revenue
Non-operating
Transfer from General Funds(6) ..........................
981,102.00
981,102.00
01Appropriatedfrom
General Revenue
(008-530-9678-9003)
$341,280.00
02 Appropriated from
General Revenue
(008~52-9549-9003)
150,000.00
03 Appropriated from
General Revenue
04 Appropriated from
General Revenue
05 Appropriated from
General Revenue
06 Appropriated from
General Revenue
(008-530-9736-9003)
(008-530-9799-9003)
(008-530-9800-9003)
(008-110-1234-1037)
199,274.00
145,000.00
145,548.00
981,102.00
283
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F.
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 12th day of May, 2003.
No. 36329~51203.
AN ORDINANCE providing for certain supplemental benefits under the
City of Roanoke Pension Plan to certain members of such Plan and certain of the
surviving spouses; providing for an effective date; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the city of Roanoke as follow=:
284
1. The retirement allowance payable on account of certain members
of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired
on or before July 1, 2002, shall effective July 1, 2003, be increased by one and four
tenths percent (1.4%) of itself, not including any incentive payments made under the
Voluntary Retirement Incentive program established by Ordinance No. 30473-41591,
adopted April 15, 1991, and not including any Retirement Supplement, as provided
for in §22.2-61, Retirement Supplement, of the Code of the City of Roanoke (1979),a
s amended ( hereinafter "City Code"), calculated as of July 1, 2003.
2. The increase in benefits provide for in Paragraph 1 of this ordinance
shall apply to the following categories of persons entitled to receive benefits under
the City of Roanoke pension Plan only:
Any members of the Employees' Supplemental
Retirement System hereinafter "ESRS") or of the
Employees' Retirement System (hereinafter "ERS")
retired under §22.2-43, Normal Services Retirement,
or .under §22.2-47, Retirement and Service
Ret,rement Allowance Generally, respectively, of the
City Code.
Any members of ESRS or ERS retired under § 22.2-
50, Nonoccupational Disability Retirement
Allowance, of the City Code; or
Any member of ESRS or ERS retired under § 22.2-
51, Occupational Disability Retirement Allowance,
of the City Code; or
Any member of the ESRA retire under§ 22.2-44,
Early Service Retirement Allowance, or §22.2-45,
Vested Allowance, or any member of ERS retired
under §22.2-48, Early Service Retirement
Allowance,or §22.2-49, Vested Allowance, of the
City Code; or
Any surviving spouse of a member, provided such
surviving spouse is entitled to benefits under
Article IX, Payment of Benefits, of Chapter 22.2 ,
Pensions and Retirement, of the City Code, and
further provided that the decreased member
through whom the surviving spouse is entitled to
benefits would qualify, if alive, under paragraph
2.a., 2.b., 2.c., or 2.d., of this ordinance; or
Any member retired under § 22.2-75, Pensions for
Members of Police and Fire Departments as of
December 31, 1945, of Chapter 22.2, Pensions and
Retirement of the City Code or the surviving spouse
of any such member.
3. This ordinance shall be in full force and effect on July 1, 2003.
4. Pursuant to the provisions of Section 12 of the Roanoke City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
ATTEST:J' ~~
Mary F, Parker Ralph K. Smith
City Clerk Mayor
286 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36330-051903.
A RESOLUTION appointing Beverly T. Fitzpatrick, Jr., to fill the
unexpired term of William H. Carder.
WHEREAS, there exists a vacancy on City Council, arising from the
resignation of William H. Carder, effective May 16, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that, pursuant to the provisions of §4 of the Roanoke City Charter, 1952, this Council
hereby appoints Beverly T. Fitzpatrick, Jr., to fill the unexpired term of William H.
Carder, which term expires on June 30, 2004.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36331-051903.
A RESOLUTION adopting a new policy and procedure with respect to
processing requests from non-profit organizations to have their property exempted
from taxation pursuant to Article X, §6(a)(6), of the Constitution of Virginia; and
repealing Resolution No. 36148-120202, adopted December 2, 2002.
287
WHEREAS, on November 5, 2002, an amendment to the Constitution of
Virginia was approved by the electorate and transfers the responsibility of
determining tax exempt status of properties of certain non-profit organizations from
the General Assembly to the local governing bodies of the Commonwealth;
WHEREAS, by Resolution No. 36148-'120202, adopted on December 2,
2002, Council adopted a new policy and procedure with respect to requests from
non-profit organizations to exempt property from taxation pursuant Article X,
§6(a)(6), of the Constitution of Virginia; and
WHEREAS, House Bill 1750 enacted by the 2003 Session of the General
Assembly implementing the above-referenced Constitutional amendment, requires
certain amendments to the City's policy and procedure for providing such reports.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Resolution No. 31648-120202, adopted on December 12, 2002,
adopting a new policy and procedure with respect to requests for property tax
exemption be, and it is, hereby REPEALED.
2. City Council hereby adopts and approves a new policy and
procedure in connection with requests from non-profit organizations for tax
exemption of certain property in the City by adopting the Process for Determination
of Property Tax Exemption, dated May 19, 2003, and attached to the City Manager's
letter of May 19, 2003, recommending adoption of this procedure.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
288 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36332-051903.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Capital Projects and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects and Grant Funds Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
Capital Projects Fund
Aporor~riations
Nondepartmental
Transfer to Other Funds (1) .........................
Recreation
Lick Run Greenway (2) .............................
$ 2,003,070.00
2,003,070.00
25,762,128.00
1,004,540.00
Grant Fund
ADDrooriations
Parks, Recreation and Cultural
Hazard Mitigation (3-4) .............................
191,400.00
161,400.00
Revenues
Parks, Recreation and Cultural
Hazard Mitigation (5-6) .............................
191,400.00
161,400.00
289
1) Transfer to Grant Fund
2) Appropriated from
General Revenue
3) Appropriated from
GeneraJ Revenue
4) Appropriated from
State Grant Fund
5) State Grant Receipts
6) Local Match
(008-530-9712-9535)
(008-530 -9754-9003)
(035-530-3510-9003)
(035-530-3510-9007)
(035-530-3510-3511)
(035-530-3510-3510)
$ 8,070.00
(8,070.00)
8,070.00
153,330.00
153,330.00
8,070.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The '19th day of May, 2003.
No. 36333-051903.
AN ORDINANCE authorizing the acquisition and demolition of certain
property located at 1428 10th Street, which is subjective to repetitive flooding, under
the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant
Program and the Commonwealth of Virginia Department of Emergency
Management's (VDEM) Hazard Mitigation Grant Program, upon certain terms and
conditions; authorizing the closing of the 10th Street Hazard Mitigation Grant
Program; and dispensing with the second reading by title of this ordinance.
290 -
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute the necessary
documents, upon form approved by the City Attorney, to acquire the real property
located at 1428 10th Street, bearing Official Tax Nos. 2130614 and 2130615, owned
by Mr. Ali Ababseh, subject to the City obtaining an acceptable title report, for the
consideration of $100,000.00, under the Federal Emergency Management Agency's
(FEMA) Hazard Mitigation Grant Program and the Commonwealth of Virginia
Department of Emergency Management's (VDEM) Hazard Mitigation Grant Program,
and to demolish the structure located thereon, upon the terms and conditions
contained in the City Manager's May 19, 2003, letter to City Council.
2. Upon completion ofthe demolition of the structure located on this
property, the 10th Street City Hazard Mitigation Grant Program is to be closed in
accordance with the requirements of the Federal Emergency Management Agency.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36334-051903.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General and Civic Center Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
291
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Civic Center Funds Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
General Fund
A;)Dropriations
Nondepartmental
Transfer to Other Funds (1-2) ........................
$ 75,431,479.00
74,254,754.00
Civic Center Fund
Ai)Dro~)riatJons
Capital Outlay
Civic Center Expansion/Renovation Phase II (3) .........
4,915,862.00
1,403,000.00
Revenues
Transfer from General Fund (4) ........................
1,555,630.00
1) Transfer to
Capital Projects Fund
2) Transfer to
Civic Center Fund
3) Appropriated to
General Revenue
4) Transfer from
General Revenue
(001~50-9310~508) $
(001-250-9310-9505)
(005-550-8616~003)
(005-110-1234-0951)
(400,000.00)
400,000.00
400,000.00
400,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
292 --
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36335-051903.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
General Fund
Aporonriations
Nondepartmental
Transfer to Other Funds (1) ........................
Contingency - General Fund (2) ....................
$ 75,431,479.00
74,262,947.00
110,976.00
Grant Fund
A_oDroDriations
Community Development
Regional Competitiveness Program (3) ..............
4,600,548.00
85,056.00
Revenues
Community Development
Regional Competitiveness Program (4-6) ............
1) Transfer to Grant Fund
2) Contingency
3) Fees for Professional
Services
4) State Grant
(001-250-9310-9535)
(001-300-9410-2199)
(035-410-9750-2010)
(035-410-9750-9753)
$ 8,193.00
(8,193.00)
23,856.00
7,470.00
4,600,548.00
85,056.00
293
5) Local Match - City
6) Local Match - County
(035-410-9750-9751)
(035-410-9750.9752)
$ 8,193.00
8,193.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 29th day of May, 2003.
No. 36336-051903.
A RESOLUTION authorizing a six-month extension of an Agreement that
became effective April 1,2002, with Kaufman and Canoles Consulting, LLC ("KCC"),
for air service enhancement activities, accepting funds from the Fifth Planning
District Regional Alliance and a commitment for funds from Roanoke County, and
concurring with the determination of the Director of General Services that KCC is the
only sou rce practicably available to perform such air service enhancement activities.
WHEREAS, the City and KCC have entered into an Agreement that
became effective April 1,2002 ("Agreement"), for air service enhancement activities;
WHEREAS, because of the importance of the services provided by KCC,
the City believes that the Agreement should be extended for six (6) months from
April 1, 2003, with an option to further extend the Agreement on a month-to.month
basis for up to an additional six (6) months;
294
WHEREAS, the Director of General Services has determined that KCC
is the only source practicably available to continue such air service enhancefnent
activities due to the extensive involvement and experience of KCC to date in
assisting with the establishment of the Roanoke Regional Airport Alliance and
representing the City to the business community and potential air carriers, and the
steep learning curve involved in performing such activities;
WHEREAS, Council concurs in the determination of the Director of
General Services on the sole source determination; and
WHEREAS, the Fifth Planning District Regional Alliance has been
asked to make available to the City $7,470.00 for the extension of the Agreement, and
Roanoke County has agreed to share equally with the City the costs of extending the
Agreement in an amount equal to $8,193.00.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. For the reasons set forth in the City Manager's letter dated
May 19, 2003, to Council, Council does hereby concur in the determination of the
Director of General Services that Kaufman and Canoles Consulting, LLC, is the only
source practicably available to provide continued air service enhancement activities.
2. The City Manager and the City Clerk are authorized to execute and
attest, respectively, for and on behalf of the City, upon form approved by the City
Attorney, Amendment No. 1, extending the Agreement that became effective April 1,
2002, with Kaufman and Canoles Consulting, LLC, for six (6) additional months, at
an additional cost of $23,856.00, with an option to extend the Agreement, as
amended, on a month-to-month basis for up to an additional six (6) months, for
continued air service enhancement activities, all as more fully set forth in the above-
referenced letter.
295
3. The City Manager is authorized to accept $7,470.00 from the Fifth
Planning District Regional Alliance and $8,193.00 from Roanoke County on the terms
and conditions, and for the purpose, set forth in the above-referenced letter.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36337-051903.
A RESOLUTION authorizing an agreement with the Roanoke Valley
Convention and Visitors Bureau for the purpose of increasing tourism in the
Roanoke Valley.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to
execute and to attest, respectively, an agreement with the Roanoke Valley
Convention and Visitors Bureau for a term of one year, from July 1, 2003, through
June 30, 2004, unless sooner terminated in accordance with the provisions of the
agreement, for the purpose of increasing tourism and marketing the Roanoke Valley
as a regional destination for convention, conference, leisure and business travel, all
as more fully set forth in the City Manager's letter to this Council dated May 19, 2003.
2. The contract amount authorized by this resolution shall not
exceed $847,440.00 without further Council authorization, except for the adjustment
which the Director of Finance is authorized to make in accordance with the
agreement.
296
3. Such agreement shall be in such form as is approved by the City
Attorney, and shall be substantially similar to the one attached to the above
mentioned letter.
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36338-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Department of Technology Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that ce,-tain
sections of the 2002-2003 Department of Technology Fund Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay
Enterprise Project Management System (1) ...............
Regional Library Test Server (2-3) .......................
Revenues
$ 13,418,708.00
45,267.00
48,947.0O
Nonoperating 34,214.00
DOT - Salem and County (4) ............................ 34,214.00
297
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Appropriated from
Other Governments
4) DOT - Salem and County
(013-430-9858-9003)
(013-430-9887-9003)
(013-430-9887-8999)
(013-430-9887-1069)
$ (14,733.00)
14,733.00
34,214.00
34,214.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36339-051903.
AN ORDINANCE authorizing the City Manager to enter into a lease
agreement with Kirk Avenue Properties, LLC, or its successor, for office space at
114B Kirk Avenue for a training facility and 120 West Kirk Avenue for the
Occupational Health Clinic, upon certain terms and conditions; and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, for and on behalf of the City, in form approved by the City
Attorney, a lease agreement with Kirk Avenue Properties, LLC, or its successor, for
2,525:!: square feet of office space at 120 West Kirk Avenue, S.W., for use by the
298
Occupational Health Clinic, for one year, beginning June 1, 2003, at a rate of
$2,000.00 per month, with an option to renew for two additional one-year terms at a
rate to be increased each year by $150.00 per month, as more fully described in a
letter of the City Manager to City Council dated May 19, 2003. Such lease shall be
in form approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36340-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance,
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
~ions
Parks, Recreation and Cultural
Consumer Health Information (1-7) ........................
$ 240,516.00
49,116.00
299
Revenues
Parks, Recreation and Cultural
Consumer Health Information (8) ..........................
$ 240,516.00
49,116.00
1) Temporary Wages
2) Fees for
Professional Services
3) Advertising
4) Expendable Equipment
<$5,000
5) Publications and
Subscriptions
6) Printing
7) Library Loans
8) Consumer Health
Information
(035-650~743-1004)
(035-650-9743~010)
(035-650-9743~015)
(035450-9743-2035)
(035-650~743~040)
(035~50~743.2075)
(035-650-9743~163)
(035-650-9743~743)
$ 27,830.00
8,000.00
3,000.00
4,000.00
2,500.00
2,186.00
1,600.00
49,116.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36341-051903.
A RESOLUTION authorizing acceptance of a grant award from the
National Network of Libraries of Medicine/Southeastern Atlantic Region, to provide
funding for the purpose of training consumers on how to access quality health
300
information on the Internet, to improve the public health by providing citizens with
better consumer health oriented information, and authorizing execution of any and
all necessary documents for acceptance of the grant.
WHEREAS, a recent study by Carillon Health System concluded that
equipping citizens of the City of Roanoke with better consumer health oriented
information is a critical need of the community; and
WHEREAS, the grant will provide funding to empower individuals,
particularly those with Iow incomes, minority, youth and the elderly, to develop an
understanding of the practices and benefits of preventative and early intervention
health care, improving the likelihood of successful treatment outcomes by better
understanding treatment protocols; and preparing consumers and patients to
interact more confidently and effectively with their health care providers by helping
them to develop well-informed questions and to conduct research that will help them
better understand their health issues.
THEREFORE, BE IT RESOLVED by the Council of the City of Roaqoke
that:
I. The grant award from the National Network of Libraries of
Medicine/Southeastern Atlantic Region, for the purpose of training consumers on
how to access quality health information on the Internet and to improve the public
health by providing citizens with better consumer health oriented information, in the
amount of $49,116.00, as set forth in the City Manager's letter to Council dated
May 19, 2003, is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to
execute any and all requisite documents pertaining to the City's acceptance of these
funds and to furnish such additional information as may be required in connection
with the City's acceptance of these grant funds. All documents shall be approved
by the City Attorney.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
301
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36342-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002.
2003 General and Capital Projects Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
A~Drooriations
Nondepartmental $ 75,464,665.00
Transfers to Other Funds (1) ....................... 74,868,947.00
General Fund Reserve (2) .......................... -0-
Fund Balance
Reserved Fund Balance 3,752,643.00
Reserved for CMERP - City (3) ..................... 133,414.00
Capital Projects Fund
Ar~r~rooriations
General Government 9,779,639.00
Civic Mall Relocation (4-5) ......................... 606,000.00
Revenues
Nonoperating 4,861,438.00
Transfer from General Fund (6) ..................... 4,819,498.00
302 ---
1) Transfer to
Capital Projects Fund
2) General Fund Reserve
3) Reserved for
CMERP - City
4) Appropriated from
General Revenue
5) CMERP - Equipment
Purchase
6) Transfer from
General Fund
(001-250-9310-9508)
(001-300-9410-2197)
(001-3323)
(008-530-9815-9003)
(008-530-9815-9132)
(008-110-1234-1037)
$ 606,000.00
(572,814.00)
(33,186.00)
572,814.00
33,186.00
606,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36343-051903.
AN ORDINANCE amending and reordaining Section 26-2, General
reauirements for disoosal of human excreta and maintenance of toilet rooms,
Section 26-3, Mandatorv sewer connections, and Section 26-8, Extension of sanitary
_sewers~, of Article I, In General. of Chapter 26, Sewers and Sewaqe
Disposal, requiring connection to the public sanitary sewer, with certain exceptions,
and for the extension of public sewer mains to serve all buildings; and dispensing
with the second reading by title of this ordinance.
303
1. Section 26-2, General requirements for disposal of human excreta
and maintenance of toilet rooms, of Article I, In General, of Chapter 26, Sewers and
Sewaqe DisPosal, is hereby amended and reordained to read and provide as follows:
htr, are e,~ploye~, or con,3re.~ete ~,hall be
..........-' -' '"- ....... -' ' ~f~ thod: p l~fh
-" .... ~ -' ..... ~ .......... '~ ....... ~ G~G-UG'G- ~ · f:~l
~ ~f ,,, ~,~,=~ ,~=, properly connected
§ 26-2. Use of House or Buildinq Without Approved
Method of Disposal of Sewaqe Prohibited.
It shall be unlawful for the owner of any house or building
used as a place of human habitation, any warehouse, any
public building or other place where human beings
congregate or are employed in the city to use or occupy,
or to rent or lease the same for the use or occupancy by
any person, or for any person to use or occupy the same
unless and until the house or building shall have been
supplied or equipped with an approved method of
disposal of human excreta. Such method of disposal
shall comply with the provisions of this chapter and the
regulations of the state department of health.
304
2. Section 26-3, Mandatory sewer connections, of Article I, In
General, of Chapter 26, Sewers and Sewaqe Disposal, is hereby amended and
reordained to read and provide as follows:
§ 26-3. Mandatory sewer connections.
The owner or person constructing a house or building as described in
Sec. 26-2, on property abutting in any manner upon a street, alley,
public right-of-way or public easement through which runs a public
sanitary sewer, shall be required to connect such house or building
with such sewer in accordance with the provisions of this chapter. Any
person who shall fail to make such connection, after sixty (60) days
3O5
notice from the city manager, shall be guilty of a violation of this
section. If a public sanitary sewer line is not abutting such property,
anoff-site extension of the existing public sanitary sewer system shall
be made in accordance with the provisions of this chapter. Off-site
sewer system requirements are described further in Sec. 26-8.
3. Section 26-8, Extension of sanitary sewers within City, of
Article I, In General, of Chapter 26, Sewers and Sewaqe Disposal, is hereby amended
and reordained to read and provide as follows:
§ 26-8. Extension of sanitary sewers within city.
306
307
(a) Upon proper application for the off-site extension of
a public sanitary sewer within the city, the city shall bear
one-half of the construction cost of such extension and
the applicant shall pay the other one-half of the
construction cost thereof and any additional cost, less any
credits, as provided in this section. If the city participates
in the construction cost of the off-site extension, payment
by the city shall be due upon completion by the applicant,
and acceptance of such extension by the city. An off-site
sanitary sewer is defined as any sewer system located or
to be located outside such house or building's property.
The off-site sewer system shall be a public sanitary sewer
line located in a street, alley, public right-of-way or public
easement.
(b) The applicant shall design and install an off-site
public gravity-sewer main to serve its property. All design
for public sewer mains shall be performed by a
professional engineer, licensed in the Commonwealth of
Virginia, and must be approved bythe city. If an extension
of an off-site public gravity-sewer main to the property is
determined not to be feasible by the city manager due to
its length, depth, development, subsurface conditions or
cost, the applicant shall design and install a public
pressure-sewer main within the public right-of-way or
public easement.
(c) If a house or building is constructed at an elevation
that does not permit gravity flow into the public sewer
system, a private pumping facility shall be constructed for
such house or building. The pumping facility shall be
located on private property, with a private pressure-sewer
service line connecting such facility with the public sewer
main.
308
(d) If an extension of the off-site public pressure-sewer
main is not determined feasible bythe city manager due to
its length, depth, development, subsurface conditions or
cost, the applicant may install a septic tank constructed in
accordance with the rules and regulations of the state
department of health.
(e) Credits will be allowed towards the increased costs
for any off-site extensions if the city requires a line size in
excess of the minimum size required to serve the
applicant. Credits will be equal to 100% of the difference
in cost for furnishing and installing the minimum line size
and furnishing and installing the line size otherwise
required by the city to serve the applicant.
(f) The payment by any person of any costs or charges
as set forth in this section shall not relieve such person
from the payment of all sanitary sewer connection costs,
including the connection fees prescribed by the council
pursuant to section 26.4.1 of this Code.
(g) Notwithstanding any other provision of this Code,
whenever the abutting owner is able to establish financial
inability to pay legally imposed charges incident to such
extension, the city manager may provide for the necessary
work and labor to accomplish such connection and
authorize the payment of such charges in monthly
installments for a period not to exceed five (5) years from
the date such charges initially accrue, with interest at the
legal rate. Such deferred payments shall be evidenced by
a note and secured by a deed of trust on the property
served by the extension to be recorded, without expense
to the city, in the clerk's office of the circuit court of the
city.
3O9
2. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36344-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
General Government
Citizen Corps Council Grant (1-4) .......................
Community Emergency Response Team Grant (5-7) ........
Revenues
62,692.00
5,000.00
35,000.00
General Government
Citizen Corps Council Grant (8) .........................
Community Emergency Response Team Grant (9) .........
62,692.00
5,0OO.OO
35,000.00
310
1) Advertising
2) Administrative Supplies
3) Training and Development
4) Postage
5) Fees for Professional
Services
6) Advertising
7) Administrative Supplies
8) Citizen Corps Council Grant
9) Community Emergency
Response Team Grant
(035-660-9641-2015)
(035-660-9641-2030)
(035-660-9641-2044)
(035-660-9641-2160)
(035-660-9642-201 O)
(035-660-9642-2015)
(035-660 -9642 -2030)
(035-660-9641-3417)
(035-660-9642-3418)
$ 1,500.00
2,505.00
495.00
500.00
16,050.00
2,856.00
16,094.00
5,000.00
35,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36345~51903.
A RESOLUTION authorizing the City Manager to accept two federal
grants administered by the Commonwealth of Virginia Department of Emergency
Management that have been awarded to the Roanoke Valley Citizen Corps Council,
in the respective amounts of $5,000.00 for the Citizens Corps Council and $35,000.00
for the Community Emergncy Response Team; authorizing execution of any required
documents on behalf of the City for acceptance of such grants; and authorizing the
City Manager to furnish such additional information and take such additional action
as may be needed to implement and administer such grants.
311
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized, on behalf of the City of Roanoke,
to accept two federal grants administered by the Commonwealth of Virginia
Department of Emergency Management that have been awarded to the Roanoke
Valley Citizen Corps Council, in the respective amounts of $5,000.00 for the Citizens
Corps Council and $35,000.00 for the Community Emergency Response Team and
to execute any required documents on behalf of the City for acceptance of such
grants.
2. The City Manager is further authorized to provide such additional
information and take such additional action as may be needed to implement and
administer such grant funds and grant agreements, all as more fully set forth in the
City Manager's letter to Council dated May 19, 2003.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36346-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School and School Capital Projects Funds Appropriations, and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School and School Capital Projects Funds Appropriations
be, and the same are hereby, amended and reordained to read as follows, in part:
312 -
SchoolFund
Appropriations
Education
Facilities (1-2) .....................................
Fund Balance
Reserved for CMERP - Schools (3) .....................
School Capital Pro_iects Fund
$ 138,258,187.00
3,746,826.00
549,235.00
Aeoro~riations
Education
Lincoln Terrace Renovation (4-5) .....................
Revenues
Intergovernmental
Lincoln Terrace Renovation (6-7) ......................
23,517,418.00
2,215,780.00
13,550,530.00
2,195,780.00
1) School Bus
Replacement
2) School Bus Route
Management Software
3) Reserved for CMERP-
Schools
(030-065~006-6676-0808)
(030-065-6006-6676-0826)
(030-3324)
4) Appropriated from Literary
Loan/VPSA Bonds
5) Appropriated from QZAB
6) VPSA Bonds - Lincoln
Terrace Renovation
7) QZAB - Lincoln Terrace
(031-065-6064-6896-9006)
(031-065-6064-6896-9109)
(031-065-6064-1291)
(031-065-6064-1295)
$ 16,358.00
40,650.00
(57,008.00)
1,300,000.00
800,000.00
1,300,000.00
800,000.00
313
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36347-051903.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of.way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Liberty Property Limited Partnership, filed an application to
the Council of the City of Roanoke, Virginia, in accordance with law, requesting the
Council to permanently vacate, discontinue and close the public right-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to
all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on May 19, 2003, after due and timely notice thereof as required by §30-14,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on said application;
and
314
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
That 0.186 acre portion of the right-of-way in the shoulder
of Blue Hills Circle, N.E.
be, and is hereby permanently vacated, discontinued and closed, and that all right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the closed
portion of the right-of-way, reserving however, to the City of Roanoke and any utility
company, including, specifically, without limitation, providers to or for the public of
cable television, electricity, natural gas or telephone service, an easement for sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across said public right-of-way,
together with the right of ingress and egress for the maintenance or replacement of
such lines, mains or utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement
which impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public right-of-
way of any such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk of the
Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all
properties which would otherwise be landlocked by the requested closure, or
otherwise disposing of the land within the right-of-way to be vacated in a manner
consistent with law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of any and
all existing utilities that may be located within the right-of-way.
315
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of
Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that
such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been
met within a period of six (6) months from the date of the adoption of this ordinance,
then said ordinance shall be null and void with no further action by City Council
being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
316 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36348-051903.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 133, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City; and dispensing with the second reading by
title of this ordinance.
WHEREAS, the Roanoke City Planning Commission made application
to the Council of the City of Roanoke to have the hereinafter described property
rezoned from C-1, Office District, to CN, Neighborhood District; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on May 19, 2003, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
I. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No.'133 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
317
Certain property located in the southwest quadrant of the
City, and designated on Sheet No. 133 of the Sectional
1976 Zone Map, City of Roanoke, as Official Tax
Nos.1330401, 1330402, 1330403, 1330117, 1330118, and
1330134, be, and are hereby rezoned from C-1, Office
District, to CN, Neighborhood Commercial District, as set
forth in the Petition filed in the Office of the City Clerk on
March 21,2003, and that Sheet No. 133 of the Zone Map be
changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36349-051903.
AN ORDINANCE, authorizing the execution of an Option Agreement with
Roanoke Development, LLC, for the option to purchase a parcel of land known as
New Tract F and consisting of approximately 18.437 acres in the Roanoke Centre for
Industry and Technology ("RClT"), upon certain terms and conditions; authorizing
the City Manager to take such further action and execute such other documents as
may be required in connection with such Option Agreement; and dispensing with the
second reading by title of this ordinance.
318 -
BE IT ORDAINED by the Council of the City of Roanoke, Virginia that:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, upon form approved by the City Attorney, an Option Agreement
with Roanoke Development, LLC, for the option to purchase an approximate 18.437
acre parcel of land known as New Tract F and located in the Roanoke Centre for
Industry and Technology, and as more particularly stated in the City Manager's letter
to City Council dated May 19, 2003, with such Option Agreement being substantially
similar to the one attached to such letter.
2. The City Manager is also authorized to take such further action
and execute such other documents as may be required to implement such Option
Agreement and, if exercised, the subsequent sale of such Property, and for related
matters, as referred to in the above.mentioned letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36350~51903.
A RESOLUTION approving the issuance of up to $6,000,000.00 in
Revenue Bonds of the Industrial Development Authority of the City of Roanoke,
Virginia (the "Authority") at the request of WELBA I, LLC, or another limited liability
company to be formed by the principals thereof ("Borrower"), to assist in the
financing of theacquisition, construction and equipping of a facility consisting of
319
approximately 104,400 square feet to be leased to Semco Incorporated, and to be
used for the manufacture of ductwork ("Project") which will be located on New Tract
F in the Roanoke Centre for Industry and Technology (the "Centre"), which approval
is required by §147(f) of the Internal Revenue Code of 1986, as amended, and §15.2-
4906 of the Code of Virginia (1950), as amended.
WHEREAS, the Industrial Development Authority of the City of Roanoke,
Virginia ("Authority"), has considered the application of WELBA I, LLC, or another
limited liability company to be formed by the principals thereof ("Borrower"),
requesting the issuance of the Authority's revenue bonds in an amount not to
exceed $6,000,000.00 ("Bonds") to assist in the financing of the Borrower's
acquisition, construction and equipping of a facility consisting of approximately
104,400 square feet to be leased to Semco Incorporated, whose address is 1800 East
Pointe Drive, Columbia, Missouri 65201, and to be used for the manufacture of
ductwork for use in commercial and other buildings ("Project") to be located on New
Tract F in the Roanoke Centre for Industry 8, Technology (the "Centre"), and has held
a public hearing on April 9, 2003;
WHEREAS, the Centre is located adjacent to U.S. Route 460, three miles
east of 1-581, in the City of Roanoke, Virginia;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), provides that the governmental unit having jurisdiction over
the issuer of private activity bonds and over the area in which any facility financed
with the proceeds of private activity bonds is located must approve the issuance of
the bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of
Roanoke, Virginia ("City"); the Project is to be located in the City and the City
Council of the City of Roanoke, Virginia ("Council") constitutes the highest elected
governmental unit of the City;
WHEREAS, the Authority has recommended that the Council approve
the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance
of the Bonds, subject to the terms to be agreed upon, a certificate of the public
hearing and a Fiscal Impact Statement have been filed with the Council.
320
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
1. The Council approves the issuance of $6,000,000.00 in Revenue
Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f)
of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended
("Virginia Code") to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness of the
Project or the Borrower.
3. The Council directs the City Manager to request an allocation of the
State Ceiling (as defined in §15.2-5000 of the Code of Virginia of 1950, as amended)
in accordance with the applicable provisions of the Code of Virginia of 1950, as
amended, and any regulations or executive orders issued thereunder.
APPROVED
Mary F. Parker
City Clerk
This resolution shall take effect immediately upon its adoption.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36351-051903.
ANORDINANCEamendingandreordaining§36.1-228, S ecialexce tion
uses, Article Ill, District Re ulations, Division 3, Commercial District Reoulations, of
Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, by
adding subsection (6) to provide for the establishment of veterinary clinics with no
outside pens or corrals as a special exception use in the C-3, Central Business
District; and dispensing with the second reading by title of this ordinance.
321
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-228, Special exception uses, Article III, District
Requlations, Division 3, Commercial District Requlations, of Chapter 36.1, Zoninq,
of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended
and reordained, by adding subsection (6) to provide for the establishment of
veterinary clinics with no outside pens or corrals as a special exception use in the
C-3, Central Business District, and to read and provide as follows:
§36.1-228 Soecial exception uses.
The following uses may be permitted in the C-3 district by
special exception granted by the board of zoning appeals
subject to the requirements of this section:
(7) Veterinary clinics with no outside pens
or corrals.
2. Pursuant to the provisions of Section 12 of the Roanoke City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
322 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36352-860203.
A RESOLUTION supporting rail alternatives to complement planned
improvements to 1-81.
WHEREAS, the 1-81 corridor is increasingly the route of choice for
trucks traveling between the northeast and the south and southwest because of
congestion on 1-95 and expanding shipments generated bythe North American Free
Trade Act;
WHEREAS, two multi-national corporations, Halliburton and Fluor
Corporations, have submitted proposals to the Virginia Department of
Transportation(VDOT) to expand the number of lanes and other appurtenances on
1-81;
WHEREAS, Norfolk-Southern Corporation estimates that seventy
percent (70%) of truck traffic on 1-81 passes through Virginia to destinations south
or north;
WHEREAS, the minimal rail freight proposals included in the Star
Solutions and Fluor Public Private Partnership Act proposals do not adequately
address rail freight potential in the whole 1-81 corridor;
WHEREAS, these same proposals provide no option for passenger rail,
although upgrading the corridor's main rail line secures the passenger rail option;
WHEREAS, the Commonwealth of Virginia is now planning the future
of the 1-81 corridor, those decisions containing dramatic impacts for the future of
western Virginia;
WHEREAS, the Commonwealth of Virginia's decision on this corridor
will determine whether 1-81 and connecting interstates will become a multi-state
"East Coast Truck By-Pass;"
323
WHEREAS, the increased use of railroads to move freight will improve
safety by reducing dangerous vehicular congestion on 1-81, improve energy
conservation by reducing the amount of diesel fuel consumed for freight
transportation, and improve the health of people and other forms of life in western
Virginia by dampening the rate of increase in diesel engine-generated toxic
emissions along 1-81; and
WHEREAS, the creation of additional freight rail capacity paralleling
1-81, in Virginia and Tennessee, may spur creation of new freight rail capacity
nationwide, resulting in more shipping options at lower cost for the Nation's
businesses.
THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
strongly petitions for the development and promotion of rail freight and passenger
service parallel to 1-81, to complement limited highway-widening and to move a large
volume of the long-distance freight traffic from trucks on 1-81 to freight trains on dual
track, high-speed rails parallel to 1-81.
APPROVED
ATTEST:~~ .~,
Mary F. Par~er Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd dayofJune, 2003.
No. 36353-060203.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
324
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Judicial Administration
Virginia Court Records (1) ..............................
$869,356.00
17,162.00
Revenues
Judicial Administration
Virginia Court Records (2) ...............................
869,355.00
17,162.00
01) Expendable Equipment
<$5,000
02) State Grant Receipts
(035-120-5000-2035)
(035-120-5000-5000)
$17,162.00
17,162.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
325
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36354-060203.
A RESOLUTION authorizing acceptance of a grant award from the
Virginia Circuit Court Records Preservation Program of the Library of Virginia, to the
Clerk of the Circuit Court for the purchase and installation of a Digital Closed Circuit
Television Monitoring and Recording System, and authorizing the Clerk of the Circuit
Court to execute any and all necessary documents to comply with the terms and
conditions of the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award from the Virginia Circuit Court Records
Preservation Program of the Library of Virginia, to the Clerk of the Circuit Court for
the purchase and installation of a Digital Closed Circuit Television Monitoring and
Recording System, in the amount of $17,162.00, as set forth in the Clerk of the
Circuit Court's letter to Council dated June 2, 2003, is hereby ACCEPTED.
2. The Clerk of the Circuit Court is authorized to execute any and all
requisite documents pertaining to the acceptance of these funds and to furnish such
additional information as may be required in connection with the acceptance of
these grant funds. All documents shall be approved by the City Attorney.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
326 '-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36355-060203.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
ADnroDriations
Judicial Administration
Compensation Board - Technology Trust Funds FY2003 (1) .....
$873,095.00
20,901.00
Revenues
Judicial Administration
Compensation Board - Technology Trust Funds FY2003 (2) ......
873,095.00
84,325.00
01) Maintenance Contracts
02) State Grant Receipts
(035-120-5143-2005)
(035-120-5143-5145)
$20,901.00
20,901.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
327
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36356.060203.
A RESOLUTION authorizing acceptance of funds from the
Commonwealth of Virginia Compensation Board through the Technology Trust
Fund, to provide reimbursement to the Clerk of the Circuit Court for contractual
obligations providing technology services, and authorizing the Clerk of the Circuit
Court to execute any and all necessary documents to comply with the terms and
conditions as required for such reimbursement.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Funds from the Commonwealth of Virginia Compensation Board
through the Technology Trust Fund, to provide reimbursement to the Clerk of the
Circuit Court for contractual obligations providing technology services, in the
amount of $20,901.00, as set forth in the Clerk of the Circuit Court's letter to Council
dated June 2, 2003, are hereby ACCEPTED.
2. The Clerk of the Circuit Court is authorized to execute any and all
requisite documents pertaining to the acceptance of these funds and to furnish such
additional information as may be required in connection with the acceptance of
these funds. All documents shall be approved by the City Attorney.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
328 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day ofJune, 2003.
No. 36357~60203.
AN ORDINANCE to amend and reordain certain sections of the
2003-2004 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Parks, Recreation and Cultural
Roanoke Arts Commission (1-17) ..........................
$5,349,619.00
322,482.00
01) Virginia Transportation Museum
02) Roanoke Symphony Society
03) Mill Mountain Theatre
04) Explore Park
05) Opera Roanoke
06) Science Museum of
Western Virginia
07) Roanoke Valley
History Museum
08) Roanoke Ballet Theatre
09) Southwest Virginia Ballet
10) Young Audiences of Virginia
11) Arts Council of the Blue Ridge
12) Art Museum of Western Virginia
13) Blue Ridge Zoological
Society of Virginia
14) Downtown Music Lab
15) Harrison Museum/
African-American
16) Monitoring
17) Subsidies
(001-310-5221.3714)
(001-310-5221-3736)
(001-310-5221-3749)
(001-310-5221-3758)
(001-310.5221-3762)
(001-310-5221-3774)
(001-310-5221-3776)
(001-310-5221-3779)
(001-310-5221-3794)
(001-310-5221-3802)
(001-310-5221-3909)
(001-310-5221-3910)
(001-310-5221-3911 )
(001-310-5221-3912)
(001-310-5221-3913)
(001-310-5221-3914)
(001-310-5221-3700)
$79,965.00
26,865.00
11,665.00
36,716.00
7,966.00
52,666.00
9,966.00
5,965.00
2,615.00
3,966.00
13,165.00
17,166.00
10,465.C0
6,966.
00
30,365.00
6,000.00
(322,482.00)
329
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day ofJune, 2003.
No. 36358-060203.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Capital Projects and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects and Grant Funds Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
Capital Projects Fund
Appropriations
Recreation
Master Plan Projects (1) ................................
$25,689,198.00
237,302.00
Recreation 2,076,000.00
Transfer to Grant Fund (2) .............................. 81,000.00
330
Grant Fund
Appropriations
Parks and Recreation
Virginia Outdoors Fund (3-4) ............................
$192,000.00
162,000.00
Revenues
Parks and Recreation
Virginia Outdoors Fund (5-6) .............................
192,000.00
162,000.00
01) Appropriated from 1999
Bond Funds
02) Transfer to Grant Fund
03) Appropriated from 1999
Bond Funds
04) Appropriated from State
05) State Grant Receipts
06) Local Match
(008.620-9744-9001)
(008-530-9712-9535)
(03S~20~800~001)
(035-620~800~007)
(03S.620-9800~800)
(035~20~800~801)
(81,000.00)
81,000.00
81,000.00
81,000.00
81,000.00
81,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
331
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd dayofJune, 2003.
No. 36359-060203.
A RESOLUTION requesting funding from the Virginia Department of
Conservation and Recreation ("DCR") to assist in the development of Brown-
Robertson Neighborhood Park, and authorizing the City Manager to provide
sufficient information and materials and to execute such documents as may be
necessary to accept the Virginia Outdoors Fund Grant.
WHEREAS, the Virginia Department of Conservation and Recreation
provides funds to assist political subdivisions of the Commonwealth of Virginia in
acquiring and developing open space and park lands;
WHEREAS, there are urgent needs within the City of Roanoke to
develop park land;
WHEREAS, the acquisition and development of a particular area within
the City of Roanoke, to be known as Brown-Robertson Neighborhood Park, is a high
priority;
WHEREAS, the City of Roanoke desires to create and develop Brown-
Robertson Neighborhood Park with the assistance of funding from the DCR;
WHEREAS, in order to attain funding assistance from the DCR, the DCR
requires that the City of Roanoke guarantee that a proportionate share of the cost
thereof is available; and
WHEREAS, the proportionate share of One Hundred Thousand Dollars
and No Cents ($100,000.00) is funded by the City of Roanoke.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The City Manager is hereby authorized to provide such
information or materials and to execute such documents as may be necessary to
accept the Virginia Outdoors Fund Grant, in the amount of Eighty-One Thousand
Dollars and No Cents ($81,000.00) for the creation and development of Brown-
Robertson Neighborhood Park.
332
2. The City of Roanoke gives its assurance that the funds needed
as the City of Roanoke's proportionate share of the cost of the creation and
development of Brown-Robertson Neighborhood Park, upto One Hundred Thousand
Dollars and No Cents ($100,000.00), will be provided.
3. The City of Roanoke gives its assurance that the General
Provisions of the Land and Water Conservation Fund Act and the Virginia Outdoors
Fund Fiscal Procedures will be complied with in the administration of the creation
and development of Brown-Robertson Neighborhood Park.
4. The City of Roanoke will operate and maintain Brown-Robertson
Neighborhood Park in good condition and will provide permanent project
acknowledgment signs of the participating funding agencies, and such signagu will
clearly state that Brown-Robertson Neighborhood Park is a "public" recreational
facility.
5. The City of Roanoke will dedicate the property within the metes
and bounds of Brown-Robertson Neighborhood Park, in perpetuity, for public
outdoors recreational purposes in accordance with the Land and Water
Conservation Fund Act.
6. The City of Roanoke gives its assurance that all other applicable
federal and state regulations governing such expenditure of funds will be complied
with in the administration, development, and subsequent operation of Brown-
Robertson Neighborhood Park.
7. The Department of Conservation and Recreation is respectfully
requested to assist in the approval and funding of the Project in order to enhance
the standard of public recreational enjoyment for all our citizenry.
APPROVED ~,~~
ATTEST:
Mary F. Parker fRalph K. Smith
City Clerk Mayor
333
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day ofJune, 2003.
No. 36360-060203.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as
amended, by adding a new Article III, Security Alarms, to Chapter 23, Police;
providing for an effective date; and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the addition of new Article III, Security Alarms, to
Chapter 23, Police, to read and provide as follows:
ARTICLE III
SECURITY ALARMS
§ 23-35. Purpose and application.
This article provides for the regulation of the use and operation
of security alarm systems operated by alarm company operators
in order to enhance public safety and reduce the unnecessary
expenditure of public resources in response to false alarms.
This article shall not apply to security alarm systems maintained
by governmental agencies or departments.
§ 23-36. Definitions.
For the purposes of th is article, the following words and phrases
shall have the following meanings:
Alarm company operator. Any business which engages in the
installation, maintenance, alteration, servicing, repairing,
replacing or monitoring of a security alarm system, or which
causes any of these activities to take place in the City of
Roanoke.
334
Commercial alarm system user. Any person on whose
commercial premises a security alarm system is maintained
within the city except for security alarm systems on motor
vehicles. If, however, an alarm system on a motor vehicle is
connected with an alarm system at a commercial premises, the
person using such system is an alarm system user.
False alarm. Any communication generated by or as a result of
a security alarm system operated by alarm company operators
that results in a response and investigation by a police officer
which reveals no evidence or indication of criminal activity or
other actual hazard. False alarms shall not include signals
activated by unusually severe weather conditions or other
causes that are identified by the city manager to be beyond the
control of the user. An alarm dispatch request that is canceled
by an alarm company operator or other person acting on behalf
of the owner of a security alarm system before the responding
police officer is actually dispatched shall not be considered a
false alarm dispatch.
Hazard. An event requiring urgent attention and to which a
police officer is expected to respond.
Permit holder. The owner or tenant of protected premises who
has obtained an alarm system user permit.
Person. An individual, firm, partnership, association,
corporation, company or organization of any kind.
Protected premises. The premises upon which a security alarm
system operated by alarm company operators has been installed
for the purpose of detecting a hazard.
Residentialalarm system user. Any person on whose residential
premises a security alarm system is maintained within the city
except for securityalarm systems on motorvehicles. If however,
an alarm system on a motor vehicle is connected with an alarm
system at a residential premises, the person using such system
is an alarm system user.
335
Security alarm system. An assembly of equipment and devices
installed in or for commercial or residential premises and
arranged to signal unauthorized intrusion, attempted burglary,
robbery, other criminal activity or hazard at the protected
premises requiring urgent attention to which police are expected
to respond. Such alarm system may be installed, maintained,
altered or serviced by an alarm company operator in commercial
or residential premises. In this article, the term "security alarm
system" shall refer to all systems which are designed to attract
the attention and response of the city police department,
including alarm bells, sirens, horns and strobe lights which are
audible or visible beyond the lot lines of the protected property
premises.
§ 23-37. Intentional false alarms.
Any person who without just cause and with intent to interfere
with the operations of any police officer calls or summons any
police official by engaging or activating a security alarm system
shall be guilty of a class one misdemeanor.
§ 23-38. Commercial alarm system user reqistration and
permits.
(a) Every commercial alarm system user shall, within sixty
(60) days after the effective date of this article, obtain an alarm
system user permit from the city for the operation of such
security alarm system. If the security alarm system is to be
installed or maintained by an alarm company operator, the alarm
company operator may obtain the required permit for the
commercial alarm system user. The person applying for the
permit required in this section shall state on a permit application
form provided by the city the following: name, address of the
commercial premises in or for which the security alarm system
will be installed, telephone number of the commercial alarm
system user, the type of security alarm system (local or
monitored), name of the alarm company operator selling or
leasing the new or existing security alarm system equipment or
services and the names, addresses and telephone numbers of at
least two (2) other persons who can be reached at any time, day
or night, and who are authorized to respond to an alarm signal
336
and who can open and represent the premises in which the
system is installed for reporting and investigative purposes. It
shall be the responsibility of the commercial alarm system user
to notify the city in writing of any subsequent changes in the
information provided on the permit application. Upon approval
by the city manager of the permit application, the permit shall be
issued to the commercial alarm system user.
(b) Registration applications shall be accompanied by a
nonrefundable fee of twenty-five dollars ($25.00) to cover the
costs of processing the application. The registration must be
renewed annually thereafter at an annual fee of twenty dollars
($20.00). Commercial alarm system users who have registered
pursuant to section 12-24, Code of the City of Roanoke (1979), as
amended, with regard to fire alarm systems are not required to
obtain a security alarm system permit or pay an additional
registration fee, but they are required to list information as to
both systems on the registration application.
(c) Any commercial alarm system userwho operates or allows
an alarm system to be operated without first obtaining a permit
as required by this section, or who, after having a permit
revoked, operates or allows the system to be operated, shall be
in violation of this article, and subject to a fine, as provided by
section 23-46. The commercial alarm system user to whom the
alarm system user permit should have been orwas issued, in the
case of revocation, shall be the person held in violation.
(d) This permit requirement is intended to assist the police
department and the city manager in the administration of the
provisions of this article and shall not be deemed to create any
special duty with respect to the protected premises beyond that
owed to the general public.
§ 23-39.
Duties of commercial and residential alarm system
users.
(a) Commercial and residential alarm system users shall
instruct employees, tenants or others who may have occasion to
activate an alarm that security alarm systems are to be activated
only in emergency situations to summon an immediate police
337
response and shall instruct as to the operation of the security
alarm system, including setting, activation, deactivation and
resetting of the alarm. All instructions pertaining to security
alarm systems and procedures shall be in written form, suitable
for distribution and shall be available for inspection by
representatives of the police department. Commercial and
residential alarm system users shall be responsible for
maintaining their security alarm systems in proper working
order.
(b) A commercial or residential alarm system user or person
authorized and capable of deactivating the alarm, who allows an
alarm to continue to emit an audible signal for thirty (30) minutes
after notification of the alarm commencing to emit such signal
shall be guilty of a class 4 misdemeanor.
§ 23-40. Alarm company operator registration.
(a) Every alarm company operator shall, within thirty (30) days
after the effective date of this article, register with the city on
forms provided by the city. The application for registration shall
include name of the alarm company operator, names of owners
and officers and the services offered by the alarm company
operator. It shall be the responsibility of the alarm company
operator to notify the city in writing of any subsequent changes
in the information provided on the application for registration.
(b) Registration applications shall be accompanied by a
nonrefundable fee of twenty.five dollars ($25.00) to cover the
costs of processing the application and investigating the
applicant. The registration must be renewed annually thereafter
at an annual fee of twenty dollars ($20.00). Alarm company
operators who have registered pursuant to section 12-26, Code
of the City of Roanoke (1979), as amended, with regard to fire
alarm systems are not required to register with regard to security
alarm systems or pay an additional registration fee, but they are
required to list information as to both systems on the registration
application.
338 -
§ 23-41. Duties of alarm company operators.
(a) No security alarm system shall be installed, monitored,
altered, serviced or repaired to a level of operation by an alarm
company operator unless the commercial alarm system user has
complied with the registration and permit provisions of section
23-38.
(b) Every alarm company operator that installs, monitors,
alters, services or repairs a security alarm system after the
effective date of this article shall certify on the permit required in
section 23-38 that the commercial alarm system user has been
instructed in the proper use and operation of the alarm system.
§ 23-42. Service charcjes imposed upon commercial alarm
system users for false alarms.
(a) A service charge of one hundred dollars ($100.00) for each
occurrence shall be assessed against the commercial alarm
system user of a protected premises that is not registered, as
required by this article, who activates, utilizes, operates or
maintains a security alarm system operated by alarm company
operators within the city for the first, second, third, fourth, fifth
and sixth false alarms, and one hundred fifty dollars ($150.00) for
the seventh and all subsequent false alarms in each calendar
year originating from the protected premises.
(b) No service charge shall apply to the first, second or third
false alarm in each calendar year provided the commercial alarm
system user is a permit holder. A service charge of twenty-five
dollars ($25.00) for each occurrence shall be assessed against
the permit holder who activates, utilizes, operates or maintains
a security alarm system operated by alarm company operators
within the city for the fourth false alarm, fifty dollars ($50.00) for
the fifth false alarm, one hundred dollars ($100.00) for the sixth
false alarm, and one hundred fifty dollars ($150.00) for the
seventh and all subsequent false alarms in each calendar year
originating from the protected premises.
339
(c) The service charge shall be due thirty (30) days from the
date of mailing of the bill by the city manager and shall be
payable to the city treasurer.
§ 23-43. Insoection requirements and service char,qes imposed
upon residential alarm system Users for false alarms.
(a) Any residential alarm system user experiencing a tenth
false alarm in a calendar year shall within thirty (30) days of the
tenth false alarm have his security alarm system inspected by an
alarm company operator at the cost of the residential alarm
system user or, without cost, a site assessment by the police
department's crime prevention unit. If an alarm company
operator inspects the security alarm system, it shall conduct a
complete examination of the security alarm system, including,
but not limited to, satisfactory design and installation of the
security alarm equipment, proper functioning of the alarm and
education of the residential alarm system user in the proper
operation of the security alarm system. The alarm company
operator shall record the details of this inspection of a form
provided by the police department for this purpose. The
completed inspection report shall be returned to the police
department by the alarm company operator within seven (7) days
of the inspection. The alarm company operator shall provide a
copy of the completed inspection report to the residential alarm
system user at the same time.
(b) No service charge shall be imposed upon a residential
alarm system user for the first through tenth false alarm in each
calendar year. A service charge of fifteen dollars ($15.00) for
each occurrence shall be assessed against the residential alarm
system user who activates, utilizes, operates or maintains a
security alarm system operated by alarm company operators
within the city for the eleventh false alarm, twenty dollars
($20.00) for the twelfth false alarm, twenty-five dollars ($25.00) for
the thirteenth false alarm, and thirty dollars ($30.00) for the
fourteenth and all subsequent false alarms in each calendar year
originating from the protected premises provided the residential
alarm system user has had the inspection required above after
the tenth false alarm. If the residential alarm system user has
not complied with the inspection requirements of this section
after the tenth false alarm, then all subsequent false alarms in
that calendar year shall result in a service charge of thirty dollars
($30.00).
340
(c) The service charge shall be due thirty (30) days from the
date of mailing of the bill by the city manager and shall be
payable to the city treasurer.
§ 23-44. Failure to oav service char;les; revocation of permit.
All service charges assessed against the permit holder,
commercial alarm system user of the protected premises if not
registered, or residential alarm system user who activates,
utilizes, operates or maintains a security alarm system shall be
due and owing to the city treasurer. In the event legal action is
necessary to collect the service charges, the owner or tenant
shall be required to pay for any and all attorneys' fees and other
costs expended by the city to collect such funds.
The failure of a permit holder to pay any service charge assessed
under this article when due shall constitute grounds for the
revocation of its permit by the city manager. The continued
operation of a security alarm system by the person who
activates, utilizes or maintains a security alarm system after
notification that the permit has been revoked shall constitute a
class four misdemeanor. A security alarm permit that has been
revoked pursuant to this section may be reinstated by the city
manager upon payment of all outstanding service charges, a
reinstatement fee of fifty ($50.00) dollars, and compliance with all
other requirements of this article.
§ 23-45. Aor)eals.
Upon application in writing by any person against whom a
service charge has been assessed under this article, the city
manager may waive the service charge for good cause shown.
§ 23-46. Penalties.
Except as otherwise provided, any person who violates any
section of this article shall be guilty of a class 3 misdemeanor.
2. This ordinance shall be in full force and effect on and after
January 1, 2004.
341
3. Pursuant to Se.ction 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day ofJune, 2003.
No. 36361-060203.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as
amended, by adding a new Article III, Fire Alarm Systems, to Chapter 12, Fire
Prevention and Protection; providing for an effective date; and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the addition of new Article III, Fire Alarm Systems, to
Chapter 12, Fire Prevention and Protection, to read and provide as follows:
ARTICLE III
FIRE ALARM SYSTEMS
§12-21. Purpose and application.
This article provides for the regulation of the use and
operation of fire alarm systems operated by alarm
company operators in order to enhance public safety and
342
reduce the unnecessary expenditure of public resources
in response to false alarms. This article shall not apply to
fire alarm systems maintained by governmental agencies
or departments.
§12-22. Definitions.
For the purposes of this article, the following words and
phrases shall have the following meanings:
Alarm company operator. Any business which engages in the
installation, maintenance, alteration, servicing, repairing,
replacing or monitoring of a fire alarm system, or which causes
any of these activities to take place in the City of Roanoke.
Alarm system user. Any personon whose commercial premises
a fire alarm system is maintained within the city.
False alarm. Any communication generated by or as a result of
a fire alarm system operated by alarm company operators that
results in a response and investigation by the city's fire/EMS
department which reveals no evidence or indication of fire, risk
of fire or other actual hazard. False alarms shall not include
signals activated by unusually severe weather conditions or
other causes that are identified by the city manager to be beyond
the control of the user. An alarm dispatch request that is
canceled by an alarm company operator or other person acting
on behalf of the owner of a fire alarm system before the
responding firefightere are actually dispatched shall not be
considered a false alarm dispatch.
Hazard. An event requiring urgent attention and to which a
firefighteris expected to respond.
Permit holder. The owner or tenant of protected premises who
has obtained an alarm system user permit.
Person. An individual, firm, partnership, association,
corporation, company or organization of any kind.
343
Protected premises. The premises upon which a fire alarm
system operated by alarm company operators has been installed
for the purpose of detecting a hazard.
Fire alarm system. An assembly of equipment and devices
installed in or for commercial premises and arranged to signal a
fire, risk of fire or hazard at the protected premises requiring
urgent attention to which firefighters are expected to respond.
Such alarm system may be installed, maintained, altered or
serviced by an alarm company operator in commercial premises.
In this article, the term "fire alarm system" shall refer to all
systems which are designed to attract the attention and
response of the city fire department, including alarm bells,
sirens, horns and strobe lights which are audible or visible
beyond the lot lines of the protected property premises.
§ 12-23. Alarm and suppression system compliance with code-.
(a) Fire alarm systems shall be installed and maintained in
accordance with the Uniform Statewide Building Code and
National Fire Prevention Association 75.
(b) Fire suppression systems shall be installed in accordance
with the Uniform Statewide Building Code and National Fire
Prevention Association 13 and/or 13R. Systems shall be
maintained in accordance with National Fire Prevention
Association 25.
§ 12-24. Alarm system user registration and permits.
(a) Every commercial alarm system user shall, within sixty
(60)days after the effective date of this article, obtain an alarm
system user permit from the city for the operation of such alarm
system. If the fire alarm system is to be installed or maintained
by an alarm company operator, the alarm company operator may
obtain the required permit for the alarm system user. The person
applying for the permit required in this section shall state on a
permit application form provided by the city the following: name,
address of the commercial premises in or for which the fire
alarm system will be installed, telephone number of the alarm
system user, the type of fire alarm system (local or monitored),
344
name of the alarm company operator selling or leasing the new
or existing fire alarm system equipment or services and the
names, addresses and telephone numbers of at least two (2)
other persons who can be reached at any time, day or night, and
who are authorized to respond to an alarm signal and who can
open and represent the premises in which the system is installed
for reporting and investigative proposes. It shall be the
responsibility of the alarm system user to notify the city in
writing of any subsequent changes in the information provided
on the permit application. Upon approval by the city manager of
the permit application, the permit shall be issued to the alarm
system user.
(b) Registration application shall be accompanied by a
nonrefundable fee of twenty-five dollars ($25.00) to cover the
cost of processing the application. The registration must be
renewed annually thereafter at an annual fee of twenty dollars
($20.00). Alarm system users who have registered pursuant to
section 23-38, Code of the City of Roanoke (1979), as amended,
with regard to security alarm systems are not required to obtain
a fire alarm system permit or pay an additional registration fee,
but they are required to list information as to both systems on
the registration application.
(c) any alarm system user who operates or allows a fire alarm
system to be operated without first obtaining a permit as
requires by this section, or who, after having a permit revoked,
operates or allows the system to be operated, shall be in
violation of this article, and subject to a fine, as provided by
section 12-31. The alarm system user to whom the fire alarm
system user permit should have been orwas issued, in the case
of revocation, shall be the person held in violation.
(d) This permit requirement is intended to assist the fire
department and the city manager in the administration of the
provisions of this article and shall not be deemed to create any
special duty with respect to the protected premises beyond that
owned to the general public.
345
§ 12-25. Duties of alarm system users.
(a) Alarm system users shall instruct employees, tenants or
others who may have occasion to activate an alarm that fire
alarm systems are to be activated only in emergency situations
to summon an immediate fire department response and shall
instruct as to the operation of the fire alarm system, including
setting, activation, deactivation and resetting of the alarm. All
instructions pertaining to fire alarm systems and procedures
shall be in written form, suitable for distribution and shall be
available for inspection by representatives of the fire department.
The alarm system user shall be responsible for maintaining the
fire alarm system in proper working order.
(b) An alarm system user or person authorized and capable of
deactivating the alarm, who allows an alarm to continue to emit
an audible signal for thirty (30) minutes after notification of the
alarm commencing to emit such signal shall be guilty of a class
4 misdemeanor.
§12-26. Alarm company operator reqistration.
(b) Registration applications shall be accompanied by a
nonrefundable fee of twenty-five dollars ($25.00) to cover the
costs of processing the application and investigating the
applicant. The registration must be renewed annually thereafter
at an annual fee of twenty dollars ($20.00). Alarm company
operators who have registered pursuant to section 23-40, Code
of the City of Roanoke (1979), as amended, with regard to
security alarm systems are not required to register with regard
to fire alarm systems or pay an additional registration fee, but
they are required to list information as to both systems on the
registration application.
§ 12-27. Duties of alarm company operators.
(a) No fire alarm system shall be installed, monitored, altered,
serviced or repaired to a level of operation by an alarm company
operator unless the alarm system user has complied with the
registration and permit provisions of section 12-24.
346
(b) Every alarm company operator that installs, monitors,
alters, services or repairs a fire alarm system after the effective
date of this article shall certify on the permit required in section
12-24 that the alarm system user has been instructed in the
proper use and operation of the fire alarm system.
§ 12-28. Service charqes for false alarms.
(a) A service charge of one hundred dollars ($100.00) for each
occurrence shall be assessed against the alarm system user of
a protected premises that is not registered, as required by this
article, who activates, utilizes, operates or maintains a fire alarm
system operated by alarm company operators within the city for
the first, second, third, fourth, fifth and sixth false alarms, and
one hundred fifty dollars ($150.00) for the seventh and all
subsequent false alarms in each calendar year originating from
the protected premises.
(b) No service charge shall apply to the first, second or third
false alarm in each calendar year provided the alarm system user
is a permit holder. A service charge of twenty-five dollars
($25.00) for each occurrence shall be assessed against the
permit holder who activates, utilizes, operates or maintains a fire
alarm system operated by alarm company operators within the
city for the fourth false alarm, fifty dollars ($50.00) for the fifth
false alarm, one hundred dollars ($100.00) for the sixth false
alarm, and one hundred fifty dollars ($150.00) for the seventh and
all subsequent false alarms in each calendar year originating
from the protected premises.
(c) The service charge shall be due thirty (30) days from the
date of mailing of the bill by the city manager and shall be
payable to the city treasurer.
§12-29. Failure to pay service char.qes; revocation of
permit.
All service charges assessed against the permit holder, or alarm
system user of the protected premises if not registered, who
activates, utilizes, operates or maintains a fire alarm system shall
be due and owing to the city treasurer. In the event legal action
is necessary to collect the service charges, the owner or tenant
shall be required to pay for any and all attorneys' fees and other
costs expended by the city to collect such funds.
347
The failure of a permit holder to pay any service charge assessed
under this article when due shall constitute grounds for the
revocation of a fire alarm permit by the city manager. The
continued operation of a fire alarm system by the person who
activates, utilizes and/or maintains a fire alarm system after
notification that the permit has been revoked shall constitute a
class four misdemeanor. A fire alarm permit that has been
revoked pursuant to this section may be reinstated by the city
manager upon payment of all outstanding service charges, a
reinstatement fee of fifty ($50.00) dollars, and compliance with all
other requirements of this article.
§12-30. Appeals.
Upon application in writing by any person against whom a
service charge has been assessed under this article, the city
manager may waive the service charge for good cause shown.
§12-31. Penalties.
Except as otherwise provided, any person who violates any
section of this article shall be guilty of a class 3 misdemeanor.
2. This ordinance shall be in full force and effect on and after
January 1, 2004.
3. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:~~ ~'
Mary F. Parker Ralph K. Smith
City Clerk Mayor
348 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36362-060203.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Aporooriations
Health and Welfare
Social Services-Revenue Maximization (1) .................
$27,524,683.00
117,422.00
Revenues
Social Services
Revenue Maximization Program (2) .......................
20,195,393.00
117,422.00
01) Fees for Professional
Services
02) Revenue Maximization
Program
(001~30~315-2010)
(001-110-1234-0702)
$73,141.00
73,141.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
~~ ~'ATTEST: ~
Mary F. Parker Ralph K. Smith _
City Clerk Mayor
349
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36363-060203.
AN ORDINANCE to amend and reordain certain sections of the
2003-2004 Hotel Roanoke Conference Center Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Hotel Roanoke Conference Center Fund Appropriations
be, and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Operating
Personal Services (1) ...................................
Contractual Services (2) ................................
Other Charges (3-4) ....................................
$212,000.00
50,000.00
150,000.00
12,000.00
Revenues
Nonoperating
City Contribution (5) .....................................
Virginia Tech Contribution (6) .............................
200,000.00
100,0o0.00
100,000.00
01) Regular Employee
Salaries
02) Fees for Professional
Services
03) Administrative
Supplies
04) Training and
Development
05) City Contribution
06) Virginia Tech
Contribution
(010-320-9500-1002)
(010-320-9500-2010)
(010-320-9500-2030)
(010-320-9500-2044)
(010-110-1234-1125)
(010-110-1234-1128)
$50,000.00
150,000.00
10,000.00
2,000.00
100,000.00
100,000.00
350 -
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED j/~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36364-060203.
A RESOLUTION approving the annual operating budget of the Hotel
Roanoke Conference Center Commission for Fiscal Year 2003-2004.
WHEREAS,§21 of the Hotel Roanoke Conference Center Commission
Act (Chapter 440 of 1991 Acts of Assembly) requires that each participating party
approve the Commission's proposed operating budget for the forthcoming fiscal
year;
WHEREAS, the Commission has submitted to this Council a proposed
operating budget showing estimated revenues in the amount of $3,362,417.00 and
expenses in the amount of $3,362,417.00 for Fiscal Year 2003-2004, with the City
share of the operating subsidy being established at $100,000.00; and
WHEREAS, this Council desires to approve such proposed budget;
351
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the annual operating budget for the Hotel Roanoke Conference Center
Commission for Fiscal Year 2003-2004, a copy of which is attached to the report of
the City Manager to this Council, dated June 2, 2003, with the City's share of the
operating subsidy being established at $100,000.00, is hereby approved.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36365-060203.
AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDroDriations
Health and Welfare $4,5§0,084.00
Fifth District Disability Service Board FY03-04 (1) .............. 14,800.00
Revenues
Health and Welfare 4,550,084.00
Fifth District Disability Service Board FY03-04(2) ............... 14,800.00
352 -
01) Fees for Professional
Services
02) State Grant Receipts
(035-630-5170-2010)
(035-630-5170-5170)
$14,800.00
14,800.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:~~ ~'
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36366-660203.
A RESOLUTION authorizing the City Manager to enter into a contract
with the Fifth District Disability Services Board (" FDDSB") to provide continuing
local administrative staff support; upon certain terms and conditions.
WHEREAS, the FDDSB is responsible to local governments and serves
as a critical resource for needs assessment, information sharing and service
opportunities for citizens with disabilities, their families and the community; and
WHEREAS, funds in the amount of $14,800.00 to continue local staff
support in support of the FDDSB administration for a one (1) year period have been
allocated to the FDDSB by the State Department of Rehabilitative Services.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
353
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, the contract to provide
continuing local administrative staff support for the Fifth District Disability Services
Board as recommended in the City Manager's letter to this Council dated June 2,
2003.
2. The form of the contract, and any necessary amendments, shall be
in form approved by the City Attorney.
~ark~er ~,, ~PPROVED ~~
ry · Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36367-060203.
AN ORDINANCE authorizing the City Manager to enter into a lease
agreement with Katherine R. Baker and Dana L. Baker, for approximately 28,375
square feet of Official Tax Map #3070320, adjacent to the stadium site, for use as a
staging area and site for a construction trailer for the City's staff and consultants,
upon certain terms and conditions; and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the City
Attorney, a lease agreement with Katherine R. Baker and Dana L. Baker ("Lessor"),
for approximately 28,375 square feet of Official Tax Map #3070320, adjacent to the
stadium site, for use as a staging area and site for a construction trailer, for one
354
year, at a rate of $7,800.00 for the initial one year term, with an option to renew for
two additional one-year terms at a rate of $8,400.00 per year for each renewed term,
upon such terms and conditions as are more particularly described in the City
Manager's letter dated June 2, 2003, to this Council.
2. The City of Roanoke will indemnify and hold harmless Lessor
against all liability, cost, expense, claims, loss, damage and judgments incurred or
suffered by Lessor in connection with such lease, as required by Lessor.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ~j
Mary F. Parker Ralph K. Smith _.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36368~60203.
A RESOLUTION authorizing, among other things, the issuance of not
to exceed $50,000,000 aggregate principal amount of Industrial Development
Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health
System Obligated Group) Series 2003 A and Series 2003 B to the extent required by
Section 147 of the Internal Revenue Code of 1986, as amended.
WHEREAS, the City of Roanoke, Virginia (the "City") is a political
subdivision of the Commonwealth of Virginia exercising public and essential
governmental functions pursuant to the Constitution and laws of the Commonwealth
of Virginia; and
355
WHEREAS, the Industrial Development Authorityofthe Cityof Roanoke,
Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth
of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950,
as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the
financing or refinancing of certain projects required or useful for health care
purposes; and
WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock
corporation duly incorporated and validly existing under and by virtue of the laws
of the Commonwealth of Virginia, which owns and operates health care facilities
located in the City of Roanoke, Virginia; and
WHEREAS, the Roanoke Authority has by resolution adopted May 14,
2003 (the "Roanoke Authority Resolution") authorized the issuance of the Industrial
Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds
(Carillon Health System Obligated Group), Series 2003A and Series 2003B (the
"Bonds") in an aggregate principal amount not to exceed $50,000,000 fo~* the
following purposes: (I) (a) constructing and equipping a seven-story, approximately
147,600 square foot addition to Carilion Roanoke Memorial Hospital ("CRMH") that
is to be adjacent to the south wing of CRMH (the "CRMH Addition Project"), (b)
constructing a five-level, approximately 1,000 space parking garage across the
Roanoke River from CRMH (the "Parking Garage Project"), (c) constructing a
pedestrian bridge over the Roanoke River which will connect CRMH to the new
parking garage (the "Pedestrian Bridge Project"), (d) expanding an existing vehicle
bridge over the Roanoke River between CRMH and the new parking garage (the
"Vehicle Bridge Project"), (e) renovating certain portions of CRMH (the "CRMH
Renovation Project"), (f) acquiring certain capital equipment for use in or in
connection with CRMH (the "CRMH Equipment Project"), (g) renovating certain
portions of Carilion Roanoke Community Hospital ("CRCH") (the "CRCH Renovation
Project"), and (h) acquiring certain capital equipment for use in or in connection with
CRCH (the "CRCH Equipment Project") (the CRMH Addition Project, the Parking
Garage Project, the Pedestrian Bridge Project, the Vehicle Bridge Project, the CRMH
Renovation Project, the CRMH Equipment Project, the CRCH Renovation Project and
the CRCH Equipment Project are hereinafter collectively referred to as the "Project");
(11) paying a portion of the interest accruing on said revenue bonds during the
acquisition, construction, renovation and equipping of the Project; (111) funding a
debt service reserve fund for said revenue bonds in the event the Authority
determines at the time said revenue bonds are to be sold that a debt service reserve
fund is warranted, and (IV) paying certain expenses incurred in connection with the
issuance of said revenue bonds, including credit enhancement fees with respect to
said revenue bonds, if any; and
356 --
WHEREAS, CMC owns and operates CRMH and CRCH; the location of
the CRMH Addition Project, the CRMH Renovation Project and the CRMH Equipment
Project is on the CRMH campus at Jefferson Street and Belleview Avenue, S.E.,
Roanoke, Virginia; the location of the Parking Garage Project, the Pedestrian Bridge
Project and the Vehicle Bridge Project is 1850 Jefferson Street, S.E., Roanoke,
Virginia; and the location of the CRCH Renovation Project and the CRCH Equipment
Project is 101 Elm Avenue, S.E., Roanoke, Virginia; and
WHEREAS, the City Council of the City of Roanoke, Virginia (the
"Roanoke City Council") must first approve the issuance of the Bonds before the
Roanoke Authority can proceed with the financing; and
WHEREAS, the Roanoke Authority has delivered or caused to be
delivered to the Roanoke City Council the following: (i) a reasonably detailed
summary of the comments expressed at the public hearing held by the Roanoke
Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement
concerning the Project and the Bonds in the form specified in Section 15.2-4907 of
the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the
recommendation of the Roanoke Authority that the Roanoke City Council approve
the financing of the Project and the issuance of the Bonds; and
WHEREAS, the Roanoke City Council has determined that it is
necessary at this time to approve the issuance by the Roanoke Authority of not to
exceed $50,000,000.00 aggregate principal amount of the Bonds to promote the
improvement of the health and living conditions of the people of the City of Roanoke
and the Commonwealth of Virginia, increase opportunities for gainful employment,
improve health care and otherwise aid in improving the prosperity and welfare of
said City and Commonwealth and its inhabitants by improving the hospital facilities
of CMC;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Roanoke, Virginia as follows:
1. The Roanoke City Council hereby authorizes the issuance by the
Roanoke Authority of the Industrial Development Authority of the City of Roanoke,
Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series
2003A and Series 2003 B in an aggregate principal amount not to exceed
$50,000,000.00 (the "Bonds") for the purpose of (i) financing a portion of the costs
of the Project, (ii) paying a portion of the interest accruing on the Bonds during the
acquisition, construction, renovation and equipping of the Project, (iii) funding a
debt service reserve fund for the Bonds in the event the Authority determines at the
time the Bonds are to be sold that a debt service reserve fund is warranted and (iv)
paying certain expenses incurred in connection with the issuance of the Bonds,
including credit enhancement fees with respect to the Bonds, if any.
3'57
2. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk to the
Roanoke City Council are hereby authorized and directed, on behalf of the City, to
take any and all action necessary, including the execution of any documents, to
consummate the issuance and sale of the Bonds in conformity with the provisions
of this resolution.
3. The approval ofthe issuance of the Bonds, as required by Section
147(f) of the Internal Revenue Code of '1986, as amended, and the Act, does not
constitute an endorsement to any prospective purchaser of the Bonds or the
creditworthiness of CMC and, as required by the Act, the Bonds shall provide that
neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be
obligated to pay the principal of, the redemption premium, if any, or the interest on
the Bonds or other costs incident thereto except from the revenues and funds
pledged therefor and neither the faith or credit nor the taxing power of the
Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged
thereto.
4. This Resolution shall take effect immediately upon its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
358 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36369-060203.
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO
EXCEED FIFTY-THREE MILLION DOLLARS ($53,000,000.00) PRINClPALAMOUNT OF
CITY' OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT
REFUNDING BONDS TO MORGAN KEEGAN & COMPANY, INC., AS UNDERWRITER;
FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH
BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF
FINANCE AUTHORITY, AMONG OTHER THINGS, TO EXECUTE AND DELIVER TO
SUCH UNDERWRITER A BOND PURCHASE CONTRACT BY AND BETWEEN THE
CITY AND SUCH UNDERWRITER, TO DETERMINE THE AGGREGATE PRINCIPAL
AMOUNT OF SUCH BONDS, THE MATURITY DATES OF SUCH BONDS AND THE
PRINCIPAL AMOUNTS OF SUCH BONDS MATURING IN EACH YEAR, THE INTEREST
PAYMENT DATES FOR SUCH BONDS AND THE RATES OF INTEREST TO BE BORNE
BY SUCH BONDS, THE REDEMPTION PROVISIONS AND REDEMPTION PREMIUMS,
IF ANY, APPLICABLE TO SUCH BONDS AN D TO APPOINT AN ESCROW AGENT FOR
THE BONDS TO BE REFUNDED FROM THE PROCEEDS OF SUCH BONDS;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AN D
AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO SUCH
UNDERWRITER; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT RELATING TO
THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR
OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY
MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED
BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE
ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE
REFUNDED BONDS.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA:
SECTION l.(a) (i) Pursuant to Chapter 5.1 of Title 15.1 of the Code of
Virginia, 1950, being the Public Finance Act of 1991 as then in effect, and Ordinance
No 31375-040593 adopted by this Council on April 5, 1993, there were authorized to
be issued, sold and delivered general obligation bonds of the City in the principal
amount of $20,100,000, for the purposes specified in such ordinance.
359
(ii) Pursuant to the Public Finance Act of 1991 and Ordinance No.
31782-122093 adopted by this Council on December 20, 1993, there were authorized
to be issued sold and delivered general obligation bonds of the City in the principal
amount of $15,700,000, for the purposes specified in such ordinance.
(iii) Pursuant to Ordinance No. 31844-011894 adopted bythis Council
on January 18, 1994, the City authorized and approved the issuance and sale of the
general obligation bonds referred to in Section l(a)(i) and (ii) hereof, such bonds
having been issued in the principal amount of $35,800,000, designated as the "City
of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series ';994"
(the "Series 1994 Bonds"), dated January 1, 1994 and maturing in varying principal
amounts on August I in each of the years 1995 through 2016, both inclusive, on
August 1, 2019 and on August 1, 2024.
(b)(i) Pursuant to Section 47 of the Charter of the City an election duly
called and held in the City on November 4, 1997, and Ordinances Nos. 33497-072197
and 33498-072197 adopted by this Council on July 27, 1997, there were authorized
to be issued, sold and delivered general obligation bonds of the City in the principal
amount of $39,030,000, for the purposes specified in such ordinances.
(ii) Pursuant to Resolution No. 34476-090799 adopted bythis Council
on September 7, 1999, the City authorized and approved the issuance and sale of a
portion of the general obligation bonds referred to in Section l(b)(i) hereof, such
bonds having been issued in the principal amount of $26,020,000, designated as the
"City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series
1999A" (the "Series 1999A Bonds"), dated October 1, 1999 and maturing in varying
principal amounts on October 1 in each of the years 2000 through 2017, both
inclusive, and on October 1, 2019.
(c)(i) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950,
being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), and
Ordinance No 34255-041999 adopted by this Council on April 19, 1999, there were
authorized to be issued, sold and delivered general obligation bonds of the City in
the principal amount of $7,600,000, for the purposes specified in such ordinance.
(ii) Pursuant to the Public Finance Act of 1991 and Ordinance No.
34362-062199 adopted by this Council on June 21, 1999, there were authorized to be
issued sold and delivered general obligation bonds of the City in the principal
amount of $2,500,000, for the purposes specified in such ordinance.
360
(iii) Pursuant to Resolution No. 34476-090799 adopted bythis Council
on September 7, 1999, the City authorized and approved the issuance and sale of the
general obligation bonds referred to in Section l(c)(i) and (ii) hereof, such bonds
having been issued in the principal amount of $10,100,000, designated as the "City
of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999B
(the "Series 1999 B Bonds"), dated October 1, 1999 and maturing in varying principal
amounts on October I in each of the years 2000 through 2017, both inclusive, and
on October 1, 2019.
(d) This Council deems it advisable and in the best interest of the
City to authorize and provide for the issuance, sale and delivery of an issue of
general obligation public improvement refunding bonds for the purpose of providing
for the refunding of all or a portion of $26,800,000 principal amount of the Series
1994 Bonds maturing on or after August 1,2005 (the "Refunded 1994 Bonds"), all or
a portion of $17,575,000 principal amount of the Series 1999A Bonds maturing on
and after October 1, 2010 (the "Refunded 1999 A Bonds") and all or a portion of
$1,615,000 principal amount of the Series 1999 B Bonds maturing on and after
October 1, 2010 (the "Refunded 1999 B Bonds"). The Refunded 1999A Bonds and
the Refunded 1999 B Bonds are hereinafter referred to collectively as the "Refunded
1999 Bonds", and the Refunded 1994 Bonds and the Refunded 1999 Bonds are
hereinafter referred to collectively as the "Refunded Bonds".
SECTION 2.(a) Pursuant to the Public Finance Act of 1991, including
in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code
of Virginia, 1950, for the purpose of providing funds to refund the Refunded Bonds
in advance of their stated maturities and to pay the costs of issuance of the Bonds,
there are hereby authorized to be issued, sold and delivered not to exceed Fifty-
Three Million Dollars ($53,000,000) principal amount of general obligation refunding
bonds of the City which shall be designated and known as "City of Roanoke,
Virginia, General Obligation Public Improvement Refunding Bonds" (referred to
herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time,
or from time to time in part in series, as shall be determined by the Director of
Finance. There shall be added to the designation of the Bonds a series designation
determined by the Director of Finance. The Bonds shall be issued in fully registered
form in the denomination of $5,000 each or any integral multiple thereof. The Bonds
of a given series shall be numbered from No. R-1 upwards in order of issuance. The
Bonds shall bear interest from their date payable on such date and semiannually
thereafter as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof. The Bonds shall be issued in
361
such aggregate principal amount (not exceeding in the aggregate the principal
amount specified in Section 2(a) hereof); and shall mature on such dates and in such
years (but in no event later than July 1, 2025), and in the principal amount in each
such year, determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be
calculated on the basis of a three hundred and sixty (360) day year comprised of
twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) may be
made subject to redemption at the option of the City prior to their stated maturities,
in whole or in part from time to time on any date, in such order as may be
determined by the City (except that if at any time less than all of the Bonds of a given
maturity are called for redemption, the particular Bonds or portions thereof in
installments of $5,000 of such maturity to be redeemed shall be selected by lot),
upon payment of such redemption prices (expressed as a percentage of the
principal amount of the Bonds to be redeemed), together with the interest accrued
thereon to the date fixed for the redemption thereof, as shall be determined by the
City Manager and the Director of Finance in accordance with the provisions of
Section 8 hereof.
(d) (i) If any Bond (or any portion of the principal amount thereof
in installments of $5,000) shall be called for redemption, notice of the redemption
thereof, specifying the date, number and maturity of such Bond, the date and place
or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of such Bond is to be
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid, to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption.
If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest
thereon shall cease to accrue from and after the date so specified for the redemption
thereof.
362
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York,'New
York ("DTC"), or to its nominee. The City shall not be responsible for providing any
beneficial owner of the Bonds any notice of redemption.
SECTION 3. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and premium, if any,
and interest on the Bonds as the same become due. In each year while the Bonds,
or any of them, are outstanding and unpaid, this Council is authorized and required
to levy and collect annually, at the same time and in the same manner as other taxes
of the City are assessed, levied and collected, a tax upon all taxable property within
the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
SECTION 4.(a) The Bonds shall be executed, for and on behalf of the
City, by the manual or facsimile signatures of the Mayor and City Treasurer of the
City and shall have a facsimile of the corporate seal of the City imprinted thereon,
attested by the manual or facsimile signature of the City Clerk of the City.
(b) The Director of Finance is hereby authorized to appoint a
Registrar and Paying Agent for the Bonds.
(c) The Director of Finance shall direct the Registrar to authenticate
the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually
executed byan authorized signator ofthe Registrar. Upon the authentication of any
Bonds the Registrar shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior
to the first interest payment date, the certificate shall be dated as of the date of the
initial issuance and delivery of the Bonds of the series of Bonds of which such Bond
is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) if a Bond is authenticated after
the fifteenth (15th) day of the calendar month next preceding an interest payment
date and prior to such interest payment date, the certificate shall be dated as of such
interest payment date; and (iv) in all other instances the certificate shall be dated as
of the interest payment date next preceding the date upon which the Bond is
authenticated. In the event the Bonds of any series shall be dated as of a date other
than the first day of a calendar month or the dates on which interest is payable on
such series are other than the first days of calendar months, the provisions of this
Section 4(c) with regard to the authentication of such Bonds and of Section 9 with
regard to the form of such Bonds shall be modified as the Director of Finance shall
determine to be necessary or appropriate.
363
(d) The execution and authentication of the Bonds in the manner
above set forth is adopted as a due and sufficient authentication of the Bonds.
SECTION 5.(a) The principal of and premium, if any, and interest on the
Bonds shall be payable in such coin or currency of the United States of America as
at the respective dates of payment thereof is legal tender for public and private debts
at the office of the Registrar. Interest on the Bonds shall be payable by check mailed
by the Registrar to the registered owners of such Bonds at their respective
addresses as such addresses appear on the books of registry kept pursuant to this
Section 5.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause to be kept
at its office books of registry for the registration, exchange and transfer of Bonds of
such series. Upon presentation at its office for such purpose the Registrar, under
such reasonable regulations as it may prescribe, shall register, exchange, transfer,
or cause to be registered, exchanged or transferred, on the books of registry the
Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by
the City or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized agent, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written instrument of transfer duly
executed by the registered owner in person or by his duly authorized attorney, in
form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 5 shall be
made without expense to the registered owners of such Bonds, except as otherwise
herein provided, and except that the Registrar for such series of Bonds shall require
the payment by the registered owner of the Bond requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect
to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall
be cancelled.
364
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name
of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such
Bond will be immobilized in the custody of DTC. DTC will act as securities
depository for the Bonds. Individual purchases will be made in book-entry form
only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest in the
Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds
will be made bythe Registrar to DTC or its nominee, Cede & Co., as registered owner
of the Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal,
premium, if any, and interest payments to DTC participants will be the responsibility
of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC
participants will be the responsibility of such participants and other nominees of
such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants
who act on behalf of the indirect participants of DTC and the beneficial owners of the
Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC,
its participants or persons acting through such participants or for transmitting
payments to, communicating with, notifying, or otherwise dealing with any beneficial
owner of the Bonds.
SECTION 6.(a) CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by a
purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses
in connection with the assignment and printing of CUSIP numbers on the Bonds
shall be paid by the City; provided, however, that the CUSIP Service Bureau charge
for the assignment of such numbers shall be the responsibility of the Underwriter
(as such term is defined in Section 8(a).
365
(b) A copy of the final legal opinion with respect to the Bonds, with
the name of the attorney or attorneys rendering the same, together with a
certification of the City Clerk, executed by a facsimile signature of that officer, to the
effect that such copy is a true and complete copy (except for letterhead and date) of
the legal opinion which was dated as of the date of delivery of and payment for the
Bonds, may be printed on the Bonds.
SECTION 7. The City covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder throughout the term of the
Bonds.
SECTION 8.(a) Pursuant to the authority of and for the purl=oses
specified herein, this Council hereby authorizes the City Manager and the Director
of Finance, without further action of this Council, to sell the Bonds at a negotiated
sale to Morgan Keegan & Company, Inc., as underwriter (the "Underwriter"), at a
price not less than ninety-five percent (95%) of the principal amount of the Bonds,
plus accrued interest from the date of the Bonds to the date of delivery thereof and
payment therefor; provided, however, that the Bonds allocable to the refunding of
the Refunded 1994 Bonds may be sold to the Underwriter only if the refunding of the
Refunded 1994 Bonds will result in net present value savings to the City of not less
than $750,000 and a net present value savings ratio of not less than three percent
(3%), in each case based on the debt service on the Refunded 1994 Bonds, and that
the Bonds allocable to the refunding of the Refunded 1999 Bonds may be sold to the
Underwriter only if the refunding of the Refunded 1999 Bonds will result in net
present value savings to the City of not less than $500,000 and a net present value
savings ratio of not less than four percent (4%), in each case based on the debt
service on the Refunded 1999 Bonds, and provided further in no event shall the
underwriting compensation to the Underwriter exceed three-quarters of one percent
(3/4 of 1%) of the principal amount of the Bonds. This Council hereby further
authorizes the City Manager and the Director of Finance to execute and deliver to the
Underwriter a Bond Purchase Contract relating to the sale of the Bonds by the City
to the Underwriter in such form as shall be approved by the City Manager and the
Director of Finance upon the advice of counsel (including the CityAttorney and Bond
Counsel to the City), such approval to be conclusively evidenced by their execution
and delivery thereof. The Bonds shall bear interest at such rates per annum as shall
be approved by the City Manager and the Director of Finance; provided, however, in
no event shall the true interest rate for the Bonds exceed five and one-half percent
(5 1/2%) and provided further in no event shall the premium payable by the City upon
the redemption of the Bonds exceed two percent (2%) of the principal amount
thereof.
366 -
(b) The City Manager and the Director of Finance are hereby
authorized to cause to be prepared and deliver to the Underwriter a Preliminary
Official Statement and a final Official Statement relating the Bonds on or before the
dates specified in the Bond Purchase Contract. The City Manager and the Director
of Finance are hereby further authorized to certify that the Preliminary Official
Statement for the Bonds authorized hereunder is "deemed final" for purposes of
Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant
to the Securities Exchange Act of 1934 ("Rule 15c2-12). The Mayor of the City is
hereby authorized to execute the final Official Statement on behalf of the City.
(c) The City Manager and the Director of Finance are hereby
authorized to execute and deliver to the purchasers of the Bonds a Continuing
Disclosure Certificate relating to the Bonds evidencing the City's undertaking to
comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule
15c2-12 in such form as shall be approved by the City Manager and the Director of
Finance upon advice of counsel (including the City Attorney or Bond Counsel), such
approval to be conclusively evidenced by their execution and delivery thereof.
(d) All actions and proceedings heretofore taken by this Council, the
City Manager, the Director of Finance and the other officers, employees, agents and
attorneys of and for the City in connection with the issuance and sale of the Bonds
are hereby ratified and confirmed.
SECTION 9.(a) The City Manager and the Director of Finance are
hereby authorized to enter into an Escrow Deposit Agreement in the form
customarily entered into by the City in connection with advance refunding
transactions providing for the redemption of the Refunded Bonds (the "Escrow
Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow
Deposit Agreement. The City Manager and the Director of Finance are hereby
authorized to appoint a verification agent to verify the mathematical accuracy of
computations relating to the Bonds and the Refunded Bonds.
(b) The City Manager and the Director of Finance, or either of them,
are hereby authorized to execute, on behalf of the City, subscriptions or purchase
agreements for the securities to be purchased by the Escrow Agent from moneys
deposited in the Escrow Deposit Fund created and established under the Escrow
Deposit Agreement. Such securities so purchased shall be held by the Escrow
Agent under and in accordance with the provisions of the Escrow Deposit
Agreement.
367
(c) Subject to the sale and receipt of the proceeds of the Bonds, the
City Manager and the Director of Finance are hereby authorized to designate the
Refunded Bonds for redemption on such date or dates as they shall determine and
are hereby further authorized to direct the Escrow Agent to cause notices of the
redemption of the Refunded Bonds on such date or dates to be given in accordance
with the provisions of the proceedings authorizing the issuance of the Refunded
Bonds.
SECTION 10. The Bonds, the certificate of authentication of the
Registrar, and the assignment endorsed on the Bonds, shall be substantially in the
forms set forth in Exhibit A attached hereto.
SECTION 11. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 12. All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BOND
No. R-__ I
MATURITY DATE: INTEREST RATE:
DATE OF BOND:
$
r cusiP NO:
I
REGISTERED OWNER:
PRINCIPAL SUM:
DOLLARS
368
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall be
subject to prior redemption and shall have been duly called for previous redemption
and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on
and semiannually on each and thereafter (each such
date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of authentication is an
interest payment date, in which case from such interest payment date, or unless
such date of authentication is within the period from the sixteenth (16th) day to the
last day of the calendar month next preceding the following interest payment date,
in which case from such following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate (specified above) per
annum, by check mailed by the Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry,
as of the close of business on the fifteenth (15th) day (whether or not a business
day) of the calendar month next preceding each interest payment date. Intere~_t on
this Bond shall be calculated on the basis of a three hundred and sixty (360) day
year comprised of twelve (12) thirty (30) day months.
The principal of and premium, if any, on this Bond are payable on
presentation and surrender hereof, at the office of
, as the Registrar and Paying Agent, in the
City of __, . Principal of and premium, if any, and interest on
this Bond are payable in any coin or currency of the United States of America which,
on the respective dates of payment thereof, shall be legal tender for public and
private debts.
This Bond is one of a series of Bonds of like date, denomination and
tenor except as to number, interest rate and maturity, and is issued for the purpose
of providing funds to refund in advance of their stated maturities certain general
obligation public improvement bonds heretofore issued by the City to pay the costs
of public improvement projects of and for the City. This Bond is issued under and
pursuant to and in full compliance with the Constitution and statutes of the
Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia,
1950 (the same being the Public Finance Act of 1991), and a resolution and other
proceedings of the Council of the City duly adopted and taken under the Public
Finance Act of 1991.
369
The Bonds of the series of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after are subject to
redemption at the option of the City prior to their stated maturities, on or after
in whole or in part from time to time on any date, in such
order as may be determined by the City (except that if at any time less than all of the
Bonds of a given maturity are called for redemption, the particular Bonds or portions
thereof in installments of $5,000 of such maturity to be redeemed shall be selected
by lot), upon payment of the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
Redemption Dates Redemption Prices
(Both Dates Inclusive) (Percenta~les of Principal
Amount)
__, to __, %
__, and thereafter
[The Bonds of the series of which this Bond is one maturing on
__ are subject to mandatory sinking fund redemption on __, and
on each thereafter and to payment at maturity on __, __ in
the principal amounts in each year set forth below, in the case of redemption with
the particular Bonds or Bonds or portions thereof to be redeemed to be selected by
lot, upon payment of the principal amount of the Bonds to be redeemed, together
with the interest accrued on the principal amount to be redeemed to the date fixed
for the redemption thereof:
Year Principal
( ) Amount
37O
The City, at its option, may credit against such mandatory sinking fund
redemption requirement the principal amount of any Bonds maturing on _,
which have been purchased and canceled by the City or which have been
redeemed and not theretofore applied as a credit against such mandatory sinking
fund redemption requirement.]
If this Bond is redeemable and this Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of this Bond is to be
redeemed, that this Bond must be surrendered in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice
of the redemption of this Bond (or the portion of the principal amount hereof to be
redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of
the accrued interest and premium, if any, payable upon such redemption shall have
been duly made or provided for, interest hereon shall cease to accrue from and after
the date so specified for the redemption hereof.
Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggregate
principal amount of Bonds of other authorized principal amounts and of the same
series, interest rate and maturity. This Bond is transferable bythe Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, series, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar. --
371
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, and interest on this Bond
as the same become due. In each year while this Bond is outstanding and unpaid,
the Council of the City is authorized and required to levy and collect annually, at the
same time and in the same manner as other taxes of the City are assessed, levied
and collected, a tax upon all property within the City, over and above all other taxes,
authorized or limited by law and without limitation as to rate or amount, sufficient
to pay the principal of and premium, if any, and interest on this Bond to the extent
other funds of the City are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
bythe Constitution or statutes of the Commonwealth of Virginia orthe Charter of the
City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the man ual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of the City Clerk of the City; and this Bond to be dated as of the
day of ,200_.
[SEAL]
Attest:
City Treasurer
City Clerk
372
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
],
as Registrar
By:
Authorized Signator
Date of Authentication:
ASSIGNMENT
FOR VALUED RECEIVED the undersigned hereby sell(s),assign(s)and
transfer(s)unto
(Please print or type name and address, including postal zip code ot
Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
the within Bond and all rights thereunder, hereby irrevocably constituting and
appointing , Attorney, to
transfer such Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
373
(Signature of Registered Owner)
NOTICE: Signature(s) must be
guaranteed by a member firm of The New
York Stock Exchange, Inc. or a
commercial bank or trust company
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
front of this Bond in every particular,
without alteration or enlargement or any
change whatsoever.
ATTEST:/~~ ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of June, 2003.
No. 36370-060203.
AN ORDINANCE establishing compensation for the City Manager, City
Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year
beginning July 1, 2003; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. For the fiscal year beginning July 1, 2003, and ending June 30,
2004, and for succeeding fiscal years unless modified by ordinance duly adopted by
this Council, the annual salaries of Council-appointed officers shall be as follows:
374
City Manager
City Attorney
Municipal Auditor
City Clerk
Director of Finance
Current salary plus 2.25%
Current salary plus 2.25%
Current salary plus 2.25%
Current salary plus 2.25%
$120,000.00
2. Any increase in compensation due to any officer or employee
under this Ordinance shall be first paid with the paycheck of July 2, 2003.
3. The Director of Finance shall continue to pay on an installment
basis the sum of $8,000.00 per calendar year to ICMA as deferred compensation on
behalf of the five incumbent Council-appointed officers. The sum shall be paid in
equal quarterly installments.
4. In no calendar year shall amounts of deferred compensation
contributed by the City to ICMA on behalf of the Council-appointed officers exceed
the maximum amount permitted by the Internal Revenue Code and IRS regulations
to be deferred on a tax-free basis annually.
5. The Director of Finance shall be authorized, for and on behalf of
the City, to execute any documents required by ICMA to implement this ordinance.
6. This ordinance shall remain in effect until amended or repealed
by ordinance duly adopted by City Council.
7. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED ~~
~~ ~'ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
375
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36371-061603.
A RESOLUTION paying tribute to Willard Nathan Claytor, Director of
Real Estate Valuation for the City of Roanoke, and expressing to him the
appreciation of this City and its people for his exemplary public service.
WHEREAS, Mr. Claytor has announced his retirement as Director of
Real Estate Valuation effective August 1,2003, after 19 years of service with the City;
WHEREAS, Mr. Claytor graduated with a bachelor's degree in business
administration from Central State University in Xenia, Ohio and earned a master's
degree in business administration from Lynchburg College School of Business;
WHEREAS, Mr. Claytor joined the U.S. Air Force in 1969 and was
honorably discharged in 1975;
WHEREAS, Mr. Claytor first came to work for the City in January 1976
and served as a Real Estate Appraiser for the Real Estate Valuation Department antil
1979;
WHEREAS, in Mr. Claytor was promoted to Deputy Director of the Real
Estate Valuation Department and served in that position from 1979 to 1983;
WHEREAS, in May 1983, Mr. Claytor left the City to accept a position as
Real Estate Assessor for the City of Charlottesville, and Mr. Claytor became a
licensed real estate broker in July 1987 and worked in that capacity until March 1992;
WHEREAS, Mr. Claytor returned to the City in March 1992 as the
Director of Real Estate Valuation and has served in that position for over eleven
years;
WHEREAS, Mr. Claytor was instrumental in replacing the City's' old
CARAT system with Proval, the new Computerized Mass Appraisal System, and had
the foresight to instruct staff to take digital photos of the City's 35,000 improved
structures, organize the real estate data, and attach all to the GIS system for the
City's website; and
376
WHEREAS, Mr. Claytor has served as a member of the Roanoke City
Planning Commission and the City Community Relations Task Force, and is
currently a member of the Roanoke Valley Board of Realtors, Virginia Association
of Assessing Officers, serving on the board of directors from 1998 to 1999; the
International Association of Assessing Officers; the Multiple Listing Association;
Sigma Pi Phi Fraternity; and Phi Theta Kappa National Honor Society.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this means of recognizing and commending
the many years of service rendered to the City of Roanoke and its people by
Willard Nathan Claytor.
2. The City Clerk is directed to transmit an attested copy of this
resolution to Mr. Claytor.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36372-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Water and Capital Projects Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Water and Capital Projects Funds Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
377
Water Fund
Appropriations
Capital Outlay
Public Improvement Bonds Series 2002 (1) ...............
Crystal Springs Construction Administration (2) ...........
Capital Projects Fund
A=oroDriations
9,361,522.00
472.00
199,528.00
Flood Reduction
Technology Communities Digital Maps (3) ................
Economic Development
RCIT Addition - Property (4) ............................
Public Safety
New Police Building Construction (5) ....................
Police Building Design (6) ..............................
Regional Fire/EMS Training Center (7) ...................
Radio Shop FCC Training (8) ...........................
General Government
Security at Public Works Service Center (9) ...............
Quick Service Facility at Public Works Service Center (10)...
Recreation
Gainsboro Branch Library Improvements (11) .............
Streets and Bridges
2nd StreetJGainsboro/Wells Avenue (12) ...................
Peters Creek Road Extension (13) .......................
Brandon Avenue Widening -VDOT (14) ...................
Storm Drains
Windsor Road Replace Well System (15) ..................
Miscellaneous Storm Drain Projects (16) ..................
Garden City Phase 7 Storm Drains (17) ...................
Salem Turnpike Drain 29th/31't (18) .......................
18,665,464.00
25,152,688.00
3,271,334.00
8,225,244.00
4,758,287.00
1,257,924.00
840,132.00
9,461.00
9,751,854.00
1,315.00
25,761,116.00
180,063.00
27,168,948.00
6,325,075.00
775,630.00
47,847.00
3,513,108.00
43,407.00
312,116.00
92,461.00
77,690.00
378
Trout Run Culvert Repairs (19-20) ........................
Traffic Engineering
Williamson/Hilderbrand Road Signal (21) ..................
Capital Improvement Reserve
Capital Improvement Reserve (22-25) .....................
Public Improvement Bonds Series 1999 (26) ...............
$ 214,896.00
5,635,273.00
47,243.00
843,807.00
838,450.00
5,357.00
Revenues
Intergovernmental (27) ..................................
1) Crystal Springs Plant
Construction
2) Appropriated from Series
2002 Bond Issue
3) Appropriated from
Federal Grant Funds
4) Appropriated from
General Revenue
5) Appropriated from
General Revenue
6) Appropriated from
General Revenue
7) Appropriated from
General Revenue
8) Appropriated from
General Revenue
9) Appropriated from
General Revenue
10) Appropriated from
General Revenue
11) Appropriated from
General Revenue
12) Appropriated from
General Revenue
13) Appropriated from
General Revenue
(002-530-8400-9199)
(002-530-8402-9076)
(008-510-9655-9002)
(008-052-9629-9003)
(008-052-9563-9003)
(008-052-9564-9003)
(008-052-9718-9003)
(008-430-9851-9003)
(008-530-9761-9003)
(008-530-9762-9003)
(008.052-9626-9003)
(008.052-9547-9003)
(008.052-9595-9003)
$ 472.00
(472.00)
(30,000.00)
(63,563.00)
(2,501.00)
(6.oo)
(6,513.00)
(539.00)
(13,785.00)
(50,000.00)
(1,012.00)
(258,352.00)
(14,453.00)
3,706,141.00
379
14) Appropriated from
General Revenue
15) Appropriated from Series
1996 Bond Issue
16) Appropriated from
General Revenue
17) Appropriated from Series
1996 Bond Issue
18) Appropriated from Series
1999 Bond Issue
19) Appropriated from Series
1999 Bond Issue
20) Appropriated from Series
1996 Bond Issue
21) Appropriated from Series
1999 Bond Issue
22) Buildings and Structures
23) Storm Drains
24) Economic Development
25) VDOT Match
26) Streets and Sidewalks
27) FEMA - Digital Flood Maps
(008-052-9604-9003)
(008-052-9580-9088)
(008-052-9688-9003)
(008-052-9693-9088)
(008-052-9697-9001)
(008-530-9810-9001 )
(008-530-9810-9088)
(008-530-9579-9001)
(008-052-9575-9173)
(008-052-9575-9176)
(008-052-9575-9178)
(008-052-9575-9210)
(008-052-9709-9191 )
(008-008-1234-1265
$ (8,254.00)
(9,593.00)
(3,723.00)
(16,539.00)
(1,890.00)
1,890.00
26,132.00
(5,357.00)
74,356.00
3,723.00
63,563.00
281,059.00
5,357.00
(30,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
380
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36373-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Department of Technology, Fleet Management and Risk Management Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Department of Technology, Fleet Management and Risk
Management Funds Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Der~artment of TechnoloQ_v
Appropriations
Operating (1-2) ........................................ $ 3,781,330.00
Revenues
Operating (3-4) ........................................ 4,343,288.00
Nonoperating (5) ...................................... 930,232.00
Fleet ManaQement Fund
ADoroDriations
Operating (6-8) ........................................ 3,270,039.00
Revenues
Operating
Billings to Other Funds (9-12) ...........................
Nonoperating (13) ......................................
4,507,394.00
2,927,353.00
1,293,336.00
381
Risk Manaqement Fund
Appropriations
Operating (14-19) ...................................
$12,860,812.00
Revenues
Operating (20-22) ...................................
Nonoperating (23) ..................................
11,339,570.00
509,7!6.00
1) Telephone
2) Equipment Rental
3) Billings to General Fund
4) Billings for Phone Charges
5) Transfer from General Fund
6) Fees for
Professional Services
7) Motor Fuel Purchases
8) Cost of Goods Sold
9) Billings to General Fund
10) Billings to Water Fund
11) Vehicle Damage Repair
12) Fuel Billings
13) Transfer from
General Fund
14) Fees for Professional
Services
15) Miscellaneous Claims
16) Litigation
17) Insurance
18) Vehicle Damage Repair
19) Workers
Compensation - Medical
20) Billings to General Fund
21) Billings to Water Fund
22) Worker's Compensation -
Medical
23) Damages to City Property
(013-430-1601-2020)
(013-430-1601-3070)
(013-110-1234-0952)
(013-110-1234-1314)
(013-110-1234-1037)
(017-440.2641-2010)
(017-440-2641-3013)
(017-440-2641-3016)
(017-110-1234-0952)
(017-110-1234-0953)
(017-110-1234-1177)
(017-110-1234-1279)
(017-110-1234.0951)
(019-340-1262-2010)
(019-340-1262.2173)
(019-340-1262-2179)
(019-340-1262-3020)
(019-340 -1262 -7008)
(019~40-1265~181)
(019-110-1234-0952)
(019-110-1234-0953)
(019-110-1234.1171)
(019-110-1234-0865)
$ 92,325.00
71,475.00
131,747.00
163,800.00
(131,747.00)
35,000.00
138,000.00
140,300.00
33,900.00
24,400.00
25,000.00
138,000.00
92,000.00
44,716.00
37,000.00
45,000.00
162,000.00
25,000.00
55,000.00
160,333.00
108,667.00
55,000.00
44,716.00
382 --
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36374-061603.
AN ORDINANCE repealing Ordinance No. 36307-051203, adopted on
May 12, 2003; and amending and reordaining §32-276, Tax levied; amount, of the
Code of the City of Roanoke (1979), as amended, to provide for an increase in the
special tax imposed on the consumers of telephone service to offset costs
attributable to the enhanced 911 Emergency Telephone System; providing for an
effective date; and dispensing with the second reading by title paragraph of this
ordinance.
WHEREAS, pursuant to §58.1-3813, Code of Virginia (1950), as
amended, City Council has established an enhanced 911 Emergency Telephone
System ("E-911") and has imposed a special tax on the consumers of telephone
service; and
WHEREAS, the current tax is insufficient to' offset recurring
maintenance, repair and system upgrade costs, and salaries or portions of salaries
of dispatchers paid by the City which are directly attributable to the E-911 system
only;
383
WHEREAS, Ordinance No. 36307-051203, heretofore adopted on May 12,
2003, increasing the special tax provided for in §32-276, of the City Code, failed to
reach the providers of telephone service, as required by law, within 120 days prior
to its effective date;
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Ordinance No. 36307-051203, adopted May 12, 2003, is hereby
REPEALED.
2. Section 32-276, Tax levied; amount, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
§32-276. Tax levied; amount.
There is hereby imposed and levied by the city upon every
purchaser of local telephone service a tax in the amount
of ~,~ ~-" .... ~ f~y_fi ..... ,~,
~,,~,,o, ,,,,,, v~ ,.=,,,o t,,,.---,/ two dollars
($2.00) per month per telephone line. This tax shall be paid
by the purchaser to the seller of local telephone service
for the use of the city to offset recurring maintenance,
repair, and system upgrade costs, and salaries or portions
of salaries of dispatchers paid by the city which are
directly attributable to the E-911 system only.
3. The tax increase authorized by this ordinance shall be in force
and effect upon and after November 1, 2003.
4. The City Clerk is directed to forward an attested copy of this
ordinance by certified mail, return receipt requested, to the registered agent of the
service provider required to collect the tax so that an attested copy will be received
by such registered agent at least one hundred and twenty (120) days prior to
November 1, 2003.
384
5. Pursuant to §12 of the Roanoke City Charter, the second reading
by title paragraph of this ordinance is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36375-061603.
AN ORDINANCE amending and reordaining Article III, Public Markets,
of Chapter 24, Public Buildinas and Property_ Generally, of the Code of the City of
Roanoke (1979), as amended, by amending certain sections therein, repealing
section 24-70, Si.~n reauired on vehicles used by hucksters or peddlers, and adding
Section 24-77, Rules and requlations for use of market spaces, in order to update
such Article III; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Article III, Public Markets, of Chapter 24, Public Buildings and
Propertv Generallv. of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
ARTICLE III. PUBLIC MARKETS
§24-61. Violations of article.
Except as otherwise specifically provided, a violation of
any provision of this article shall constitute a Class 4
misdemeanor.
385
§24-62. Definition.
As used in this article, the term "market", "public market",
or "market area" shall mean and include all market spaces
designated in accord accordance with section 24-63 and
all streets which have been set aside for market purposes.
§24-63. Where held.
(a) Public markets shall may be held on in the market
buiidim3 public sidewalks, the public parking areas, and/or
on the public streets designated in this section.
(b) The portion of the public sidewalks, parking areas,
and streets that may be used for public markets consists
of the market area lying north of Church Avenue, west of
Second-Sfl'eet Williamson Road, south of Salem Avenue
and east of ~nd, ~;~c~;;~,~n§ W=~ ,C~r~[ Jefferson Street and
shell may be marked off by the city manager into market
spaces. The spaces so marked off are hereby set aside for
the producers of farm, and domestic products, and other
approved items to sell their produce, products, and items.
The city manager may place reasonable restrictions on the
use of all or part of such spaces.
(c) In the event there are more applicants for market
spaces than there are market spaces available, the city
manager may authorize the assignment of additional
spaces on ~n~ ~r~ ~h~ ~,oo .......,,,~,'-, o=~ o=,~= ........ fo, ,, ,,,, ~=;--"
pml=oses on a public street, sidewalk or parking area that
has been set aside for market purposes.
24-64. ODeratinq hours.
386
The market may be available for operation from 5:00 a.m.
to 6:30 p.m. Monday through Saturday. Days and hours
for the operation of the market shall be established by the
city manager and set forth in the rules and regulations
authorized by Section 24-77 below.
§24-66. Curb Market soaces qenerallv.
(a) Any person who wants to offer for sale in market
spaces produce, other commodities, or such other goods
as may be permitted by the city manager, shall, prior to
any such offering, obtain a license or permit to do so from
the city manager. Such license or permit may be issued
on a yearly, monthly, or daily basis subject to payment of
a market space fee as approved by the city council.
(b) Any person having entered into a yearly, monthly or
daily corrtmet license or permit with the city for any curb
market space at the market shall have the right to use
such space at the permitted times any-time during the
term of the coflfl'ac~license or permit; provided, however,
that should such person not occupyhis their space by the
time established by the city manager in the rules and
regulations authorized by §24-77 below on any morning,
the city manager may ~ permit the use of
such space by -~o-any other person for such day. Should
387
(c) All daily re~n~-~-urb-fees for market spaces at
the market shall be a~ a::ch ~p~-c~ &~ ~-r~ ~-~§,-~ ,~y ~he
c~ charged at the rate designated for such
space. Such spaces shall may be assigned by the city
manager on a first come, first serve basis during the hours
that fl'~-ofr-r~of the market is open.
§24-67. License or authorization prerequisite to occupancy of market
space or-stall.
No person shall occupy any market space or-stall-et-the
~ for the sale of any articles or things for which a
license tax is required by eha~his Code;-, until he
such person has obtained a any required license or
authorization for such privilege from the commissioner of
the revenue or from any other required federal, state or
local governmental agency.
§24-68. Maintenance of market spaces and-stalls.
Each occupant of a market space or-stall shall, before
leaving the same at the close of the business day, clean
the space ~ and remove therefrom and properly
dispose of all garbage, trash, refuse and other waste
material.
§24-69. Arranqement of articles and vehicles.
The city manager shell may direct or approve the
arrangement and position display of all articles items
brought to the market for sale or display and of all
vehicles used at the market. It shall be unlawful for any
person to fail or refuse to obey any such directions.
388 -
§24-71. Vacant ~ market spaces; recovery ofre~ts fees; transfer
of stalls market spaces.
If the rentst fee payments for a stall market space at-the
market-are is in arrears for more than ten (10) days, or if
for any cause there shall be a failure,' ,
to supply the stall space with articles approved items for
sale, for which it-was-rented the space was obtained, the
city n~anagar ~ay ~,eclara :.~a a:all Yacan: for the period of
time designated in the license or permit in violation of the
rules and regulations authorized by Section 24-77 below,
or any other violation of the license or permit, the city
manager may declare the market space vacant and
immediately terminate any license or permit for such
space. In every such case, and in every other case where
a s~afl market space may become vacant, the city
manager;, a~ar poa~;n,~ ........ ........... L . . _,.L- , .
. ..... . .... . ......... .~. ...... ,--, ...... : :,~- a~all may
allow the use of such market space by others for the
remainder of the term of the license or permit and may for
he-shaH-also proceed to recover the rent fees due by the
rewtm, person who has forfeited his the right to the stall
market space. No renter licensee or permittee of a stall
market space hrthe-market shall be permitted to sublet or
transfer the same without the prior written consent of the
city manager, first-obt~rm~.
§24-72. Sale or purchase of oerishables aenerallv.
(a) No person, except the producer or a properly
I~ authorized person oFthe-same shall sell
or offer for sale any vegetables, fruits, eggs, butter or
other family items supples of a perishable nature at the
market. No person, including producers, and-licensed
peddlers;, shall sell any such suppfles items at any place
which is outside the market area but within five (5) blocks
thereof except with the prior written consent of the city
manager.
389
(b) No person shall buy any vegetables, fruits, eggs,
butter or other ~ permitted items of a
perishable nature at the market spaces and sell or offer
the same for sale/¢horeofl at market spaces without the
prior written consent of the city manager, it being the
intention of this provision to prevent regrading at the
market.
(c) This section shall not apply or be construed to
apply to or prevent any regutaHy properly licensed
merchant having a fixed and designated place of business
anywhere in the city from purchasing such-suppries-the
items mentioned in this section and selling or offering the
same for sale at his such merchant's place of business.
§24-73. Sale of meat.
The sale of any meat, meat products, and poultry, or
poultry products, or other food products as may be
permitted by the city manager must conform to all
inspection laws of the this state or the United States,
whichever is applicable, and all health regulations must be
complied with as to cooling, handling, and packaging, and
sale of such products.
§24-74. Sale ofhandict~rf~ art and craft items.
Persons engaged in art and craft handicraft skills may sell
market spaces designated by the city manager those art
and craft items which have been approved by the city
manager pursuant to the rules and regulations authorized
by Secti 77 b Io ..... ~y ----' .......... -'--
on 24- e w. ,~,,
--= .....-_.. .... L ...... ..,_ ........ Ea h
selling art and craft ~ items on the city market, in
addition to market space t~rtat fee charges, shall pay the
appropriate city license tax and, upon at the request of the
city manager shall certify, by a sworn affidavit, that those
handicf~t such items to be sold were fashioned by such
person, their employee, or a family member.
390 -
§24-75. Auction sales.
No person shall sell, at public auction, any article or
material at the market, without having first obtained a
permit from the city manager.
§24-76. Requirement of a license lease or permit; prohibited uses of
spaces and tables: oenalties.
(a) Market spaces or-stalls shall be used only by
persons, including their agents and employees,
possessing a valid ~ license or permit issued by the
city manager. ---' th~ ........ -' .......... ~f .... "
(b) No person shall sit or lie on or under market tables
or make any use of any market space ~ other than
those uses authorized by this article or by a valid license
or permit issued by the city manager.
(c) Violation of this section shall constitute a class 4
misdemeanor. A second or subsequent violation of this
section shall constitute a class 2 misdemeanor.
§24-77. Rules and Repulations for use of market soaces.
The city manager is authorized to promulgate rules and
regulations, including modifications thereto, for the
operation and use of the market spaces.
2. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
391
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th dayofJune, 2003.
No. 36376-061603.
A RESOLUTION authorizing the City Manager to prepare the necessary
documents to petition the State Soil and Water Conservation Board for the City to
become a member of the Blue Ridge Soil and Water Conservation District; and to
take other related actions as necessary.
WHEREAS, the Blue Ridge Soil and Water Conservation District (Blue
Ridge District) is an autonomous elected body with the mission of promoting
conservation of natural resources, accomplished through educational programs and
technical assistance to citizens of Henry, Franklin and Roanoke Counties;
WHEREAS, membership of the City of Roanoke in the Blue Ridge
District will enable City residents to utilize the Blue Ridge District's educational,
technical and grant programs; and
WHEREAS, two representatives will be appointed initially, by the Blue
Ridge District Board of Directors, if Roanoke is granted membership between
regularly scheduled elections; thereafter two representatives, with four year terms,
will be elected by City voters at regularly scheduled elections.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. The City Manager and the City Clerk, are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, the necessary
documents to petition the State Soil and Water Conservation Board for the City to
become a member of the Blue Ridge District; and to take other related actions as
necessary, as recommended in the City Manager's letter to this Council ¢iated
June 16, 2003.
392
2. The form of the documents shall be in form approved by the City
Attorney.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36377-061603.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Community Development Block Grant FY04 (1-50) .............
Community Development Block Grant FY03 (51) ..............
Community Development Block Grant FY02 (52-54) ............
Community Development HOME Program
HOME Investment Partnership FY04 (55-62) .................
HOME Investment Partnership FY03 (63) ....................
HOME investment Partnership FY02 (64-68) .................
$ 2,797,051.00
3,032,210.00
3,612,926.00
5,179,894.00
784,716.00
802,329.00
798,510.00
393
Health and Welfare $ 4,612,284.00
Emergency Shelter Grant FY04 (69-72) ..................... 77,000.00
Revenues
Community Development Block Grant FY04 (73-82) ............
Community Development Block Grant FY03 (83-84) ............
2,797,051.00
3,032,210.00
Community Development HOME Program
HOME Investment Partnership FY04 (85-86) ..................
HOME Investment Partnership FY03 (87) ....................
HOME Investment Partnership FY02 (88-89) ..................
5,179,894.00
784,716.00
802,329.00
798,510.00
Health and Welfare
Emergency Shelter Grant FY04 (90) .........................
4,612,284.00
77,0@0.00
1) Care/Quick Response -
Program
2) Care/Quick Response -
Support
3) Care/Quick Response -
Administration
4) Empowering Individuals
With Disabilities
5) TAP - Helping Elderly
6) Demolition
7) BRHDC Connect Four
8) Connect Four - Support
9) Connect Four Administration
10) Southeast Pilot Project -
RRHA
11) Southeast Pilot Project.
Support
12) Southeast Pilot Project -
Administration
(035-G04-0420-5003)
(035-G04-0420-5374)
(035-G04-0420-5375)
(035-G04-0420-5057)
(035-G04-0420-5080)
(035-G04-0420-5108)
(035-G04-0420-5354)
(035-G04-0420-5382)
(035-G04-0420-5383)
(035-G04-0420-5369)
(035-G04-0420-5376)
(035-G04-0420-5378)
$125,000.00
55,000.00
15,000.00
26,800.00
67,000.00
90,000.00
119,796.00
23,000.00
31,653.00
75,000.00
140,000.00
30,000.00
394
(035-G04-0420-5396)
(035-G04-0420-5397)
(035-G04-0420-5398)
(035-G04-0420-5399)
(035-G04-0420-5400)
(035-G04-0420-5401)
(035-G04-0421-5284)
(035-G04-0421-5402)
(035-G04-0421-5403)
13) Independent Housing -
Special Needs
14) In-Fill Development Initiative
15) Habitat-For-Humanity
16) Mortgage Assistance Program
17) RAM House Improvements
18) Rebuilding Neighborhoods
19) Fair Housing Study
20) Daycare Services Initiative
21) Historic Review Services
22)
23) Planning Assistance for
Target Neighborhoods
24) Neighborhood Business
Development
25) Hotel Roanoke 108 Interest
26) Presbyterian Community
Renovations
27) SE Project, Facade Grants
28) SE Project, Infrastructure
29) Mini-Grants Melrose/Rugby
30) Mini-Grants Loudon/Melrose
31) Mini-Grant Old Southwest, Inc.
32) Neighborhood Development
Grants
33) Mini-Grant Loudon/Melrose
34) Neighborhood Development-
Lead Based
35) Melrose/Rugby
Neighborhood Forum - NDG
36) Northwest Neighborhood
Improvement - NDG
37) Empowering Individuals
With Disabilities
38) Apple Ridge Farm
39) City-Wide Youth Program
40) Emergency Assistance Fund
41) West End Center
42) YMCA - Hurt Park
Housing Strategy Development (035-G04-0421-5404)
(035-G04-0421-5405)
(035-G04-0430-5021)
(035-G04-0430-5135)
(035.G04-0437-5406)
(035-G04-0437-5407)
(035-G04-0437-5408)
(035-G04-0437-5249)
(035-G04-0437-5257)
(035-G04-0437-5409)
(035-G04-0437-5028)
(035-G04-0437-5245)
(035-G04-0437-5361)
(035-G04-0437-5410)
(035-G04-0437-5411 )
(035-G04-0438-5057)
(035-G04-0438-5084)
(035-G04-0438-5153)
(035-G04-0438-5158)
(035-G04-0438-5160)
(035-G04-0438-5169)
$ 200,000.00
150,000.00
151,771.00
100,000.00
20,000.00
25,000.00
10,000.00
15,000.00
5,000.00
50,000.00
40,000.00
70,350.00
257,737.00
50,000.00
100,000.00
370,000.00
2,00O.OO
1,600.00
1,870.00
9,885.00
10,000.00
10,000.00
10,000.00
4,645.00
16,750.00
17,420.00
16,750.00
35,000.00
17,886.00
32,297.00
395
43) Resource Mothers
44) Business Training Initiative -
FDETC
45) CHIP Family
Strengthening Support
46) YWCA Youth Club
47) Presbyterian Family Services
48) Individual Development
Account
49) SE Healthcare Transportation
50) Summer Camp Scholarship -
B&G
51) Hotel Roanoke 108 Interest
52) Hotel Roanoke 108 Interest
53) Unprogrammed CDBG Other
54) Unprogrammed CDBG RRHA
55) Connect Four SE
56) Connect Four - CHDO Project
SE
57) Connect Four Operating SE
58) Connect Four Administration
SE
59) Southeast Pilot Project
60) Southeast Pilot Project -
Administration
61) Washington Park/Hope VI
62) Washington Park/Hope VI
Administration
63) Connect Four SE
64) Connect Four SE
65) Connect Four SE
66) Consolidated Rehabilitation
Loans RRHA
67) Unprogrammed - HOME
68) Connect Four SE
69) ESG - Trust
70) ESG - RAM House
(035-G04-0438-5222)
(035-G04-0438-5263)
(035-G04-0438-5299)
(035-G04-0438-5350)
(035-G04-0438-5372)
(035-G04-0438-5412)
(035-G04-0438-5413)
(035-G04-0438-5414)
(035-G03-0330-5135)
(035-G02-0230-5135)
(035-G02-0240-5189)
(035-G02-0240-5197)
(035-090-5311-5386)
(035-090-5311-5384)
(035-090-5311-5385)
(035-090-5311-5387)
(035-090-5311-5379)
(035-090-5311-5380)
(035-090-5311-5283)
(035-090-5311-5381 )
(035-090-5325-5386)
(035-090-5309-5386)
(035-090-5324-5386)
(035-090-5309-5333)
(035-090 -5324-5320)
(035-090 -5324-5386)
(035-630-5174-5251 )
(035-630-5174-5252)
20,000.00
16,750.00
17,699.00
16,750.00
50,000.00
33,442.00
18,000.00
25,200.00
275,946.00
20,824.00
(1,703.00)
(19,121.00)
220,430.00
113,957.00
11,396.00
8,933.00
210,000.00
20,000.00
180,000.00
20,000.00
41,329.00
5,895.O0
8,463.00
(5,895.00)
(8,463.00)
17,413.00
30,260.00
16,840.00
396 -
71) ESG - TAP Transitional
Living Center
72) ESG - Roanoke Valley
Interfaith Hospitality Network
73) CDBG - Entitlement
74) Other Program Income -
RRHA
75) Lease Payment - Cooper
Industries
76) Sands Woody Loan
Repayment
77) TAP - SRO Loan Repayment
78) Homeownership Assistance
Atlantic
79) Lagniappe Loan Repayment
80) Downtown Associates
81) Hotel Roanoke Section 108
Loan Repayment
82) Rental Rehabilitation
Repayment
83) Homeownership Assistance
Atlantic
84) Hotel Roanoke Section 108
Loan Repayment
85) HOME Federal 03-04
86) HOME Program Income -
FY04
87) HOME Program Income -
FY03
88) HOME Program Income -
First Union FY02
89) HOME Program Income -
RRHA FY02
90) Emergency Shelter
Grant FY 04
(035-630-5174-5253)
(035-630-5174-5254)
(035-G04-0400-2401)
(035-G04-0400-2403)
(035-G04-0400-2406)
(035-G04-0400-2417)
(035-G04-0400-2420)
(035-G04-0400-2422)
(035-G04-0400-2431)
(035-G04-0400-2433)
(035-G04-0400-2434)
(035-G04-0400-2440)
(035-G03-0300-2222)
(035-G03-0300-2234)
(035-090-5311-5311)
(035-090-5326-5326)
(035-090 -5325-5325)
(035-090-5324-5320)
(035-090-5324-5324)
(035-630-5174-5175)
$ 20,000.00
9,000.00
2,207,000.00
15,000.00
13,333.00
6,722.00
5,618.00
15,000.00
7,620.00
1,758.00
500,000.00
25,000.00
7,744.00
268,202.00
759,716.00
25,000.00
41,329.00
16,612.00
801.00
77,000.00
397
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36378-061603.
A RESOLUTION accepting the Fiscal Year 2003-2004 funds for the
Community Development Block Grant (CDBG) program, the HOME Investment
Partnerships program (HOME) and the Emergency Shelter Grant (ESG) program and
authorizing the City Manager to execute the requisite Grant Agreements with the
United States Department of Housing and Urban Development (HUD).
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Fiscal Year 2003-2004 funds for the CDBG, HOME and ESG
programs are hereby ACCEPTED, upon receipt of approval letters from HUD.
2. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, the requisite Grant Agreements with the United States
Department of Housing and Urban Development for such funds, the Funding
398
Approvals, and any and all understandings, assurances and documents relating
thereto, in such form as is approved by the City Attorney, as more particularly set
out in the City Manager's letter dated June 16, 2003, to City Council.
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36379-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appro_oriations
General Government $ 162,692.00
Local Match Funding for Grants (1) ...................... 100,000.00
Revenues
General Government 162,692.00
Local Match Funding for Grants (2) ...................... 100,000.00
399
1) Local Match Funding
2) Local Match Funding
For Grants
(035-300-9700-5415) $ 100,000.00
(035-300-9700-5207) 100,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~r
Mary F.
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36380-061603.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as
amended, by adding a new Article Vii, Mo~)eds. Bicycles and Electric Power-Assisted
Bicycles. to Chapter 20, Motor Vehicles and Traffic; providing for an effective date;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the addition of new Article VII, Mo~)eds. Bicycles and
Electric Power-Assisted Bicycles, to Chapter 20, Motor Vehicles and Traffic, to read
and provide as follows:
400
ARTICLE VII
MOPEDS, BICYCLES AND ELECTRIC POWER-ASSISTED BICYCLES
§20-131. Definition, aqe of operation.
The term "bicycle" as used in this chapter, means any
device propelled solely by human power, having pedals,
two or more wheels, and a seat height of more than
twenty-five inches from the ground when adjusted to its
maximum height (a recumbent device shall be deemed a
bicycle regardless of seat height).
The term "electric power-assisted bicycle" as used in this
chapter means a bicycle equipped with an electric motor
that reduces the pedal effort required of the rider, but does
not eliminate the rider's need to pedal. For purposes of
this article, an electric power-assisted bicycle shall be a
vehicle when operated on a street.
The term "moped" is defined as a conveyance that is
either (a) a bicycle-like device with pedals and a helper
motor which is rated at no more than two (2) brake
horsepower and produces speeds up to a maximum of
thirty (30) miles per hour or (b) a motorcycle with an
engine displacement of fifty (50) cubic centimeters or less
and a maximum speed of less than thirty (30) miles per
hour. For purposes of this article, a moped shall be a
vehicle when operated on a street.
No person under the age of sixteen (16) years shall
operate a moped on any street in the city.
§20-132. Penalties.
Any person who shall remove, change, alter or mutilate
any electric power-assisted bicycle or moped frame
number in violation of section 20-141 of this article shall
be deemed guilty of a class 3 misdemeanor; and except as
401
otherwise provided herein, any person who shall violate
any other provision of this article shall be deemed guilty
of a traffic infraction which shall be punishable by a fine
of not more than two hundred dollars ($200.00).
§20-133. Sale, rental of electric power-assisted bicycles and
mopeds--Information required.
Information regarding the sale or rental of electric power-
assisted bicycles and mopeds shall be available to the
chief of police upon the chief's request from vendors and
lessors of electric power-assisted bicycles and mopeds.
§20-134. Summons.
Whenever any police or other officer charged with the duty
of enforcing this article shall discover any person violating
any of the provisions of this article, such officer shall take
the name and address of such person and issue a
summons to or otherwise notify such person in writing, if
such person be under eighteen (18) years of age, to
appear before the judge of the juvenile and domestic
relations court of the city and if such person be eighteen
(18) years of age or over, to appear before the general
district court of the city, at a time to be specified in such
summons or notice, to be there dealt with according to the
provisions of this article and the laws of the state
applicable thereto.
Division 2. Reaistration.
§20-135. Reauired for mopeds.
It shall be unlawful for any person who resides in the city
to operate or use a moped upon any of the streets of the
city, or for any parent or guardian to allow any person
under the age of eighteen (18) years, who resides in the
city, to operate or use a moped upon any of the streets of
the city unless such moped has been properly registered
as hereinafter provided.
402 -
§20-136. When due.
Any person acquiring a moped shall have the same
registered, or if registered, have the registration thereof
transferred to such person, within fifteen (15) days after
the acquisition thereof. Those persons who own mopeds
when this ordinance becomes effective shall have sixty
(60) days from the effective date in which to register their
mopeds.
§20-137. Application.
The registration of mopeds shall be upon written
application therefor made to the chief of police or his or
her designee on forms prescribed by the chief of police or
his or her designee, and shall be made by the owner
thereof, or, if owner is under eighteen (18) years of age,
the same may be made for him by his or her parents or
guardian.
§20-138. Fees.
When a moped is registered, there shall be paid as a fee
the sum of five dollars ($5.00). When the registration is
changed from one person to another or from one moped
to another, there shall be paid the sum of five dollars
($5.00). When a number plate or tag is issued to replace
one that has been mutilated, lost, stolen or misplaced,
there shall be paid the sum of one dollar ($1.00). Such
sums shall be paid to the City Treasurer, and shall be used
for the purpose of defraying the costs and expenses
incident to the registration of such mopeds and carrying
out the provisions of this article.
§20-139. Issuance of card. taa.
Upon proper application for registration of a moped, and
the payment of the registration fee required by this article,
the chief of police or his or her designee shall issue to the
applicant a registration card and a number plate or tag, in
403
such form as shall be prescribed by the chief of police or
his or her designee. The number plate or tag shall be
provided by the city at no cost to the applicant.
§20-140. Display of taq.
The number plate or tag issued under the provisions of
this article shall be kept securely fixed in a conspicuous
place on the rear of the frame of the moped for which the
same was issued.
§20-141. Chanqe in frame number.
It shall be unlawful for any person to remove, change, alter
or mutilate any electric power-assisted bicycle or moped
frame number; provided, however, that when any moped
is registered hereunder and it appears that the frame
number has become obliterated or is illegible, or that the
same has no frame number, the chief of police or his or
her designee may place or cause to be placed a frame
number thereon for registration purposes.
§20-142. Records.
The chief of police or his or her designee shall keep a
complete record of all mopeds registered pursuant to this
article, showing the name and address of the owner
thereof, the make, class and frame number of such
moped, the number of the registration plate or tag issued
therefor, and such other information as the chief of police
or his or her designee may prescribe.
§20-143. Lost or mutilated number plates or taqs.
When any number plate or tag is badly mutilated, lost,
stolen or misplaced and cannot be found, upon
satisfactory evidence of such fact being presented to the
chief of police or his or her designee, the chief of police
shall issue another number plate or tag, and shall change
the registration of such moped accordingly.
404 -
§20-144. Transfer aenerallv.
It shall be unlawful for any person to attach any number
plate or tag issued under the provisions of this article to
any moped other than the one for which the same was
issued.
§20-145. Transfer of ownershir).
When any moped registered under the provisions of this
article shall be transferred to another, the same shall be
reported to the chief of police or his or her designee,
together with the name and address of the person to
whom the moped was transferred and the registration
thereof shall be changed accordingly.
§20-146. Impoundment of abandoned or unreaistered electric o~wer-
assisted bicycles and mor)eds.
(a) Any moped found without a number plate or tag
issued pursuant to section 20-139 of this article and
unattended shall be deemed abandoned. If a reasonable
attempt to locate the owner or user in the immediate
vicinity of the moped fails to produce such owner or user,
any moped so abandoned shall be taken into custody and
impounded by the chief of police or any officer of the
police department.
(b) Any unattended electric power-assisted bicycle
found under such times and circumstances that indicate
it has been lost or stolen shall be deemed abandoned. If
a reasonable attempt to locate the owner or user in the
immediate vicinity of the electric power-assisted bicycle
fails to produce the owner or user, any electric power-
assisted bicycle so abandoned shall be taken into custody
and impounded by the chief or police or any officer of the
police department.
4O5
(c) No abandoned electric power-assisted bicycle or
moped shall be released or removed from impoundment
except upon satisfactory showing of ownership and, in the
case of mopeds, display of a city registration certificate
and proper display of a tag or number plate by the owner
or an agent of the owner.
(d) If an abandoned electric power-assisted bicycle or
moped is not reclaimed within thirty (30) days from the
date of impounding, the chief of police or the chief's agent
shall provide for the public sale or donation to a charitable
organization of such bicycle or moped.
(e) Any bicycle, electric power-assisted bicycle or
moped found and delivered to the police department by a
private person which thereafter remains unclaimed for
thirty (30) days after the final date of publication as
required herein may be given to the finder; however, the
location and description of the bicycle or moped shall be
published at least once a week for two successive weeks
in a newspaper of general circulation in the city. In
addition, if there is a license tag affixed to the bicycle,
electric power-assisted bicycle or moped, the record
owner shall be notified directly.
§20-147. Impoundment of unre~jistered mopeds.
(a) When any police officer or other officer charged
with the duty of enforcing this article shall discover any
unregistered moped in any public place in the possession
or control of any person, the officer may take custody of
such moped and impound the same. Any moped so
impounded shall be released only upon a satisfactory
showing of ownership, payment of five dollars ($5.00) for
storage charges, and proper registration and display of a
tag or number plate by the owner or an agent of the owner.
(b) Any juvenile whose moped is impounded pursuant
to this section shall be escorted forthwith to his or her
place of residence or other appropriate place.
406
(c) An officer impounding a moped under this section
shall inform the person from whom possession or control
of the moped was removed of the provisions of this
section. Upon the taking of the moped into the officer's
possession, the officer shall mail or hand-deliver a notice
containing the provisions of this section. In the case of a
juvenile, such notice shall be mailed or hand-delivered to
the juvenile's parent or guardian.
(d) If any moped impounded under this section is not
reclaimed within thirty (30) days from the date of
impounding, the chief of police or an agent of the chief of
police shall cause the moped to be sold or donated in
accordance with section 20-146(d) of this article.
Division 3. Operation.
§20-148. Compliance with traffic sianals.
Every person riding a bicycle, electric power-assisted
bicycle or moped over any public street shall comply with
ail traffic signs, signals and lights and with all directions
by voice, hand or otherwise, given by any officer of the
police department and shall have all of the rights and
duties applicable to the driver of a motor vehicle, unless
the context of the city code clearly indicates otherwise.
§20-149. Hand on~.
No person shall ride a bicycle, electric power-assisted
bicycle or moped on any street without having at least one
of his or her hands upon the handlebars and no person
operating a bicycle or moped on a street shall carry any
package, bundle, or article which prevents the driver from
keeping at least one hand on the handlebars.
§20-150. Ridin.q on sidewalks.
No person shall ride a bicycle, electric power-assisted
bicycle or moped upon any sidewalk or cross a roadway
on a crosswalk, whether paved or unpaved, in the city.
§20-151. Reckless ridinq.
No person shall ride a bicycle, electric power-assisted
bicycle or moped recklessly or at a speed or in a manner
so as to endanger the life, limb or property of the rider or
of any other person.
§20-152. Carryinq other persons.
No person riding a one-seated bicycle or electric power-
assisted bicycle shall carry any additional person on the
same.
407
§20-'153. Holdinq on to movinq vehicl~-~
No person riding a bicycle, electric power-assisted bicycle
or moped shall take or catch hold of or attach the same or
himself to any moving automobile, bus or other vehicle of
any kind upon any street, for the purpose of being drawn
or propelled by the same.
§20-154. Hand sianals.
Before turning or altering the course of operation of any
bicycle or electric power-assisted bicycle, the operator
thereof shall give signals by extension of the hand to
indicate the direction in which it is intended to proceed.
Operators of mopeds shall use the electronic signaling
devices that the moped is equipped with before turning or
altering course of operation. If operating a moped with
malfunctioning signal devices, or no signaling devices, the
operator shall use hand signals.
408 --
§20-155. Method of ridina.
Every person riding a bicycle, electric power-assisted
bicycle or moped on any street shall keep as close as
practicable to the right-hand side of the roadway, except
under any of the following circumstances:
1. When overtaking and passing another
vehicle proceeding in the same direction;
2. When preparing for a left turn at an
intersection or into a private road or
driveway; and
3. When reasonably necessary to avoid
conditions including, but not limited to, fixed
or moving objects, parked or moving
vehicles, pedestrians, animals, surface
hazards, or substandard width lanes that
make it unsafe to continue along the right
curb or edge.
For purposes of this section, a "substandard width lane"
is a lane too narrow for a bicycle, electric power-assisted
bicycle or moped and another vehicle to pass safely side
by side within the lane.
Persons riding bicycles or electric power-assisted
bicycles on a street shall not ride two or more abreast
except on paths or parts of streets set aside for the
exclusive use of bicycles. Mopeds shall not ride on paths
or parts of streets set aside for the exclusive use of
bicycles. Persons riding mopeds on a street shall not ride
two or more abreast.
§20-156. Brakes.
Every bicycle, electric power-assisted bicycle or moped
operated on any street shall be equipped with adequate
brakes.
§20-157. Lamps.
Every bicycle, electric power-assisted bicycle or moped
when in use between sunset and sunrise shall be
equipped with a lamp on the front which shall emit a white
light visible in clear weather from a distance of at least five
hundred (500) feet to the front and with a red reflector on
the rear of a type approved by the chief of police or his
designee which shall be visible from all distances in clear
weather from fifty (50) feet to three hundred (300) feet to
the rear when directly in front of lawful upper beams of
head lamps on a motor vehicle. A lamp emitting a red light
visible in clear weather from a distance of five hundred
(500) feet to the rear may be used in lieu of or in addition
to the red reflector. Such lights and reflector shall be of
types approved by the chief of police or his or her
designee.
§20-158. Ridina out of lanes, alleys and driveways.
Every person riding a bicycle, electric power-assisted
bicycle or moped out of a lane, alley or private driveway
across a sidewalk or sidewalk area shall first bring such
bicycle, electric power-assisted bicycle or moped to a stop
before crossing such sidewalk or sidewalk area.
§20-159. Law enforcement officers.
(a) Any law-enforcement officer of the city, operating a
bicycle, electric power-assisted bicycle or moped during
the course of his or her duties, shall be exempt from the
provisions of this division.
(b) Any bicycle, electric power-assisted bicycle or
moped being operated by a law-enforcement officer of the
city, during the course of his or her duties, shall be
deemed to be a law- enforcement vehicle and shall have
the same rights and privileges as any other law-
enforcement vehicle when the bicycle or moped is being
4O9
410
operated in response to an emergency call, while engaged
in rescue operations or in the immediate pursuit of an
actual or suspected violator of the law.
§20-160. Requirement of safety equipment for mopeds.
(a) Any person who operates a moped on a public
street shall wear a face shield, safety glasses, or goggles
of a type approved by the superintendent of the Virginia
State Police, or have the moped equipped with safety
glass or a windshield at all times while operating such
moped, and operators and passengers thereon, if any,
shall wear a protective helmet of a type approved by the
superintendent of the Virginia State Police.
(b) Any person who knowingly violates this section
shall be guilty of a traffic infraction and be subject to a fine
of not more than fifty dollars ($50.00).
(c) A violation of this section shall not constitute
negligence, be considered in mitigation of damages of
whatever nature, be admissible in evidence or be the
subject of comment by counsel in any action for the
recovery of damages arising out of the operation,
ownership, or maintenance of a moped, nor shall anything
in this section change any existing law, rule, or procedure
pertaining to any civil action.
§20-161. Persons riding uoon mooeds.
No person other than the operator thereof shall ride upon
a moped unless such moped is designed to carry more
than one (1) person, in which event a passenger may ride
upon a separate and permanent seat attached thereto;
provided, however, that such moped is also equipped with
a footrest for such passenger. A violation of this section
shall constitute a traffic infraction punishable by a fine of
not more than two hundred dollars ($200.00).
411
This ordinance shall be in full force and effect on and after July 1,
2003.
3. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36381-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General Funds Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General Funds Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Health and Welfare
Comprehensive Services Act (1-2) .....................
$ 28,021,092.00
8,972,339.00
Nondepartmental 75,200,122.00
Contingency-General Fund (3) ........................ (1,199,849.00)
412
Revenues
Grants-In-Aid-Commonwealth
Social Services (4) ..................................
$ 46,419,701.00
20,518,768.00
1) Family Foster Care IV-
E Children
2) Foster Care Not in 3183
3) Salary Lapse
4) CSA-State
Supplemental
(001-630-5410-3182)
(001-630-5410-3191 )
(001-300-9410-1090)
(001-110-1234-0692)
$ 343,403.00
228,936.00
(175,823.00)
396,516.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36382-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Civic Center Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Civic Center Funds Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
413
General Fund
Appropriations
Nondepartmental
Transfer to Other Funds (1) ............................
Contingency - General Fund (2) ........................
$ 75,200,122.00
74,903,947.00
(1,234,849.00)
Civic Center Fund
Appropriations
Capital Outlay
Virginia Municipal League FY04 (3-4) ...................
4,965,862.00
50,000.00
Revenues
Nonoperating
Virginia Municipal League FY04 (5-6) ..................
1,840,1~5.00
50,000.00
1) Transfer to
Civic Center Fund
2) Electrical Rate
Contingency
3) Appropriated from
General Revenue
4) Appropriated from
Third Party
5) Transfer from
General Fund
6) Virginia Municipal
League
(001~50-9310~505)
(001-300-9410~198)
(005-550-8601~003)
(005-550-8601~004)
(005-110-1234-0951)
(005-110-1234-1363)
$ 35,000.00
(35,000.00)
35,000.00
15,000.00
35,000.00
15,000.00
414
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36383-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
AooroDriations
Parks, Recreation and Cultural $ 255,516.00
Urban and Community Forestry Plan (1) ................. 15,000.00
Revenues
Parks, Recreation and Cultural 255,516.00
Urban and Community Forestry Plan (2) ................. 15,000.00
415
1) Temporary
Employee Wages
2) Federal Grant Receipt
(035-620-4344-1004)
(035-620-4344-4344)
$ 15,000.00
15,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36384-061603.
A RESOLUTION accepting the Urban and Community Forestry Grant
from the Virginia Department of Forestry, and authorizing the execution of the
necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts the Urban and Community Forestry Grant
from the Virginia Department of Forestry in the amount of $15,000.00.
2. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, all necessary and appropriate
agreements with the Virginia Department of Forestry, or any other party, for the
416
City's acceptance of this grant, upon form approved by the City Attorney, as more
particularly set forth in the City Manager's letter, dated June 16, 2003, to this
Council.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36385-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
General Fund
Aooro~riations
Community Development $ 5,605,721.00
Human Services and Community Education (1) ............ 214,969.00
Nondepartmental 75,220,122.00
Transfer to Grant Fund (2) .............................. 639,358.00
417
Grant Fund
Appropriations
Health and Welfare
Summer Food Program 03-04(3-5) ........................
$ 4,698,599.00
163,315.00
Revenues
Health and Welfare
Summer Food Program 03-04(6-7) ........................
4,698,599.00
163,315.00
1) Special Projects
2) Transfer To Grant Fund
3) Temporary Employee
Wages
4) FICA
5) Program Activities
6) Summer Food 03-04
Federal
7) Summer Food 03-04
Local
(001-620-8170-2034)
(001-250-9310-9535)
(035-630-5188-1004)
(035-630-5188-1120)
(035-630-5188~066)
(035-630-5188-5193)
(035-630-5188-5194)
$ (20,000.00)
20,000.00
19,500.00
1,492.00
142,323.00
143,315.00
20,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
418 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36386-061603.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Community Development
Parks and Recreation Youth Services (1) ................
Nondepartmental
Transfer to Grant Fund (2) ............................
Grant Fund
ADDror~riations
Health and Welfare
Summer Food Program 04 (3) .........................
Revenues
Health and Welfare
Summer Food Program 04 (4) .........................
(001-620-8170-2034)
(001-250-9310-9535)
(035-830-5188-2066)
(035-630-5188-5194)
1) Special Projects
2) Transfer to Grant Fund
3) Program Activities
4) Summer Food 03-04 Local
$ 5,648,584.00
254,050.00
73,755,777.00
158,612.00
4,718,599.00
183,315.O0
4,718,599.00
183,315.00
$ (20,000.00)
20,000.00
20,000.00
20,000.00
419
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36387-061603.
A RESOLUTION authorizing acceptance of a grant from the United
States Department of Agriculture Food and Nutrition Service on behalf of the City to
provide nutritionally balanced, healthy meals for children and youth during the
summer months, and authorizing execution of any and all necessary documents to
comply with the terms and conditions of the grant and applicable laws, regulations,
and requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Funding from the United States Department of Agriculture Food
and Nutrition Service, in the amount of $43,~5.00 to coordinated planning and
program implementation of the Summer Food Service Program provide nutritionally
balanced, healthy meals to children during the summer months, as set forth in the
City Manager's letter, dated June 16, 2003, to this Council, is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized on
behalf of the Cityto execute and attest, respectively, any and all requisite documents
pertaining to the City's acceptance of this grant and to furnish such
420
additional information as may be required in connection with the City's acceptance
of the foregoing funds. All documents shall be approved as to form by the City
Attorney.
APPROVED
ATTEST: ~
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003 ....
No. 36388-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 General Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
AooroDriations
General Fund (1-92) .................................. $ 202,496,329.00
Revenues
General Fund (93-103) ................................ 193,731,971.00
1) Regular Employee Salaries (001-110-1234-1002) $ 5,155.00
2) Regular Employee Salaries (001-120-2111-1002) 30,199.00
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Regular Employee Salar,es
Regular Employee Salar,es
Regular Employee Salaries
Regular Employee Salar, es
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salar,es
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salar,es
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
(001-121-2130-1002)
(001-122-2131-1002)
(001-124-2120-1002)
(001-125-2110-1002)
(001-130 -1233-1002)
(001-140-2140-1002)
(001-140-3310-1002)
(001-150-2210-1002)
(001-150-2211-1002)
(001-200-1110-1002)
(001-210-1220-1002)
(001-220-1120-1002)
(001-230-1235-1002)
(001-230-1236-1002)
(001-240-1240-1002)
(001-250-1231-1002)
(001-250 -1232-1002)
(001-260-1310-1002)
(001-300-1210-1002)
(001-300-1211-1002)
(001-300-8120-1002)
(001-340-1261-1002)
(001-340-1263-1002)
(001-410.1212-1002)
(001-430-4130-1002)
(001-430-4131-1002)
(001-430-4170-1002)
(001-440-1237-1002)
(001-440-1260-1002)
(001-440-1617-1002)
(001-440-4220-1002)
(001-440-4330-1002)
(001-520-3211-1002)
(001-520-3212-1002)
(001-520-3213-1002)
(001-520-3214-1002)
(001-520-3521-1002)
(001-530-1280-1002)
(001-530-4110-1002)
421
$ 143.00
20.00
3,529.00
18,353.00
(43,118.00)
(50,000.00)
46,102.00
(50,000.00)
(6,075.00)
(1,027.00)
31,633.00
11,674.00
(4,420.00)
289.00
(9,785.00)
4,437.00
21,225.00
(28,457.00)
2,799.00
39,305.00
13,287.00
(12,713.00)
(5,196.00)
(18,257.00)
19,151.00
(31,504.00)
21,993.00
788.00
35,718.00
(2,874.00)
(20,786.00)
(40,403.00)
69,898.00
(31,951.00)
149,981.00
(50,000.00)
(87,921.00)
1,364.00
89,451.00
422
42) Regular Employee Salaries
43) Regular Employee Salaries
44) Regular Employee Salaries
45) Regular Employee Salaries
46) Regular Employee Salaries
47) Regular Employee Salaries
48) Regular Employee Salaries
49) Regular Employee Salaries
50) Regular Employee Salaries
51) Regular Employee Salaries
52) Regular Employee Salaries
53) Regular Employee Salaries
54) Regular Employee Salaries
55) Regular Employee Salaries
56) Regular Employee Salaries
57) Regular Employee Salaries
58) Regular Employee Salaries
59) Regular Employee Salaries
60) Regular Employee Salaries
61) Regular Employee Salaries
62) Regular Employee Salaries
63) Regular Employee Salaries
64) Regular Employee Salaries
65) Regular Employee Salaries
66) Regular Employee Salaries
67) Regular Employee Salaries
68) Regular Employee Salaries
69) Regular Employee Salaries
70) Regular Employee Salaries
71) Regular Employee Salaries
72) Regular Employee Salaries
73) Regular Employee Salaries
74) Regular Employee Salaries
75) Regular Employee Salaries
76) Salary Lapse
77) Payroll Accrual
78) Medical Insurance
79) Dental Insurance
80) Worker's Compensation
Wages
(001-530-4140-1002)
(001-530-4160-1002)
(001-530-4210-1002)
(001-530-4310-1002)
(001-610-3410-1002)
(001-610-8110-1002)
(001-615-8111-1002)
(001-615-6112-1002)
(001-615-6113-1002)
(001-620-4340-1002)
(001-620-7110-1002)
(001-620-7111-1002)
(001-620-6170-1002)
(001-630-1270-1002)
(001-630-5311-1002)
(001-630-5313-1002)
(001.630-5314-1002)
(001.630-5315-1002)
(001-630.6316-1002)
(001-630-5317-1002)
(001-630-5318-1002)
(001-630-5410-1002)
(001-631-3330-1002)
(001-631-3350-1002)
(001-631-3360-1002)
(001-640-3111-1002)
(001-640-3112-1002)
(001-640-3113-1002)
(001-640-3114-1002)
(001-640-3115-1002)
(001-640-3530-1002)
(001-650-2150-1002)
(001-650-7310-1002)
(001-660-1214-1002)
(001-300-9410-1090)
(001-250-9110-1099)
(001-250-9110-1125)
(001-250-9110-1126)
(001-250-9110-1135)
$ 69,967.00
(34,834.00)
(45,000.0o)
(15,398.00)
(4,853.00)
60,426.00
(24,468.00)
1,655.00
17,362.00
(16,180.00)
(2o,ooo.oo)
(22,529.00)
9,106.00
(6,357.00)
29,467.00
86,332.00
(46,334.00)
(29,665.00)
(3,969.00)
(19,207.00)
3,121.00
(751.00)
30,088.00
(8,013.00)
(254.00)
7,614.00
(6,025.00)
139,010.00
(20,000.00)
(48,763.00)
11,043.00
(575.00)
(38,9O9.OO)
14,256.00
1,374,261.00
(150,000.00)
(520,059.00)
(14,690.00)
(400,000.00)
423
81) Worker's Compensation
Medical
82) Unemployment Wages
83) Extended Illness Leave
Payment
84) Termination Leave Wages
85) Overtime Savings
86) Transfer to Fleet
Management Fund
87 Transfer to DOT Fund
88 Department of Technology
89 Fleet Management
90 Fleet Management
91 Fleet Rental
92 Fleet Management
93 Treasurer
94 Commissioner of Revenue
95 Sheriff
96 City Jail
97 Commonwealth's Attorney
98 General Administration
99 Director Social Service
Administration
100) Social Services Revenue
Maximization
101) Employment Services
102) VlSSTA
103) CSA-State Administration
(001-250-9110-1140)
(001-250-9110-1145)
(001-250-9110-1149)
(001-250-9110-1150)
(001-250-9110-1157)
(001-250-9310-9517)
(001-250-9310-9513)
(001-640-3~114-7005)
(001-140-2140-7025)
(001-620-4340-7025)
(001-620-4340-7027)
(001-530-4210-7025)
(001-110-1234-0613)
(001-110-1234-0612)
(001-110-1234-0611)
(001-110-1234-0609)
(001-110-1234-0610)
(001-110-1234-0676)
(001-110-1234-0685)
(001-110 -1234-0702)
(001-110-1234-0681)
(001-110-1234-0671 )
(001-110-1234-0693)
$ (400,000.00)
(35,000.00)
(20,000.00)
(91,275.00)
200,000.00
92,000.00
(131,747.00)
(59,498.00)
(10,635.00)
(69,399.00)
(93,324.00)
(28,187.00)
2,577.00
(30,895.00)
(68,149.00)
30,735.00
(74,450.00)
57,899.00
(45,270.00)
(14,832.00)
(26,984.00)
1,561.00
(375.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
424
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36389-061603.
A RESOLUTION authorizing the City Manager's issuance of Amendment
No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional
engineering services for the inspections of 31 bridges and 1 tunnel (underpass).
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of
the City, upon form approved by the City Attorney, Amendment No. 1 to the City's
contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering
services for the inspections of 31 bridges and 1 tunnel (underpass), all as more fully
set forth in the letter to this Council dated June 16, 2003.
2. The Amendment No. 1 will provide authorization for additions in
the work with an increase in the amount of $57,000.00 to the contract, all as set forth
in the above letter.
ATTEST: ~~
Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36390-061603.
A RESOLUTION authorizing the City Manager's issuance of Amendment
No. I to the City's contract with Mattern & Craig, Inc., for additional engineering
services for the inspection of 31 bridges.
425
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the
City, upon form approved by the City Attorney, Amendment No. 1 to the City's
contract with Mattern & Craig, Inc., for additional engineering services for the
inspection of 31 bridges, all as more fully set forth in the letter to this Council dated
June 16, 2003.
2. The Amendment No. 1 will provide authorization for additions in
the work with an increase in the amount of $55,900.00 to the contract, all as set forth
in the above letter.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36391-061603.
AN ORDINANCE amending and reordaining Section 26-8, Extension of
sanita~ sewers within city, of Article I, In General, of Chapter 26, Sewers and
Sewa§e Disposal, Code of the City of Roanoke (1979), as amended, requiring the
recordation of maintenance agreements prior to the issuance of permits to use
sewer systems utilizing private pumping facilities; and dispensing with the second
reading by title of this ordinance.
1. Section 26-8, Extension of sanitary sewers within city, of Article
I, In General, of Chapter 26, Sewers and Sewa(je Disposal, Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
426
§ 26-8. Extension of sanitary sewers within city.
(a) Upon proper application for the off-site extension of
a public sanitary sewer within the city, the city shall bear
one-half of the construction cost of such extension and
the applicant shall pay the other one-half of the
construction cost thereof and anyadditional cost, less any
credits, as provided in this section. If the city participates
in the construction cost of the off-site extension, payment
by the city shall be due upon completion by the applicant,
and acceptance of such extension by the city. An off-site
sanitary sewer is defined as any sewer system located or
to be located outside such house or building's property.
The off-site sewer system shall be a public sanitary sewer
line located in a street, alley, public right-of-way or public
easement.
(b) The applicant shall design and install an off-site
public gravity-sewer main to serve its property. All design
for public sewer mains shall be performed by a
professional engineer, licensed in the Commonwealth of
Virginia, and must be approved by the city. If an extension
of an off-site public gravity-sewer main to the property is
determined not to be feasible by the city manager due to
its length, depth, development, subsurface conditions or
cost, the applicant shall design and install a public
pressure-sewer main within the public right-of-way or
public easement.
(c) If a house or building is constructed at an elevation
that does not permit gravity flow into the public sewer
system, a private pumping facility shall be constructed for
such house or building. The pumping facility shall be
located on private property, with a private pressure-sewer
service line connecting such facility with the public sewer
main. It shall be the responsibility of the owner to
maintain the pumping facility and related lines on the
owner's property. No permit to use such facility shall be
issued until such time as there is recorded in the Office of
427
the Clerk of Circuit Court a maintenance agreement
between the owner and the City, whereby the owner and
the owner's heirs, grantees, successors in interest, and
assigns, agree to maintain such facilities.
(d) If an extension of the off-site public pressure-sewer
main is not determined feasible by the city manager due to
its length, depth, development, subsurface conditions or
cost, the applicant may install a septic tank constructed in
accordance with the rules and regulations of the state
department of health.
(e) Credits will be allowed towards the increased costs
for any off-site extensions if the city requires a line size in
excess of the minimum size rsquired to serve the
applicant. Credits will be equal to 100% of the difference
in cost for furnishing and installing the minimum line size
and furnishing and installing the line size otherwise
required by the city to serve the applicant.
(f) The payment by any person of any costs or charges
as set forth in this section shall not relieve such person
from the payment of all sanitary sewer connection costs,
including the connection fees prescribed by the council
pursuant to section 26-4.1 of this Code.
(g) Notwithstanding any other provision of this Code,
whenever the abutting owner is able to establish financial
inability to pay legally imposed charges incident to such
extension, the city manager may provide for the necessary
work and labor to accomplish such connection and
authorize the payment of such charges in monthly
installments for a period not to exceed five (5) years from
the date such charges initially accrue, with interest at the
legal rate. Such deferred payments shall be evidenced by
a note and secured by a deed of trust on the property
served by the extension to be recorded, without expense
to the city, in the clerk's office of the circuit court of the
city.
428
this ordinance by title is hereby dispensed with.
Pursuant to Section 12 of the City Charter, the second reading of
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36392-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
A~)oro;riations
General Government $ 9,793,181.00
Household Hazardous Waste Day (1-2) .................. 41,327.00
Storm Drains
NPDES Phase II (3) ...................................
3,481,781.00
228,673.00
429
Revenues
Intergovernmental (4-6) ................................
$ 3,716,141.00
1) Appropriated from
Other Governments
2) Appropriated from
General Revenue
3) Appropriated from
General Revenue
4) HHWD-
Roanoke County
5) HHWD-
City of Salem
6) HHWD-
Town of Vinton
(008~60~783~999)
(008-660~783~003)
(008-530-9736~003)
(008~60-9783-9793)
(008~60~783-9794)
(008~60~783~796)
$ 10,000.00
31,327.00
(31,327.00)
7,500.00
1,500.00
1,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36393-061603.
A RESOLUTION expressing the City of Roanoke's intent to pledge 50%
of Roanoke's business air travel to AirTran; and authorize the City Manager to
complete and submit the necessary pledge documents to the Roanoke Regional
Airport Alliance.
430 --
WHEREAS, during the past year, the Roanoke Regional Chamber of
Commerce and the Roanoke Regional Airport Alliance have been working to
determine the feasibility fo brining a Iow-fare airline to the Roanoke Regional Airport.
WHEREAS, the Alliance contracted with SH&E International Air
Transport Consultancyto conduct an initial profile of domestic Iow-fare carriers, and
AirTran Airways has been recommended as the candidate best suited to provide Iow-
fare service to Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council hereby authorizes the City Manager to pledge 50%
of Roanoke's business air travel to AirTran.
2. The City Manager is authorized to complete and submit the
necessary pledge documents to the Roanoke Regional Airport Alliance.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36394-061603.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke
(1979), as amended; and dispensing with the second reading by title of this
ordinance.
431
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council
adopted and enacted a new code for the City of Roanoke entitled the Code of the
City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code");
WHEREAS, such Code, as amended, contains certain provisions which
incorporate by reference portions of the Code of Virginia (1950), as amended,
(hereinafter "State Code");
WHEREAS, from time to time, certain of these State Code sections
which are incorporated by reference in the City Code have been amended by the
General Assembly;
WHEREAS, such amendments are a matter of public record which are
set forth in the Acts of Assembly and supplements and replacement volumes of the
State Code; and
WHEREAS, it is the desire of this Council that those provisions of the
City Code which adopt by reference State Code provisions shall be fully consistent
with enactments of the most recent Session of the General Assembly;
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The Code of the City of Roanoke (1979), as amended, a copy of
which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each
inclusive, is hereby readopted and reenacted. Such Code amendments heretofore
and hereafter adopted shall continue to be known as the Code of the City of Roanoke
(1979), as amended.
2. With respect to sections or provisions of the State Code
incorporated by reference in the City Code, Council recognizes any amendments
made to such sections or provisions of the State Code by the most recent Session
of the General Assembly and hereby expresses the intent and ordains that such
amendments to sections or provisions of the State Code incorporated by reference
in the City Code shall be included in the City Code verbatim as enacted by the most
recent Session of the General Assembly.
432 -
3. Any reference in the City Code to any section, article or chapter
from former Titles of the State Code shall be deemed and construed to apply to the
successor section, article or chapter of the State Code, comparable sections being
set out in Tables of Comparable Sections for certain Repealed and Revised Titles
published in Volume 10.
4. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36395-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
ADr~ror~riations
Education $138,286,712.00
Facilities (1) .................................... 3,989,326.00
433
Fund Balance
Reserved for CMERP - Schools (2) ......................... $ 306,735.00
1) Buildings
2) Reserved for
CMERP - Schools
(030-065-6006~896-0851)
(030-3324)
$ 242,500.00
(242,500.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th of June, 2003.
No. 36396-061603.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 School Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 School Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Education
Addison Community Learning Center (1-9) ..............
Blue Ridge Technical Academy (10-25) .................
$ 138,033,554.00
169,550.00
460,118.00
434 -
Revenues
Education
Addison Community Learning Center (26) ..............
Blue Ridge Technical Academy (27-29) .................
1) Program Director
2) Activity Assistants
3) Social Security
4) State Retirement
$) Health Insurance
6) Indirect Costs
7) Contracted Services
8) Conference Travel
9) Supplies
10) Teachers
11) Director
12) Administrative
Coordinator
13) Clerical
14) Social Security
15) Retirement
16) Health Insurance
17) Professional Services
18) Lease of Equipment
19) Lease of Facility
20) Instructional Supplies
21) Equipment
22) Instructors
23) Social Security
24) Retirement
25) Health Insurance
26) Federal Grant Receipts
27) State Grant Receipts
28) Local Match
29) Federal Grant Receipts
(030.062-6333-6100.0124)
(030-062-6333-6100-0141 )
(030-062-6333-6100-0201)
(030-062-6333-6100.0202)
(030-062-6333-6100-0204)
(030-062-6333-6100-0212)
(030-062-6333-6100-0313)
(030-062-0333-6100-0554)
(030-062.6333-6100.0614)
(030-063-6851-6100-0121 )
(030-063-6851-6100-0124)
(030-063-6851-6100-0138)
(030.063-6851-6100-0151 )
(030.063-6851-6100-0201 )
(030.063-6851-6100.0202)
(030.063-6851-6100-0204)
(030-063-6851-6100-0382)
(030-063-6851-6100-0541 )
(030-063.6851-6100-0542)
(030-063-6851-6100-0614)
(030-063-6851-6100-0821 )
(030-063-6851-6140-0121 )
(030-063-6851-6140-0201 )
(030-063-6851-6140-0202)
(030-063-6851-6140-0204)
(030-062-6333-1102)
(030.063-6851-1100)
(030.063-6851-1101)
(030-063-6851-1102)
138,033,554.00
169,550.00
460,118.00
42,000.00
58,260.00
7,032.00
3,965.00
4,380.00
2,010.00
40,948.00
2,110.00
8,845.00
148,320.00
25,051.00
47,517.00
17,633.00
11,579.00
5,783.00
11,280.00
2,000.00
2,524.00
77,356.00
8,500.00
4,375.00
76,957.00
5,887.00
7,265.00
8,091.00
169,550.00
136,088.00
239,030.00
85,000.00
435
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36397-061603.
A RESOLUTION providing for the reconstitution of the Roanoke
Neighborhood Partnership Steering Committee as the Roanoke Neighborhood
Advocates (RNA), stating the objectives, duties and responsibilities of the RNA, and
repealing Resolution No. 25394, effective July 1, 2003.
WHEREAS, the City of Roanoke's future depends upon the vitality of its
neighborhoods, and the Council of the City of Roanoke ("Council") wishes to
encourage the growth, in number and capacities, of wide varieties of neighborhood-
based organizations; and
WHEREAS, this Council wishes to reconstitute the Roanoke
Neighborhood Partnership Steering Committee ("RNPSC") as the Roanoke
Neighborhood Advocates ("RNA") and set forth the duties and responsibilities of the
RNA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
436 -
1. The Roanoke Neighborhood Partnership Steering Committee
("RNPSC") shall be reconstituted as the Roanoke Neighborhood Advocates ("RNA"),
effective July 1, 2003.
2. The RNA shall do the following:
(a) create, develop, implement and maintain a strategic
business plan that directs the activities of the organization
toward effective advocacy on behalf of the neighborhoods
of Roanoke;
(b) advise this Council and the City's administration
concerning existing and proposed public policies
affecting the vitality of neighborhoods and neighborhood
organizations;
(c) inform neighborhood-based organizations and the
public of existing and proposed public policies and
courses of action that support neighborhoods and
neighborhood organizations;
(d) advise neighborhood-based organizations in
building their organizational, administrative and advocacy
capacities;
(e) oversee preparation of an annual State of the
Neighborhoods report to this Council that meets the
requirements of Action NH Al0 and A11 of Vision 2001 -
2020;
(f) oversee the administration of the Neighborhood
Grant Program, such funds granted under the
Neighborhood Grant Program to meet criteria established
by the RNA;
(g) advise the Department of Housing and
Neighborhood Services ("DHNS") concerning
neighborhoods and neighborhood organizations; and
437
(h) assist and work in partnership with the Roanoke
Neighborhood Partnership and the DHNS in the
recruitment of volunteers, outreach and support to
neighborhoods and neighborhood organizations by
serving as a liaison to neighborhood groups, regularly
attending neighborhood meetings, being involved in
community projects, trainings, or other activities, and
providing written feedback and recommendations about
needs, events, and activities in neighborhoods.
3. Staff functions, staff support and resources shall be performed
for the RNA as agreed between the RNA and the City administration.
4. The RNA shall consist of thirteen (13) members, and the RNA
shall recommend potential appointees to this Council when vacancies occur.
5. In order to establish the RNA, this Council shall select seven (7)
of the initial appointees, at least five (5) of whom shall be from the current
membership of the RNPSC, and the initial seven (7) appointees selected by this
Council shall select the remaining six (6) members of the RNA.
6. Appointment to the RNA shall be for a term of three (3) years on
a rotating basis.
7. The RNA shall develop its bylaws and submit the same to this
Council for approval by December 31, 2003.
repealed, effective July 1, 2003.
Resolution No. 25394, adopted November 24, 1980, is hereby
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
438
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36398-061603.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 220, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading by title of this ordinance.
WHEREAS, First Church of God, has made application to the Council
of the City of Roanoke to have the hereinafter described property rezoned from RS-3,
Residential Single Family District, to C-1, Office District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 16, 2003, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 220 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular manner and no other:
439
Certain property located at 5008 Hildebrand Road and
designated on Sheet No. 220 of the Sectional 1976 Zone
Map, City of Roanoke, as Official Tax No. 2201401, be, and
is hereby rezoned from RS-3, Residential Single Family
District, to C-1, Office District, subject to the proffers
contained in the Third Amended Petition filed in the Office
of the City Clerk on May 23, 2003, and that Sheet No.220 of
the 1976 Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36399-061603.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 144, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading by title of this ordinance.
WHEREAS, VHF, LLC, a Virginia limited liability company, has made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from RM-2, Residential Multi-family, Medium Density District, to
CN, Neighborhood Commercial District, subject to certain conditions proffered by
the applicant; and
440
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 16, 2003, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular manner and no other:
A certain tract of land described as Roanoke City Tax Map
No. 1440705, 1736 Grandin Road, S.W., Lots I and 2, Block
17, Raleigh Court, and designated on Sheet No. 220 of the
Sectional 1976 Zone Map, City of Roanoke, be, and is
hereby rezoned from RM-2, Residential Multi-family,
Medium Density District, to CN, Commercial Neighborhood
District, subject to the proffers contained in the Second
Amended Petition filed in the Office of the City Clerk on
May 19, 2003, and that Sheet No.144 of the 1976 Zone Map
be changed in this respect.
441
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36400-061603.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map, City of
Roanoke, in order to repeal and amend certain conditions presently binding .,pon
certain property previously conditionally rezoned from RM-I, Residential Multifamily,
Low Density District, to RM-2, Residential Multifamily, Medium Density District,
subject to certain conditions proffered by the applicant; and dispensing with the
second reading by title of this ordinance.
WHEREAS, Patricia C. Clowser and Tammy E. Tester, filed an
application to the Council of the City of Roanoke to amend certain conditions
presently binding upon a tract of land located on Fugate Road, N.E., being further
identified as Official Tax No. 3101215, which property was previously conditionally
rezoned by the adoption of Ordinance No. 29201, enacted on July 25, 1988, subject
to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
442
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 16, 2003, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the conditions now binding upon the above-described property should
be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979),
as amended, and Sheet No. 310 of the Sectional 1976 Zone Map, City of Roanoke, be
amended, with respect to Official Tax No. 3101215, to repeal the proffered conditions
contained in Ordinance No. 29201, adopted July 25, 1988, and replacing the same
with the proffered conditions as more fully set forth in the Second Amended Petition
filed in the Office of the City Clerk on May 22, 2003, and as set forth in the report of
the Planning Commission dated June 16, 2003.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
443
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36401-061603.
AN ORDINANCE exempting from real estate taxation certain property
of the Blue Ridge Small Business Development Center, Inc., located in the City of
Roanoke, an organization devoted exclusively to charitable or benevolent purposes
on a non-profit basis; providing for an effective date; and dispensing with the
second reading by title of this ordinance.
WHEREAS, the Blue Ridge Small Business Development Center, Inc.
d/b/a the New Century Venture Center (hereinafter "the Applicant"), has petitioned
this Council to exempt certain property of the Applicant from taxation pursuant to
Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on Jun~ 16,
2003;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code
of Virginia (1950), as amended, have been examined and considered bythe Council;
WHEREAS, the Applicant agrees that the property to be exempt from
taxation is certain real estate, including the land and any building located thereon,
identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515,
1130516, 1130719, 1130809, and 1130814, commonly known as 1354 Eighth Street,
S.W. (the "Property"), and owned by the Applicant, and providing that the Property
shall be used by the Applicant exclusively for charitable or benevolent purposes on
a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which
would be applicable to the Property were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
444
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Council classifies and designates the Blue Ridge Small Business
Development Center, Inc., as a charitable or benevolent organization within the
context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby
exempts from real estate taxation certain real estate, including the land and any
building located thereon, identified by Roanoke CityTax Map Nos. 1130511,1130512,
1130514, 1130515, 1130516, 1130719, 1130809, and 1130814, commonly known as
1354 Eighth Street, S.W., and owned by the Applicant, which property is used
exclusively for charitable or benevolent purposes on a non-profit basis;,
continuance of this exemption shall be contingent on the continued use of the
property in accordance with the purposes for which the Applicant has designated
in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the
Applicant agrees to pay to the City of Roanoke on or before October 5 of each year
a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's
real estate tax levy which would be applicable to the Property, were the Property not
exempt from such taxation, for so long as the Property is exempted from such
taxation.
3. This Ordinance shall be in full force and effect on July 1, 2003, if
by at such time as a copy, duly executed by an authorized officer of the Applicant,
has been filed with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this
Ordinance, after it is properly executed by the Applicant, to the Commissioner of the
Revenue and the City Treasurer for purposes of assessment and collection,
respectively, of the service charge established by this Ordinance, and to Lisa Ison,
President of the Blue Ridge Small Business Development Center, Inc.
445
5. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
ACCEPTED, AGREED TO AND EXECUTED by Blue Ridge Small
Business Development Center, Inc., this __ day of ,2005.
BLUE RIDGE SMALL BUSINESS
DEVELOPMENT CENTER, INC.
By (SEAL)
Title
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36402-061603.
AN ORDINANCE exempting from real estate and personal property
taxation certain property of the Presbyterian Community Center, Inc., and PCC Land
Company, L.L.C., located in the City of Roanoke, an-organizations devoted
exclusively to charitable or benevolent purposes on a non-profit basis; providing for
an effective date; -and dispensing with the second reading by title of this ordinance.
WHEREAS, the Presbyterian Community Center, Inc., and PCC Land
Company, L.L.C., (hereinafter collectively "the Applicant"), has petitioned this
Council to exempt certain real and personal property of the Applicant from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
446
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on June 16,
2003.
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code
of Virginia (1950), as amended, have been examined and considered bythe Council;
WHEREAS, the Applicant agrees that the real property to be exempt
from taxation is certain real estate, including the land and any building located
thereon, identified by Roanoke City Tax Map Nos. 4120520 and 4120524, less any
portions of which are leased to other entities, commonly known as 1228 Jamison
Avenue, S.E., (the "Property"), and owned by the Applicant, and providing that the
Property shall be used by the Applicant exclusively for charitable or benevolent
purposes on a non-profit basis;
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which
would be applicable to the Property were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation:; and
WHEREAS, the Applicant owns two motor vehicles, upon which no
personal property taxes have been assessed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Council classifies and designates Presbyterian Community
Center, Inc., and PCC Land Company, L.L.C., as a charitable or benevolent
organization within the context of Section 6(a)(6) of Article X of the Constitution of
Virginia, and hereby exempts from real estate taxation certain real estate, including
the land and any building located thereon, identified by Roanoke City Tax Map Nos.
4120520 and 412524, less any portions of which are leased to other entities,
commonly known as 1228 Jamison Avenue, S. E., and owned by the Applicant,
which property is used exclusively for charitable or benevolent purposes on a non-
profit basis;; continuance- of this exemption shall- be contingent on the continued
use of the property in accordance with the purposes-for which the Applicant has
designated in this Ordinance.
447
2. In consideration of Council's adoption of this Ordinance, the
Applicant agrees to pay to the City of Roanoke on or before October 5 of each year
a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's
real estate tax levy which would be applicable to the Property, were the Property not
exempt from such taxation, for so long as the Property is exempted from such
taxation.
3. The personal property of the Applicant is hereby exempted from
personal property taxation by the City.
4. This Ordinance shall be in full force and effect on July 1,2003, if
by such time a copy, duly executed by an authorized officer of the Applicant, has
been filed with the City Clerk.
5. The City Clerk is directed to forward an attested copy of this
Ordinance, after it is properly executed by the Applicant, to the Commissioner of the
Revenue and the City Treasurer for purposes of assessment and collection,
respectively, of the service charge established by this Ordinance, and to- Patricia
Dillard, President of the Presbyterian Community Center, Inc., and the authorized
agent of the PCC Land Company, L.L.C.
6. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
448
ACCEPTED, AGREED TO AND EXECUTED by Presbyterian Community
Center, Inc., this __ day of ,2003.
PRESBYTERIAN COMMUNITY CENTER, INC.
L.L.C., this
By (SEAL)
President
ACCEPTED, AGREED TO AND EXECUTED by PCC Land Company,
day of ,2003.
PCC LAND COMPANY, L.L.C.
By. .(SEAL)
Title:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36403-061603.
A RESOLUTION AUTHORIZING THE ISSUANCE OF FIFTY-TWO MILLION
THREE HUNDRED THOUSAND DOLLARS ($52,300,000) PRINCIPAL AMOUNT OF
GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE
PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION,
ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC IMPROVEMENT PROJECTS
OF AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN
OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS;
449
AUTHORIZING TH E PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND
AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION
THEREOF AND THE EXECUTION OF ACERTIFICATE RELATING TO SUCH OFFICIAL
STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN
ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO
THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH
RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS
AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE,
SALE AND DELIVERY OF SUCH BONDS AND NOTES.
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt
and to authorize the issuance of $52,300,000 principal amount of general obligations
of the City, in the form of General Obligation Public Improvement Bonds of the City,
for the purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City and to authorize the issuance of a
like principal amount of General Obligation Public Improvement Bond Anticipation
Notes in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION I. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of
Virginia, '1950 (the same being the Public Finance Act of 1991), for the purpose of
providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement
projects of and for the City set forth in Section 7, the City is authorized to contract
a debt and to issue Fifty-Two Million Three Hundred Thousand Dollars ($52,300,000)
principal amount of general obligation bonds of the City to be designated and known
as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds"
(referred to herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time,
or from time to time in part in series, as shall be determined by the Director of
Finance. There shall be added to the designation of the Bonds a series designation
determined by the Director of Finance. The Bonds shall be issued in fully registered
450 --
form in the denomination of $5,000 each or any integral multiple thereof. The Bonds
of a given series shall be numbered from No. R-I upwards in order of issuance. The
Bonds shall bear interest from their date payable on such date and semiannually
thereafter as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof. The Bonds of each series shall
be issued in such aggregate principal amounts (not exceeding the aggregate
principal amount specified in Section l(a)); and shall mature on such dates and in
such years (but in no event exceeding forty (40) years from their date or dates), and
in the principal amount in each such year, as shall be determined by the City
Manager and the Director of Finance in accordance with the provisions of Section 8
hereof. Interest on the Bonds shall be calculated on the basis of a three hundred
and sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be
subject to redemption at the option of the City prior to their stated maturities, in
whole or in part from time to time on any date, in such order as may be determined
by the City (except that if at any time less than all of the Bonds of a given maturity
are called for redemption, the particular Bonds or portions thereof in installments
of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment
of such redemption prices (expressed as a percentage of the principal amount of the
Bonds to be redeemed), together with the interest accrued thereon to the date fixed
for the redemption thereof, as shall be determined by the City Manager and the
Director of Finance in accordance with the provisions of Section 8 hereof; provided,
however, that in the event all or a portion of the Bonds authorized hereby are sold
to the Virginia Public School Authority (the "VPSA"), the Bonds shall not be subject
to prepayment or redemption except with the prior written consent of the registered
owner.
(d) (i) If any Bond (or any portion of the principal amount thereof
in installments of $5,000) shall be called for redemption, notice of the redemption
thereof, specifying the date, number and maturity of such Bond, the date and place
or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of such Bond is to be
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid, to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption;
451
provided, however, that if all or a portion of the Bonds authorized hereby ars sold
to the VPSA, notice shall be made by rsgistered mail at least sixty (60) days but no
more than ninety (90) days prior to the date fixed for redemption. If notice of the
redemption of any Bond shall have been given as aforssaid, and payment of the
principal amount of such Bond (or the portion of the principal amount thereof to be
redeemed) and of the accrued intersst and premium, if any, payable upon such
redemption shall have been duly made or provided for, interest thereon shall cease
to accrue from and after the date so specified for the redemption thereof.
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New
York ("DTC"), or to its nominee. The City shall not be responsible for providing any
beneficial owner of the Bonds any notice of redemption.
SECTION 2. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and premium, if any,
and interest on the Bonds as the same become due. In each year while the Bonds,
or any of them, are outstanding and unpaid, the Council shall be authorized and
required to levy and collect annually, at the same time and in the same manner as
other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law
and without limitation as to rate or amount, sufficient to pay when due the principal
of and premium, if any, and interest on the Bonds to the extent other funds of the
City are not lawfully available and appropriated for such purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of
the City, by the manual or facsimile signatures of the Mayor and City Treasurer and
shall have a facsimile of the corporate seal of the City imprinted thereon, attested
by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a Registrar
and Paying Agent for the Bonds; provided, however, that in the event all or a pc,tion
of the Bonds authorized hereby are sold to the VPSA, the Registrar and Paying shall
be a bank or trust company qualified to serve as such in accordance with the
provisions of Section 8 hereof.
(c) The Director of Finance shall direct the Registrar to authenticate
the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually
executed by an authorized signatory of the Registrar. Upon the authentication of
452
any Bonds the Registrar shall insert in the certificate of authentication the date as
of which such Bonds are authenticated as follows: (i) if a Bond is authenticated
prior to the first interest payment date, the certificate shall be dated as of the'date
of the initial issuance and delivery of the Bonds of the series of Bonds of which such
Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the
certificate shall be dated as of such interest payment date, (iii) if a Bond is
authenticated after the fifteenth (15th) day of the calendar month next preceding an
interest payment date and prior to such interest payment date, the certificate shall
be dated as of such interest payment date and (iv) in all other instances the
certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be
dated as of a date other than the first day of a calendar month or the dates on which
interest is payable on such series are other than the first days of calendar months,
the provisions of this Section 3(c) with regard to the authentication of such Bonds
and of Section 9 with regard to the form of such Bonds shall be modified as the
Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner set
forth above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and premium, if any, on the Bonds
shall be payable in such coin or currency of the United States of America as at the
res pectivs dates of payment thereof is legal tender for public and private debts at the
office of the Registrar. Interest on the Bonds shall be payable by check mailed by
the Registrar to the registered owners of such Bonds at their respective addresses
as such addresses appear on the books of registry kept pursuant to this Section 4.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause to be kept
at its office books of registry for the registration, exchange and transfer of Bonds of
such series. Upon presentation at its office for such purpose the Registrar, under
such reasonable regulations as it may prescribe, shall register, exchange or transfer,
or cause to be registered, exchanged or transferred, on the books of registry the
Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by
the City or any duly authorized officer thereof.
453
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized attorney, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written instrument of transfer duly
executed by the registered owner in person or by his duly authorized attorney, in
form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be made
without expense to the registered owners of such Bonds, except as otherwise herein
provided, and except that the Registrar for such series of Bonds shall require the
payment by the registered owner of the Bond requesting such transfer or exchange
of any tax or other governmental charges required to be paid with respect to such
transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be
cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name
of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such
Bond will be immobilized in the custody of DTC. DTC will act as securities
depository for the Bonds. Individual purchases will be made in book-entry form
only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest in the
Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds
will be made bythe Registrar to DTC or its nominee, Cede & Co., as registered owner
of the Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal,
premium, if any, and interest payments to DTC participants will be the responsibility
of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC
participants will be the responsibility of such participants and other nominees of
such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants
who act on behalf of the indirect participants of DTC and the beneficial owners of the
Bonds.
454
(iii) The City will not be responsible or liable for sending transaction
statements orfor maintaining, supervising or reviewing records maintained by DTC,
its participants or persons acting through such participants or for transmitting
payments to, communicating with, notifying, or otherwise dealing with any beneficial
owner of the Bonds.
SECTION $. (a) CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with
the name of the attorney or attorneys rendering the same, together with a
certification of the City Clerk, executed by a facsimile signature of that officer, to the
effect that such copy is a true and complete copy (except for letterhead and date) of
the legal opinion which was dated as of the date of delivery of and payment for the
Bonds, may be printed on the Bonds.
SECTION 6. In the case of Bonds issued hereunder the interest on
which is contemplated to be excluded from gross income for purposes of federal
income taxation, the City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 7. The proceeds of the sale of the Bonds shall be applied
to the payment of the cost of the following public improvement projects of and for
the City in substantially the following respective amounts:
455
Purpose Amount
Civic Center Capital Improvements
Public School Capital Improvements
$14,300,000.00
38,000,000.00
$52,300,000.00
If any project set forth above shall require less than the entire
respective amount so set forth, the difference may be applied to any of the other
projects so set forth.
SECTION 8. (a) The Bonds shall be sold at negotiated or
competitive sale on such date or dates and at such price or prices as shall be
determined by the City Manager and the Director of Finance. In the event it is
determined that the Bonds shall be sold at competitive sale, the Director of Finance
is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale
of the Bonds and to cause such Summary Notice of Sale to be published in The
Bond Buyer, a financial journal published in the City of New York, New York, and to
prepare or cause to be prepared and distributed a Preliminary Official Statement and
a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of
Sale relating to the Bonds, the Director of Finance is hereby authorized to provide
that bids for the purchase of the Bonds may be received by electronic bidding. The
City Manager and the Director of Finance (i) are hereby authorized to determine the
dated date of the Bonds of each series, the dates the Bonds of each series shall
mature, the dates on which interest on the Bonds shall be payable, the aggregate
principal amount of the Bonds of each series and the principal amount of the Bonds
of each series maturing in each year; and (ii), in the event it is determined that the
Bonds shall be sold at competitive sale, are hereby further authorized to receive bids
for the purchase of the Bonds of each series and, without further action of this
Council, to accept the bid offering to purchase the Bonds of each series at the
lowest true interest cost to the City; provided, however, in no event shall the true
interest cost with respect to the Bonds of any series exceed eight percent (8.00%).
The City Manager and the Director of Finance are further authorized to fix the rates
of interest to be borne by the Bonds of each maturity of each series as specified in
the bid accepted by them in accordance with the immediately preceding sentence.
The City Manager and the Director of Finance are hereby authorized to determine the
provisions relating to the redemption of the Bonds upon the advice of the City's
financial advisor; provided, however, in no event shall any redemption premium
payable by the City exceed three percent (3.00%). In the event it is determine(; that
all or a portion of the Bonds authorized hereby for public school capital
456
improvements shall be sold to the VPSA, such Bonds shall have the final details,
including the purchase price thereof, the interest rates to be borne thereby, the
redemption provisions thereof, including notice of redemption provisions and the
premium, if any, payable upon the redemption thereof as shall be requested by the
VPSA and as shall be determined by the City Manager and the Director of Finance
in accordance with the parameters set forth in this Section 8(a); provided, further,
that the City Manager and the Director of Finance shall select a bank or trust
company qualified to serve as paying agent and registrar in connection with such
Bonds, and such Bonds may be designated and known as "City of Roanoke,
Virginia, General Obligation School Bonds", and the City Manager and the Director
of Finance, or either of them, are further authorized to execute and deliver to the
VPSA a Bond Sale Agreement, a Proceeds Agreement, a Continuing Disclosure
Agreement, a Use of Proceeds Certificate and such other agreements and
certificates as are customarily executed and delivered in connection with the sale
of bonds to the VPSA.
(b) The Mayor is hereby authorized and directed to execute and
deliver to the purchasers of the Bonds an Official Statement of the City relating to
the Bonds, in substantially the form of the Preliminary Official Statement relating to
the Bonds, after the same has been completed by the insertion of the maturities,
interest rates and other details of the Bonds and by making such other insertions,
changes or corrections as the Mayor, based on the advice of the City's financial
advisors and legal counsel (including the City Attorney and Bond Counsel), deems
necessary or appropriate; and this Council hereby authorizes the Official Statement
and the information contained therein to be used by the purchasers in connection
with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for
purposes of Rule 15c2-12 promulgated bythe Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule t 5c2-12"). The City Manager
and the Director of Finance are hereby authorized and directed to execute on behalf
of the City and deliver to the purchasers a certificate in substantially the form to be
included in the Official Statement under the caption "Certificate Concerning Official
Statement".
(c) The City Manager and the Director of Finance are hereby
authorized to execute and deliver to the purchasers of the Bonds a Continuing
Disclosure Certificate relating to the Bonds evidencing the City's undertaking to
comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule
15c2-12 in such form as shall be approved by the City Manager and the Director of
Finance upon advice of counsel (including the City Attorney and Bond Counsel),
such approval to be conclusively evidenced by their execution thereof.
457
(d) All actions and proceedings heretofore taken by this Council, the
City Manager, the Director of Finance and the other officers, employees, agents and
attorneys of and for the City in connection with the issuance and sale of the Bonds
are hereby ratified and confirmed.
SECTION 9. Bonds, the certificate of authentication of the Registrar,
and the assignment endorsed on the Bonds, shall be in substantially the forms set
forth in Exhibit A attached hereto.
SECTION 10. General obligation public improvement bond anticipation
notes (the "Notes") are authorized for issuance and sale by the City Manager and the
Director of Finance in anticipation of the issuance of the general obligation bonds
authorized for issuance herein. Such Notes shall be sold at competitive or
negotiated sale at such price or prices and on such other terms and conditions as
shall be determined by the City Manager and the Director of Finance. The City
Manager and the Director of Finance (i) are hereby authorized to determine the dated
date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal
amount of the Notes of each series and the principal amount of the Notes of each
series maturing in each year; and (ii), in the event it is determined that the Notes
shall be sold at competitive sale, are hereby further authorized to receive bids for the
purchase of the Notes of each series and, without further action of this Council, to
accept the bid offering to purchase the Notes of each series at the lowest true
interest cost to the City; provided, however, in no event shall the true interest cost
with respect to the Notes of any series exceed six percent (6.00%). The City
Manager and the Director of Finance are further authorized to fix the rates of interest
to be borne by the Notes of each maturity of each series as specified in the bid
accepted by them in accordance with the immediately preceding sentence. The City
Manager and the Director of Finance are hereby authorized to determine the
provisions relating to the redemption of the Notes hereof upon the advice of the
City's financial advisor; provided, however, in no event shall any redemption
premium payable by the City exceed two percent (2.00%). If such Notes are offered
for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be
prepared, published and distributed in accordance with the requiremep~ of
Section 8. There shall also be prepared and distributed a Preliminary Official
Statement and a final Official Statement relating to such Notes in such form as shall
be approved by the Director of Finance. The issuance and details of such Notes
shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26,
Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall
458 -
apply to such Notes to the same extent the same apply to the Bonds except, in the
case of the provisions of Section 2, only to the extent such Notes are not paid from
the proceeds of the Bonds or from any other available funds. Bonds in anticipation
of which such Notes are issued pursuant to this Section 10 may be issued and sold
in accordance with the provisions of this Resolution at any time within five (5) years
of the date of issuance of the first Notes issued in anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make
expenditures for the purpose for which the Bonds are to be issued in advance of the
issuance and receipt of the proceeds of the Bonds and to reimburse such
expenditures from the proceeds of the Bonds. The adoption of this Resolution shall
be considered an "official intent" within the meaning of Treasury Regulation Section
1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 12. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 13.
herewith are, to the extent of such conflict, repealed.
ATTEST:
Mary F. Parker
City Clerk
All ordinances, resolutions and proceedings in conflict
APPROVED
Ralph K. Smith
Mayor
459
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED REGISTERED
No. R-._ $.
MATURITY INTEREST
DATE: RATE: DATE OF BOND: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
KNOWALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall be
subject to prior redemption and shall have been duly called for previous redemption
and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on
and semiannually on each and thereafter (each such
date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of authentication is an
interest payment date, in which case from such interest payment date, or un.less
such date of authentication is within the period from the sixteenth (l 6th) day to the
last day of the calendar month next preceding the following interest payment date,
in which case from such following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate (specified above) per
annum, by check mailed by the Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry,
as of the close of business on the fifteenth (15th) day (whether or not a business
day) of the calendar month next preceding each interest payment date. Interest on
this Bond shall be calculated on the basis of a three hundred and sixty (360) day
year comprised of twelve (12) thirty (30) day months. The principal of and premium,
if any, on this Bond are payable on presentation and surrender
460
hereof, at the off, ce of , as the Registrar
and Paying Agent, in the City of , Principal of and
premium, if any, and interest on this Bond are payable in any coin or currency of the
United States of America which, on the respective dates of payment thereof, shall
be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and
tenor except as to number, interest rate and maturity, which is issued for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, under and pursuant to and in full
compliance with the Constitution and statutes of the Commonwealth of Virginia,
including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), and resolutions and other proceedings of the Council
of the City duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after are subject to
redemption at the option of the City prior to their stated maturities, on or after
in whole or in part from time to time on any date, in such
order as may be determined by the City (except that if at any time less than all of the
Bonds of a given maturity are called for redemption, the particular Bonds or portions
thereof in installments of $5,000 of such maturity to be redeemed shall be selected
by lot), upon payment of the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive}
Redemption Prices
(Percentages of Princiual Amount)
to __, __ %
and thereafter
If this Bond is redeemable and this Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of this Bond is to be
461
redeemed, that this Bond must be surrendered in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice
of the redemption of this Bond (or the portion of the principal amount hereof to be
redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of
the accrued interest and premium, if any, payable upon such redemption shall have
been duly made or provided for, interest hereon shall cease to accrue from and after
the date so specified for the redemption hereof.
Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the issue of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggregate
principal amount of Bonds of other authorized principal amounts and of the same
issue, interest rate and maturity. This Bond is transferable by the Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, issue, interest rate and maturity as the Bond surrendered, will be issued to
the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, and interest on this Bond
as the same become due. In each year while this Bond is outstanding and unpaid,
the Council of the City shall be authorized and required to levy and collect annually,
at the same time and in the same manner as other taxes of the City are assessed,
levied and collected, a tax upon all property within the City, over and above all other
taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and premium, if any, and interest on this Bond to the
extent other funds of the City are not lawfully available and appropriated for ~uch
purpose.
462 -
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
bythe Constitution or statutes of the Commonwealth of Virginia orthe Charter of the
City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the man-al or
facsimile signature of its City Clerk; and this Bond to be dated as of the day
of ,200_.
[SEAL]
Attest:
City Clerk City Treasurer
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
[ ], as Registrar
By:
Authorized Signatory
Date of Authentication:
463
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and
transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and
appointing : ,Attorney, to
transfer such Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of
of The New York Stock Exchange,
Inc. or a commercial bank or trust
trust company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
face of this Bond in every particular,
without alteration, enlargement or any
change whatsoever.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36404-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
464 -
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School Capital Projects Fund Appropriations be, and the
same are hereby, amended and raordained to read as follows, in part:
Appropriations
Education
Public Improvement Bonds Series 2005 (1) .............
Patrick Henry High School Project (2) ..................
$ 23,517,418.00
(1,100,000.00)
1,100,000.00
1) Schools
2) Appropriated from
Future Bond Issue
(031-060-9707-6896-9182)
(031-065-6066-6896-9137)
$ (1,100,000.00)
1,100,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36405-061603.
AN ORDINANCE approving the Hurt Park/Mountain View/VVest End
Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive
Plan, to include the Hurt Park/Mountain View/West End Neighborhood Plan; and
dispensing with the second reading by title of this ordinance.
465
WHEREAS, the Hurt Park/Mountain View/West End Neighborhood Plan
(the "Plan") was presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on May 15,
2003, and recommended adoption of the Plan and amending Vision 2001 - 202~, the
City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and
WHEREAS, in accordance with the provisions of §15.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
Monday, June 16, 2003, on the proposed Plan, at which hearing all citizens so
desiring were given an opportunity to be heard and to present their views on such
amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That this Council hereby approves the Hurt Park/Mountain
View/West End Neighborhood Plan and amends Vision 2001 - 2020, the City's
Comprehensive Plan, to include the Hurt Park/Mountain View/West End
Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested
copies of this ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
~a¥or
466 ---
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36406-061603.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of a .017 acre portion of City-owned
property known as the utility lot identified as New Parcel C of Official Tax No.
4060101, located along Hamilton Terrace, S.E., and temporary construction
easements to Carillon Health Systems ("CHS"), upon certain terms and conditions,
and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on June 16, 2003, pursuant to
§§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interest and citizens were afforded an opportunity to be heard on said
conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, the necessary
documents providing for the conveyance of a .017 acre portion of City-owned
property known as the utility lot identified as New Parcel C of Official Tax No.
4060101, located along Hamilton Terrace, S.E., to Carilion Health Systems ("CHS"),
upon the terms and conditions set forth in the City Manager's letter to this Council
dated June 16, 2003.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
3. The City shall retain any existing easements, together with the
right of ingress and egress over the same, for the installation and maintenance of
any and all existing utilities that may be located within the demised area.
467
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36407-061603.
AN ORDINANCE granting a revocable license to permit the
encroachment of a retaining wall, sidewalk and canopy, with all necessary
appurtenances thereto, encroaching approximately .063 acres into the public right-
of-way of Hamilton Terrace, S.E., upon certain terms and conditions; and dispensing
with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on June 16, 2003, pursuant to
§§15.2-~1800(B), 15.2-1813, and 15.2-2010, Code of Virginia (1950), as amended, at
which hearing all parties in interest and citizens were afforded an opportunity [o be
heard on said encroachment.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Permission is hereby granted Carillon Health Systems
("Licensee") to permit the construction and encroachment of a retaining wall,
sidewalk, canopy and supporting structure encroaching approximately .063 acres
into the public right-of-way of Hamilton Terrace, S.E., as more fully described in a
letter of the City Manager to City Council dated June 16, 2003.
468 -
2. Such license, granted pursuant to §15.2-2010, Code of Virginia
(1950), as amended, shall be revocable at the pleasure of the Council of the City of
Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010.
3. It shall be agreed by the Licensee that, in maintaining such
encroachment, the Licensee and its grantees, assignees, or successors in interest
shall agree to indemnify and save harmless the City of Roanoke, its officials, officers
and employees from all claims for injuries or damages to persons or property that
may arise by reason of the above-described encroachment in the public right-of-way.
4. The tenant of licensee, its grantors, assigns or successor in
interest shall for the duration of this license maintain on file with the City Clerk's
Office evidence of insurance coverage in amounts not less than $1,000,000.00. This
insurance requirement may be met by either homeowner=s insurance or commercial
general liability insurance. The certificate of insurance must list the City of Roanoke,
its officers, employees, agents and volunteers as additional insureds, and an
endorsement by the insurance company naming the City as an additional insured
must be received within thirty (30) days of passage of this ordinance. The certificate
shall state that such insurance may not be canceled or materially altered without
thirty (30) days written advance notice of such cancellation or alteration being
provided to the Risk Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance
to the Roanoke Regional Airport Commission, Roanoke, Virginia.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by Carilion Health Systems, has peen
admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit
Court for the City of Roanoke and shall remain in effect only so long as a valid,
current certificate evidencing the insurance required in Paragraph 4 above is on file
in the Office of the City Clerk.
469
7. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
ACCEPTED and EXECUTED by the undersigned this
CARILLON HEALTH SYSTEMS
day of
Its
STATE OF §
§ To-Wit:
CITY/COUNTY OF §
The foregoing instrument was acknowledged
jurisdiction aforesaid this day of
, the
Health Systems.
before
me in my
, by
of Carilion
My Commission expires:
[ SEAL ]
Notary Public
470 .....
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36408-061603.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish an enhancement project for the renovation of the historic Hotel
Dumas to create the Dumas Center for Artistic and Cultural Development.
WHEREAS, Total Action Against Poverty ("TAP") is requesting
Transportation Enhancement funds in the amount of $300,000.00 to support the
renovation of the Historic Hotel Dumas to create the Dumas Center for Artistic and
Cultural Development;
WHEREAS, the renovated historic center will open daily as a cultural
tourism destination featuring the displays and programs of the Harrison Museum of
African American Culture, performances by the Dumas Drama Guild, and music and
drama performed by local, regional and national artists and groups in the 260 seat
auditorium on the facility's second floor;
WHEREAS, the Dumas Center for Artistic and Cultural Development is
strategically located to become an extension and enhancement of the tourism that
is now concentrated in the vicinity of the Roanoke City Market and Hotel Roanoke;
and
WHEREAS, City Council and the Metropolitan Planning Organization
must endorse an application prior to submittal to the Virginia Department of
Transportation ("the Department") by the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project for overall renovation and site work for the
future Dumas Center for Artistic and Cultural Development, such project being more
particularly described in the City Manager's letter dated June 16, 2003, tc City
Council.
471
2. Pursuant to the Transportation EquityAct for the 21't Century, the
City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for
planning and design, right-of-way acquisition, and construction of this project, and
that if the City subsequently elects to cancel this project, the City hereby agrees to
reimburse the Department for the total amount of the costs expended by the
Department through the date the Department is notified of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, all necessary and appropriate
agreements with the Department providing for the programming of such project,
such agreements to be in such form as is approved by the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest respectively, a legally binding agreement with
the project applicants, Total Action Against Poverty, subject to their application
being approved by the Department, requiring the applicants to be fully responsible
for its matching funds as well as all other obligations undertaken by the City by
virtue of the City/State Agreement, such agreement to be in such form as is
approved by the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
472 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36409-061603.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish an enhancement project to support the design and construction of
the O. Winston Link Museum's open storage component, the refurbishment of
authentic station benches, and the restoration and installation of N&W Passenger
Station signs.
WHEREAS, the O. Winston Link Museum and Historical Society of
Western Virginia are requesting Transportation Enhancement funds in the amount
of $172,000.00 to support the design and construction of the O. Winston Link
Museum's open storage component, the refurbishment of authentic station benches,
and the restoration and installation of N&W Passenger Station signs;
WHEREAS, the O. Winston Link Museum is located just off 1-581,
adjacent to the Hotel Roanoke, along the Lick Run Greenway, and within a five
minute drive of the Roanoke Regional Airport, which location provides the ability to
reach a diverse traveling public;
WHEREAS, the project will potentially foster a destination attraction and
will preserve and provide a new economic function to an architecturally significant
structure; and
WHEREAS, City Council and the Metropolitan Planning Organization
must endorse an application prior to submittal to the Virginia Department of
Transportation ("the Department") by the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project to support the design and construction of
the O. Winston Link Museum's open storage component, the refurbishment of
authentic station benches, and the restoration and installation of N&W Passenger
Station signs, such project being more particularly described in the City Manager's
letter dated June 16, 2003, to City Council.
473
2. Pursuant to the Transportation EquityAct for the 21 st Century, the
City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for the
design and construction of the museum's open storage component, the
refurbishment of authentic station benches, and the restoration and installation of
N&W Passenger Station signs, and that if the City subsequently elects to cancel this
project, the City hereby agrees to reimburse the Department for the total amount of
the costs expended by the Department through the date the Department is notified
of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, all necessary and appropriate
agreements with the Department providing for the programming of such project,
such agreements to be in such form as is approved by the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, a legally binding agreement
with the project applicants, the O. Winston Link Museum of the History Muse-m &
Historical Society of Western Virginia, subject to their application being approved
by the Department, requiring the applicants to be fully responsible for its matching
funds as well as all other obligations undertaken by the City by virtue of the
City/State Agreement, such agreement to be in such form as is approved by the City
Attorney.
5. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
474 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36410-061603.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish an enhancement project to reduce the debt service incurred to
complete the renovation of the Roanoke Passenger Station.
WHEREAS, the Western Virginia Foundation for the Arts and Sciences
("WVFAS') operating as Center In The Square is requesting Transportation
Enhancement funds in the amount of $~. ~.~.,000.00 to reduce the debt service incurred
to complete the renovation of the Roanoke Passenger Station;
WHEREAS, the Roanoke Passenger Station Project is an on;oing
project to renovate the historic passenger station, which project has received
enhancement funds previously and which began construction with a scheduled
completion date of September 1, 2003;
WHEREAS, the project has received funds from previous enhancement
funds, TEA-21 High Priority Funds, the City of Roanoke, and various private and
corporate donations;
WHEREAS, this additional funding will ease an extreme hardship on the
non-profit sponsor, WVFAS, that has recently lost operating funds as a result of cuts
in State funding; and
WHEREAS, City Council and the Metropolitan Planning Organization
must endorse an application prior to submittal to the Virginia Department of
Transportation ("the Department") by the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project to reduce the debt service incurred to
complete the renovation of the Roanoke Passenger Station, such project being more
particularly described in the City Manager's letter dated June 16, 2003, to City
Council.
475
2. Pursuant to the Transportation EquityAct for the 21't Century, the
City hereby agrees to pay a minimum of twenty percent (20%) of the total amount of
costs associated to reduce the debt service incurred to complete the renovation of
the Roanoke Passenger Station, and that if the City subsequently elects to cancel
this project, the City hereby agrees to reimburse the Department for the total amount
of the costs expended by the Department through the date the Department is notified
of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, all necessary and appropriate
agreements with the Department providing for the programming of such project,
such agreements to be in such form as is approved by the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, a legally binding agreement
with~he project applicant, the WVFAS, subject to the application being approved by
the Department, requiring the applicant to be fully responsible for its matching funds
as well as all other obligations undertaken by the City by virtue of the City/State
Agreement, such agreement to be in such form as is approved by the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
476 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36411-061603.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish an enhancement project to develop construction plans for
restoration of the Virginian Railway Passenger Station and the adjacent property.
WHEREAS, the Roanoke Redevelopment and Housing Authority
("RRHA") is requesting Transportation Enhancement funds in the amount of
$990,530.00 to develop construction plans for restoration of the Virginian Ra~=way
Passenger Station, located at 1406 Williamson Road, S.E., and the adjacent property,
in the City of Roanoke;
WHEREAS, the Virginian Railway Passenger Station needs to be
revitalized because of its exposure to the elements;
WHEREAS, the station is eligible for listing on the National Register of
Historic Places because of its contribution to the railroad industry and its facilitation
of passenger transport to and from Roanoke;
WHEREAS, this project will consist of developing a master plan for the
station and adjacent property, creating construction plans for interior architectural
work and exterior work, creating a greenway on the property, landscaping the
property, and mitigating highway runoff;
WHEREAS, upon completion, the Virginian Railway Passenger Station
will be used as a museum and as a place to house and display the archives of the
Roanoke Chapter of the National Railway Historical Society; and
WHEREAS, City Council and the Metropolitan Planning Organization
must endorse an application prior to submittal to the Virginia Department of
Transportation ("the Department") by the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
477
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project to develop construction plans for
restoration of the Virginian Railway Passenger Station and the adjacent property,
such project being more particularly described in the City Manager's letter dated
June 16, 2003, to City Council.
2. Pursuant to the Transportation EquityAct for the 21st Century, the
City hereby agrees to pay a minimum of twenty percent (20%) of the total amount of
costs associated to develop construction plans for restoration of the Virginia
Railway Passenger Station and the adjacent property, and that if the City
subsequently elects to cancel this project, the City hereby agrees to reimburse the
Department for the total amount of the costs expended by the Department through
the date the Department is notified of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, all necessary and appropriate
agreements with the Department providing for the programming of such project,
such agreements to be in such form as is approved by the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, a legally binding agreement
with the project applicant, the RRHA, subject to the application being approved by
the Department, requiring the applicant to be fully responsible for its matching funds
as well as all other obligations undertaken by the City by virtue of the City/~tate
Agreement, such agreement to be in such form as is approved by the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
478
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36412-070703.
A RESOLUTION memorializing the late Samuel P. McNeil, former
Roanoke City School Board Chairman and a former President of Patrick Henry High
School P.T.A.
WHEREAS, the members of Council learned with sorrow of the passing
of Mr. McNeil on Friday, June 20, 2003;
WHEREAS, Mr. McNeil spent his early years in Virginia's Tazewell and
Augusta counties;
WHEREAS, Mr. McNeil attended Virginia Polytechnic Institute and
graduated in 1932 with a degree in Agricultural Education;
WHEREAS, Mr. McNeil served in the U.S. Army from 1941 to 1945,
attaining the rank of Major and completing a 19-month tour of duty in Europe;
WHEREAS, Mr. McNeil was at one time employed by Smith Douglas
Fertilizer and Nicholas Fertilizer Corporation, and eventually founded M&M
Brokerage Company;
WHEREAS, Mr. McNeil became the first president of the Patrick Henry
High School P.T.A. in 1962, and was appointed a member of the Roanoke City School
Board in 1964, serving as chairman from 1970 to 1976;
WHEREAS, Mr. McNeil was instrumental in establishing Blue Ridge
Public Television in 1966, and was president of WBRA for 25 years;
WHEREAS, Mr. McNeil co-founded the Western Virginia Chapter of the
Fellowship of Christian Athletes and was its chairman from 1963-1968;
WHEREAS, Mr. McNeil was an active member of Calvary Baptist Church
where he served as a teacher and member of several committees, and was honored
with the designation of Deacon Emeritus;
479
WHEREAS, Mr. McNeil received many awards for service to the
community including an honorary membership in the Rotary Club of Roanoke as a
past-president; a Distinguished Citizen Award from the Junior Chamber of
Commerce in 1968; recognition as Father of the Year in Civic Affairs in 1987; the
NCCJ Humanitarian Award in 1988; and induction into the Southwest Virginia
Business Hall of Fame by Junior Achievement in 2001; and
WHEREAS, Mr. McNeil was an avid Hokie, and missed only two home
games in Blacksburg since 1949.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of recording its
deepest regret and sorrow at the passing of Samuel P. McNeil, and extends to his
family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Mr. McNeil's son and daughter-in-law, Samuel P. and Chris McNeil of
Charlotte, North Carolina; daughter and son-in-law, Marsha-and Glen Combs of
Roanoke, Virginia.; and sisters, Edgar M. Hailey of Waynesboro, Virginia., and
Virginia M. Null of Harrisonburg, Virginia.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
480 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36413-070703.
A RESOLUTION authorizing certain actions in connection with the
redemption and refinancing of certain Section 108 guaranteed obligations previously
issued by the City.
WHEREAS, in connection with the rehabilitation and restoration of the
Hotel Roanoke and the development of the Hotel Roanoke Conference Center (the
"Project"), the City was loaned $6,000,000 by the United States Department of
Housing and Urban Development ("HUD") pursuant to its Section 108 Loan
Guarantee Assistance Program; and
WHEREAS, the City desires to redeem and refinance, on August 1,2003,
its Section 108 guaranteed obligations that it previously issued for this Project, and
to permanently place this obligation as part of the pending public offering of trust
certificates guaranteed under Section 108 of the Housing and Community
Development Act of 1974, as amended.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. in connection with such refinancing of the Project, the City
Manager is hereby authorized to execute, for and on behalf of the City, a
Variable/Fixed Rate Promissory Note bearing Note No. B-91-MC-51-0020, with a
maximum commitment amount of $3,825,000.
2. The City Manager and the City Clerk are authorized to execute and
to attest, respectively, for and on behalf of the City, a Contract for Loan Guarantee
Assistance Under Section 108 of the Housing and Community Development Act of
1974, as amended, 42 U.S.C. §5308, for the issuance of a VariabielFixed Rate
Promissory Note, as of August 1, 2003, for conversion to fixed rates as of the 2003
conversion date, and all other documents necessary or desirable to accomplish the
transaction, including the pledging of present and future Community Development
Block Grants to the repayment of this loan, if necessary.
481
3. The City Manager and the City Clerk are authorized to execute and
to attest, respectively, for and on behalf of the City, an amendment to the contract
dated November 15, 1993, among the City, the Roanoke Redevelopment and Housing
Authority, and Hotel Roanoke, L.L.C. as amended, to reflect the change in interest
rates as a result of this redemption and refinancing of the aforementioned
obligations.
4. The above-referenced documents shall be approved as to form
by the City Attorney.
5. The City Attorney is authorized to issue to HUD an opinion of
counsel that all necessary steps have been taken by this Council to authorize this
transaction and the execution of the documents referenced above.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36414-070703.
A RESOLUTION establishing a meeting schedule for City Council for the
Fiscal Year commencing July 1, 2003, and terminating June 30, 2004, and
rescheduling one regular meeting to be held in the month of October, 2003.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This resolution establishes a schedule of regular meetings for
City Council for the Fiscal Year commencing July 1, 2003, and terminating June 30,
2004.
482
2. For such fiscal year, City Council shall hold regular meetings on
the first and third Mondays of each month, at the following times of commencement:
(a) Unless otherwise provided by resolution of Council,
each regular meeting on the first Monday in each month
shall commence at 9:00 a.m. for the conduct of informal
meetings, work sessions or closed meetings. Thereafter
Council shall take up the regular agenda at 2:00 p.m.
Council may recess between the 9:00 a.m. session and the
2:00 p.m. session.
(b) Unless otherwise provided by resolution of Council,
each regular meeting on the third Monday in each month
shall commence at 2:00 p.m. for the conduct of regular
business. The second meeting of each month shall be
recessed upon the completion of all business except the
conduct of public hearings, and such meeting shall be
reconvened at 7:00 p.m. on the same day for the conduct
of public hearings.
3. With regard to the regular meetings scheduled to be held on the
third Monday of each month, inasmuch as City officials and Council members will
be attending the Virginia Municipal League Annual Conference to be held in Roanoke
this year, an exception is noted herein and the regular meeting scheduled to be held
on Monday, October 20, 2003, at 2:00 p.m. is rescheduled to be held on Thursday,
October 23, 2003, at 2:00 p.m., and will be recessed upon the completion of all
business except the conduct of public hearings, and such meeting shall be
reconvened at 7:00 p.m. on the same day for the conduct of public hearings.
4. When any regularly scheduled Monday meeting shall fall on a
holiday of the City, such meeting shall be held on Tuesday next following.
5. All meetings of City Council shall be automatically adjourned at
Il:00 p.m., unless a motion setting a new time for adjournment be made, seconded
and unanimously carried.
6. All regular meetings of City Council shall be held in the Council
Chambers, Room 450, of the Municipal Building in this City, unless otherwise
provided by resolution of Council.
483
7. City Council may prescribe a day or time other than that
established by this resolution or a meeting place other than that established by this
resolution by adoption of a resolution establishing a new meeting day, place or time.
City Council shall cause a copy of such resolution to be posted adjacent to the door
of the Council Chambers and inserted in a newspaper having general circulation in
the City at least seven days prior to the date of the meeting at such amended day,
time or place
City Council called pursuant to §10 of the City Charter.
This Resolution shall have no application to special meetings of
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36415-070703.
AN ORDINANCE amending Chapter 1, General Administration., of the
Code of the City of Roanoke (1979), as amended, by amending §1-21, Courtroom
security assessment, by deleting the sunset provision in §'1.21, which section
provides, pursuant to §53.1-120, Code of Virginia (1950), as amended, for
assessment by the City of a fee to provide funding of courthouse security personnel;
providing for an effective date; and dispensing with the second reading of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
484
1. Chapter 1, General Administration, of the Code of the City of
Roanoke (1979), as amended, is hereby amended by eliminating the sunset provision
contained in §1-21, Courtroom security assessment, which section shall read and
provide as follows:
§1-21. Courtroom security assessment.
As authorized by Section 53.1-120, Code of Virginia (1950), as amended,
effective July 1,2002, the clerks of the city's district and circuit courts, respectively,
shall assess and collect the sum of $5.00 as part of the costs in each crimir31 or
traffic case in which the defendant is convicted of a violation of any statute or
ordinance. Such sums shall be collected bythe clerk of the court in which the case
is heard, remitted to the city treasurer, and be held by the treasurer subject to
appropriation by city council to the sheriff's office for the funding of courthouse
security personnel "'- ........ ' .... ' '"" ..... ' ........
2. Pursuant to §12 of the Roanoke City Charter, the second reading
by title paragraph of this ordinance is hereby dispensed with.
APPROVED
This ordinance shall be in full force on and after July 1, 2003.
Mary F. Parker
City Clerk
Mayor
485
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36416-070703.
A RESOLUTION in support of participation in the Fifth Planning District
Regional Alliance and support for the distribution mechanism of Regional
Competitiveness funds.
WHEREAS, the Fifth Planning District Regional Alliance was created in
1997 by local governments to promote increased levels of inter-jurisdictional
cooperation in order to improve the region's economic competitiveness;
WHEREAS, the City of Roanoke is currently a participating member
government of the Fifth Planning District Regional Alliance;
WHEREAS, the Regional Alliance is making application to requalify as
a regional competitiveness partnership under the 1996 Regional Competitiveness
Act (RCA); and
WHEREAS, the Regional Competitiveness Act required that each
participating local government with the region must approve by resolution: (1) its
intent to continue participating in the Regional Alliance and (2) a methodology for
the distribution of incentive funds under the RCA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke agrees to participate in the Fifth Planning District Regional Alliance with
other local governments in the region; and furthermore, approves the allocation
486
of any Regional Competitiveness funds to be paid to the Fifth Planning District
Regional Alliance to be used to help implement the regional programs and projects
as presented in the Regional Economic Strateov adopted by the Alliance in July,
2002.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
~~h~~.Smit~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of July, 2003.
No. 36417-070703.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 General and Capital Projects Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 General and Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Ar~oroDriations
Nondepartmental
Transfer to Capital Projects Fund (1) ..................
$ 73,865,777.00
1,111,102.00
487
Fund Balance
Residual Equity Transfer (2) ............................. $ 29,801.00
Capital Projects Fund
Appropriations
Community Development
120 Commonwealth Avenue (3) ..........................
6,854,402.00
130,000.00
Revenues
Nonoperating
Transfer from General Fund (4) ..........................
1,111,1n2.00
1,111,102.00
1) Transfer to Capital
Projects Fund
2) Residual Equity Transfer
3) Appropriated from
General Revenue
4) Transfer from
General Fund
(001-250~310~508)
(001-3337)
(008-530-9816-9003)
(008-110-1234-1037)
$ 130,000.00
(130,000.00)
130,000.00
130,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
488
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36418-070703.
AN ORDINANCE providing for the acquisition of property located at 120
Commonwealth Avenue, N.E., and identified by Roanoke CityTax Map Nos. 3012825,
3012826 and 3012827, authorizing the proper City officials to execute and attest any
necessary documents for this acquisition; and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for use as a gateway to downtown, the City wants and
needs fee simple title to property located at 120 Commonwealth Avenue, N.E.. and
identified by Roanoke City Tax Map Nos. 3012825, 3012826 and 3012827, as more
specifically set forth in the City Manager's letter to Council dated July 7, 2003 and
attachment thereto. The proper City officials are authorized to execute and attest the
necessary documents, in form approved by the City Attorney, to acquire for the City
from the respective owner the fee simple title to the parcels, for a consideration not
to exceed $130,000.00.
2. The City's purchase of the property bearing Official Tax Nos.
3012825, 3012826 and 3012827, is subject to the City being able to obtain a
satisfactory environmental assessment of the property and an acceptable title
report.
3. Upon delivery to the City of a deed, approved as to form and
execution by the City Attorney, the Director of Finance is directed to pa:i the
consideration to the owner, certified by the City Attorney to be entitled to the same.
489
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 7th dayofJuly, 2003.
No. 36419-070703.
A RESOLUTION authorizing the appropriate City officials to execute an
Amendment to the 2002-2003 Agreement with the Roanoke Redevelopment and
Housing Authority and HOME Investment Partnership Program to conduct housing
activities using Community Development Block Grant and HOME Investment
Partnerships Program funds, upon certain terms and conditions.
WHEREAS, Resolution No. 36096, adopted October 15, 2002, authorized
the appropriate City Officials to enter into the 2002-2003 Agreement with the
Roanoke Redevelopment and Housing Authority ("RRHA") and HOME Investment
Partnership Program ("HOME") to conduct housing activities using Community
Development Block Grant and HOME investment Partnerships Program funds;
WHEREAS, in order for RRHA to conduct the housing activities
approved in the Consolidated Plan, City Council action is needed; and
WHEREAS, because this project is ongoing, it is more efficient
financially and programmatically to extend and increase the funding under the
existing agreement than to create a new agreement.
490
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager or Assistant City Manager, and the City Clerk, are hereby
authorized to execute and attest, respectively, on behalf of the City, an Amendment
to the 2002-2003 agreement with the RRHAJHOME, approved as to form by the City
Attorney, within the limits of funds and for the purposes as are more particularly set
forthin the City Manager's letter dated July 7, 2003, to this Council.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36420-070703.
A RESOLUTION authorizing the appropriate City officials to execute
Amendment No. 1 to the 2002-2003 Agreement with the Blue Ridge Housing
Development Corporation to conduct housing activities using Community
Development Block Grant and HOME Investment Partnerships Program funds, upon
certain terms and conditions.
WHEREAS, by Resolution No. 36095, adopted October 15, 2002,
authorized the appropriate City Officials to enter into the 2002.2003 Agreement with
the Blue Ridge Housing Development Corporation ("BRHDC") to conduct housing
activities using Community Development Block Grant and HOME investment
Partnerships Program funds;
WHEREAS, in order for BRHDC to conduct the housing activities
approved in the Consolidated Plan, City Council action is needed; and
491
WHEREAS, because this project is ongoing, it is more efficient
financially and programmatically to extend and increase the funding under the
existing agreement than to create a new agreement.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager or Assistant City Manager, and the City Clerk, are hereby
authorized to execute and attest, respectively, on behalf of the City, Amendment No.
1 to the 2002-2003 agreement with the BRHDC, approved as to form by the City
Attorney, within the limits of funds and for the purposes as are more particularly set
forth in the City Manager's letter dated July 7, 2003, to this Council.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of July, 2003.
No. 36421-070703.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
492 -
Appropriations
Health and Welfare
VA Cares FY04 (1) ................................
$ 5,105,803.00
570,519.00
Revenues
Health and Welfare
VA Cares FY04 (2) ................................
5,105,803.00
570,519.00
1)Fees for Professional
Services
2) State Grant Receipts
(035-630-8081-2010)
(035-630-8081-8081 )
$ 570,519.00
570,519.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36422~70703.
A RESOLUTION accepting a grant of funds from the Byrne Memorial
Formula Grant Program, administered bythe Virginia Department of Criminal Justice
Services, authorizing the City Manager to execute the requisite documents for such
grant, authorizing the City Manager to execute a subgrant agreement with the
Virginia Community Action Re-entry System, Inc. ("Virginia CARES"), upon certain
terms and conditions.
493
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant of funds from the Byrne Memorial Formula Grant
Program is hereby ACCEPTED.
2. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, the requisite Bryne Memorial Formula Grant documents with the
Virginia Community Action Re-entry System, Inc., for such funds, in form as is
approved by the City Attorney, as more particularly set out in the City Manager's
letter dated July 7, 2003, to this Council.
3. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, a subgrant agreement with the Virginia Community Action Re-
entry System, Inc. ("Virginia CARES"), in such form as is approved by the City
Attorney, as more particularly set out in the City Manager's letter dated July 7, 2003,
to this Council.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36423-070703.
AN ORDINANCE amending Section 20-80 of Division 2 Residential
Parkinq Permits, of Article IV, StoD=in_~. Standinc~ and Parkincj, Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, amending the
City's residential parking permit system; and dispensing with the second reading by
title of this ordinance.
494
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 20-80(b) of Division 2 Residential Parkincj Permits, of
Article IV, Stor)Din;;, Standin.q and Parkin.q, Chapter 20, Motor Vehicles and Traffic,
Code of the City of Roanoke (1979), as amended, is amended to read and provide as
follows:
Article IV. Stopping, Standing and Parking
DIVISION 2: RESIDENTIAL PARKING PERMITS
§20-80.
Permits Generally
(b) An applicant for a permit shall present his or her
motor vehicle registration(s) and operator's license
indicating residence in the designated permit area orshall
provide other documentation to sufficiently prove the
applicant's occupation ora property within the permit area
second residence"
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is dispensed with.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
495
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36424-070703.
AN ORDINANCE providing for the acquisition of property identified as
Official Tax No. 4340315, needed by the City from Stacy Tree Service, Inc., in
connection with the construction of the Roanoke Water Pollution Control Plant
("WPCP") Wet Weather Project; setting a limit on the consideration to be offered by
the City; providing for the City's acquisition of such property by condemnation,
under certain circumstances; authorizing the City to make motion for the award of
a right of entry on the parcel for the purpose of commencing the project; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. In connection with the construction of the Roanoke Water
Pollution Control Plant ("WPCP") Wet Weather Project, the City wants and needs the
property identified as Official Tax No. 4340315 from Stacy Tree Service, Inc., and
upon the terms and conditions more specifically set forth in the City Manager's letter
to this Council dated July 7, 2003. The proper City officials are authorized to acquire
for the City from the respective owner such property, for the total consideration not
to exceed $50,000. All requisite documents shall be upon form approved by the City
Attorney.
2. The City's purchase of the property bearing Official Tax No.
4340315 from Stacy Tree Service, Inc., is subject to the City being able to obtain a
satisfactory environmental assessment of the property and an acceptable title
report.
3. The City Manager is directed to offer on behalf of the City to Stacy
Tree Service, Inc., such consideration not to exceed $50,000. Upon the acceptance
of any offer and upon delivery to the City of a deed, approved as to form and
execution by the City Attorney, the Director of Finance is directed to pay the
respective consideration to the owner of the interest conveyed, certified by the City
Attorney to be entitled to the same.
496
4. Should the City be unable to agree with the owner of Official Tax
No. 4340315 regarding the fair market value for the purchase of the real estate in fee
simple which is required, the City Attorney is authorized and directed to institute
condemnation or legal proceedings to acquire for the City such property.
5. In instituting or conducting any condemnation proceeding, the
City Attorney is authorized to make motion on behalf of the City for entry of an order,
pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a
right of entry for the purpose of commencing the project. The Director of Finance,
upon request of the City Attorney, shall be authorized and directed to drawn and pay
into court the sums offered to the respective owners.
ordinance by title is hereby dispensed with.
Pursuant to §12 of the City Charter, the second reading of this
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36425-070703.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 General Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
497
Appropriations
Health and Welfare
Human Services Committee (1-49) .....................
$ 28,508,080.00
540,159.00
1) Free Clinic
2) League of Older Americans
3) Roanoke Area Ministries
4) RADAR
5) Bethany Hall
6) Council of Community Services-
Information and Referral
7) Northwest Child Development
8) Roanoke Valley Speech
and Hearing
9) TRUST
10) Inner City Athletic Association
11) West End Center For Youth
12) Adult Care Center
13) Conflict Resolution Center
14) Roanoke Adolescent
Health Partnership
15) Court Appointed
Special Advocate
16) Greenvale Nursery School
17) Blue Ridge Independent
Living Center
18) Mental Health Association
of Roanoke Valley
19) National Conference Community
and Justice
20) Southwest Virginia Second
Harvest Food Bank
21) Planned Parenthood of
Blue Ridge
22) St. John's Community
Youth Program
23) Virginia Skyline
Girl Scout Council
(001-630-5220-3721)
(001-630-5220-3722)
(001-630-5220-3723)
(001-630 -5220 -3725)
(001-630-5220-3728)
(001-630 -5220 -3732)
(001-630-5220-3734)
(001-630-5220-3738)
(001-630-5220-3740)
(001-630-5220-3744)
(001-630-5220-3745)
(001-630-5220-3746)
(001-630 -5220 -3748)
(001-630-5220-3767)
(001-630 -5220 -3775)
(001-630-5220-3780)
(001-630-5220-3781)
(001-630-5220.3784)
(001-630 -5220 -3786)
(001-630 -5220 -3788)
(001-630-5220-3795)
(001-630-5220-3797)
(001-630-5220-3798)
$ 30,000.00
29,000.00
30,000.00
20,000.00
10,000.00
13,000.00
20,000.00
3,500.00
8,000.00
4,000.00
40,000.00
7,000.00
6,000.00
10,000.00
5,000.00
10,000.00
10,000.00
2,300.00
2,000.00
15,000.00
5,000.00
5,000.00
5,000.00
498
24) Child Advocacy Center-
Family Support Program
25) Brain Injury Services of
Southwest Virginia
26) Apple Ridge Farm
27) Fifth District Employment and
Training Consortium-Homeless
Supportive Service Initiative
28) Family Service of Roanoke
Valley-Action Program
29) Family Service of Roanoke
Valley-Home Care Aide
30) Family Service of Roanoke
Valley-Family and Individual
Counseling
31) Family Service of Roanoke
Valley-Adults Plus
32) Blue Ridge Legal Services, Inc.
33) Downtown Music Lab
34) Big Brothers/Big Sisters of
Roanoke Valley-Community
Based Mentoring Program
35) Goodwill Industries
of the Valleys
36) Roanoke Valley Interfaith
Hospitality Network
37) Boys and Girls Club-
Violence Prevention
38) The Salvation Army-
Turning Point
39) The Salvaton Army-Emergency
Shelter and Transitional
Housing for Men
40) CHiP-Helpful Opportunities for
Parents to Excel (HOPE)
41) CHIP-Family Strengthening
42) CHIP-Cars Coordination
43) YMCA of Roanoke Valley-
Magic Place
(001-630-5220-3915)
(001-630-5220-3916)
(001-630-5220-3917)
(001-630-5220-3918)
(001-630-5220-3919)
(001-630 -5220 -3920)
(001-630-5220-3921)
(001-630-5220~922)
(001-630-S220-3923)
(001-630-5220-3924)
(001-630-5220-3925)
(001-630-5220-3926)
(001-630-5220-3927)
(001.630-5220-3928)
(001-630-5220-3929)
(001-630-5220-3930)
(001-630-5220-3931)
(001-630-5220~932)
(001-630-5220-3933)
(001-630-5220-3934)
5,000.00
10,000.00
7,795.00
5,000.00
3,000.00
15,000.00
10,000.00
14,500.00
3,000.00
4,000.00
3,000.00
30,000.00
5,000.00
10,000.00
14,000.00
14,000.00
5,000.00
25,000.00
22,000.00
9,000.00
499
44) YMCA of Roanoke Valley-
Homework Success and
Drop-In Summer Outreach
45) YVVCA-Therapeutic Aquatics
46) YVVCA-Child Care
47) YVVCA-Youth Club
48) Council of Community Services-
Monitoring Services
49) Subsidies
(001-630-5220-3935) $ 10,000.00
(001-630-5220-3936) 5,000.00
(001-630 -5220 -3937) 5,000.00
(001-630-5220-3938) 5,000.00
(001-630 -5220-3940)
(001-630-5220-3700)
11,064.00
(540,159.00)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of July, 2003.
No. 36426-070703.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 General Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 General Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
500 -
Appropriations
Public Safety
Police Training (1) ...............................
$ 49,717,110.00
500,356.00
Revenues
Charges for Services
Public Safety (2) .................................
11,002,015.00
2,267,350.00
1) Training and Development (001-640-3115-2044) $ 26,820.00
2) Roanoke County Police Training (001-110-1234-1461) 26,820.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of July, 2003.
No. 36427~70703.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 General, Water, Water Pollution Control, Civic Center, Department of
Technology, Fleet Management, School and School Food Services Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the
2003-2004 General, Water, Water Pollution Control, Civic Center, Department of
501
Technology, Fleet Management, School and School Food Services Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
ADDrooriations
Treasurer
Clerk of Circuit Court
Juvenile and Domestic Relations Court Services
General District Court
Commissioner of the Revenue
Jail
City Council
City Attorney
Department of Finance
Billings and Collections
Electoral Board
Office of Communications
Economic Development
Human Resources
Department of Management and Budget
E911 Center
Telecommunications
Purchasing
Director of General Services
Management Services
Custodial Services
Building Maintenance
Fire - Support
Fire - Airport Rescue
Emergency Medical Services
Transportation. Streets and Traffic
Transportation - Paving
Transportation - Snow Removal
Transportation - Street Lighting
Transportation - Engineering and Operations
Solid Waste Management
5,075.00
2,772.00
275.00
11,168.00
47.00
134,442.00
389.00
8,233.00
14,533.00
43,304.00
55.00
2,945.00
2,608.00
22,395.00
1,324.00
13,068.00
57,636.00
12.00
1,706.00
225.00
21,586.00
295,788.00
237.00
164.00
14,686.00
153,645.00
484,076.00
70,510.00
18,729.00
32,672.00
14,323.00
502
Engineering
Building Services
Neighborhood Partnership
Housing & Neighborhood Services
Parks
Recreation
Parks & Recreation - Administration
Human Services & Community Education
Social Services - Administration
Income Maintenance
Social Services - Services
Employment Services
Foster Parent Training
Comprehensive Services Act - Administration
Youth Haven
Crisis Intervention
Police - Patrol
Police - Services
Police - Training
Law Library
Libraries
Environmental Services and Emergency Management
Total Appropriations
Fund Balance
Reserve for Prior Year Encumbrances
$ 146,274.00
5,675.00
15,536.00
16,150.00
111,769.00
38,679.00
79,348.00
30,485.00
251.00
653.00
5,962.00
330.00
2,743.00
800.00
84.00
6,763.00
9,0S2.00
46,180.00
8,515.00
8,760.00
5,180.00
150.00
1,968,007.00
1,968,007.00
Water Fund
ADDro=riations
Water - Operating
Water - Pumping Stations
Water - Purification
Water - Capital Outlay
Utility Line Services
40,920.00
8,198.00
67,148.00
137,200.00
16,703.00
Total Appropriations 270,169.00
Water Pollution Control Fund
Aoorooriations
Water Pollution Control - Administration
Water Pollution Control - Maintenance
Water Pollution Control - Operations
Total Appropriations
Civic Center Fund
Aoorooriations
Operating
Capital Outlay
Total Appropriations
Department of Technology Fund
Aoorooriations
Information Technology Division
Total Appropriations
Fleet Management Fund
Aoorooriations
Operating
Capital Outlay
Total Appropriations
5O3
$ 577,361.00
22,292.00
777.00
600,430.00
12,565.00
18,744.00
31,309.00
187,216.00
187,216.00
34,035.00
1,271,460.00
1,305,495.00
504 --
SchoolFund
Appropriations
Instruction
General Support
Transportation
Operation/Maintenance of Plant
Facilities
Total Appropriations
689,522.00
59,844.00
34,116.00
162,728.00
1.673.884.00
2.620.094.0~0
Fund Balance
Reserve for Prior Year Encumbrances
2,620,094
School Food Services Fund
AporoDriations
Food Services
Facilities
1,570.00
49.000.00
Total Appropriations
50,570.00
Fund Balance
Reserve for Prior Year Encumbrances
50,570.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
505
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 2003.
No. 36428-070703.
A RESOLUTION renaming the Railside Linear Walk as the O. Winston
Link Railwalk.
WHEREAS, O. Winston Link developed a world-wide reputation for his
memorable black and white photographs of steam locomotives;
WHEREAS, O. Winston Link made numerous trips to Roanoke to
photograph the last steam railroad in the country, the Norfolk & Western Railway
Company;
WHEREAS, the world's only museum dedicated to O. Winston Link's
photographs will be in the renovated Passenger Station located in the downtown
market area;
WHEREAS, the Railside Linear Walk links the downtown market area
with the Transportation Museum via Norfolk Avenue from Third Street, S.W., to
Market Street, S.E.; and
WHEREAS, the Railside Linear Walk provides recreational opportunities
for the citizens in the Roanoke Valley to enjoy walking, jogging, bicycling and other
forms of recreation and access to the O. Winston Link museum.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The name of the Railside Linear Walk is hereby changed to the
O. Winston Link Railwalk to reflect the significant contribution of O. Winston Link's
photographs to Roanoke's culture and art.
506
2. The City Manager is requested to cause this renaming to be noted
with the installation of appropriate signs to indicate the change in the name of the
Railside Linear Walk to the O. Winston Link Railwalk.
Mary F. Parker ith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36429-072103.
A RESOLUTION memorializing the late Clare Stone White, a native of
Roanoke and a retired editor and features writer for The Roanoke Times.
WHEREAS, the members of Council learned with sorrow of the passing
of Ms. White on Thursday, May 8, 2003;
WHEREAS, Ms. White grew up in Roanoke and knew just about
everything there was to know about the valley;
WHEREAS, Ms. White graduated from Jefferson High School in 1929,
and earned a bachelor's degree in philosophy and English literature from what is
now Hollins University;
WHEREAS, after Ms. White graduated from college, she married James
Lowery White, a supervisor for Appalachian Power Company;
WHEREAS, as a young woman, Ms. White taught piano lessons, served
as president of the women's auxiliary of the Roanoke Symphony, played percussion
with the symphony and volunteered to do its public relations;
5O7
WHEREAS, in her public relations position, Ms. White worked with The
Roanoke Times writing and designing promotions for upcoming concerts, and in
1966 was offered a job as the newspaper's women's editor--a position she held until
her retirement in 1977;
WHEREAS, as women's editor for the paper, Ms. White wrote a column,
"The View From Here," and showed her love for knowledge and history through the
articles she chose;
WHEREAS, Ms. White won a number of awards for her writing and
editing, and was one of only two Landmark Communications special writers, writing
for two Norfolk papers and two Greensboro papers as well as The Roanoke Times;
WHEREAS, the Roanoke Valley Historical Society commissioned Ms.
White to write a history of Roanoke titled, "Roanoke 1740-1982," which was
published in time for the City's 1982 centennial;
WHEREAS, Ms. White volunteered her time at the History Museum
organizing tours, giving lectures, editing the newsletter and serving on the board,
and became one of only two permanent directors;
WHEREAS, Ms. White did so much work in the History Museum's library
at Center in the Square that it was named the Clare White Library;
WHEREAS, Ms. White researched and wrote four books: St. John's
Episcopal Church, William Fleminq, Patriot, a book about Green Springs, a Louisa
County town, which was not published, and the aforementioned history of Roanoke.
WHEREAS, Ms. White was an active member of the Shakespeare Club,
an elite group of women who would read plays and write about them; and
508 -
WHEREAS, Ms. White sang in the choir of St. John's Episcopal Church
for many years.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of recording its
deepest regret and sorrow at the passing of Clare Stone White, and extends to her
family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Ms. White's daughters, Martha Wiese of Lynchburg and Clare Sahling
of Hendersonville, N.C.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36430-072103.
A RESOLUTION authorizing the City Manager to apply for acceptance
into the Certified Local Government Program of the Virginia Department of Historic
Resources; and to take other related actions as necessary.
WHEREAS, the Certified Local Government Program ("CLGP") of the
Virginia Department of Historic Resources establishes a partnership between local
governments, the federal historic preservation program, and the Virginia Department
of Historic Resources ("VDHR"), to promote viable communities through
preservation, recognize and rewardcommunities with sound local preservation
programs, and to establish credentials of quality for local preservation programs;
509
WHEREAS, acceptance of the City of Roanoke in the CLGPwould make
the City eligible to apply for grants, typically on a 50/50 match basis, which can be
used for a variety of purposes;
WHEREAS, acceptance of the City of Roanoke in the CLGP would make
grant money availablefor an ongoing historic survey program in the City needed for
listing structures on the National Register of Historic Places;
WHEREAS, listing structures on the National Register of Historic Places
is an economic development and revitalization tool because rehabilitation tax credits
are available;
WHEREAS, Vision 2001-2020, the City's Comprehensive Plan, supports
the survey and recommends that the City undertake a comprehensive inventory of
historic properties and areas in the City, consider the creation of additional historic
districts, and promote local, state and federal incentives to encourage rehabilitation
of historic districts; and
WHEREAS, the City's current program meets the requirements for
becoming a Certified Local Government.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City Manager and the City Clerk, are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, the necessary
documents to apply for acceptance into the Certified Local Government Program,
as recommended in the City Manager's letter dated July 21,2003, to this Council,
and to take other related actions as necessary.
510
2. The form of all ~d..ocuments executed by the City Manager
shall be in form approved by the CEty Attorney. ~
Mary F. Par~er Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of July, 2003.
No. 36431-072103.
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 General and Grant FundsAppropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Public Safety
Outreach Detention (1) ..............................
$49,686,434.00
220,521.00
Nondepartmental
Transfer of Other Funds (2) ..........................
$73,739,633.00
71,385,002.00
511
Grant Fund
Appropriations
Health and Welfare
Juvenile Accountability Incentive Block
Grant - City FY04 (3) ................................
Juvenile Accountability Incentive Block
Grant - County FY04 (4) .............................
$4,589,165.00
38,562.00
15,319.00
Revenues
Health and Welfare
Juvenile Accountability Incentive Block
Grant - City FY04 (5-6) ..............................
Juvenile Accountability Incentive Block
Grant - County FY04 (7-8) ............................
4,589,165.00
38,562.00
15,319.00
01) Regular Employee
Salaries
02) Transfer to Grant Fund
03) Fees for Professional
Services
04) Fees for Professional
Services
05) State Grant Receipts
06) Local Match
07) State Grant Receipts
08) Local Match
(001-631-3330-1002)
(001-250-9310-9535)
(035-630-5058-2010)
(035-630-5059~010)
(035-630-5058-5058)
(035-630-5058-5059)
(035-630-5059-5060)
(035-630-5059-5061)
$(3,856.00)
3,856.00
38,562.00
15,319.00
34,706.00
3,856.00
13,787.00
1,532.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
512 "--
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36432-072103.
A RESOLUTION authorizing acceptance of a Juvenile Accountability
Incentive Block Grant from the Virginia Department of Criminal Justice Services on
behalf of the City, authorizing execution of any and all necessary documents to
comply with the terms and conditions of the grant and applicable laws, regulations,
and requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Juvenile Accountabilitylncentive Block Grant funds from the
Virginia Department of Criminal Justice Services, in the amount of $48,493.00, as set
forth in the City Manager's letter, dated July 21, 2003, to this Council are hereby
ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to
execute any and all requisite documents pertaining to the City's acceptance of these
grant funds, and to furnish such additional information as may be required in
connection with the City's acceptance of these grant funds. All documents shall be
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of July, 2003.
No. 36433-072103.
513
AN ORDINANCE to amend and reordain certain sections of the 2003-
2004Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDro~)riations
Parks, Recreation and Cultural
Challenge Grant FY04 (1) .................................
$ 245,516.00
5,000.00
Revenues
Parks, Recreation and Cultural
Challenge Grant FY04 (2) ..................................
$ 245,516.00
5,000.00
01) Subsidies
02) Challenge Grant FY04
(035-410-8738-3700)
(035-410-8738-8738)
$ 5,000.00
5,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
514
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36434-072103.
A RESOLUTION authorizing the acceptance of a Local Government
Challenge Grant from the Virginia Commission for the Arts.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke accepts a Local Government Challenge
Grant from the Virginia Commission for the Arts in the amount of $5,000.00 to be
used for funding local organizations, as more particularly set forth in the City
Manager's letter to this Council dated July 21, 2003.
2. The City Manager, or the Assistant City Manager, is hereby
authorized to execute any and all requisite documents, upon form approved by the
City Attorney, and to furnish such additional information as may be required in
connection with the City's acceptance of this grant. ~,~ ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36435~72103.
A RESOLUTION authorizing adoption of the Workforce Investment Area
III Chief Local Elected Officials Charter Agreement to replace the existing Fifth
District Employment and Training Consortium Agreement and authorizing the Mayor
to execute such Agreement, upon certain terms and conditions.
515
WHEREAS, the jurisdictional membership of the WIA has changed since
the Town of Clifton Forge joined the jurisdiction of
Alleghany County;
WHEREAS, Federal WIA regulations allow the reconfiguration of
service delivery areas to reflect and accommodate regional priorities and alliances
such as the Town of Clifton Forge joining Alleghany County; and
WHEREAS, the Workforce Investment Area III Chief Local Elected
Officials Charter Agreement would replace the FDETC agreement and reflect the
dissolution of the FDETC and the reconfiguration of service delivery areas.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that Council adopts the Workforce Investment Area III Chief Local Elected
Officials Charter Agreement and the Mayor is hereby authorized to execute any and
all requisite documents relating to the Workforce Investment Area III Chief Local
Elected Officials Charter Agreement, upon form approved by the City Attorney, as
more particularly set out in the report to the City Manager's letter to this Council
dated July 21, 2003.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
516 --
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of July, 2003.
No. 36436-072103.
AN ORDINANCE to amend and reordain certain sections of the
2003-2004 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Approoriations
Health and Welfare
Fifth District Disability - Family Services FY04 (1) ..............
Revenues
$4,550,284.00
15,000.00
Health and Welfare
Fifth District Disability - Family Services FY04 (2) ..............
4,550,284.00
15,000.00
01) Fees for Professional
Services
02) State Grant Receipts -
Family Services FY04
(035-630-5276-2010)
(035-830-5276-5276)
$15,000.00
15,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
517
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of July, 2003.
No. 36437-072103.
AN ORDINANCE to amend and reordain certain sections of the
2003-2004 School and School Capital Projects Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 School and School Capital Projects Funds Appropriations
be, and the same are hereby, amended and reordained to read as follows, in part:
SchoolFund
Appropriations
Education
Comprehensive School Reform Grant -
Huff Lane 2003-04 (1-8) ..............................
Comprehensive School Reform Grant -
Oakland 2003-04 (9-14) ...............................
Reading Program 2003-04 (15) ........................
D-Day Memorial Program 2003.2004 (16) ................
Comprehensive School Reform Grant. Noel Taylor
Learning Academy 2003-04 (17-26) .....................
Other Uses of Funds (27-28) ..........................
$137,719,181.00
75,000.00
75,000.00
110,295.00
5,000.00
50,000.00
5,261,681.00
Revenues
Education
Comprehensive School Reform Grant. Huff Lane
2003-04 (29) ........................................
Comprehensive School Reform Grant. Oakland
2003-04 (30) ........................................
Reading Program 2003-04 (31) ........................
D-Day Memorial Program 2003-04 (32) ..................
Comprehensive School Reform Grant - Noel Taylor
Learning Academy 2003-04 (33) .......................
137,719,181.00
75,000.00
75,000.00
110,295.00
5,000.00
50,000.00
518
School Capital Projects Fund
Appropriations
Education
Patrick Henry High School Project (34) .................
Revenues
Non-Operating
Transfer from School Fund (35) .........................
01) Substitutes (030-061-6113-6000-0021)
02) Micro Society Program
Coordinator
03) Social Security
04) Retirement
05) MicroSociety School
Reform Model
06) Staff Travel
07) Orchard Math
Software
08) Equipment
09) Teacher Stipends
10) Social Security
(030-061-6113-6000-0121)
(030-061-6113-6000-0201)
(030-061-6113-6000-0202)
(030-061-6113-6000-0313)
(030-061-6113-6000-0554)
(030-061-6113-6000-0615)
(030-061-6113-6000-0821 )
(030-061-6114-6000-0129)
(030-061-6114-6000-0201)
11) Contracted Professional
Development (030-061.6114-6000-0313)
12) Staff Travel
13) EveryDay Math
Materials
14) Equipment
15) Reading Material
16) Field Trips
17) Substitute Teachers
18) Teacher Stipends
19) Social Security
20) Staff Travel
21) Evaluation Services
22) Professional
Development
23) School Reform
Model
(030-061-6114-6000-0554)
(030-061-6114-6000-0614)
(030-061-6114-6000-0821)
(030-061-6612-6004-0614)
(030-062-6613-6004-0583)
(030-063-6115-6100-0021)
(030-063-6115-6100-0129)
(030-063-6115-6100-0201 )
(030-063-6115-6100-0551)
(030-063-6115-6100-0584)
(030-063-6115-6100-0585)
(030-063-6115-6100-0586)
$25,017,418.00
650,000.00
650,000.00
650,000.00
$1,000.00
20,000.00
1,484.00
124.00
36,000.00
3,000.00
5,500.00
7,892.00
31,750.00
2,430.00
7,000.00
1,000.00
22,100.00
10,720.00
110,295.00
5,000.00
9,600.00
2,787.00
213.00
2,500.00
3,775.00
14,000.00
10,625.00
519
24) Other Charges
25) Administrative
Supplies
26) Instructional
Supplies
27) Interest
(030-063-6115-6100-0587)
(030-063-6115-6100-0601)
(030-063-6115-6100-0614)
(030-065-6007-6998-0902)
28)Transferto School Capital
(030-065-6007.6999~531)
Projects Fund
29) Federal Grant
Receipts
30) Federal Grant
Receipts
31) Donations
32) Donations
33) Federal Grant
Receipts
(030-061-6113-1102)
(030-061-6114-1102)
(030-061-6612-1103)
(030-062-6613-1103)
(030-063-6115-1102)
34) Appropriated from General
Revenue (031-065-6066-6896-9003)
35) Transfer from
School Fund (031-060-6066-1127)
$ 1,500.00
1,500.00
3,500.00
(400,000.00)
400,000.00
75,000.00
75,000.00
110,295.00
5,000.00
50,000.00
400,000.00
400,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
mit~~h'~~
Mayor
52O
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36438-072103.
AN ORDINANCE accepting the bid of Warehouse Row, L.P., and
authorizing a second amendment and the extension of an existing lease between the
City of Roanoke and Warehouse Row, L.P., for the lease of property known as the
Warehouse Row Buildings located at 117 and 119 Norfolk Avenue, SW, (the
"Property"); authorizing the City Manager to execute such second amendment and
lease extension; and dispensing with the second reading by title of this ordinance.
WHEREAS, the original lease with Warehouse Row, L.P., was authorized
by Ordinance No. 36046-081902 for a forty-year term beginning September 1, 2002,
together with the first amendment dated May 20, 2003, to such lease agreement
(both hereafter referred to as "lease" or "lease agreement"); and
WHEREAS, financing for the renovation requires a lease greater than
39t/2 years from the time the renovation is completed; and
WHEREAS, the City has, by advertisement published once a week for
two consecutive weeks in a paper of general circulation published in the City,
publicly invited bids for the extension of the lease for the Property; and
WHEREAS, one bid for the lease extension was received and was
publicly opened at the City Council meeting held on July 21, 2003; and
WHEREAS, City Council held a public hearing on such matter at its
meeting on Monday, July 21, 2003, at which time all persons were accorded a full
and fair opportunity to comment on such matter; and
WHEREAS, the bid of Warehouse Row, L.P., to extend theexisting lease
of the Property so that it will have a term of forty (40) years, commencing on July25,
2003, and to be otherwise upon the same termsand conditions of the existing lease
between the City of Roanoke and Warehouse Row, L.P., was deemed the most
responsive and responsible bid made to the City for the extension of such lease.
521
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The bid of Warehouse Row, L.P., to extend the lease of the Property
so that it will have a term of 40 years commencing on July 25,2003, is hereby
ACCEPTED, with the other terms of the existing lease to remain in full force and
effect.
2. The City Manager and City Clerk are hereby authorized, for and on
behalf of the City, to execute asecond amendment and lease extension between the
City and Warehouse Row, L.P., for the Property, to be in a form approved by the City
Attorney, and the City Manager is authorized to take such further action as may be
needed to accomplish such extension, all as set forth in the City Manager's letter to
Council dated July 21, 2003.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
4. The City Clerk is directed to forward an attested copy of this
ordinance to Warehouse Row, L.P.
APPROVED ~~
Ma~ F. P~ar er~' ~-~{'4~ Ralph K. Smith
City Clerk Mayor
522
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36439-072103.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned from C-2, General Commercial District, to
LM, Light Manufacturing District; and dispensing with the second reading by title of
this ordinance.
WHEREAS, HASI Partnership filed an application to the Council of the
City of Roanoke to amend certain conditions presently binding upon a tract of land
located at 3342 Melrose Avenue, N.W., being further identified as Official Tax No.
2660417, which property was previously conditionally rezoned by Ordinance No.
30040, adopted May 21, 1990; which proffers were repealed, and the property was
made subject to new proffers, by the adoption of Ordinance No. 31443, adopted
May 17, 1993.
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on such
application at its meeting on July 21, 2003, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the conditions now binding upon the above-described property should
be amended as requested.
523
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Ordinance No. 31443, adopted May 17, 1993, be repealed;
2. Sections36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be
amended to reflect the proffered conditions as shown in the Second Amended
Petition to Amend Proffers filed in the City Clerk's Office on June 26, 2003, and as
set forth in the report of the Planning Commission dated July 21,2003, and Official
Tax No. 2660417 be made subject to the proffered conditions set forth in the Second
Amended Petition to Amend Proffers filed in the City Clerk's Office on June 26, 2003;
and
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36440-072103.
AN ORDINANCE granting a revocable license to permit the
encroachment of twomodular news racksextending approximately two (2) feetonto
the sidewalk of Franklin Road and two modular news racks extending approximately
two (2) feet onto the sidewalk of Market Square, S.E., upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
524
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Permission is hereby granted Downtown Roanoke, Inc. ("Licensee"),
to permit the encroachment of two modular newe racksextending approximately two
(2) feet onto the sidewalk of Franklin Roadand two modularnews racks extending
approximately two (2) feet onto the sidewalk of Market Square, S.E., as more fully
described in a letter of the City Manager to City Council dated July 21, 2003.
2. Such license, granted pursuant to '15.2-2010, Code of Virginia (1950),
as amended, shall be revocable at the pleasure of the Council of the City of Roanoke
and subject to all the limitations contained in §15.2-2009.
3. It shall be agreed by the Licensee that, in maintaining such
encroachment, the Licensee and its grantees, assignees, or successors in interest
shall agree to indemnify and save harmless the City of Roanoke, its officials, officers
and employees from all claims for injuries or damages to persons or property that
may arise by reason of the above-described encroachment in the public right-of-way.
4. The Licensee, its grantors, assigns or successor in interest shall
for the duration of this license maintain on file with the City Clerk's Office evidence
of insurance coverage in an amount not less than $1,000,000.00. This insurance
requirement may be met by either homeowner=s insurance or commercial general
liability insurance. The certificate of insurance must list the City of Roanoke, its
officers, employees, agents and volunteers as additional insureds, and an
endorsement by the insurance company naming the City as an additional insured
must be received within thirty (30) days. The certificate shall state that such
insurance may not be canceled or materially altered without thirty (30) days written
advance notice of such cancellation or alteration being provided to the Risk
Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance to
Downtown Roanoke, Inc., 213 Market Street, S.E., Roanoke, Virginia 24011.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted
to record, at the cost of the Licensee, in the Clerk=s Office of the Circuit Court for
the City of Roanoke and shall remain in effect only so long as a valid, current
certificate evidencing the insurance required in Paragraph 4 above is on file in the
Office of the City Clerk.
525
7 Pursuant to the provisions of §12 of the City Charter. the second , //
reading of thi~ ordinance by title is hereby dispensed with. .~/'/
Mary F. Parker / Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of July, 2003.
No. 36441-072103.
AN ORDINANCE authorizing the proper City officials to enter into a
Lease Agreement between the City and Nextel WIP Lease Corp., a Delaware
corporation, d/b/a Nextel Partners, for use of a portion of a City owned water tank
and the site on which it sits, which is located in the area of 4500 Franklin Road S.W.,
at the end of Summit Way Drive, S.W.,Tax Map No. 5380121, known as the Summit
Water Tank, and which will provide that Nextel Partners will use such area for the
placement, operation, and maintenance of personal communication system
antennas and related equipment, upon certain terms and conditions; authorizing the
City Manager to take such further action and execute such additional documents as
may be necessary to implement and administer such Lease Agreement; and
dispensing with the second reading by title of this ordinance.
WHEREAS, the Council of the City of Roanoke has held a public
hearing on this matter, after proper advertisement as are required by §15.2-1800,
etseq., Code of Virginia (1950), as amended.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the City
Attorney, a Lease Agreement between the City and Nextel WIP Lease Corp., a
Delaware corporation, d/b/a Nextel Partners, for the use of a portion of a City owned
water tank known as the Summit Water Tank, and the site upon which it is located,
526
which is located in the area of 4500 Franklin Road, S. W., at the end of Summit Way
Drive, S. W., Tax Map No. 5380121, with such use being for the placement, operation,
and maintenance of personal communication system antennas and related
equipment for a period to commence on August 1,2003, and to run through July 31,
2007, with up to two five-year renewals upon mutual agreement of the parties and
with a rental rate per month as follows:
$1,325.00/month from August 1, 2003, through December 31,
2003;
$1,550.00/month from January 1, 2004, through December 31,
2004;
$1,675.00/month from January 1, 2005, through July 31,2007;
and upon such other terms and conditions as may be deemed appropriate by the
City Manager, as more particularly set forth in the City Manager's letter to City
Council dated July 21, 2003.
2. The City Manager is authorized take such further actions and
execute such additional documents as may be necessary to implement and
administer such Lease Agreement.
3. Pursuant to Se.ction 12 of the City Charter, the second reading of / /
this ordinance by title is hereby dispensed with. _ ///
_
Mary F. Parker / Ralph K. Smith
City Clerk Mayor