HomeMy WebLinkAboutCouncil Actions 04-04-94
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31941
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
April 4, 1994
2:00 p.m.
AGENDA FOR THE COUNCIL
1. Call to Order - Roll Call. Council Member McCadden
was absent.
The Invocation was delivered .py The Honorable David A. Bowers.
The Pledge of Allegiance to the Hag of the United States of America
will be led by The Honorable W. Alvin Hudson, City Sheriff.
Welcome. Mayor Bowers.
Selection of persons to be accorded the public interview for the
position of School Board Trustee, said interviews to be held on Thursday,
April 21, 1994, at 6:00 p.m., in the City Council Chamber. Applicants are:
James P. Beatty
Marilyn L. Curtis
Marsha W. Ellison
M. Wendy O'Neil
R. Douglas Ross
John H. Saunders
1
A communication from R. Douglas Ross withdrawing his application
for appointment to the Roanoke City School Board.
Received and filed the communication from Dr. Ross, and the remaining
applications were forwarded to the Selection Process.
2.
CONSENT AGENDA
(APPROVED 6-0)
ALL MA TIERS LISTED UNDER TIlE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY TIlE MAYOR AND
MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION IN TIlE FORM, OR FORMS, LISTED BELOW.
TIlERE WILL BE NO SEPARATE DISCUSSION OF TIlE ITEMS.
IF DISCUSSION IS DESIRED, TIlE ITEM WILL BE REMOVED
FROM TIlE CONSENT AGENDA AND CONSIDERED
SEPARATELY.
C-1 A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(l), Code of Virginia
(1950), as amended.
C-2 A report of the City Attorney requesting an Executive Session to
discuss specific legal matters requiring provision of legal advice by counsel,
being the terms and conditions of an agreement relating to proposed road and
infrastructure improvements in connection with certain potential development
within the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended.
2
RECOMMENDED ACTION: Concur in request for Council to convene in
Executive Session to discuss specific legal
matters requiring provision of legal advice by
counsel, being the terms and conditions of
an agreement relating to proposed road and
infrastructure improvements in connection
with certain potential development within the
City, pursuant to Section 2.1-344 (A)(7),
Code of Virginia (1950), as amended.
C-3 A communication from Mayor David A. Bowers transmitting
newspaper articles from the Raleigh News & Observer, concerning a proposal
to merge the City of Durham and the County of Durham, North Carolina.
RECOMMENDED ACTION: Receive and file.
C-4 Minutes of the meeting of the Audit Committee of Roanoke City
Council held on Monday, March 21, 1994.
RECOMMENDED ACTION: Receive and file.
C-5 An Annual Report of the Board of Zoning Appeals for the year 1993.
RECOMMENDED ACTION: Receive and file.
C-6 A communication from Alton B. Prillaman, Secretary, Roanoke City
Electoral Board, requesting that Council schedule a public hearing for
Monday, May 9, 1994, on the temporary relocation of the polling place for
Raleigh Court No. 5 precinct.
RECOMMENDED ACTION: Concur in request and schedule a public
hearing for Monday, May 9, 1994, at
7:30 p.m., or as soon thereafter as the matter
may be heard.
C-7 A status report of the City Manager with regard to Henry Street
Redevelopment Plans.
RECOMMENDED ACTION: Receive and file.
3
C-8 A report of the City Manager with regard to the feasibility of relocating
overhead utility wires to underground service.
RECOMMENDED ACTION: Receive and file.
C-9 Qualification of J. Granger Macfarlane as a member of the Economic
Development Commission for a term ending June 30, 1996.
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MA TfERS:
None.
4. PETITIONS AND COMMUNICATIONS: None.
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
1. A report with regard to Roanoke Civic Center staff efforts which
were required in order to support a busy and successful year of
entertainment. (6 minutes)
Received and filed.
ITEMS RECOMMENDED FOR ACTION:
2. A report recommending appropriation of $262,133.00 to cover
the cost of additional operational expenses for the Roanoke Civic
Center.
Adopted Budget Ordinance No. 31941-{)4()494. (6-0)
4
3. A report recommending acceptance of funds from the
Department of Criminal Justice Services, Forfeited Asset Sharing
Program; and appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 31942-{)4()494. (6-0)
4. A report recommending execution of a Regional Compact
between the City of Roanoke, County of Roanoke, City of
Salem and Town of Vinton relating to inter-jurisdictional
enforcement of vehicle decal ordinances; and adoption of
appropriate measures amending the City Code.
Adopted Ordinance No. 31943 on first reading. (6-0)
5. A report recommending an amendment to the Community
Development Block Grant Statement of Objectives, and
execution of a contract for professional services related to the
Enterprise Communities Program.
Adopted Resolution No. 3I944-{)4()494. (6-0)
6. REPORTS OF COMMITTEES:
a. A report of the Water Resources Committee recommending execution
of a sub-lease agreement with the Jefferson Center Foundation for
2,003 square feet of office space in the Jefferson Center for the Office
on Youth and Office of Grants Compliance. Council Member
Elizabeth T. Bowles, Chairperson.
Adopted Ordinance No. 3I945-{)4()494. (6-0)
7. UNFINISHED BUSINESS: None.
5
8. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A Resolution memorializing the late Mrs. Nell Myree Coleman Irvin.
Adopted Resolution No. 31946--040494. (6-0)
9. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City
Council.
b. Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHER HEARINGS OF CITIZENS: None.
CERTIFICATION OF EXECUTIVE SESSION. (6-0)
Reappointed James G. Harvey, IT, as a Commissioner of the Hotel Roanoke
Conference Center Commission.
6
MARy F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S. W., Room 4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
DePUty City Clerk
April 7, 1994
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
The following School Board interviews have been scheduled for Thursday, April 21,
1994, in the City Council Chamber:
6:00 p.m. - MarSha W. Ellison
6:30 p.m. - John H. Saunders
7:00 p.m. - James P. Beatty
7:30 p.m. - Marilyn L. Curtis
8:00 p.m. - M. Wendy O'Neil
With warmest personal regards, I am
Sincerely,
MFP:sm
""~
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
MARY F. PARKER
City Clerk
SANDRA H. EAKIN
Deputy City Qerk
March 31, 1994
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
As you know, the three year terms of Marilyn L. Curtis, M. Wendy O'Neil and
James M. Turner, Jr., as Trustees of the Roanoke City School Board will expire on
June 30, 1994.
Section 9-20, Selection of Candidates for Public Interview, of the Code of the City
of Roanoke (1979), as amended, provides that on or before April 20, Council shaH,
by public vote, select from the field of candidates those candidates to be accorded
the public interview for the position of School Board Trustee and aH other candidates
shaH be eliminated from the selection process. The number of candidates to be
granted the interview shaH not exceed three times the numbeS..9f.PJll>uions.availah1e
on the School Board, should there be SOiiiahy"cariaraates:-n.".-
Applicants for the three upcoming vacancies are:
James P. Beatty
Marilyn L. Curtis
Marsha W. Ellison
M. Wendy O'Neil
Robert D. Ross
John H. Saunders
With kindest personal regards, I am
::e~J p~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room 4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
MARY F. PARKER
City Oerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #467
R. Douglas Ross, D.D.S.
1602 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Dr. Ross:
Your communication withdrawing your application for appointment to the Roanoke
City School Board, was before the Council of the City of Roanoke at a regular
meeting held on Monday, April 4, 1994.
On motion, duly seconded and adopted, your communication was received and filed.
The Members of Council requested that I express appreciation for your interest in
serving the City of Roanoke.
Sincerely, K
~ -j, ~
Mary ~rker, CMC/AAE
City Clerk
MFP: sm
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TELEPHONE
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W.. Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
DAVID A. BOWERS
Mayor
April 4, 1994
The Honorable Members of the
Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(l), Code of Virginia (1950), as amended.
Sincerely,
~~g~
Mayor
DAB; se
CITY OF ROANOKE I!T'"
OFFICE OF CITY ATTORNEY '94
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE. VIRGINIA 24011-1595
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TELEPHONE: 703-981-2431
TELECOPIER; 703-224-3071
W1UIAM X. PARSONS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
GLADYS L. YATES
ASSISTANT CITY ATTORNEYS
WILBURN C. DIBLlNG, JR.
CITY ATTORNEY
April 4, 1994
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mrs. Bowles and Gentlemen:
This is to request the Council convene in Executive Session to
discuss specific legal matters requiring the provision of legal
advice by counsel being the terms and conditions of an agreement
relating to proposed road and infrastructure improvements in
connection with certain potential development wi thin the City
pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely
WCD/lsc
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
Phillip F. Sparks, Director of Economic Development
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, SW., Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
DAVID A. BOWERS
Mayor
March 30, 1994
The Honorable Members of
Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Just recently, I sent you news articles about South Boston winning the law suit in
the Virginia Supreme Court to decertify its status as a City and resume town status
with the right of annexation. Earlier this year, I sent you several articles from the
Richmond Times-Dispatch outlining that newspaper's concern about the "worsening
crisis" in Virginia's cities. I have spoken with Mayors in Charlottesville, Richmond,
Norfolk, and Hampton, and we all seem to have a similar plight.
On my recent visit to the bustling metropolitan area of Raleigh/Durham, North
Carolina, (it appeared that it really is "booming economically" down there!), my
brother provided me with the enclosed articles from the Raleil!;h News & Observer
about the proposal to merge the City of Durham and Durham County.
As you can see, in other localities, concerned citizens are joining together
cooperatively to restructure their local governments for the economic good of the
entire community. Heaven only knows when that sentiment will arrive in our
wonderful community.
I would respectfully request that this correspondence, along with the newspaper
articles, be placed on the Consent Agenda for the regular meeting of Council on
April 4, 1994, and thereafter be received and filed.
;i)~Q~
David A. Bowers
Mayor
DAB: jas
Enclosures
Government
..-~
, .
. .
merger gaining
steam in Durham
The mayor and the chairman
of the county commissioners
announce a task force to
come up with a plan for
electing a merged
government.
By CRAIG WHITLOCK
STAFF WRITER
DURHAM - City Hall's days may
be numbered.
The movement to merge Dur-
ham's city and eouaty govern-
ments, long a distant prospect, is
picking up momentum. Although
obstacles remain, it now appears
voters could face a referendum on
the issue within a year or two.
A big step was taken Monday,
when Mayor Sylvia Kerckhoff and
county commissioners' Chairman
William Bell launched a task force
to draft a plan for electing an
entirely new government.
To give added luster to the task
force, Bell and Kerckhoff named
two civic heavyweights to lead it:
N.C. Central University Chancel-
lor Julius Chambers and William
Burns. chairman of CCB Finan-
cial Corp.
The task force is charged with
coming up with a propolal that
would address the most vexing
question about merger: Wbo will
run the new government and how
will those officials be chosen?
A new government would un-
doubtedly be run by fewer leaders
than the current roster of elected
officials: 13 City Council mem-
bers and five county commission-
ers. But beyond that, It's any.
body's guess.
The debate. however, is likely to
be contentious. with Durham's
many political factions struggling
to gain an advantage. As a result,
Bell and Kerckhoff said they want
to try to settle the political ques-
tion first, before addressing the
technical aspects.
"If the community can agree on
the structure of the new govern-
ment and on how the governing
body is to be elected, the remain-
ing tasks are relatively simple."
Bell and Kerckhoff said in a joint
.
.......
h."
statement at a news conference at
City Hall.
Although merger now appears,.
on a fast track, it is by no means a.,
done deal. The task force is
scheduled to report by September.
If council members and commis-
sioners like what the report says,
they could then appoint a charter
commission to write a specific
framework for the new govern-
ment.
The charter would have to be
approved both by the General
Assembly and by voters in a
referendum.
With only one incorporated mu.
nicipality in the county, Durham' .
is especially conducive to a single
government. Moreover, 75 per-
cent of the population already'
lives within the city limits. ","
Until now, city and county lead,
ers have followed a strategy of.
merging gradually. In recent
years, they have combined the
city and county tax offices, plan-
ning departments and inspection
agencies. And they are close to
merging the police and sheriff's
departments.
The creation of the task force
reflects a shift in thinking. The
time is right. supporters said, tq
move ahead with a complete
merger.
The process has moved so fast
that it bypassed the usual ChlW
nels. Neither the City Council nor
the county commissioners has
formally voted to create the task
forCe.
Kerckhoff and Bell said they
have the backing of their respec-
tive boards, and several City
Council members attended the
news conference to show their
support.
Two commissioners, however,
said they weren't consulted be-.
forehand and are concerned that'
the issue is moving too quickly. .
Becky Heron, vice chairman of
the commissioners. and Commis-
sioner Ellen Reckhow said they
knew nothing about the task force.
Heron questioned whether resi-
dents are ready for another merg-
er debate so soon after the fight
over school consolidation.
.. .. ...
~ .
Durham leaders
, '
to announce
full merger plan
Mayor Sylvia KerckhoH and
Commissioners' Chairman
William Bell will propose an
eHort to create a joint
dty-county government.
By CRAIG WHITLOCK
STAFF Wl!ITER
DURHAM - Durham's two most
influential politicians have called
" news conference for today to
announce a new effort to merge
the city and county governments.
Mayor Sylvia Kerckhoff and
William Bell, chairman of the
county commissioners. are sched-
uled to announce their plan at
11: 30 a.m. at City Hall,
Although they declined to give
details. Bell said their proposal is
an attempt to accelerate a total
merger of the two governments.
"We're definitely talking about
a full merger," he said Friday.
Bell also said he and Kerckhoff
would announce the names of two
"prominent" people who will
serve as co-chairmen of a task
force that will look at "certain
aspects of overall government
merger."
Durham officials have consid-
. ered combining the city and coun.
ty governments for decades but
have long been stymied by vari-
ous political roadblocks. Voters
rejected merger in referendums
in 1961 and 1974.
But the idea has received re-
. newed attention in recent years.
Durham is more conducive to
merger than most counties be-
cause Durham County contains
only one incorporated city. Also,
75 percent of the county's popula-
tion lives in the city,
One big hurdle to merger was
removed in 1992 when the city and
county school systems were con-
solidated. The separate school
systems had been a side issue that
~
Bell
Kerckhoff
heavily influenced past debates
over merging the two govern-
ments.
The council and commissioners
have taken a step-by-step ap-
proach toward merger recently.
In the past five years, they have
combined their planning, tax and
inspections departments.
They are also working on a plan
to combine the police and sheriff's
departments by July I. although
they haven't given final approval
yet.
The joint announcement by BeU
and Kerckhoff indicates that polit-
ical sentiment for a complete
merger may be growing. In the
past. Bell has said he preferred
combining as many individual
departments as possible before
tackling the messy question of
how many people would be elected
to run a new government.
Under state law. cities and
counties seeking to merge must
create a charter commission to
write a framework for a new
government. The charter would
need to be approved by both the
voters and the General Assembly.
It.s unclear whether BeU and
Kerckhoff are preparing to launch
a charter commission. But the
idea has been gathering momen-
tum. Last June, the Greater Dur-
ham Chamber of Commerce for-
mally asked city and county offi-
CIals to create a charter commis-
sion.
.,
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAYBE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
(' iT ',I
,.,11 :
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
'94 [fiR 24 P3:17
TO: Mary F. Parker, City Clerk
FROM: Martha P. F~;r.-Secretary, Board of Zoning Appeals
DATE: 3/23/94
SUBJECT: Annual Report - Board of Zoning Appeals
Attached please find 17+ the original copy of the above-reference report. This may be
forwarded to City Council at your convenience, as it is for Council's information only.
Please give me a call if you have questions (2344). Thanks.
/f
attachments
The Annual Report for the Board o~ Zoning Appeals for the year
1993 is submitted herewith.
PURPOSE
The Board of zoning Appeals has been appointed by City Council as
a board of appeals to act as a discretionary administrative body,
and may act on (1) an interpretation of the zoning ordinance; (2)
a request for a special exception; (3) a request for a variance
from the terms of the zoning ordinance.
PERSONNEL OF BOARD
The following served as members of the Board:
Mr. L. Elwood Norris, Chairman
Mr. T. E. Roberts, Vice Chairman
Mr. W. L. Wheaton
Mr. Richard A. Rife
Mr. Robert R. copty
The following city staff serve the Board:
Evelyn D. Dorsey, Acting Zoning Administrator
Martha P. Franklin, Secretary, Board of Zoning Appeals
Sherry Christensen, Administrative Secretary
MEETINGS AND PUBLIC HEARINGS
The Board held twelve (12) meetings during the year for the purpose
of conducting business of the Board and holding public hearings to
decide appeals from the decision of the Zoning Administrator and
applications for special exceptions and variances.
One hundred seven (107) applications were filed with the Board
during the year.
In accordance with State law, public hearings were advertised in a
local newspaper once a week for two consecutive weeks not less than
six days nor more than twenty-one days prior to the public hearing
date. Notices of public hearings were sent by first-class mail to
owners of all abutting properties and properties immediately across
the street or road from any property in question.
ATTENDANCE RECORDS FOR BOARD MEMBERS
MEETINGS ATTENDED
MEETINGS ABSENT
MEMBERS
L. Elwood Norris
T. E. Roberts
W. L. Wheaton
Richard A. Rife
Robert R. Copty
10
12
11
11
12
2
o
1
1
o
DISPOSITION OF APPEALS
Variances granted................................61
Variances denied................................. 0
Variances Withdrawn.............................. 0
Variances Pending................................ 0
special Exceptions Granted.......................43
special Exceptions Denied. ...................... 0
special Exceptions Withdrawn..................... 0
Interpretation of Sections of Zoning Code........ 3
TOTAL NUMBER OF APPEALS........................ .107
APPEALS TO COURT OF RECORD
None.
Respectfully submitted,
~h~ I c7va-dJ~
Martha P. Franklin
Secretary
.
MINUTES OF THE AUDIT COMMITTEE,Qf,~Q~OKE CITY COUNCIL
: '~r,' , -
March 2F,'! 1994
1. Call to order:
'94 I'P 30 /I! 1 ::")
The meeting of the Roanoke City Audit Committee was called to
order at 1:02 p.m. on March 21, 1994, with Chairman, William
White, Sr., presiding.
. The roll was called by Mrs. Barger
Audit Committee
Members Present:
William White, Sr., Chairman
Mayor David A. Bowers
John S. Edwards
Delvis O. McCadden
others Present:
Robert H. Bird, Municipal Auditor
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Marsha C. Fielder, Commissioner of Revenue
George C. Snead, Jr., Director of Public Safety
William F. Clark, Director of Public Works
Ronald H. Miller, Building Commissioner
Evelyn W. Barger, Administrative Assistant
Thomas F. Baldwin, Assistant Municipal Auditor
Denise E. Stewart, Auditor
2. EXTERNAL AUDITS:
A. Sheriff's Canteen Fund
B. Jail Inmate Fund
The motion was made by Mayor Bowers and seconded by Mr.
McCadden to receive and file the Sheriff's Canteen Fund
report and the Jail Inmate Fund report. The motion was
approved unanimously.
Mr. White recognized Mr. Bird for comments. Mr. Bird
informed the committee that,the Sheriff has requested the
City's Information Systems department to look at hardware
and software for his department. All committee members were
in favor of these two systems being automated.
3. INTERNAL AUDITS:
A. Control Evaluations
. Vice Bureau Funds
. Police Property Room
The motion was made by Mr McCadden and seconded by Mayor
Bowers to receive and file the Vice Bureau Funds and Police
Property Room audit report. The motion was approved
unanimously.
~
Audit Committee Minutes
Page 2
March 21, 1994
Mr. White recognized Mr. Bird for comments. Mr. Bird
informed the committee that the vice Bureau Funds audit is
performed annually at the request of Chief Hooper. The
Police Property Room procedures were reviewed at the request
of the Director of Public Safety. Mr. White asked if there
were limitations on amount of funds being distributed at one
time. Mr. Bird informed the committee that any check
written over $500 had to be approved by Chief Hooper.
B. Substantive Testing - Building Permits and Inspections
The motion was made by Mayor Bowers and seconded by Mr.
McCadden to receive and file the Substantive Testing _
Building Permits and Inspections audit report. The motion
was approved unanimously.
Mr. White recognized Mr. Bird for comments. Mr. Bird
reported to the committee that internal controls were still
not working in this area; however, management has formed a
task force to review the development procedures and
recommend improvements. Mr. Ritchie commented that they
have the right people working on this and expect to see
substantial improvements over the next year.
4. UNFINISHED BUSINESS:
city-Wide Administrative Procedures
Mr. Bird reported that we now have a draft of the city-Wide
Administrative Procedures manual. Management Services will
publish and distribute to City departments on July 1, 1994.
5. NEW BUSINESS:
Records Retention Disaster Recovery Training
Mr. Bird reported to the committee that as a part of our
audits, we look at records retention. Evelyn Barger
attended a training session in Richmond on Records Retention
and recommended that the City provide training to all
departments. The Virginia State Library staff will be in
Roanoke to provide training on May 10-11. Each department
manager and/or a departmental records coordinator will be
asked to attend the training. We have also invited Roanoke
City School personnel to participate in this training.
...
Audit committee Minutes
Page 3
March 21, 1994
6. ADJOURNMENT:
There being no further business, the meeting adjourned at
1:40 p.m.
W~W~!
William White, Sr., Chairman
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
MARY F. PARKER
City Clerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #40-467
Alton B. Prillaman, Secretary
Roanoke City Electoral Board
Roanoke, Virginia
Dear Mr. Prillaman:
Your communication requesting that Council schedule a public hearing for Monday,
May 9, 1994, on the temporary relocation of the polling place for Raleigh Court No.5
Precinct, was before the Council of the City of Roanoke at a regular meeting held on
Monday, April 4, 1994.
On motion, duly seconded and adopted, Council concurred in the request and
scheduled a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber.
;:~~4 -P~
Mary F. Parker, CMC/ AAE
City Clerk
MFP:sm
pc: Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson
Avenue, N. W., Roanoke, Virginia 24012
E. Wayne Harris, Superintendent of Roanoke City Public Schools
June S. Nolley, Clerk of the Roanoke City School Board
Richard L. Kelley, Executive for Business Affairs, Roanoke City Public
Schools
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Shelva S. Painter, City Registrar
lir'
'94 {[';l-1
\)1')'.1"
I' .:__
April 4, 1994
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, Virginia 24011
Dear Mayor Bowers and Members of Council:
Subject: Status of the Henry Street Redevelopment Plans
At its meeting on March 21, 1994, City Council requested that
the City Manager report in two weeks on the status of the earlier
loan that was made to Total Action Against Poverty. In response,
the following information is provided.
· In the FY 1989-90 Community Development Block Grant Fund
Budget, City Council approved $200.000 to be used for improvements
on Henrv Street.
· Total Action Aaainst Poverty proposed a project in 1990 to
revitalize a historical building on Henry Street to become the
Henry Street Music Center. During the renovation, TAP ran into
some unexpected asbestos removal problems.
· Februarv 9. 1990. upon City Council authorization, the city
and TAP entered into an agreement by which the city would make an
unsecure loan from Community Development Block Funds to TAP in the
amount of $212,000 for a period of two years. Because it was
determined that the Henry Street improvement funding would not be
needed in the near future, the funds for the Henry Street project
was taken from that source with the knowledge and agreement of the
Henry Street Revival Committee.
· At the end of a two-year period, TAP requested that the
city either foraive the loan or extend the loan.
· On March 9. 1992. Council authorized a five-year extension
to the loan to be evidenced by a note and secured by a deed of
trust. This also provided that no interest would be charged and
the note would be due and payable on February 9, 1997.
· The Henrv Street Revival Committee is now ready to proceed
with some planning and street improvements to First Street, N.W.
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
April 4, 1994
Page Two
. A formal proposal has been made to the 1994-95 Community
Development Block Grant program for $200,000 to start the improve-
ment process on Henry Street. A recommendation concerning this
request will be forwarded to City Council along with the remainder
of the Community Development Block Grant Budget within the next
four weeks.
Even if the request for the full $200,000 cannot be recommend-
ed in this year's Community Development Block Grant Budget, we
should fully fund the request over the next two years. We believe
the city has a commitment to work with the Henry Street Revival
Committee to provide all the assistance possible to complete that
project in a systematic and reasonable manner.
Respectfully submitted,
LJ.W JLd-
W. Robert Herbert
City Manager
WRH:mp
cc: James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Noel C. Taylor, Chairman, Henry Street Revival Committee
Ted Edlich, Executive Director, Total Action Against Poverty
Glenn D. Radcliffe, Director of Human Development
George C. Snead, Director of Public Safety
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
Charles A. Harlow, Acting Grants Monitoring Administrator
Members of Community Development Block Grants Committee
liT '/
'94 IP 30 ! '1
April 4, 1994
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
Subject: Underground Utility Services
At recent City Council meetings there has been discussion of
the desirability of relocating overhead utility wires to
underground service as a means of reducing the impacts from ice
and wind storms. At your meeting on March 7, 1994, Council
requested the City administration to investigate this matter and
report as to our findings.
Enclosed is a letter dated March 18, 1994, which I have
received from Mr. J. T. Eaton, Division Manager for Appalachian
Power Company, in response to my inquiry concerning this subject.
Mr. Eaton advises that Appalachian Power does not consider it
practical or economically feasible to initiate a program of major
undergrounding of power lines.
RL3~fw~
W. Robert Herbert
City Manager
WRH:WFC:pr
Enclosure
cc: Ms. Mary F. Parker, City Clerk
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Director of Finance
Aptlalachian Power Compan,
PO Box 2021
Roanoke, VA 24022-2121
703 985 2300
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March 18, 1994
Mr. W. Robert Herbert
City Manager of Roanoke
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear Bob:
Mr. Vipperman and I have discussed your letter of March 8, 1994, and he requested
that I respond to your thou9hts and concerns. First let me thank you for your
personal comment concerning the performance of our employees during the recent
unprecedented series of storms. I certainly share your feeling that their performance
was outstanding, but it is good to know that others recognize that to be the case.
This is particularly true coming from someone who also has to deal with problems
very similar to those we face in maintaining and restoring service.
In regard to the questions presented as to the cost effectiveness of undergrounding
power lines, I must say that underground is not economically feasible except in very
limited circumstances.
Our actual experience in the installation of underground facilities indicates
underground system costs of approximately two to three times that of equivalent
overhead facilities. (Cable installed underground must not only be heavily insulated,
but it has to be much larger than equivalent overhead because of reduced heat
dissipation capability.) As I am sure you are aware, we are currently installing
underground facilities in new installations when requested in accordance with our
Virginia SCC-approved underground plan. This plan is predicated on the developer
or owner of the property to be served paying a significant portion of the cost
difference between overhead and underground. The greatest application of this plan
is in new subdivisions where the developer can include the extra cost for
underground in the price of the lot.
This extra cost exists in the new subdivisions even though:
(a) The developer provides the right-of-way, clears it of trees and other
obstructions, and grades it to within a few inches of final grade, all at his cost
prior to the underground cable being installed.
(b) The underground cables used in subdivisions are direct buried without conduit.
This is acceptable for subdivisions with limited traffic and specified public
utility easement areas. This type of installation would not be acceptable for
main-line circuits and more expensive conduit systems would be necessary.
Mr. W. Robert Herbert
March 18, 1994
Page 2
(c) The ability to plan the underground system for a new subdivision to provide a
loop feed with a minimum of extra cable results in the most economical,
operable system possible. Undergrounding systems outside of subdivisions will
generally require considerable additional construction to develop the required
loop system. (The need to de-energize underground circuits for any needed
maintenance or connection of new customers requires a loop feed when any
significant number of customers are involved.)
While there are many other items that can and do add to the cost of underground
systems versus overhead, I firmly believe that the cost outside of new developments
would easily reach a ratio of three to five times. The cost of removing obstructions,
digging up existing roadways and driveways, installing conduit, etc., are all in
addition to those involved in subdivisions.
In a recent hearing before a committee of the Virginia General Assembly, the
President of Virginia Power Company estimated that undergrounding in Virginia
Power's territory would more than double rates. Considering Appalachian Power's
lower rates and more difficult terrain for undergrounding, the multiplier would be
even higher in Appalachian.
The perception exists that maintenance costs will be reduced with underground
through less exposure to storms, trees, etc. While it is true that underground will
not be greatly affected by storms, underground installations are subject to problems
that are not experienced on overhead. This includes insulation failures, dig-ins,
deterioration due to corrosion, etc. When these problems are combined with the
much slower repair time and high cost of repairs to underground due to the
complexity of locating underground faults, the need to excavate, the time required
to prepare the cable for a splice that must be both electrically and mechanically
sound; the overall result is higher maintenance cost and little, if any, increase in
reliability.
In preparation for an application to the Virginia SCC to update our underground plan,
we ran a study in 1982-83 of underground maintenance costs versus overhead to
enable us to respond to questions in this regard. While we were able to reach an
agreement with the developers and home builders and a hearing was not required,
the study would have shown on underground maintenance costs approximately 2.4
times that of comparable overhead--not the savings that most people attribute to
underground.
Council may also find it of interest that we are currently involved in a multi-million
dollar a year program to replace all the underground primary cable installed prior to
1984 due to its high failure rate. We embarked on this program because it
represented the single most severe problem affecting customer service reliability.
Mr. W. Robert Herbert
March 18, 1994
Page 3
As you may have realized by this time, Appalachian Power does not consider major
undergrounding of power lines outside of the downtown urban area or new
subdivisions under our SCC-approved plan to be practical or economically feasible.
I find it unlikely that our Roanoke City customers would accept the 100 percent to
200 percent surcharge that would be required to support the installation of
underground facilities while avoiding an impact on the cost to customers not
residents of the City.
Sincerely,
~
J. T. Eaton
Division Manager
dml
cc: William F. Clark
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21 S Church Avenue, S. W.. Room 4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
MARY F. PARKER
City Clerk
SANDRA H. EAKIN
Deputy City Oerk
April 7, 1994
File #15-110-450
Brian J. Wishneff, Secretary
Economic Development Commission
111 Franklin Plaza
Suite 230
Roanoke, Virginia 24011
Dear Mr. Wishneff:
This is to advise you that J. Granger Macfarlane has qualified as a member of the
Economic Development Commission for a term ending June 30, 1996.
Sincerely,
Jf~
r--.....~
Mary F. Parker,
City Clerk
CMC/AAE
MFP: sm
pc: Phillip F. Sparks, Acting Chief, Economic Development
Sandra H. Eakin, Deputy City Clerk
0-2
Oath or Affirmat1bn bf Office
~ (' ,.
'94 11\R 31 P1(1.
State of Virginia, City of Roanoke. to .wit:
I,
.1. Gr:mier M::lc.farlane
, do solemnly swear (or affirm) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me a-
a member of the Economic Development Commission for a term ending June 30, 1996.
Subscribed and sworn to before me, thi
ay of
a~ j3~];l?-.
_, BLr--"hY Clerk
according to the best of my ability. So help me God.
2
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'94 1,1
30 !.\ (I'
- ,. /
Roanoke, Virginia
April 4, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Briefing - Civic Center Support
Please reserve space on Council's agenda for a briefing
and successful year of entertainment. Estimated time required
regarding Civic Center staff efforts required to support a busy
for the briefing is six (6) minutes.
u:~mw-
W. Robert Herbert
City Manager
WRH:KBK:afm
cc: City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Civic Center
....------_..,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W.. Room 456
Roanoke. Virginia 24011
Telephone: (703) 981-2541
MARYF.PARKER
City Oerk
SANDRA H. EAKIN
Deputy City Oerk
April 7, 1994
File #60-192
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31941-040494 amending and reordaining certain
sections of the 1993-94 Civic Center Appropriations, providing for appropriation of
$262,133.00 to cover the cost of additional operating expenses for the Roanoke Civic
Center. Ordinance No. 31941-040494 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, April 4, 1994.
Sincerely, .Q..
~~-3 ~
Mary F. Parker, CMC/ AAE
City Clerk
MFP:sm
Enc.
pc: Vernon M. Danielsen, Chairperson, Roanoke Civic Center Commission, 3260
White Oak Road, S. W., Roanoke, Virginia 24014
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
Bobby E. Chapman, Manager, Civic Center Facilities
Diane S. Akers, Budget Administrator, Office of Management and
Budget
(V
XN THE COUNCXL OF THE CXTY OF ROANOKE, VXRGXNXA
The 4th day of April, 1994.
No. 31941-040494.
AN ORDINANCE to amend and reordain certain sections of the
1993-94 civic Center Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1993-94 civic Center
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
ADDroDriations
Operating Expenses (1-6)............................ $
Promotional Expenses (7)............................
1,834,439
111,065
Revenue
Operating Revenue (8-13)............................
1,357,533
1) Overtime (005-056-2105-1003) $ 42,000
2) Fees for
Project
Services (005-056-2105-2010) 87,000
3) Electric (005-056-2105-2022) 23,000
4) Natural Gas (005-056-2105-2024) 16,000
5) Expendable
Equipment (005-056-2105-2035) 9,133
6) Maintenance -
Buildings (005-056-2105-2050) 55,000
7) Temporary
Employee
wages (005-056-2106-1004) 30,000
8) Coliseum
Rental (005-020-1234-0936) 10,000
9) Auditorium
Rental (005-020-1234-0937) 15,000
10)
11)
12)
13)
Parking Fees
Admissions Tax
Ice Rentals
Concessions
(005-020-1234-0939)
(005-020-1234-0941)
(005-020-1234-1140)
(005-020-1234-0948)
60,000
76,600
39,000
61,533
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
II
'j'O ,1\,1,1::
"96 l'
Roanoke, Virginia
April 4, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: civic Center Request for Appropriation
I. Backaround
A. The oriainal FY '94 civic Center budaet appropriation
was $2.085.724 including operations, promotions,
depreciation and capital outlay. This budget did not
anticipate the extremely successful year we are
experiencing, primarily due to the Broadway play series
and hockey. This success not only generates ~
revenue but more expenditures.
B. Budaet adiustments through February, 1994 total
$35.000. The current civic Center budget as of
February, 1994 totals $2.120.724.
C. Total expenses for FY '94 are now estimated to be
$2,382,857, an increase of $262.133 over the current
budget.
D. Current budaet synopsis is as follows:
Current civic Center Expense Budget
Estimated Expenditures for FY '94
Additional Funding Required
Estimated Collections for FY '94
Current Revenue Estimate
Revenue in Excess of Estimated
Less: Additional Funding Required
Remaining Unappropriated
contingencies for FY '94
$2,120,724
2.382.857
$ 262.133
$2,085,384
1. 780 .186
$ 305,198
262.133
$ 43.065
II. Current situation
A. Appropriation of funds is requested to cover cost of
certain additional operational expenses.
B. Fundina source is available from civic Center revenues.
III. Issues
A. Justification of Need
B. Fundina Source
IV. Alternatives
A. Approve the appropriation of $262.133 to cover cost of
certain operating expenses.
1. Justification of need has been verified through
analysis of the civic Center operating budget.
2. Fundina source for operational expenses is
available from revenues realized in excess of
estimate.
B. Do not approve the appropriation of $262.133 to cover
cost of certain operating expenses.
1. Justification of need has been verified. This
alternative will not provide for over expenditure
of certain operating expenses.
2. Fundina source would not be an issue for
consideration.
V. Recommendation is that City Council approve Alternative A,
as listed below:
A. Increase the revenue estimate by $10.000 for Coliseum
Rental. (Account #005-020-1234-0936)
B. Increase the revenue estimate by $15.000 for Auditorium
Rental. (Account #005-020-1234-0937)
C. Increase the revenue estimate by $60.000 for Parking
Fees. (Account #005-020-1234-939)
D. Increase the revenue estimate by $76.600 for Admissions
Tax. (Account #005-020-1234-941)
E. Increase the revenue estimate by $39.000 for Ice
Rentals. (Account #005-020-1234-1140)
F. Increase the revenue estimate by $61.533 for
Concessions. (Account #005-020-1234-0948)
G. Appropriate $42.000 to Overtime Wages.
(Account #005-056-2105-1003)
H. Appropriate $87.000 to Fees for Professional Services.
(Account #005-056-2105-2010)
I. Appropriate $23.000 to Electric.
(Account #005-056-2105-2022)
J. Appropriate $16.000 to Natural Gas.
(Account #005-056-2105-2024)
K. Appropriate $9.133 to Expendable Equipment.
(Account #005-056-2105-2035)
L. Appropriate $55.000 to Maintenance-Buildings.
(Account #005-056-2105-2050)
M. Appropriate $30.000 to Temporary Employees Wages.
(Account #005-056-2106-1004)
Respectfully submitted,
W~W
W. Robert Herbert
city Manager
WRH:vn
cc: City Attorney
Director of Finance
Director of utilities and Operations
Chairman and Members, civic Center commission
~-'-'>-
~~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
MARY F. PARKER
City Qerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #5-60-133-137-236-472
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31942-040494 amending and reordaining certain
sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of
$14,774.00, representing funds received from the Department of Criminal Justice
Services, Forfeited Asset Sharing Program. Ordinance No. 31942-040494 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
April 4, 1994.
;::~ 4 -P ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
George C. Snead, Jr., Director, Public Safety
M. David Hooper, Police Chief
Diane S. Akers, Budget Administrator, Office of Management and
Budget
f
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 1994.
No. 31942-040494.
AN ORDINANCE to amend and reordain certain sections of the
1993-94 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1993-94 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
ADDrODriations
Public Safety
Forfeited Asset Sharing Program (1-2).............
$ 1,524,218
28,967
Revenue
Public Safety
Forfeited Asset Sharing Program (3)...............
1,524,218
28,967
1) Expendable
Equipment
<$500 (035-050-3302-2035) $ 1,500
2) Other
Equipment (035-050-3302-9015) 13,274
3) State Grant
Revenue (035-035-1234-7133) 14,774
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
r-_."j
L: l T \~'
'91i ~ ,,) 30 f\i " :'"
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Roanoke, Virginia
April 4, 1994
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Forfeited Asset Sharing Program
Commonwealth of Virginia
I. Backqround:
A. Virqinia General Assembly passed state legislation in 1991,
18.2.249 COV, which allows local law enforcement to seize
and have forfeited property connected with illegal narcotics
distribution. The law also makes it possible for police
departments to receive proceeds from these forfeited
properties.
B. Application for an equitable share of the property seized
by local law enforcement must be made to the Department of
Criminal Justice Services, Forfeited Asset Sharing Program
certified by the Chief of Police as to the appropriate
agency and representative to receive the property.
C. Property (including funds shared with State and local
agencies) may be used onlY for the purpose stated in the
application, i.e., Law Enforcement Use-Purchase Equipment.
D. The Department of Criminal Justice Services requires
participants in the Forfeited Asset Sharing Program to
submit an annual financial statement of receipts and
expenditures related to the program, certifying that the
proceeds were used for law enforcement purposes.
II. Current situation:
A. Police Department receives additional funds periodically
from the State asset sharing program.
B. City Council action is required to accept additional funds
to be dispersed in accordance with provisions of the
program.
Mayor and Members of Council
Subject: Forfeited Asset Sharing Program Commonwealth of Virginia
Page 2
C. Revenues collected through March 28, 1994 for this
are $28.967.00 and deposited in Grant Account Number 035-
035-1234-7133. Current revenue estimated is $14.193.00.
Funding received in excess of the estimated revenue which
totals $14.774.00 needs to be appropriated at this time.
III. Issues:
A. Need
B. Funds Availabilitv
IV. Alternatives:
A. Citv Council accept funds from the Department of Criminal
Justice Services, Forfeited Asset Sharing Program and
authorize the Director of Finance to establish appropriate
accounts so that funds can be expended in accordance with
program requirements.
1.
Need exists to provide additional funds and
to enhance undercover narcotics
investigations.
equipment
control
2. Funds availabilitv will be determined by the quantity
of assets seized as a result of narcotic
investigations and forfeited through the Forfeited
Asset Sharing Program.
B. citv Council reject assets from the Department of Criminal
Justice Services, Forfeited Asset Sharing Program and not
authorize Director of Finance to establish appropriate
accounts for such assets.
Mayor and Members of Council
SUbject: Forfeited Asset Sharing Program Commonwealth of Virginia
Page 3
1. Need for supplemental funds enabling increased
effectiveness of undercover drug enforcement will not
be met.
2. Funds will not be applied for or received from the
Forfeited Asset Sharing Program.
IV. Recommendation is that Council approve alternative "A" to
accept assets from the Forfeited Asset Sharing Program and:
A. Aoorooriate $13,274.00 to the following grant fund
account:
1. Capital Outlay/Other Equipment (035-050-3302-9015)
B. Aoorooriate $1,500.00 to the following grant fund
account:
1. Expendable Equipment (<$500) (035-050-3302-2035)
C.
Increase the revenue
$14,774.00.
estimate
for
this
grant by
Respectfully submitted,
U. (L~ Jl-W
W. Robert Herbert
city Manager
WRH:MDH/kt
cc: City Attorney
Director of Finance
Director of Administration/public Safety
--.......,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
MARY F. PARKER
City Qerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #2-53-79-165-166-178-200-236-247-266-450
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31944-040494 amending the 1993-1994 Final
Statement of Community Development Objectives and Projected Use of Community
Development Block Grant Funds, as required by the U. S. Department of Housing
and Urban Development, to reflect a change in the financial administration and grant
of CDBG funds for certain projects, as more particularly set forth in a report of the
City Manager under date of April 4, 1994; and authorizing an agreement with K. W.
Poore and Associates, Inc. , to provide professional services required in connection
with preparation of a strategic plan for the Enterprise Communities Program.
Resolution No. 31944-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
::ce~, !J P CWu-
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc: Kenneth Poore, President, K. W. Poore and Associates, Inc. , 10001 Patterson
Avenue, Richmond, Virginia 23233
Neva H. Smith, Executive Director, City of Roanoke Redevelopment
and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia
24017
/~~:,
=-=--
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
MARY F. PARKER
City Oerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #184-209-236-304-337-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31945-040494 authorizing execution of a sub-
lease agreement with the Jefferson Center Foundation, Ltd., for 2,003 square feet
of office space located at 540 Campbell Avenue, S. W., for use by the Office on
Youth and Office of Grants Compliance, for a term of five years commencing on
June 1, 1994 or upon completion of renovations, at a rental of $14,021.00 per year,
upon certain terms and conditions. Ordinance No. 31945-040494 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, April 4, 1994.
;::":; 4. fJ~
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc: Beverly T. Fitzpatrick, Sr., Chairperson, Jefferson Center Foundation,
Ltd., 540 Campbell Avenue, S. W., Roanoke, Virginia 24016
Jane Stephenson, Executive Director, Jefferson Center Foundation, Ltd., 540
Campbell Avenue, S. W., Roanoke, Virginia 24016
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Glenn D. Radcliffe, Director, Human Development
Marion V. Crenshaw, Youth Planner
Diane S. Akers, Budget Administrator, Office of Management and
Budget
Charles A. Harlow, Acting Grants Monitoring Administrator
~u
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 1994.
No. 31945-040494.
AN ORDINANCE authorizing the proper City officials to enter
into a sub-lease between the City of Roanoke and Jefferson Center
Foundation, Ltd. for use by the Office on Youth and Office of
Grants Compliance, upon certain terms and conditions, and providing
for an emergency.
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, with the Jefferson Center
Foundation, Ltd. or its successor in interest, a sub-lease for a
2,003 square foot office space located at 540 Campbell Avenue,
S. W., for use by the Office on Youth and Office of Grants
Compliance, for a term of five years, commencing June 1, 1994 or
upon completion of renovations, at a rental of $14,021.00 per year,
as more particularly set forth in the report of the Water Resources
Committee dated April 4, 1994. Such sub-lease shall contain such
other terms and conditions as are approved and required by the City
Manager.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
r"~r~" r:""'"
r'l'T\l
Roanoke, Virginia
April 4, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Lease Agreement - Office on Youth and
Office of Grants Compliance
The attached report was considered by the Water Resources
Committee at its regular meeting on March 28, 1994. The
Committee recommends that Council authorize a 5-year sub-lease
between the City and the Jefferson Center Foundation, in a form
approved by the City Attorney, for a 2,003 square foot office
space at a cost of $7.00 per square foot, or $14,021.00 per year,
for the Office on Youth and the Office of Grants Compliance, in
accordance with conditions stated in the attached report.
Re?{J:;;.i:;?~
Elizabeth T. Bowles, Chairperson
Water Resources Committee
ETB:KBK:afm
Attachments
cc: City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Human Development
Manager, Management & Budget
Youth Planner, Office on Youth
Acting Grants Monitoring Administrator, Office of Grants
Compliance
Jane Stephenson, Manager/Executive Director, Jefferson
Center Foundation
DATE:
TO:
FROM:
SUBJECT:
CITY OF ROANOKE
Interdepartmental Communication
March 28, 1994
Me~be~s~ater Resources Committee
~R. Kiser, D~~~a~' Utilities and Operations thru
W. Robert Herbe~~y Manager
Lease Agreement - Office on Youth and Office of Grants
Compliance
I. Backaround:
A. Cooperation between the Office on Youth and the
Office of Grants Compliance allowed for the joint
hiring in February, 1993 of an executive
secretarial position to be shared between the two
offices.
II. Current situation:
A. Current office space for the Office on Youth in
Municipal South is inadequate and does not allow
for a planning area, computer space, or a conducive
environment for conversations with citizens and
youth that regularly visit the office.
B. Current office space for the Office of Grants
Compliance in Municipal South is not adequate.
Grants Compliance is a four-person staff (plus the
secretarial position which is now located in the
Office on Youth), however, the area now occupied by
this department only has room for three offices.
C. Both offices are primarilv funded from federal and
state arants for which the payment of office rental
is an eligible administrative expense.
D. The entire Municipal Complex has virtually no
flexibility in terms of office space assignment,
and a long term planning study is needed to
determine future office needs. In the interim, the
cost effective relocation of offices needs to be
pursued to provide operational flexibility and an
adequate work environment for our employees.
Page 2
III.
E. Former Jefferson Hiqh School has been leased by the
City to the Jefferson Center Foundation to renovate
and lease as office/public use space.
Issues:
A. Need
B. Cost to citv
C. Fundinq
IV. Alternatives:
A. Committee recommend to citv Council that it
authorize a 5-year sub-lease between the City of
Roanoke and the Jefferson Center Foundation for a
2,003 square foot office area at a cost of $7.00
per square foot, or $14.021.00 per year for five
years, to be occupied by the Office on Youth and
the Office of Grants Compliance. Sub-lease to be
effective on June 1, 1994, or upon completion of
renovation, and in a form approved by the City
Attorney. (A sample lease is attached for review.)
1. Need for additional office area of both
departments is met. The office suite contains
adequate office space as well as planning and
meeting areas that are badly needed.
2. Cost to citv will be approximately $1.092.00
in local match for the office space
(approximately 12' x 13' ) occupied by the
Office on Youth. The remainder of the rental
amount ($12,929.00) will be paid with
Community Development Block Grant (CDBG)
funds. The rate of $7.00 per square foot
includes the cost of renovation to suit the
renter's needs as well as ongoing utility and
maintenance costs and is extremely
competitive.
3. Fundinq for the rent for the month of June,
1994 will be paid from Grants Compliance
account number 035-093-9315-3075, Other
Rental. Funding will be included in the
recommended CDBG and General Fund budgets for
Fiscal Year 1994-95 to pay the ongoing rental
costs. Funding for CDBG funds is renewed each
year.
Page 3
B. Committee not recommend to citv Council that it
authorize a 5-year sub-lease between the city of
Roanoke and the Jefferson Center Foundation for a
2,003 square foot office area to be occupied by the
Office on Youth and the Office of Grants
Compliance.
1. Need for additional office area is not met.
2. Cost to Citv would not be an issue.
3. Fundinq would not be an issue.
V. Recommendation: Committee recommend to City Council that
it authorize a 5-year sub-lease between the city and the
Jefferson Center Foundation, in a form approved by the
City Attorney, for a 2,003 square foot office space at a
cost of $7.00 per square foot, or $14.021.00 per year for
the Office on Youth and the Office on Grants Compliance
in accordance with Alternative "A".
KBK/WRH/mm
Attachment
cc: city Attorney
Director of Finance
Assistant City Manager
Director of Human Development
Manager, Management and Budget
Youth Planner, Office on Youth
Acting Grants Monitoring Administrator, Office of Grants
Compliance
Jane stephenson, Manager/Executive Director, Jefferson Center
Foundation
~..~~
~...r"
LEASE
Between
Jeft'erson Center Foundation
and
Suite #_
Square Feet
540 Campbell Avenue
Roanoke, Virginia 24016
INDEX
LEASE
JEFFERSON CENTER FOUNDATION
ROANOKE, VIRGINIA
HEADING
Demised Premises
Term
Base Rent
Use of Demised Premises
Assignment and Subletting
Improvements
Maintenance by Tenant
Signs and Furnishings
Inspection
Insurance Rating
Tenant's Equipment
Indemnity
Service and Utilities
Insolvency or Bankruptcy of Tenant
Liability of Landlord
Damage to the Demised Premises
Default of Tenant
Waiver
Subordination
Condemnation
Rules and Regulations
Covenants of Landlords
No Partnership
No Representations by Landlord
Brokers
Notices
Estoppel Certificates
Holding Over
Right of Landlord to Cure Tenant's Default
Lien of Personal Property
Benefit and Burden
Gender and Number
Entire Agreement
Invalidity of Particular Provisions
Miscellaneous Additional Provisions
Exhibit A - Floor Plan of Suite
Exhibit B - Rules and Regulations
Exhibit C - Building Standards
2
PAGE
3
3
3
3
4
4
5
5
5
6
6
7
7
7
8
9
9
10
10
10
10
11
11
11
11
6
6
12
12
12
13
13
13
13
13
15
16
19
LEASE
JEFFERSON CENTER
ROANOKE, VIRGINIA
lHIS LEASE is made this
day of
.19
by
JEFFERSON CENTER FOUNDATION, LTD.
(hereinafter referred to as "Landlord"), and
(hereinafter referred to as "Tenant");
WITNESSETH
In consideration of the mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. DEMISED PREMISES Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord, for the term and upon the conditions hereinafter provided, that
certain space located at 540 Campbell Avenue, Roanoke, Virginia, Suite # consisting
of square feet as outlined in Exhibit A attached hereto and made a part hereof
(such space being hereinafter referred to as the "Demised Premises").
2. TERM the term of this Lease is for years and shall co=ence on
,19_,12:01 a.m. ("Co=encement Date") and shall expire at 11:59
O'Clock p.rn. , 19
3. BASE RENT Tenant shall pay as base rent for the Demised Premises the sum
of per year ($ ), payable in equal monthly
installments of ($ ). The first monthly installment
to be made upon date of occupancy of this Lease and shall be prorated if the occupancy
date is other than the first of the month, and the second and all subsequent monthly
payments to be made on the first day of each and every calendar month during the term
hereof, beginning with the second full month from the Co=encement Date. Tenant shall
pay rent to Landlord at Hall Associates Inc. 213 S. Jefferson St., Suite 1007 , Roanoke,
Vrrginia, 24011, or to such other party or at such other address as Landlord may designate
from time to time by written notice to Tenant, without demand and without deduction, set-
off or counterclaim. If Landlord shall at any time or times accept said rent after it shall
become due and payable, such acceptance shall not excuse delay upon subsequent occasions,
or constitute, or be construed as, a waiver of any or all of Landlord's rights hereunder.
Checks should be made payable to Jefferson Center Foundation.
4. USE OF DEMISED PREMISES Tenant will promptly use and occupy the
Demised Premises following the Co=encement Date, solely for the conduct of general
office and studio space and in accordance with the use permitted under applicable zoning
regulations. Tenant will not use or occupy the Demised Premises for any unlawful purpose,
and will comply with all present and future laws, ordinances, regulations, and orders of the
United States of America, State of Virginia, and any other public authority having
jurisdiction over the Demised Premises. Tenant, its employees, invitees and guests will have,
together with other tenants in the Building, access to and use of all co=on areas and
facilities of the Building, for and during such periods of time as may be set forth in the
Rules and Regulations of the Building - including the use of any co=on unassigned
parking or any parking that may at any time be assigned to Tenant.
5. ASSIGNMENT AND SUBLETTING Tenant will not assign, transfer mortgage
or encumber this Lease or the Demised Premises without obtaining the prior written consent
of Landlord, nor shall any assignment or transfer of this Lease be effectuated by operation
of law or otherwise without the prior written consent of Landlord, which will not be
unreasonably withheld. Tenant may sublet or rent the Demised Premises or any portion
thereof only with the prior consent of the Landlord. In the event that Tenant defaults
hereunder, Tenant hereby assigns to Landlord the rent due from any assignee or subtenant
of Tenant and hereby authorizes each such subtenant to pay said rent directly to Landlord.
6. IMPROVEMENTS Tenant shall be free to make alterations, redecorations, or
improvements in and to the Demised Premises provided all such alterations, redecorations,
additions or improvements conform to all applicable Building Codes of the City of Roanoke;
and provided, further, that no such alteration, redecoration or improvement which may alter
or excessively load the structure of the Demised Premises will be made by Tenant without
the prior written consent of Landlord which consent shall not be unreasonably withheld or
delayed. If any mechanic's lien is filed against the Demised Premises, or real property of
which the Demised Premises is a part, for work claimed to have been done for, or materials
claimed to have been furnished to, Tenant, such mechanic's lien shall be discharged by
Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment
thereof or by filing any bond permitted by law. If Tenant shall fail to discharge any such
mechanic's lien, Landlord may, at its option, discharge the same and treat the cost thereof
as additional rent payable with the monthly installment of rent next becoming due; it being
hereby expressly covenanted and agreed that such discharge by Landlord shall not be
deemed to waive, or release, the default of Tenant in not discharging the same. It is
understood and agreed by Landlord and Tenant that any such alterations, decorations,
additions or improvements shall be conducted on behalf of Tenant and not on behalf of
Landlord, and that Tenant shall be deemed to be "owner" and not the "agent" of Landlord
for purposes of application of the Mechanic's Uen of Statutes of Virginia. It is further
understood and agreed that in the event Landlord shall give its written consent to Tenant's
making any such alterations, decorations, or improvements, such written consent shall not
deemed to be an agreement of consent by Landlord to subject Landlord's interest in the
Demised Premises, the Building or the real property upon which the Building is situated
to any mechanic's liens which may be filed in respect of any such alterations, decorations,
additions, or improvements made by or on behalf of Tenant. All alterations, decorations,
additions or improvements in or to the Demised Premises or the Building made by either
party shall remain upon and be surrendered with the Demised Premises as part thereof at
the end of the term hereof without disturbance, molestation or injury; provided, however,
that if Tenant is not in default in the performance of any of its obligations under this Lease,
Tenant shall have the right to remove, prior to the expiration or termination of the term of
4
this Lease, all movable furniture, furnishings or equipment installed in the Demised
Premises at the expense of Tenant and if such property of Tenant is not removed by Tenant
prior to the expiration or termination of this Lease the same shall become the property of
the Landlord and shall be surrendered with the Demised Premises as a part thereof.
7. MAINTENANCE BY TENANT Tenant shall suffer no waste or injury to the
Demised Premises or the fixtures and equipment therein, and shall, at the expiration or
other termination of the term of this Lease, surrender up the Demised Premises in the same
order and condition in which they are on the Co=encement Date, ordinary wear and tear
and damage by the elements, fire or other casualties excepted. Landlord, at its cost, shall
provide and install all original fluorescent tubes and light bulbs within the Demised
Premises necessary to provide the lighting, if any, required by this lease. All replacement
bulbs and tubes for such lighting, and all other bulbs, tubes and lighting fixtures for the
Demised Premises shall be provided and installed by Landlord at Tenant's cost and expense.
8. SIGNS AND FURNISHINGS No sign, on-site advertisement or notice shall be
inscribed, painted, affixed or displayed on any part of the outside or the inside of the
Building except on the directories and the doors of the offices, and then only in such place,
number, size, color and style as is approved by Landlord and provided by Landlord at
Tenant's cost and expense, and if such sign, advertisement or notice is nevertheless exhibited
by Tenant, Landlord shall have the right to remove the same and Tenant shall be liable for
any and all expenses incurred by Landlord by said removal. Landlord shall have the right
to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation
of the Building or its desirability as a high-quality building for offices or for financial,
insurance and other institutions of like nature, and upon written notice from Landlord,
Tenant shall immediately refrain from and discontinue any such advertisement. Landlord
shall have the right to prescribe the weight and position of safes and other heavy equipment
or fixtures, which shall, if considered necessary by the Landlord, stand on plank strips to
distribute the weight. Any and all damage or injury to the Demised Premises or the
Building caused by moving the property of Tenant into, in or out of the Demised Premises,
or due to the same being on the demised Premises, shall be repaired by, and at the sole cost
of, Tenant. No deliveries of any matter of any description will be received into the Building
or carried in the elevators except at entrances of the Building designated for this purpose.
All moving of furniture, equipment and other material shall be under the direct control and
supervision of Landlord who shall, however, not be responsible for any damage to or charges
for moving same. Tenant agrees promptly to remove from the sidewalks adjacent to the
Building any of the Tenant's furniture, equipment or other material there delivered or
deposited.
9. INSPECflON Tenant will permit Landlord, or its representative, to enter the
Demised Premises, without charge thereof to Landlord and without diminution of the rent
payable by Tenant, to examine, inspect and protect the same, and to make such alterations
and/or repairs as in the judgement of Landlord may be deemed necessary, or to exhibit the
same to prospective Tenants during the last one hundred twenty (120) days of the term of
this Lease.
10. INSURANCE RATING Tenant will not conduct or permit to be conducted any
5
activity, or place any equipment in or about the Demised Premises, which will in any way,
increase the rate of fire insurance or other insurance as stated by any insurance company
or by the applicable Insurance Rating Bureau is found to be due to activity or equipment
in or about the Demised Premises, such statement shall be conclusive evidence that the
increase in such rate is due to such activity or equipment and, as a result thereof, Tenant
shall be liable for such increase and shall reimburse Landlord therefor.
11. TENANT'S EOUlPMENT Tenant will not install or operate in the Demised
Premises any electrically operated equipment or other machinery, other than electric
typewriters, adding machines, computers, radios, televisions, clocks, copying machines, fax
machines, small refrigerators, coffee pot, telephones and answering machines or the like
without first obtaining the prior consent of the Landlord, who may condition such consent
upon the payment by Tenant of additional rent in compensation for such excess consumption
of utilities and for the cost of additional wiring as may be occasioned by operation of said
equipment or machinery. Tenant shall not install any other equipment of any kind or
nature whatsoever which will or may necessitate any changes, replacements or additions to;,
or in the use of the water system, or electrical system of the Demised Premises or the
Building without first obtaining the prior written consent of Landlord. Business machines
and mechanical equipment belonging to Tenant which cause noise or vibration that may be
transmitted to the structure of the Building or to any space therein to such degree as to be
objectional to Landlord or to any Tenant in the Building shall be installed and maintained
by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to
eliminllte such noise and vibration.
12. INDEMNI'lY Each party will indemnify and hold harmless the other from and
against any loss, damage or liability occasioned by or resulting from any default hereunder
or any negligent act on its part, its agents, employees, or invitee.
13. SERVICES AND UTILITIES It is agreed that Landlord will furnish heat and
air conditioning, during the seasons of the year when heat or air conditioning is required,
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, government
holidays excepted. It is agreed that Landlord will keep parking areas and sidewalks free and
clear of debris, Ice and Snow. Landlord will provide reasonably adequate electricity, water,
exterior window cleaning service and, on Tuesdays, Thursdays, and weekends only (except
government holidays), char and janitorial service after 6:00 p.m. Landlord will also provide
elevator service by means of automatically operated elevators on all regular elevators
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday (except government
holidays), and at least one (1) elevator on a twenty-four (24) hour basis at all times,
provided, however, that Landlord shall have the right to remove elevators from service as
the same shall be required for moving freight, or for servicing or maintaining the elevators
and/or the Building. It is also agreed that if Tenant requires air conditioning or heat
beyond the hours hereinabove set forth and provided arrangements are made with
Landlord's agent not less than twenty-four (24) hours in advance, Landlord will furnish such
air conditioning or heat and Tenant agrees to pay for the same with each monthly
installment of rent in accordance with the then current schedule of costs and assessments
therefore, which such schedules shall be published from time to time by Landlord and
furnished to Tenant. Landlord shall maintain the public restrooms in the Building and shall
6
furnish, without charge therefore, all soap, paper towels, and toilet tissue necessary for the
efficient use of such rooms. It is understood and agreed that Landlord shall not be liable
for failure to furnish, or for delay or suspension in furnishing, any of the services (required
to be performed by Landlord) caused by breakdown, maintenance, repairs, strikes, scarcity
of labor or materials, act of God or from any other cause. Landlord shall make due repairs
expeditiously. For purposes of this Lease, a "government holiday" shall be determined by
reference to Public Law, as the same may be amended from time to time.
14. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or
Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an
involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and
the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt,
Landlord shall have the option of terminating this Lease upon such written notice being
given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end
and Landlord shall be entitled to immediate possession of the Demised Premises and to
recover damages from Tenant in accordance with the provisions of Article 17 hereof.
15. LIABILIlY OF LANDLORD Landlord shall not be liable to Tenant, its
employees, agents, business invites, licensees, customers, clients, family members, guests or
trespassers for any damage, compensation or claim arising from the necessity of repairing
any portion of the Building, the interruption in the use of the Demised Premises, accident
or damage resulting from the use or operation (by Landlord, Tenant, or any other persons
whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus,
or the termination of this Lease by reason of the destruction of the Demised Premises, or
from any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or
portion of the Demised Premises or the Building, or from water, rain or snow that may leak
into or flow from, any part of the Demised Premises or the Building, or from drains, pipes
or plumbing work in the Building, or from any other cause whatsoever. Any goods, property
or personal effects, stored or placed by Tenant in or about the Demised Premises or
Building, shall be at risk of Tenant, and Landlord shall not in any manner be held
responsible therefor. The employees of Landlord are prohibited from receiving any
packages or other articles delivered to the building for Tenant, and if any such employee
receives any such package or articles, such employee shall be the agent of Tenant and not
of Landlord.
16. DAMAGE TO TIlE DEMISED PREMISES If the Demised Premises shall be
partially damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitee, Landlord shall diligently and as soon as practicable after such damage
occurs (taking to account the time necessary to effectuate a satisfactory settlement with any
insurance company) repair such damage at expense of Landlord, provided, however, that if
the Building is damaged by fire or other cause to such extent that the Building is damaged
by fire or other cause to such extent that the damage cannot be fully repaired within ninety
(90) days from the date of such damage, Landlord or Tenant, upon written notice to the
other, may terminate this Lease, in which event the rent shall be apportioned and paid to
the date of such damage. During the period that Tenant is deprived of the use of the
damaged portion of Demised Premises, Tenant shall be required to pay rental covering only
7
that part of the Demised Premises that Tenant is able to occupy and the rent for such space
shall be that portion of the total rent which the amount of square foot area of the Demised
Premises. All injury or damage to the Demised Premises or the Building caused by Tenant,
or its agents, employees and invitee, shall be repaired by Landlord, and any cost so incurred
by Landlord shall be paid by Tenant, in which event such cost shall become additional rent
payable with the installment of rent next becoming due under the terms of this Lease.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
rent as aforesaid and/or as required by this Lease (although no legal or formal demand has
been made thereof), or shall violate or fail to perform any of the other conditions, covenant
or agreement on its part contained in this or any other lease of space in the Building, and
such failure to pay rent or such violation or failure shall continue for a period of ten (10)
days after the due date of such payment or after written notice of any such other violation
or failure to Tenant by Landlord, then and in any of said events this Lease shall, at the
option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of
such election to Tenant by Landlord, and if such failure to pay rent or such violation or
failure shall continue to the date set forth in such notice of termination, then this Lease
shall cease and terminate without further notice to quit or of Landlord's intention to re-
enter, the same being hereby waived, and Landlord may proceed to recover possession
under and by virtue of the provisions of the laws of Virginia, or by such other proceedings,
including re-entry and possession, as may be applicable. If Landlord elects to terminate this
Lease everything herein contained on the part of Landlord to be done and performed shall
cease without prejudice, however, to the right of Landlord to recover from the Tenant all
rental accrued up to the time of termination or recovery of possession by Landlord,
whichever is later. Should this Lease be terminated before the expiration of the term of this
Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon
without payment of rent the Demised Premises before the expiration or termination of the
term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon
such terms as are not unreasonable under the circumstances and if the full rental
hereinabove provided shall not be realized by Landlord, Tenant shall be Liable for all
damages sustained by Landlord, including without limitation, deficiency in rent, reasonable
attorney's fees, brokerage and leasing fees and expenses of placing the Demised Premises
in first class rental condition. Any damage or loss of rental sustained by Landlord may be
recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate
actions from time to time, as said damage shall have been made more easily ascertainable
by successive reletting, or at Landlord's option, may be deferred until the expiration of the
term of this Lease in which event the cause of action shall not be deemed to have accrued
until the date of expiration of said term. The provisions contained in this paragraph shall
not prohibit any claim Landlord may have against Tenant for anticipatory breach of the
unexpired term of this Lease. In the event that Tenant continues to occupy the Demised
Premises after the expiration of the term of this Lease, with the express or implied consent
of Landlord, such tenancy shall be from month to month and shall not be a renewal of the
term of this Lease or a tenancy from year to year. All right and remedies of Landlord
under this Lease shall be cumulative and shall not be exclusive of any other rights and
remedies provided to Landlord under applicable law.
18. WAIVER If under the provisions hereof Landlord shall institute proceedings and
8
a compromise and settlement thereof shall be made, the same shall not constitute a waiver
of any covenant herein contained nor of any of Landlord's rights hereunder. No waiver by
Landlord of any breach/of any covenant, condition or agreement herein contained shall
operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent
breach, thereof. No payment by Tenant or receipt by Landlord of a lesser amount than the
monthly installments of rent herein stipulated shall be deemed to be other than on account
of the earliest stipulated rent or shall any endorsement or statement on any check or letter
accompanying a check for payment of rent be deemed an accord and satisfaction, and
Landlord may accept such check or payment without prejudice to Landlord's right to recover
the balance of such rent or to pursue any other remedy provided in this Lease. No re-entry
by Landlord, and no acceptance by Landlord of keys from Tenant, shall be considered an
acceptance of a surrender of the Lease.
19. SUBORDINATION This Lease is subject and subordinate to the lien of all and
any mortgages (which term "mortgages" shall include both construction and permanent
financing and shall include deeds of trust and similar security instruments) which may now
or hereafter encumber or otherwise affect the real estate (including the Building) of which
the Demised Premises form a part, or Landlord's leasehold interest therein, and to all and
any renewals, extensions, modifications, recastings or refinancings thereof. In confirmation
of such subordination, Tenant shall, at Landlord's request, promptly execute any requisite
or appropriate certificate or other document. Tenant agrees that in the event that any
proceeding are brought for the foreclosure of any such mortgage, Tenant shall attorn to the
purchaser at such foreclosure sale, if requested to do so by such purchaser, and to recognize
such purchaser as the landlord under this lease, and Tenant waives the provisions of any
statues or rule of law, now or hereinafter in effect, which may give or purport to give Tenant
any right to terminate or otherwise adversely affect this Lease and the obligations of Tenant
hereunder in the event that any such foreclosure proceeding is prosecuted or completed;
provided, however that such attornment and recognition shall be conditioned upon Tenant's
receiving from such purchaser, reasonable assurances that Tenant may remain in quiet and
peaceable possession of the Demised Premises for the unexpired term at the rents herein
provided and that purchaser shall otherwise keep and perform all and several of the
covenants and conditions herein contained on the part of Landlord be kept and performed.
20. CONDEMNATION If any part of the building or a substantial part of the
co=on area of the Demised Premises shall be taken or condemned by any governmental
authority for any public or quasi-public use or purpose (including sale under threat of such
a taking), then the term of this lease shall cease and terminate as of the date when title
vests in such governmental authority, and the annual rental shall be abated on the date
when such title vests in such governmental authority. If less than a substantial part of the
co=on area of the Demised Premises is taken or condemned by any governmental
authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted
on the date when title vests in such governmental authority and the Lease shall otherwise
continue in full force and effect. Tenant shall have no claim against Landlord (or
otherwise) for any portion of the amount that may be awarded as damages as a result of any
governmental taking or condemnation (or sale under threat of such taking or condemnation)
or for the value of any unexpected term of the Lease. For purposes of this Article 20, a
substantial part of the co=on area of the Demised Premises shall be considered to have
9
been taken if more than fifty percent (50%) of the Demised Premises are unusable by
Tenant and, if the Demised Premises are on more than one floor of the building, then this
Article shall apply as, if separate leases are made in respect of the Demised Premises on
each such floor.
21. RULES AND REGULATIONS Tenant, its agents and employees shall abide by
and observe the rules and regulations attached hereto as Exhibit B. Tenant, its agent and
employees, shall abide by and observe such other rules or regulations as may be
promulgated from time to time by Landlord, with copy sent to Tenant for the operation and
maintenance of the Building, provided that the same are in conformity with co=on
practice and usage in similar buildings and are not inconsistent with the provisions of this
Lease. Landlord shall not be liable to Tenant for violation of the same by any other
Tenant, its employees, agents, business invitee, licensees, customers, clients, family members,
or guests.
22. COVENANTS OF LANDLORD Landlord covenants that it has the right to make
this Lease for the term aforesaid, and that if Tenant shall pay the rental and perform all the
covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall,
during the term hereby created, freely, peaceably and quietly occupy and enjoy the full
possession of the Demand Premises without molestation or hindrance by Landlord or any
party claiming through or under Landlord.
23. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and Tenant,
or to create any other relationship between the parties hereto other than that of Landlord
and Tenant.
24. NO REPRESENTATION BY LANDWRD Neither Landlord nor any agent or
employee of Landlord has made any representations or promises with respect to Demised
Premises or the Building except as herein expressly set forth, and no rights, privileges,
easements or licenses are acquired by Tenant except as herein expressly set forth. Landlord
represents that the Demised Premises and the Building are in good and satisfactory
condition at the time of taking of possession. The Tenant, by taking possession of the
Demised Premises acknowledges the same.
25. BROKERS Landlord and Tenant each represent and warrant one to another
that except as herein set forth neither of them has employed any broker in carrying on the
negotiations relating to this Lease. Landlord shall indemnify and hold Tenant harmless, and
Tenant shall indemnify and hold Landlord harmless, from and against any claim or claims
for brokerage or other commission arising from or out of any breach of the foregoing
representation and warranty by the respective indemnitors.
26. NOTICES All notices or other co=unications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered mail,
return receipt requested, first class postage prepaid, (i) if to Landlord at 540 Campbell Ave.,
S.W. Suite 100, Roanoke, Virginia 24016 and if to Tenant at 540 Campbell Ave., S.W. Suite
229 Roanoke, Virginia 24016, unless notice of a change of address is given pursuant to the
10
provisions of this Article.
27. ESTOPPEL CERTIFICATES Tenant agrees, at any time and from time to time,
upon not less than five (5) days prior written notice by Landlord, to execute, acknowledge
and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified
and in full force and effect (or if there have been modifications, that the Lease is in full
force and effect as modified and stating the modifications), (ii) stating the dates to which
the rent and other charges hereunder have been paid by Tenant, (iii) stating whether or not
to the best knowledge of Tenant, Landlord is in default in the performance of any covenant,
agreement or condition contained in this Lease, and, if so, specifying each such default of
which Tenant may have knowledge, and (iv) stating the address to which notices to Tenant
should be sent pursuant to Article 26 hereof. Any such statement delivered pursuant hereto
may be relied upon by any owner of the Building, any prospective purchaser of the Building,
any mortgagee or prospective mortgagee of the Building or of Landlord's interest, or any
prospective assignee of any such mortgage.
28. HOLDING OVER In the event that Tenant shall not immediately surrender the
Demised Premises on the date of expiration of the term hereof, Tenant shall, by virtue of
the provisions hereof, become a Tenant by the month at the monthly rental in effect during
the last month of the term of this Lease, increased by (10%) percent, which said monthly
tenancy shall co=ence with the first day next after the expiration of the term of this Lease.
Tenant as a monthly tenant shall be subject to all of this Lease. Tenant as a monthly tenant
shall be subject to all of the conditions and covenants of this Lease. Tenant shall give to
Landlord at least sixty (60) days' written notice of any intention to quit the Demised
Premises, and Tenant shall be entitled to thirty (30) days' written notice to quit the Demised
Premises, except in the event of nonpayment of rent in advance or of the breach of any
other covenant by the Tenant, in which event Tenant shall not be entitled to any notice to
quit, the usual notice to quit being hereby expressly waived, notwithstanding the foregoing
provisions of this article, in the event that tenant shall hold over expiration of the term
hereby created, and if Landlord shall desire to regain possession of the Demised Premises
promptly at the expiration of the term of the Lease then at any time prior to Landlord's
acceptance of rent from Tenant as a monthly Tenant hereunder, Landlord, at its option, may
forthwith re-enter and take possession of the Demised Premises without process, or any
legal process in force in Virginia.
29. RIGHT OF LANDLORD TO CURE TENANT'S DEFAULT If Tenant defaults,
following notice and the cure periods described in this Lease, in the making of any payment
or in the doing of any act herein required to be made or done by Tenant, then Landlord
may, but shall not be required to, make such payment or do such act, and the amount of the
expense thereof, if made or done by Landlord with interest thereon at the annual rate of
one percent (1%) above First Union Bank N. A prime rate of interest as determined by
Landlord, in effect at and occurring from the first day of the first calendar month following
the date payment was made by Landlord, shall be paid by Tenant to Landlord and shall
constitute additional rent hereunder due and payable with the next monthly installments of
rent. The making of such payment or the doing of such act by Landlord shall not operate
to cure such default or to estop Landlord from the pursuit of any remedy to which Landlord
would otherwise be entitled. If Tenant fails to pay any installment of rent on or before the
11
tenth (10th) day of the calendar month when such installment becomes due and payable,
Tenant shall pay to Landlord a late charge of five percent (5%) of the amount of such
installment and, in addition, such unpaid installment shall bear interest at the annual rate
of one percent (1%) above First Union Bank N. A prime rate of interest in effect at and
from the date such installment became due and payable to the date of payment thereof by
Tenant. Such late charge and interest shall constitute additional rent hereunder due and
payable with the next monthly installment of rent.
30. LIEN OF PERSONAL PROPERlY Landlord shall have a lien upon all the
personal property of Tenant moved into the Demised Premises, as and for security for the
rent and other Tenant obligations heretofore provided. In order to perfect and enforce said
lien, Landlord may at any time after default in the payment of rent or default of other
obligations, seize and take possession of any and all personal property belonging to Tenant
which may be found in and upon the Demised Premises. Should Tenant fail to redeem the
property so seized, by payment of whatever sum may be due Landlord under and by virtue
of the provisions of this Lease, then and in that event, Landlord shall have the right, after
ten (10) days' written notice to Tenant of its intention to do so, to sell such property so
seized at public or private sale and upon such terms and conditions as to Landlord may
appear advantageous, and after the payment of all proper charge incident to such sale, apply
the proceeds thereof to the payment of any balance due on account of rent or other
obligations as aforesaid. In the event there shall then remain in the hands of Landlord any
balance realized from the sale of said property, as aforesaid, the same may be retained by
the Landlord and applied against occurring rents or paid over to or for the account of
Tenant.
31. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns. Landlord may freely and fully assign its interest
hereunder.
32. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the singular number,
in any place or places herein which the context may require such substitution.
33. ENTIRE AGREEMENT This Lease, together with Exhibits A, B and C attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties not
contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not
be modified, changed or terminated in whole or in part in any manner other than by an
agreement in writing duly signed by both parties hereto.
Exhibit A - Floor plan of Suite
Exhibit B - Rules and Regulations
Exhibit C - Building Standards
34. INV ALIDIlY OF PARTICULAR PROVISIONS - If any provision of this Lease
12
or the application thereof to any person or circumstances shall to any extent be invalid or
unenforceable, the remainder of this Lease, or the application of such provisions to persons
or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each provision of this Lease shall be valid and be enforced to the
fullest extent permitted by law.
35. MISCELLANEOUS ADDITIONAL PROVISIONS
INSURANCE TO BE MAINTAINED BY TENANT: The Tenant shall maintain at its
expense, throughout the term, and all extension thereof, insurance against loss for
liability in connection with bodily injury, death, property damage, personal injury and
destruction, occurring within the premises or arising out of the use thereof by the
Tenant or its agents, employees, officers or invitees, visitors and guests under one or
more policies of general public liability insurance having such limits as are
reasonable required by Landlord from time to time (but in any event of not less then
$2,000,000.00 general aggregate, $2,000,000.00 products-comp/ops aggregate,
$2,000,000.00 personal and advertising injury, $50,000.00 each occurrence, $50,000.00
fire legal liability [anyone fire], and $5,000.00 medical expense [anyone person]).
All liability policies shall name the Jefferson Center Foundation, Ltd., and the City
of Roanoke, its officers, Agents, and employees as Additional Named Insureds. Such
policies shall be issued by a company with a Best's rating of "A" or better and a
financial class rating of VllI or better as rated by AM. Best Company. All policies
shall contain a provision providing for a least sixty (60) days prior written notice to
the Landlord and/or Landlord's agent. Tenant shall provide, on an annual basis, a
Certificate of liability Insurance as set forth above. The Certificate of Insurance so
issued shall also contain the sixty (60) day cancellation provision.
If Tenant shall not comply with its covenant to maintain insurance as provided
herein, Landlord may, at its option, cause insurance as aforesaid to be issued and,
in such event, Tenant shall promptly pay when due the premiums for such insurance
as additional rent hereunder.
Landlord and Tenant have each executed this Lease under seal on the day and year
hereinabove written.
Landlord
JEFFERSON CENTER FOUNDATION
By
Title
Tenant
13
By
Title
14
EXHIBIT "B"
RULES AND REGUlATIONS
The following rules and regulations have been formulated for the safety and well-
being of all the Tenants of the Building. Strict adherence to these rules and regulations is
necessary to guarantee that each and every tenant will enjoy a safe and unannoyed
occupance in the Building. Any repeated or continuing violation of these rules and
regulations by Tenant after notice from Landlord, shall be sufficient cause for termination
of this Lease at the option of Landlord.
The Landlord may, upon request by Tenant, waive the compliance by such Tenant
of any of the foregoing rules and regulations, provided that (i) no waiver shall be effective
unless signed by Landlord or Landlord's authorized agent, (ii) any such waiver shall not
relieve such Tenant from the obligation to comply with such rule or regulation in the future
unless expressly consented to by Landlord, and (ill) no waiver granted to any Tenant shall
relieve any other Tenant from the obligation of complying with the foregoing rules and
regulations unless such other Tenant has received a similar waiver.
1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways,
corridors or halls or other parts of the Building not occupied by any Tenant shall not be
obstructed or encumbered by any Tenant or used for any purpose other than ingress and
egress to and from the Demised Premises. Landlord shall have the right to control and
operate the public portions of the Building, and the facilities for the co=on use of the
Tenants, in such manner as Landlord deems best for the benefit. of the Tenants generally.
No Tenant shall permit the visit to the Demised Premises of persons in such numbers or
under such conditions as to interfere with the use and enjoyment by other Tenants of the
entrances, corridors, elevators and other public portions or facilities of the Building.
2. No awnings or other projections shall be attached to the outside walls of the
Building without the prior written consent of the Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed,
painted or affixed by any Tenant on any part of the outside or inside of the Demised
Premises or building without the prior consent of the Landlord. In the event of the violation
of the foregoing charge the expense incurred by such removal to the Tenant or Tenants be
inscribed, painted, or affixed for each Tenant by the Landlord at the expense of such
Tenant, and shall be of a size, color and style acceptable to the Landlord.
4. No show cases or other articles shall be put in front of or affixed to any part of
the exterior of the Building, nor placed in the halls, corridors or vestibules without the prior
written consent of the Landlord.
15
5. The water and wash closets and other plumbing fixtures shall not be used for any
purpose other than those for which they were constructed, and no sweepings, rubbish, rags,
or other substances shall be thrown therein. All damages resulting from any misuse of the
fixtures shall be borne by the Tenant who, or whose servants, employees, agents, visitors or
licensees, shall have caused the same.
6. There shall be no defacing any part of the Demised Premises or the Building. No
boring, cutting or stinging of wires shall be permitted. Tenant shall not construct, maintain,
use or operate within the Demised Premises or elsewhere within or on the outside of the
Building, any electrical device, wiring or apparatus in connection with a loud speaker system
or other system.
7. No bicycles, vehicles or animals, birds or pets of any kind shall be brought into
or kept in or about the premises, and no cooking of food shall be done or permitted by any
tenant on said premises except for employee consumption. No Tenant shall cause or permit
unusual or objectionable odors to be produced upon or permeate from the Demised
Premises.
8. No space in the building shall be used for manufacturing, for the storage of
merchandise, goods or property of any kind at auction.
9. No Tenant shall make or permit to be made, any unseemly or disturbing noises
or disturb or interfere with occupants of this or neighboring buildings or premises of those
having business with them whether by the use of any musical instrument, radio, talking
machine, unmusical noise, whistling, singing, or in any other way. No Tenant shall throw
anything out of the doors or windows or down the corridors or steps.
10. No inflammable combustible or explosive fluid, chemical or substance shall be
brought or kept upon the Demised Premises.
11. No additional locks or bolts of any kind shall be placed upon any of the doors,
or windows by Tenant, nor shall any changes be made in existing locks or the mechanism
thereof. The doors leading to the corridors or main halls shall be kept closed during
business hours except as they may be used for ingress and egress. Each Tenant, shall, upon
the termination of this tenancy, restore to Landlord all keys of stores, offices, storage, and
toilet rooms either furnished to, or otherwise procured by, such Tenant, and in the event of
the loss of any keys, so furnished, such Tenant shall pay to the Landlord the costs thereof.
12. All removals, or the canying in or out of any matter of any description must take
place during the hours which Landlord or its Agent may determine from time to tinie. The
Landlord reserves the right to inspect all freight to be brought into the Building and to
exclude from the Building all freight which violates any of these Rules and Regulations or
the Lease of which these Rules and Regulations are a part.
16
13. Any person employed by any Tenant to do janitor work within the Demised
Premises must obtain Landlord's consent and such person shall, while in the Building and
outside of said Demised Premises, comply with all instructions issued by the Superintendent
of the Building.
14. Landlord shall have the right to prohibit any advertising by any Tenant which, in
Landlord's option, tends to impair the reputation of the Building or its desirability as a
building for offices, and upon written notice from Landlord, Tenant shall refrain from or
discontinue such advertising.
17
EXHIBIT "C"
"BUilDING STANDARDS"
JEFFERSON CENTER
ROANOKE, VIRGINIA
Standard Work Provided by Landlord at Landlord's Cost and Expense.
Partitioning:
Partitions are to be of 3 5/8" steel studs and channel framing with 1/2" gypsum wall
board panels having no visible joints. Maximum partitioning allowance is (1) linear
foot for each twelve (12) square feet of space leased; including pro-rata part of
co=on areas of floor and 1/2 partitions between tenants.
Doors:
One (1) door with all necessary hardware and metal frames for each 250 square feet
of rentable area leased. Interior solid core oak veneer and suite entrance doors will
be solid oak veneer.
Telephone and Electrical Outlets:
One (1) duplex electric outlet per 100 square feet of rentable space and one (1)
telephone outlet for each 150 square feet of rentable space leased.
Painting:
All partitions, columns, interior doors and walls will be painted from a color selection
provided by Landlord. limit of one color per room.
Switches:
One (1) single pole light switch per room on partitions. Switches in open area will
be as code requires.
Floor Covering:
Lessor will provide 1/8" vinyl tile or carpet with four (4) inch vinyl cove base from
a selection of building standard tiles and bases.
Ceiling:
Suspended acoustic tile with exposed suspension system.
Window Coverings:
One inch white mini blinds on all windows at Tenants expense to be approved by
Landlord. (Tenant may choose to leave windows uncovered but before any drapes
or other coverings may be placed on windows Tenant must first have mini blinds in
place.)
18
Exhibit "C" (Cont'd)
"BUll.DING STANDARDS"
Lighting:
Fully recessed 2'X4' fluorescent light fixtures designed to provide adequate lighting
at desk level.
Exterior Door Lettering:
Landlord will provide the suite number using a building standard character. Tenant
is required to use the building standard lettering of the Landlord.
Floor Load:
Floors are designed for 50 pounds per square foot live load.
19
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
MARY F. PARKER
Oty Clerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #80-189-367
Ms. Sara C. Whitlock
4803 Eden Drive, N. W.
Roanoke, Virginia 24012
Dear Ms. Whitlock:
I am enclosing copy of Resolution No. 31946-040494 memorializing your sister, the
late Nell C. Irvin, a former General Registrar of the City of Roanoke and a long time
resident; and recognizing the contributions of Ms. Irvin to her fellow citizens.
Resolution No. 31946-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
I wish to express the sympathy of the Mayor and Members of the Roanoke City
Council, the City Manager and citizens of the City of Roanoke upon the passing of
Ms. Irvin.
Sincerely,
-1 -e ~.
~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
~-"
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room4S6
Roanoke, Virginia 2401 I
Telephone: (703) 981-2541
MARY F. PARKER
City Oerk
SANDRA H. EAKIN
Deputy City Oerk
April 7, 1994
File #80-189-367
Ms. Edna C. Weyhmann
1634 Hampton Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Weyhmann:
I am enclosing copy of Resolution No. 31946-040494 memorializing your sister, the
late Nell C. Irvin, a former General Registrar of the City of Roanoke and a long time
resident; and recognizing the contributions of Ms. Irvin to her fellow citizens.
Resolution No. 31946-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
I wish to express the sympathy of the Mayor and Members of the Roanoke City
Council, the City Manager and citizens of the City of Roanoke upon the passing of
Ms. Irvin.
Sincerely, R.
~ ~ -J. a...J..--
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
-~~:'"
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room 4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
MARYF.PARKER
aty Clerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #80-189-367
Ms. Mabel C. Stepp
c/o Ms. Edna C. Weyhmann
1634 Hampton Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Stepp:
I am enclosing copy of Resolution No. 31946-040494 memorializing your sister, the
late Nell C. Irvin, a former General Registrar of the City of Roanoke and a long time
resident; and recognizing the contributions of Ms. Irvin to her fellow citizens.
Resolution No. 31946-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
I wish to express the sympathy of the Mayor and Members of the Roanoke City
Council, the City Manager and citizens of the City of Roanoke upon the passing of
Ms. Irvin.
Sincerely, f)
"" ~ -I. f/ 4~f.-
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 1994.
No. 31946-040494.
A RESOLUTION memorializing Mrs. Nell Myree Coleman Irvin.
WHEREAS, the members of this Council have learned, with
sorrow, of the passing on March 18, 1994, of Mrs. Nell Myree
Coleman Irvin, a former General Registrar of the City of Roanoke
and long time resident;
WHEREAS, Mrs. Irvin was appointed General Registrar in 1955
and served in this Office until her retirement in 1972;
WHEREAS, as General Registrar, Mrs. Irvin demonstrated herself
to be a dedicated public official exemplifying attributes of
competence, fairness and loyalty to the best interests of the City
and its inhabitants and earning the highest respect of members of
City Council and citizens of this City;
WHEREAS, even after her retirement, Mrs. Irvin continued to
serve her fellow citizens by visiting and caring for elderly
persons in nursing homes and often registering large numbers of
elderly persons to vote; and
WHEREAS, this Council desires to take special note of the
passing of Mrs. Irvin and to pay respect to the memory of this
public official;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. City Council adopts this means of recording its deepest
regrets at the passing of Mrs. Nell Myree Coleman Irvin, a former
General Registrar of the City of Roanoke, and extends to Mrs.
Irvin's surviving next of kin, her sisters, Edna C. Weyhmann of
this City, Sara C. Whitlock of this City and Mabel C. Stepp, of
Memphis, Tennessee, the sympathy of this Council and that of the
citizens of this City whom she faithfully served.
2. The City Clerk is directed to forward an attested copy of
this resolution to Mrs. Irvin's surviving next of kin.
ATTEST:
City Clerk.
-w. Robert Herbert
April 7, 1994
Page 2
pc: The Honorable Marsha Compton Fielder, Commissioner of Revenue
The Honorable Gordon E. Peters, City Treasurer
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Willard N. Claytor, Director of Real Estate Valuation
William F. Clark, Director, Public Works
John R. Mar lies , Chief, Planning and Community Development
Ronald H. Miller, Building Commissioner
H. Daniel Pollock, Jr., Housing Development Coordinator
Phillip F. Sparks, Acting Chief, Economic Development
Charles A. Harlow, Acting Grants Monitoring Administrator
Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111
Franklin Plaza, Suite 230, Roanoke, Virginia 24011
r1'1--'
f:-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 1994.
No. 31944-040494.
A RESOLUTION to amend the 1993-1994 Final Statement of
Community Development Objectives and Projected Use of Community
Development Block Grant Funds and authorizing an agreement with
K.W. Poore and Associates, Inc. to provide the professional
services required in connection with preparing the strategic plan
for the Enterprise Communities Program.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City Manager or the Assistant City Manager is
authorized to amend the City's Final Statement of Community
Development Objectives and Projected Use of Community Development
Block Grant (nCDBGn) Funds, as required by the U.S. Department of
Housing and Urban Development, to reflect a change in the financial
administration and grant of CDBG funds for certain projects as more
specifically set forth in the City Manager's Report to this Council
dated April 4, 1994.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest respectively, an agreement between the City and K.W.
Poore and Associates to provide the professional services required
in connection with preparing the strategic plan for the Enterprise
Communities Program, such agreement to be in substantially the form
set forth in the City Manager's Report to this Council dated April
4, 1994, and approved as to form by the City Attorney.
ATTEST:
City Clerk.
.
: ~C-'.
(: !T'(
'94 I".R 31 P ~ .
Roanoke, Virginia
April 4, 1994
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Amendment to the Community Development Block Grant
(CDBG) Statement of Objectives and Recommendation
to Enter into an Agreement with a Professional
Service Firm to Coordinate citizen Participation
Process and Assist with Development of a Required
Strategic Plan for the Empowerment Zone and
Enterprise Communities Program.
I. Backqround:
A. Emoowerment Zone and Enterorise Communities Proqram was
announced in January, 1994, and is the central element of
the federal government's community revitalization agenda.
B. Communities selected for Enterprise Communities
designation will receive the following benefits:
1. Approximately $3 million in Empowerment Zonel
Enterprise Community Social Service Block Grant
funds (passed through the state) to assist in
implementation of approved activities identified in
the community's strategic plan.
2.
Eliqibilitv for new
intended to serve as
purchases of business
nominated area.
Tax Exempt Facility bonds
a tax incentive to finance
property and land within the
3. Soecial consideration in competition for funding
under numerous federal programs. In many cases,
special points, set-asides, or other opportunities
for special consideration will be provided to
designated communities.
4. Soecial attention from the federal government on
working cooperatively to overcome regulatory
impediments, to permit flexible use of existing
federal funds, and to meet essential mandates.
.
Members of Council
April 4, 1994
Page 2
5. Automatic desiqnation as a state Enterprise Zone
which offers state tax incentives to qualified
firms including state income tax credits,
unemployment credits, credits against state
franchise tax on net capital, and state sales tax
refunds.
C. Application reauires that a strategic plan for the
nominated area be prepared that includes: (1) an overall
vision for revitalization; (2) identifies how critical
concerns will be addressed in a coordinated fashion; (3)
describes how governmental, non-profit and private
resources will be used to support the plan; and (4)
describes how the plan will be implemented and evaluated.
D. Planninq process used to develop the plan must be citizen
driven and involve the participation of community
residents, neighborhood groups and organizations,
businesses, non-profit organizations, and local and state
government activities.
E. Required strateqic plan must be submitted to HUD by June
30, 1994. Commonwealth of Virginia must endorse City's
application, so City Council must approve and submit
application to state offices by June 7. 1994.
II. Current situation:
A. city Council. on March 14. 1994. authorized the City
Manager to submit a Notice of Intent to Participate to
HUD and to negotiate an agreement with, and recommend to
City Council, a professional service firm to coordinate
citizen participation and assist with development of the
required strategic plan. City Council also approved the
transfer of $50.000 from account no. 035 092 9230 5135 to
a new CDBG account which was established by the Director
of Finance.
B. Request for Proposals for professional services in
connection with Enterprise Communities program was
advertised on February 13, 1994. The firm of K. W. Poore
and Associates, Inc., based in Richmond, Virginia, was
recommended by a selection committee consisting of
citizens and agency staff (Attachment I).
C. Fundinq is available in CDBG account no. 035 092 9237
5250 (Enterprise Communities Program) and general fund
account no. 001 052 8110 2010 (Fees for Professional
.
Members of Council
April 4, 1994
Page 3
Services). Cost of required professional services will
not exceed $50.000.
D. Amendment to the City's Final Statement of Community
Development Obj ecti ves and proj ected Use of Community
Development Block Grant funds is required by HUD to
reflect the following changes:
1. Hotel Roanoke 108 Loan Pavrnent - to decrease the
CDBG funding by $40,000 (Attachment II).
2. Enterprise Communities Proqram - add a new program
activity to coordinate citizen participation and
prepare a strategic plan as required by the Urban
Empowerment and Enterprise Communities Program
(Attachment III).
E. Per HUD quidelines, citizens have been notified of and
have had the opportunity to comment on the proposed
changes in the above-referenced program.
III. Issues:
A. Cost to the City.
B. Funding.
C. Timing.
IV. Alternatives:
A. Authorize the citv Manaqer to amend the FY'93-94 CDBG
Final Statement of Objectives and Projected Use of Funds
and execute an agreement with K. W. Poore and Associates,
Inc. to provide the professional services required in
connection with preparing the strategic plan for the
Enterprise Communities Program.
1. Cost to the City will not exceed $50.000 ($40,000
in CDBG funds and $10,000 in general funds).
2 .
Fundinq is available in the CDBG account No.
092 9237 5250 (Enterprise Communities Program)
account no. 001 052 8110 2010 (Fees
Professional Services).
035
and
for
3. Timinq is critical. Required strategic plan must
be submitted to State for co-nomination by June 7,
1994, and to HUD by June 30, 1994.
i
Members of Council
April 4, 1994
Page 4
B. Do not authorize the Citv Manaaer to amend the FY'93-94
CDBG Final statement of Objectives and Projected Use of
Funds or execute an agreement with K. W. Poore and
Associates, Inc., to provide the required professional
services.
1. Cost to the city will be nothing.
2. Fundina would not be an issue.
3. Timina would not be an issue.
V. Recommendation:
It is recommended that City Council concur in Alternative A,
and authorize the city Manager to:
A. Amend the FY 1993-94 CDBG Final statement of Objectives
and Projected Use of Funds (Attachment II).
B. Execute an agreement with the firm K. W. Poore and
Associates, Inc. (Attachment IV).
ReSpeC~lY submitted,
~~rt H~11cl
city Manager
WRH:JRM:mpf
attachments
cc: Assistant City Manager
city Attorney
Finance Director
Director of Public Works
Grants Monitoring Administrator
Budget Administrator
Acting Chief of Economic Development
ATTACHMENT I
EMPOWERMENT ZONFJENTERPRISE COMMUNITIES PROGRAM
PROFFSSIONAL SERVICFS FIRM SELECTION COMMITI'EE
Eva Hughes, Northwest Neighborhood Environmental Organization
Martin Jeffrey, Total Action Against Poverty
John Stroud, Executive Director, Roanoke Regional Chamber of Commerce
Phillip Sparks, Acting Chief of Economic Development
John Marlles, Chief of Planning and Community Development
Neva Smith, Executive Director, Roanoke Redevelopment and Housing Authority
3/16/94
,.
TT
HUD ACTIVITY CATEGORY:
18 DIRECT ECON ASST TO FOR-PROFITS
ACTIVITY NAME:
Hotel Roanoke 108 Loan Payment
TOTAL
ESTIMATED
EXPENDITURE
, 993-94
PROJECTED REVENUE BY SOURCE
CDBG FUNDS
FY 93-94
PROG INCOME TRANSFER
PRIVATE
STATE
OTHER
TOTAL
REVENUE
CARRY-OVER
$409.317
$331,317
$78.000
$409,317
IMPLEMENTING AGENCY: Roanoke Redevelopment and Housing Authority
and City.
DESCRIPTION: These funds will pay the first repayment of
principal and interest for the Hotel Roanoke
section 108 Loan of $6,000,000. The loan
will be used toward the renovation of the
Hotel Roanoke, resulting in the creation of
400 jobs.
LOCATION: 19 North Jefferson Street.
BROAD NAT'L OBJECTIVE: Benefit to low and moderate income persons
through the creation of jobs.
REGULATORY CITATION:
24 CFR 570.701(i)
24 CFR 570.203(b)
SCHEDULE OF ACTIVITY:
Payments will be made semi-annually to HUD in
lump sum amounts in February and August of each
year.
ENVIRONMENTAL ISSUES:
Proceeds of the loan itself will potentially
impact a property which is eligible for the
National Register of Historic Places. A
Memorandum of Agreement has been executed with
the State Historic Preservation Office and the
National Advisory Council. Repayment of the
loan will have no effect on the environment.
A'l"l'A'TTT
f--
HUD ACTIVITY CATEGORY:
20 PlANNIlIG
ACTIVITY NAME:
1:1'I1_- __ COMIItNTE8 S'TRATEGIC PLAN
Total
ESTIMATED
EXPENDITURE
1993-94
PROJECTED REVENUE BY SOURCE
CDBG FUNDS
FY 93-94
PRIVATE
STATE
OTHER'
$50.000
$40.000
$10,000
TOTAL
REVENUE
$50.000
PROG INCOME
TRANSFER CARRY-OVER
IMPLEMENTING AGENCY:
City Department of Planning and Community Development.
DESCRIPTION:
The Empowerment Zone and Enterprise Communities Program
was announced in January, 1994, and is the central element of
the federal government's community revitalization agenda.
Application requires that a strategic plan for the nominated area
be prepared that includes: 1.) an overall vision for
revitalization; 2.)identifies how critical concerns will be
addressed in a coordinated fashion; (3.) describes how
governmental, non-profit and private resources will be used to
support the plan; and (4.) describes how the plan will be
implemented and evaluated. A professional service firm will be
hired to help coordinate the citizen participation process and
assist with development of required strategic plan.
LOCATION:
Census tracts: 7,8,9,10,11,12,13
BROAD NAT'L OBJECTIVE:
Not applicable for a planning activity.
REGULATORY CITATION:
24 CFR 570,205(a}
SCHEDULE OF ACTIVITY:
Activity will proceed without interruption.
BUDGET:
Citizen Participation Process
Research
Draft Plan
Progress Reports
Printing
$24,830
$5,200
$17,550
$2,015
$405
TOTAL
$50,000
REVENUE DETAIL:
. City General Funds - $10,000
ATTACHMENT IV
.^
AGREEMENT
made this
day of , 1994,
between the City:
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Virginia 24011
and the Consultant:
K. W. Poore & Associates, Inc.
10001 Patterson Avenue
Richmond, Virginia 23233
Whereas, Roanoke City Council approved by Resolution No.
on March 14, 1994, the recommendation to authorize the city
Manager to negotiate an agreement with a professional service firm
to coordinate the citizen participation process and to assist with
the development of a strategic plan associated with the Enterprise
Communities Program, and
Whereas, the Roanoke city Council on ,
reviewed and approved by Resolution No. , the execution of
an agreement between the city and the professional services firm of
K. W. Poore & Associates, Inc., (the "Consultant"),
NoW, therefore, the City and the Consultant do mutually agree
as follows:
A. Scope of Services:
The Enterprise Community Strategic Plan and Application
("Plan") will be developed by the Consultant in close
cooperation with City staff, the project Steering Committee,
the project Advisory Committee, and the general public. The
Plan will include all required elements as specified in the
Code of Federal Regulations, Volume 34 part 597, as published
January 18, 1994. Using a process that encourages community
involvement, the Plan will define the community visions for
the specified target area, strategies to achieve those
visions, and a detailed implementation plan. The approach for
preparation of the Plan will consist of the workshops, town
meetings and reports outlined below:
1. Initial public forum.
A publicly advertised forum will be held to brief
potential participants on the Enterprise Community
program; to explain the process for developing the
strategic plan; to describe topical subcommittees; and to
recruit volunteers to serve on an Advisory Task Force
subdivided into six to eight subcommittees. Additional
specialists and/or neighborhood leaders may be recruited
to serve.
.
K. W. Poore & Associates, Inc.
Page 2
2. Vision/strategies workshop of Advisory Task Force.
A meeting of the Advisory Task Force will be held
following small group discussion format to review
existing vision statements and strategies as recommended
in recent planning documents for Roanoke and the
enterprise community target area. Additions and
refinements will be made by the discussion groups.
Consultant will facilitate these group discussions with
assistance from City staff.
3. Three neighborhood "town meetings."
One public meeting will be held in each of the three City
quadrants affected by the enterprise communities target
area (Southeast, Southwest, and Northwest). These
meetings will be held in the "town meeting" format, where
attendees can present testimony to a panel comprised of
the project Steering Committee. The vision statements
and strategies developed at the earlier Advisory Task
Force meeting will be available for review and comment.
Consultant will record and take minutes of all testimony
given and compile in a report.
4.
Facilitation and guidance for up
subcommittees conducting an estimated
sessions each.
to eight (8)
three ( 3 ) work
Consultant will facilitate work sessions for the topical
subcommittees over a three week periOd. These work
sessions will result in an implementation plan for the
Plan including projects, budgets, proposed funding
sources, regulatory waivers needed, commitments for
implementation, and benchmarks for evaluation.
S. Research and consolidation of existing recent vision
statements and strategic plans.
Current, applicable vision plans will be reviewed, their
vision statements consolidated and focused to the target
area, and summarized in written form. Likewise, current
strategic plans will be reviewed and their
recommendations, strategies and projects consolidated in
written form for presentation to the Steering Committee,
the Advisory Task Force, and the community.
.
K. W. Poore & Associates, Inc.
Page 3
6. Illustrate current visions and strategies in display
format; subsequently edit those visuals and reduce as
appropriate for inclusion in the Plan.
From the city's vision '93 comprehensive plan, provide
eight drawings to represent ideas for community
evaluation and 16 drawings for the rest of the plans of
the background literature search, 24 drawings total.
Drawings will be plans or vignette perspectives, black
and white, some photo simulations may be substituted.
Format for review will be 24Ix36". All will be produced
to be reduced in publishing.
7. Draft Plan will be written in accordance with 24 CFR 597
and presented to the steering Committee and city Manager
by May 31, 1994. 200 copies of this draft will be
presented to the steering Committee for distribution.
8. A public presentation of the draft plan will be made on
June 2, 1994.
9. After review and comment by the steering Committee, City
Manager, and public, a Final Plan will be written, and 50
copies presented to the steering Committee for
distribution.
10. Coordination with state officials for Enterprise
community nomination process.
Two monthly progress reports will be submitted to the
state of Virginia in accordance with their requests.
These reports, as more fully detailed in documentation
from the state, will consist of the following:
April:
Vision, Values, Community Assessment,
Problems and Opportunities, Resources
Analysis, Priority Setting
May:
Goals and Objectives, Strategies; and
Work Program Implementation, Assessment
11. Weekly status reports will be made to the Chief of
Planning and community Development.
~
K. W. Poore & Associates, Inc.
Page 4
B. Time of Performance:
This Agreement shall be for the period of April 6, 1994,
through June 30, 1994. This Agreement may be extended with
the written consent of both parties.
C. Compensation and Methods of Pavrnent:
1. Total Cost. The total of all payments from the city to
the Consultant under the terms of this contract shall not
exceed $50,000, of which $40,000 will be provided by the
City's Community Development Block Grant Program,
including materials, expenses to the Consultant's
subcontractors, and any other allowable costs.
2. Subcontractors: The Consultant may use other private
subcontractors to perform work elements the Consultant is
not able to do, the cost to be paid to the subcontractors
under the terms of this contract.
3. Fees: Requests for payment shall be made monthly upon
completion of activities and receipt by the City's Chief
of Planning and Community Development of a completed
Request for Payment form (Attachment A) and a monthly
progress report which details the services provided by
Consultant and the hours attributed to each activity.
d.
e.
f.
g.
h.
i.
j.
a.
Initial public forum
$ 3,250
b.
Vision and strategies workshop of
Advisory Task Force
$ 3,380
$ 4,680
c.
Three neighborhood "town meetings"
Facilitation and guidance for
subcommittees
$13,520
Research existing recent vision
statements and strategic plans
$ 5,200
$ 6,500
$ 8,450
$ 2,600
Visuals
Draft Plan - 200 copies
Final Plan - 50 copies
Three monthly progress reports
to the state
$ 780
$ 1,235
Weekly status reports
~
K. W. Poore & Associates, Inc.
Page 5
k.
Printing
$
405
TOTAL
$50,000
Reimbursement of allowable expenses shall be paid to the
Consultant by the city within 15 working days from
receipt of invoice from the Consultant.
D. Compliance with Federal Requlations:
The Consultant agrees to abide by the HUD conditions for CDBG
programs as set forth in Attachment B and all other applicable
federal regulations relating to the specific programs
performed hereunder.
E. Conflict of Interest:
No employee, agent, consultant, officer or appointed official
of the Consultant who is in a position to participate in a
decision-making process or gain inside information with regard
to any Community Development Block Grant activities, may
obtain a personal or financial interest in or benefit from any
of the activities, or have an interest in any contract,
subcontract, or agreement with respect thereto, or in the
proceeds thereunder, either for themselves, their family or
business associates, during their tenure or for one (1) year
thereafter.
F. Hold Harmless Aqreement:
The Consultant shall hold the City, its officers, agents, and
employees harmless from any and all damages, losses, expenses
and claims that may arise by reason of any act or omission on
the part of the Consultant, its agents or employees, or on the
part of any party with whom the Consultant enters into a
contract for work performed pursuant to this Agreement.
The Consultant shall require any such subcontractor to hold
the Consultant and the City, its officers, agents, and
employees harmless from any negligence on the part of the
subcontractor, its agents or employees, or on the part of any
party with whom the Consultant enters into a contract for work
performed pursuant to this Agreement.
.
K. W. Poore & Associates, Inc.
Page 6
G. Third Partv Contracts:
The City shall not be obligated or liable hereunder to any
party other than the Consultant. All contracts between the
Consultant and a third party shall include a provision that
the City is not obligated or liable thereon to any party other
than the Consultant.
H. Cancellation Clause:
In the event either party should fail to carry out the
provisions and intentions of this Agreement and its
attachments, the other party may, by a written 10 day notice,
cause this contract to be cancelled. Likewise, should either
party determine that it cannot successfully carry out its
portion of the program, the Agreement may be cancelled with a
written 10 day notice to the other party. Such notices shall
be either delivered or mailed to the parties as follows:
1. In the case of the City, be addressed or delivered to
the:
City Manager
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
2 . In the case of the Consul tant, be addressed to or
delivered to the:
Kenneth W. Poore, Principal
K. W. Poore & Associates, Inc.
10001 Patterson Avenue
Richmond, Virginia 23233
In the event of such cancellation, projects underway or for
which the Consultant has made commitments to subcontractors
will be completed by the Consultant as otherwise provided in
this Agreement.
I . Amendments:
The city may, from time to time, require changes in the scope
of services to be performed hereunder. Such changes and any
other changes as mutually agreed upon by the City and the
Consultant, shall be incorporated in written amendment to this
Agreement.
In witness Whereof, the City and the Consultant have executed
this Agreement as of the date first above written.
.
Attest
Attest
Approved as to CDBG Eligibility
Approved as to Form
Assistant City Attorney
Approved as to Execution
Assistant City Attorney
K. W. Poore & Associates, Inc.
Page 7
City of Roanoke
W. Robert Herbert
city Manager
K. W. Poore & Associates, Inc.
Kenneth W. Poore
Principal
Director of Finance
Date:
Appropriation and Funds
required for this Contract
Certified Account #
/~;~
,
~-
-......- .
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21S Church Avenue, S.W., Room 4S6
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
MARY F. PARKER
City Clerk
SANDRA H. EAKIN
Deputy City Qerk
April 7, 1994
File #184-209-236-304-337-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31945-040494 authorizing execution of a sub-
lease agreement with the Jefferson Center Foundation, Ltd., for 2,003 square feet
of office space located at 540 Campbell Avenue, S. W., for use by the Office on
Youth and Office of Grants Compliance, for a term of five years commencing on
June 1, 1994 or upon completion of renovations, at a rental of $14,021.00 per year,
upon certain terms and conditions. Ordinance No. 31945-040494 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, April 4, 1994.
~~:; ~. p~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc: Beverly T. Fitzpatrick, Sr., Chairperson, Jefferson Center Foundation,
Ltd., 540 Campbell Avenue, S. W., Roanoke, Virginia 24016
Jane Stephenson, Executive Director, Jefferson Center Foundation, Ltd. , 540
Campbell Avenue, S. W., Roanoke, Virginia 24016
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Glenn D. Radcliffe, Director, Human Development
Marion V. Crenshaw, Youth Planner
Diane S. Akers, Budget Administrator, Office of Management and
Budget
Charles A. Harlow, Acting Grants Monitoring Administrator
~u
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 1994.
No. 31945-040494.
AN ORDINANCE authorizing the proper City officials to enter
into a sub-lease between the City of Roanoke and Jefferson Center
Foundation, Ltd. for use by the Office on Youth and Office of
Grants Compliance, upon certain terms and conditions, and providing
for an emergency.
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, with the Jefferson Center
Foundation, Ltd. or its successor in interest, a sub-lease for a
2,003 square foot office space located at 540 Campbell Avenue,
S.W., for use by the Office on Youth and Office of Grants
Compliance, for a term of five years, commencing June 1, 1994 or
upon completion of renovations, at a rental of $14,021.00 per year,
as more particularly set forth in the report of the Water Resources
Committee dated April 4, 1994. Such sub-lease shall contain such
other terms and conditions as are approved and required by the City
Manager.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
r'~rfT'r:'~
("'-:"',,t
\ I
Roanoke, Virginia
April 4, 1994
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Lease Agreement - Office on Youth and
Office of Grants Compliance
The attached report was considered by the Water Resources
Committee at its regular meeting on March 28, 1994. The
Committee recommends that Council authorize a 5-year sub-lease
between the City and the Jefferson Center Foundation, in a form
approved by the City Attorney, for a 2,003 square foot office
space at a cost of $7.00 per square foot, or $14,021.00 per year,
for the Office on Youth and the Office of Grants Compliance, in
accordance with conditions stated in the attached report.
Re?~:L:l:;~:1~
Elizabeth T. Bowles, Chairperson
Water Resources Committee
ETB:KBK:afm
Attachments
cc: City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Human Development
Manager, Management & Budget
Youth Planner, Office on Youth
Acting Grants Monitoring Administrator, Office of Grants
Compliance
Jane Stephenson, Manager/Executive Director, Jefferson
Center Foundation
DATE:
TO:
FROM:
SUBJECT:
CITY OF ROANOKE
Interdepartmental Communication
March 28, 1994
Me~be~s~ater Resources Committee
~R. Kiser, D~~;Ra~' utilities and Operations thru
W. Robert Herbe~"y Manager
Lease Agreement - Office on Youth and Office of Grants
Compliance
1. Backaround:
A. Cooperation between the Office on Youth and the
Office of Grants Compliance allowed for the joint
hiring in February, 1993 of an executive
secretarial position to be shared between the two
offices.
II. Current situation:
A. Current office space for the Office on Youth in
Municipal South is inadequate and does not allow
for a planning area, computer space, or a conducive
environment for conversations with citizens and
youth that regularly visit the office.
B. Current office space for the Office of Grants
Compliance in Municipal South is not adequate.
Grants Compliance is a four-person staff (plus the
secretarial position which is now located in the
Office on Youth), however, the area now occupied by
this department only has room for three offices.
C. Both offices are primarily funded from federal and
state arants for which the payment of office rental
is an eligible administrative expense.
D. The entire Municipal Complex has virtually no
flexibility in terms of office space assignment,
and a long term planning study is needed to
determine future office needs. In the interim, the
cost effective relocation of offices needs to be
pursued to provide operational flexibility and an
adequate work environment for our employees.
Page 2
E. Former Jefferson Hiah School has been leased by the
City to the Jefferson Center Foundation to renovate
and lease as office/public use space.
III.
Issues:
A. Need
B. Cost to citv
C. Fundina
IV. Alternatives:
A. Committee recommend to citv Council that it
authorize a 5-year sub-lease between the City of
Roanoke and the Jefferson Center Foundation for a
2,003 square foot office area at a cost of $7.00
per square foot, or $14.021.00 per year for five
years, to be occupied by the Office on Youth and
the Office of Grants Compliance. Sub-lease to be
effective on June 1, 1994, or upon completion of
renovation, and in a form approved by the city
Attorney. (A sample lease is attached for review.)
1. Need for additional office area of both
departments is met. The office suite contains
adequate office space as well as planning and
meeting areas that are badly needed.
2. Cost to citv will be approximately $1.092.00
in local match for the office space
(approximately 12' x 13' ) occupied by the
Office on Youth. The remainder of the rental
amount ($12,929.00) will be paid with
Community Development Block Grant (CDBG)
funds. The rate of $7.00 per square foot
includes the cost of renovation to suit the
renter's needs as well as ongoing utility and
maintenance costs and is extremely
competitive.
3. Fundina for the rent for the month of June,
1994 will be paid from Grants Compliance
account number 035-093-9315-3075, Other
Rental. Funding will be included in the
recommended CDBG and General Fund budgets for
Fiscal Year 1994-95 to pay the ongoing rental
costs. Funding for CDBG funds is renewed each
year.
Page 3
B. Committee not recommend to citv Council that it
authorize a 5-year sub-lease between the city of
Roanoke and the Jefferson Center Foundation for a
2,003 square foot office area to be occupied by the
Office on Youth and the Office of Grants
Compliance.
1. Need for additional office area is not met.
2. Cost to citv would not be an issue.
3. Fundina would not be an issue.
V. Recommendation: Committee recommend to City Council that
it authorize a 5-year sub-lease between the city and the
Jefferson Center Foundation, in a form approved by the
city Attorney, for a 2,003 square foot office space at a
cost of $7.00 per square foot, or $14.021.00 per year for
the Office on Youth and the Office on Grants Compliance
in accordance with Alternative "A".
KBK/WRH/mm
Attachment
cc: City Attorney
Director of Finance
Assistant City Manager
Director of Human Development
Manager, Management and Budget
Youth Planner, Office on Youth
Acting Grants Monitoring Administrator, Office of Grants
Compliance
Jane Stephenson, Manager/Executive Director, Jefferson Center
Foundation
~..~~
~",r"
LEASE
Between
JetYerson Center Foundation
and
Suite #_
Square Feet
540 Campbell Avenue
Roanoke, Virginia 24016
INDEX
LEASE
JEFFERSON CENTER FOUNDATION
ROANOKE, VIRGINIA
HEADING
Demised Premises
Term
Base Rent
Use of Demised Premises
Assignment and Subletting
Improvements
Maintenance by Tenant
Signs and Furnishings
Inspection
Insurance Rating
Tenant's Equipment
Indemnity
Service and Utilities
Insolvency or Bankruptcy of Tenant
liability of Landlord
Damage to the Demised Premises
Default of Tenant
Waiver
Subordination
Condemnation
Rules and Regulations
Covenants of Landlords
No Partnership
No Representations by Landlord
Brokers
Notices
Estoppel Certificates
Holding Over
Right of Landlord to Cure Tenant's Default
lien of Personal Property
Benefit and Burden
Gender and Number
Entire Agreement
Invalidity of Particular Provisions
Miscellaneous Additional Provisions
Exhibit A - Floor Plan of Suite
Exhibit B - Rules and Regulations
Exhibit C - Building Standards
2
PAGE
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3
3
3
4
4
5
5
5
6
6
7
7
7
8
9
9
10
10
10
10
11
11
11
11
12
12
13
13
13
13
13
15
16
19
6
6
12
LEASE
JEFFERSON CENTER
ROANOKE, VIRGINIA
THIS LEASE is made this
day of
. 19
by
JEFFERSON CENTER FOUNDATION, LID.
(hereinafter referred to as "Landlord"), and
(hereinafter referred to as "Tenant");
WITNESSETH
In consideration of the mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. DEMISED PREMISES Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord, for the term and upon the conditions hereinafter provided, that
certain space located at 540 Campbell Avenue, Roanoke, Virginia, Suite # consisting
of square feet as outlined in Exhibit A attached hereto and made a part hereof
(such space being hereinafter referred to as the "Demised Premises").
2. TERM the term of this Lease is for years and shall co=ence on
, 19_, 12:01 a.m. ("Commencement Date") and shall expire at 11:59
O'Clock p.m. , 19
3. BASE RENT Tenant shall pay as base rent for the Demised Premises the sum
of per year ($ ), payable in equal monthly
installments of ($ ). The first monthly installment
to be made upon date of occupancy of this Lease and shall be prorated if the occupancy
date is other than the first of the month, and the second and all subsequent montWy
payments to be made on the first day of each and every calendar month during the term
hereof, beginning with the second full month from the Co=encement Date. Tenant shall
pay rent to Landlord at Hall Associates Inc. 213 S. Jefferson St., Suite 1007 , Roanoke,
Virginia, 24011, or to such other party or at such other address as Landlord may designate
from time to time by written notice to Tenant, without demand and without deduction, set-
off or counterclaim. If Landlord shall at any tiroe or times accept said rent after it shall
become due and payable, such acceptance shall not excuse delay upon subsequent occasions,
or constitute, or be construed as, a waiver of any or all of Landlord's rights hereunder.
Checks should be made payable to Jefferson Center Foundation.
4. USE OF DEMISED PREMISES Tenant will promptly use and occupy the
Demised Premises following the Commencement Date, solely for the conduct of general
office and studio space and in accordance with the use permitted under applicable zoning
regulations. Tenant will not use or occupy the Demised Premises for any unlawful purpose,
and will comply with all present and future laws, ordinances, regulations, and orders of the
United States of America, State of Virginia, and any other public authority having
jurisdiction over the Demised Premises. Tenant, its employees, invitees and guests will have,
together with other tenants in the Building, access to and use of all common areas and
facilities of the Building, for and during such periods of tiroe as may be set forth in the
Rules and Regulations of the Building - including the use of any common unassigned
parking or any parking that may at any time be assigned to Tenant.
5. ASSIGNMENT AND SUBLETTING Tenant will not assign, transfer mortgage
or encumber this Lease or the Demised Premises without obtaining the prior written consent
of Landlord, nor shall any assignment or transfer of this Lease be effectuated by operation
of law or otherwise without the prior written consent of Landlord, which will not be
unreasonably withheld. Tenant may sublet or rent the Demised Premises or any portion
thereof only with the prior consent of the Landlord. In the event that Tenant defaults
hereunder, Tenant hereby assigns to Landlord the rent due from any assignee or subtenant
of Tenant and hereby authorizes each such subtenant to pay said rent directly to Landlord.
6. IMPROVEMENTS Tenant shall be free to make alterations, redecorations, or
iroprovements in and to the Demised Premises provided all such alterations, redecorations,
additions or iroprovements conform to all applicable Building Codes of the City of Roanoke;
and provided, further, that no such alteration, redecoration or iroprovement which may alter
or excessively load the structure of the Demised Premises will be made by Tenant without
the prior written consent of Landlord which consent shall not be unreasonably withheld or
delayed. If any mechanic's lien is filed against the Demised Premises, or real property of
which the Demised Premises is a part, for work claimed to have been done for, or materials
claimed to have been furnished to, Tenant, such mechanic's lien shall be discharged by
Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment
thereof or by filing any bond permitted by law. If Tenant shall fail to discharge any such
mechanic's lien, Landlord may, at its option, discharge the same and treat the cost thereof
as additional rent payable with the monthly installment of rent next becoming due; it being
hereby expressly covenanted and agreed that such discharge by Landlord shall not be
deemed to waive, or release, the default of Tenant in not discharging the same. It is
understood and agreed by Landlord and Tenant that any such alterations, decorations,
additions or iroprovements shall be conducted on behalf of Tenant and not on behalf of
Landlord, and that Tenant shall be deemed to be "owner" and not the "agent" of Landlord
for purposes of application of the Mechanic's Lien of Statutes of Virginia. It is further
understood and agreed that in the event Landlord shall give its written consent to Tenant's
making any such alterations, decorations, or iroprovements, such written consent shall not
deemed to be an agreement of consent by Landlord to subject Landlord's interest in the
Demised Premises, the Building or the real property upon which the Building is situated
to any mechanic's liens which may be filed in respect of any such alterations, decorations,
additions, or iroprovements made by or on behalf of Tenant. All alterations, decorations,
additions or iroprovements in or to the Demised Premises or the Building made by either
party shall remain upon and be surrendered with the Demised Premises as part thereof at
the end of the term hereof without disturbance, molestation or injury; provided, however,
that if Tenant is not in default in the performance of any of its obligations under this Lease,
Tenant shall have the right to remove, prior to the expiration or termination of the term of
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this Lease, all movable furniture, furnishings or equipment installed in the Demised
Premises at the expense of Tenant and if such property of Tenant is not removed by Tenant
prior to the expiration or termination of this Lease the same shall become the property of
the Landlord and shall be surrendered with the Demised Premises as a part thereof.
7. MAINTENANCE BY TENANT Tenant shall suffer no waste or injury to the
Demised Premises or the fixtures and equipment therein, and shall, at the expiration or
other termination of the term of this Lease, surrender up the Demised Premises in the same
order and condition in which they are on the Commencement Date, ordinary wear and tear
and damage by the elements, fire or other casualties excepted. Landlord, at its cost, shall
provide and install all original fluorescent tubes and light bulbs within the Demised
Premises necessary to provide the lighting, if any, required by this lease. All replacement
bulbs and tubes for such lighting, and all other bulbs, tubes and lighting fixtures for the
Demised Premises shall be provided and installed by Landlord at Tenant's cost and expense.
8. SIGNS AND FURNISHINGS No sign, on-site advertisement or notice shall be
inscribed, painted, affixed or displayed on any part of the outside or the inside of the
Building except on the directories and the doors of the offices, and then only in such place,
number, size, color and style as is approved by Landlord and provided by Landlord at
Tenant's cost and expense, and if such sign, advertisement or notice is nevertheless exhibited
by Tenant, Landlord shall have the right to remove the same and Tenant shall be liable for
any and all expenses incurred by Landlord by said removal. Landlord shall have the right
to prohibit any advertisement of Tenant which in its opinion tends to iropair the reputation
of the Building or its desirability as a high-quality building for offices or for financial,
insurance and other institutions of like nature, and upon written notice from Landlord,
Tenant shall immediately refrain from and discontinue any such advertisement. Landlord
shall have the right to prescribe the weight and position of safes and other heavy equipment
or fixtures, which shall, if considered necessary by the Landlord, stand on plank strips to
distribute the weight. Any and all damage or injury to the Demised Premises or the
Building caused by moving the property of Tenant into, in or out of the Demised Premises,
or due to the same being on the demised Premises, shall be repaired by, and at the sole cost
of, Tenant. No deliveries of any matter of any description will be received into the Building
or carried in the elevators except at entrances of the Building designated for this purpose.
All moving of furniture, equipment and other material shall be under the direct control and
supervision of Landlord who shall, however, not be responsible for any damage to or charges
for moving same. Tenant agrees promptly to remove from the sidewalks adjacent to the
Building any of the Tenant's furniture, equipment or other material there delivered or
deposited.
9. INSPECTION Tenant will permit Landlord, or its representative, to enter the
Demised Premises, without charge thereof to Landlord and without diminution of the rent
payable by Tenant, to examine, inspect and protect the same, and to make such alterations
and/or repairs as in the judgement of Landlord may be deemed necessary, or to exhibit the
same to prospective Tenants during the last one hundred twenty (120) days of the term of
this Lease.
10. INSURANCE RATING Tenant will not conduct or permit to be conducted any
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activity, or place any equipment in or about the Demised Premises, which will in any way,
increase the rate of fire insurance or other insurance as stated by any insurance company
or by the applicable Insurance Rating Bureau is found to be due to activity or equipment
in or about the Demised Premises, such statement shall be conclusive evidence that the
increase in such rate is due to such activity or equipment and, as a result thereof, Tenant
shall be liable for such increase and shall reimburse Landlord therefor.
11. TENANT'S EOUIPMENT Tenant will not install or operate in the Demised
Premises any electrically operated equipment or other machinery, other than electric
typewriters, adding machines, computers, radios, televisions, clocks, copying machines, fax
machines, small refrigerators, coffee pot, telephones and answering machines or the like
without first obtaining the prior consent of the Landlord, who may condition such consent
upon the payment by Tenant of additional rent in compensation for such excess consumption
of utilities and for the cost of additional wiring as may be occasioned by operation of said
equipment or machinery. Tenant shall not install any other equipment of any kind or
nature whatsoever which will or may necessitate any changes, replacements or additions to;,
or in the use of the water system, or electrical system of the Demised Premises or the
Building without first obtaining the prior written consent of Landlord. Business machines
and mechanical equipment belonging to Tenant which cause noise or vibration that may be
transmitted to the structure of the Building or to any space therein to such degree as to be
objectional to Landlord or to any Tenant in the Building shall be installed and maintained
by Tenant, at Tenant's expense, on vibration elimim.tors or other devices sufficient to
eliminate such noise and vibration.
12. INDEMNIlY Each party will indemnify and hold harmless the other from and
against any loss, damage or liability occasioned by or resulting from any default hereunder
or any negligent act on its part, its agents, employees, or invitee.
13. SERVICES AND UTILITIES It is agreed that Landlord will furnish heat and
air conditioning, during the seasons of the year when heat or air conditioning is required,
between the hours of 8:00 a.m. and 6:00 p.rn., Monday through Saturday, government
holidays excepted. It is agreed that Landlord will keep parking areas and sidewalks free and
clear of debris, Ice and Snow. Landlord will provide reasonably adequate electricity, water,
exterior window cleaning service and, on Tuesdays, Thursdays, and weekends only (except
government holidays), char and janitorial service after 6:00 p.m. Landlord will also provide
elevator service by means of automatically operated elevators on all regular elevators
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday (except government
holidays), and at least one (1) elevator on a twenty-four (24) hour basis at all times,
provided, however, that Landlord shall have the right to remove elevators from service as
the same shall be required for moving freight, or for servicing or maintaining the elevators
and/or the Building. It is also agreed that if Tenant requires air conditioning or heat
beyond the hours hereinabove set forth and provided arrangements are made with
Landlord's agent not less than twenty-four (24) hours in advance, Landlord will furnish such
air conditioning or heat and Tenant agrees to pay for the same with each montWy
installment of rent in accordance with the then current schedule of costs and assessments
therefore, which such schedules shall be published from time to tiroe by Landlord and
furnished to Tenant. Landlord shall maintain the public restrooms in the Building and shall
6
furnish, without charge therefore, all soap, paper towels, and toilet tissue necessary for the
efficient use of such rooms. It is understood and agreed that Landlord shall not be liable
for failure to furnish, or for delay or suspension in furnishing, any of the services (required
to be performed by Landlord) caused by breakdown, maintenance, repairs, strikes, scarcity
of labor or materials, act of God or from any other cause. Landlord shall make due repairs
expeditiously. For purposes of this Lease, a "government holiday" shall be determined by
reference to Public Law, as the same may be amended from tiroe to tiroe.
14. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or
Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an
involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and
the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt,
Landlord shall have the option of terminating this Lease upon such written notice being
given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end
and Landlord shall be entitled to immediate possession of the Demised Premises and to
recover damages from Tenant in accordance with the provisions of Article 17 hereof.
15. LIABILIlY OF LANDLORD Landlord shall not be liable to Tenant, its
employees, agents, business invites, licensees, customers, clients, family members, guests or
trespassers for any damage, compensation or claim arising from the necessity of repairing
any portion of the Building, the interruption in the use of the Demised Premises, accident
or damage resulting from the use or operation (by Landlord, Tenant, or any other persons
whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus,
or the termination of this Lease by reason of the destruction of the Demised Premises, or
from any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or
portion of the Demised Premises or the Building, or from water, rain or snow that may leak
into or flow from, any part of the Demised Premises or the Building, or from drains, pipes
or plumbing work in the Building, or from any other cause whatsoever. Any goods, property
or personal effects, stored or placed by Tenant in or about the Demised Premises or
Building, shall be at risk of Tenant, and Landlord shall not in any manner be held
responsible therefor. The employees of Landlord are prohibited from receiving any
packages or other articles delivered to the building for Tenant, and if any such employee
receives any such package or articles, such employee shall be the agent of Tenant and not
of Landlord.
16. DAMAGE TO THE DEMISED PREMISES If the Demised Premises shall be
partially damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitee, Landlord shall diligently and as soon as practicable after such damage
occurs (taking to account the time necessary to effectuate a satisfactory settlement with any
insurance company) repair such damage at expense of Landlord, provided, however, that if
the Building is damaged by fire or other cause to such extent that the Building is damaged
by fire or other cause to such extent that the damage cannot be fully repaired within ninety
(90) days from the date of such damage, Landlord or Tenant, upon written notice to the
other, may terminate this Lease, in which event the rent shall be apportioned and paid to
the date of such damage. During the period that Tenant is deprived of the use of the
damaged portion of Demised Premises, Tenant shall be required to pay rental covering only
7
that part of the Demised Premises that Tenant is able to occupy and the rent for such space
shall be that portion of the total rent which the amount of square foot area of the Demised
Premises. All injury or damage to the Demised Premises or the Building caused by Tenant,
or its agents, employees and invitee, shall be repaired by Landlord, and any cost so incurred
by Landlord shall be paid by Tenant, in which event such cost shall become additional rent
payable with the installment of rent next becoming due under the terms of this Lease.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
rent as aforesaid and/or as required by this Lease (although no legal or formal demand has
been made thereof), or shall violate or fail to perform any of the other conditions, covenant
or agreement on its part contained in this or any other lease of space in the Building, and
such failure to pay rent or such violation or failure shall continue for a period of ten (10)
days after the due date of such payment or after written notice of any such other violation
or failure to Tenant by Landlord, then and in any of said events this Lease shall, at the
option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of
such election to Tenant by Landlord, and if such failure to pay rent or such violation or
failure shall continue to the date set forth in such notice of termination, then this Lease
shall cease and termirtate without further notice to quit or of Landlord's intention to re-
enter, the same being hereby waived, and Landlord may proceed to recover possession
under and by virtue of the provisions of the laws of Virginia, or by such other proceedings,
including re-entry and possession, as may be applicable. If Landlord elects to terminate this
Lease everything herein contained on the part of Landlord to be done and performed shall
cease without prejudice, however, to the right of Landlord to recover from the Tenant all
rental accrued up to the tiroe of termination or recovery of possession by Landlord,
whichever is later. Should this Lease be terminated before the expiration of the term of this
Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon
without payment of rent the Demised Premises before the expiration or termination of the
term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon
such terms as are not unreasonable under the circumstances and if the full rental
hereinabove provided shall not be realized by Landlord, Tenant shall be Liable for all
damages sustained by Landlord, including without limitation, deficiency in rent, reasonable
attorney's fees, brokerage and leasing fees and expenses of placing the Demised Premises
in first class rental condition. Any damage or loss of rental sustained by Landlord may be
recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate
actions from time to time, as said damage shall have been made more easily ascertainable
by successive reletting, or at Landlord's option, may be deferred until the expiration of the
term of this Lease in which event the cause of action shall not be deemed to have accrued
until the date of expiration of said term. The provisions contained in this paragraph shall
not prohibit any claim Landlord may have against Tenant for anticipatory breach of the
unexpired term of this Lease. In the event that Tenant continues to occupy the Demised
Premises after the expiration of the term of this Lease, with the express or implied consent
of Landlord, such tenancy shall be from month to month and shall not be a renewal of the
term of this Lease or a tenancy from year to year. All right and remedies of Landlord
under this Lease shall be cumulative and shall not be exclusive of any other rights and
remedies provided to Landlord under applicable law.
18. WAIVER If under the provisions hereof Landlord shall institute proceedings and
8
a compromise and settlement thereof shall be made, the same shall not constitute a waiver
of any covenant herein contained nor of any of Landlord's rights hereunder. No waiver by
Landlord of any breach/of any covenant, condition or agreement herein contained shall
operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent
breach, thereof. No payment by Tenant or receipt by Landlord of a lesser amount than the
monthly installments of rent herein stipulated shall be deemed to be other than on account
of the earliest stipulated rent or shall any endorsement or statement on any check or letter
accompanying a check for payment of rent be deemed an accord and satisfaction, and
Landlord may accept such check or payment without prejudice to Landlord's right to recover
the balance of such rent or to pursue any other remedy provided in this Lease. No re-entry
by Landlord, and no acceptance by Landlord of keys from Tenant, shall be considered an
acceptance of a surrender of the Lease.
19. SUBORDINATION This Lease is subject and subordinate to the lien of all and
any mortgages (which term "mortgages" shall include both construction and permanent
financing and shall include deeds of trust and similar security instruments) which may now
or hereafter encumber or otherwise affect the real estate (including the Building) of which
the Demised Premises form a part, or Landlord's leasehold interest therein, and to all and
any renewals, extensions, modifications, recastings or refinancings thereof. In confirmation
of such subordination, Tenant shall, at Landlord's request, promptly execute any requisite
or appropriate certificate or other document. Tenant agrees that in the event that any
proceeding are brought for the foreclosure of any such mortgage, Tenant shall attorn to the
purchaser at such foreclosure sale, if requested to do so by such purchaser, and to recognize
such purchaser as the landlord under this lease, and Tenant waives the provisions of any
statues or rule of law, now or hereinafter in effect, which may give or purport to give Tenant
any right to terminate or otherwise adversely affect this Lease and the obligations of Tenant
hereunder in the event that any such foreclosure proceeding is prosecuted or completed;
provided, however that such attornment and recognition shall be conditioned upon Tenant's
receiving from such purchaser, reasonable assurances that Tenant may remain in quiet and
peaceable possession of the Demised Premises for the unexpired term at the rents herein
provided and that purchaser shall otherwise keep and perform all and several of the
covenants and conditions herein contained on the part of Landlord be kept and performed.
20. CONDEMNATION If any part of the building or a substantial part of the
common area of the Demised Premises shall be taken or condemned by any governmental
authority for any public or quasi-public use or purpose (including sale under threat of such
a taking), then the term of this lease shall cease and terminate as of the date when title
vests in such governmental authority, and the annual rental shall be abated on the date
when such title vests in such governmental authority. If less than a substantial part of the
common area of the Demised Premises is taken or condemned by any governmental
authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted
on the date when title vests in such governmental authority and the Lease shall otherwise
continue in full force and effect. Tenant shall have no claim against Landlord (or
otherwise) for any portion of the amount that may be awarded as damages as a result of any
governrnental taking or condemnation (or sale under threat of such taking or condemnation)
or for the value of any unexpected term of the Lease. For purposes of this Article 20, a
substantial part of the common area of the Demised Premises shall be considered to have
9
..
.
been taken if more than fifty percent (50%) of the Demised Premises are unusable by
Tenant and, if the Demised Premises are on more than one floor of the building, then this
Article shall apply as, if separate leases are made in respect of the Demised Premises on
each such floor.
21. RULES AND REGULATIONS Tenant, its agents and employees shall abide by
and observe the rules and regulations attached hereto as Exhibit B. Tenant, its agent and
employees, shall abide by and observe such other rules or regulations as may be
promulgated from tiroe to tiroe by Landlord, with copy sent to Tenant for the operation and
maintenance of the Building, provided that the same are in conformity with common
practice and usage in similar buildings and are not inconsistent with the provisions of this
Lease. Landlord shall not be liable to Tenant for violation of the same by any other
Tenant, its employees, agents, business invitee, licensees, customers, clients, family members,
or guests.
22. COVENANTS OF LANDLORD Landlord covenants that it has the right to make
this Lease for the term aforesaid, and that if Tenant shall pay the rental and perform all the
covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall,
during the term hereby created, freely, peaceably and quietly occupy and enjoy the full
possession of the Demand Premises without molestation or hindrance by Landlord or any
party claiming through or under Landlord.
23. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and Tenant,
or to create any other relationship between the parties hereto other than that of Landlord
and Tenant.
24. NO REPRESENTATION BY LANDWRD Neither Landlord nor any agent or
employee of Landlord has made any representations or promises with respect to Demised
Premises or the Building except as herein expressly set forth, and no rights, privileges,
easements or licenses are acquired by Tenant except as herein expressly set forth. Landlord
represents that the Demised Premises and the Building are in good and satisfactory
condition at the time of taking of possession. The Tenant, by taking possession of the
Demised Premises acknowledges the same.
25. BROKERS Landlord and Tenant each represent and warrant one to another
that except as herein set forth neither of them has employed any broker in carrying on the
negotiations relating to this Lease. Landlord shall indemnify and hold Tenant harmless, and
Tenant shall indemnify and hold Landlord harmless, from and against any claim or claims
for brokerage or other commission arising from or out of any breach of the foregoing
representation and warranty by the respective indemnitors.
26. NOTICES All notices or other communications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered mail,
return receipt requested, first class postage prepaid, (i) if to Landlord at 540 Campbell Ave.,
S.W. Suite 100, Roanoke, Virginia 24016 and if to Tenant at 540 Campbell Ave., S.W. Suite
229 Roanoke, Virginia 24016, unless notice of a change of address is given pursuant to the
10
provisions of this Article.
27. ESTOPPEL CERTIFICATES Tenant agrees, at any tiroe and from tiroe to time,
upon not less than five (5) days prior written notice by Landlord, to execute, acknowledge
and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified
and in full force and effect (or if there have been modifications, that the Lease is in full
force and effect as modified and stating the modifications), (ii) stating the dates to which
the rent and other charges hereunder have been paid by Tenant, (ill) stating whether or not
to the best knowledge of Tenant, Landlord is in default in the performance of any covenant,
agreement or condition contained in this Lease, and, if so, specifying each such default of
which Tenant may have knowledge, and (iv) stating the address to which notices to Tenant
should be sent pursuant to Article 26 hereof. Any such statement delivered pursuant hereto
may be relied upon by any owner of the Building, any prospective purchaser of the Building,
any mortgagee or prospective mortgagee of the Building or of Landlord's interest, or any
prospective assignee of any such mortgage.
28. HOLDING OVER In the event that Tenant shall not immediately surrender the
Demised Premises on the date of expiration of the term hereof, Tenant shall, by virtue of
the provisions hereof, become a Tenant by the month at the monthly rental in effect during
the last month of the term of this Lease, increased by (10%) percent, which said montWy
tenancy shall commence with the first day next after the expiration of the term of this Lease.
Tenant as a monthly tenant shall be subject to all of this Lease. Tenant as a monthly tenant
shall be subject to all of the conditions and covenants of this Lease. Tenant shall give to
Landlord at least sixty (60) days' written notice of any intention to quit the Demised
Premises, and Tenant shall be entitled to thirty (30) days' written notice to quit the Demised
Premises, except in the event of nonpayment of rent in advance or of the breach of any
other covenant by the Tenant, in which event Tenant shall not be entitled to any notice to
quit, the usual notice to quit being hereby expressly waived, notwithstanding the foregoing
provisions of this article, in the event that tenant shall hold over expiration of the term
hereby created, and if Landlord shall desire to regain possession of the Demised Premises
promptly at the expiration of the term of the Lease then at any time prior to Landlord's
acceptance of rent from Tenant as a monthly Tenant hereunder, Landlord, at its option, may
forthwith re-enter and take possession of the Demised Premises without process, or any
legal process in force in Virginia.
29. RIGHT OF LANDLORD TO CURE TENANT'S DEFAULT If Tenant defaults,
following notice and the cure periods described in this Lease, in the making of any payment
or in the doing of any act herein required to be made or done by Tenant, then Landlord
may, but shall not be required to, make such payment or do such act, and the amount of the
expense thereof, if made or done by Landlord with interest thereon at the annual rate of
one percent (1%) above First Union Bank N. A prime rate of interest as determined by
Landlord, in effect at and occurring from the first day of the first calendar month following
the date payment was made by Landlord, shall be paid by Tenant to Landlord and shall
constitute additional rent hereunder due and payable with the next monthly installments of
rent. The ma ldng of such payment or the doing of such act by Landlord shall not operate
to cure such default or to estop Landlord from the pursuit of any remedy to which Landlord
would otherwise be entitled. If Tenant fails to pay any installment of rent on or before the
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tenth (10th) day of the calendar month when such installment becomes due and payable,
Tenant shall pay to Landlord a late charge of five percent (5%) of the amount of such
installment and, in addition, such unpaid installment shall bear interest at the annual rate
of one percent (1%) above First Union Bank N. A prime rate of interest in effect at and
from the date such installment became due and payable to the date of payment thereof by
Tenant. Such late charge and interest shall constitute additional rent hereunder due and
payable with the next monthly installment of rent.
30. LIEN OF PERSONAL PROPERlY Landlord shall have a lien upon all the
personal property of Tenant moved into the Demised Premises, as and for security for the
rent and other Tenant obligations heretofore provided. In order to perfect and enforce said
lien, Landlord may at any tiroe after default in the payment of rent or default of other
obligations, seize and take possession of any and all personal property belonging to Tenant
which may be found in and upon the Demised Premises. Should Tenant fail to redeem the
property so seized, by payment of whatever sum may be due Landlord under and by virtue
of the provisions of this Lease, then and in that event, Landlord shall have the right, after
ten (10) days' written notice to Tenant of its intention to do so, to sell such property so
seized at public or private sale and upon such terms and conditions as to Landlord may
appear advantageous, and after the payment of all proper charge incident to such sale, apply
the proceeds thereof to the payment of any balance due on account of rent or other
obligations as aforesaid. In the event there shall then remain in the hands of Landlord any
balance realized from the sale of said property, as aforesaid, the same may be retained by
the Landlord and applied against occurring rents or paid over to or for the account of
Tenant.
31. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns. Landlord may freely and fully assign its interest
hereunder.
32. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the singular number,
in any place or places herein which the context may require such substitution.
33. ENTIRE AGREEMENT This Lease, together with Exhibits A, B and C attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties not
contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not
be modified, changed or terminated in whole or in part in any manner other than by an
agreement in writing duly signed by both parties hereto.
Exhibit A - Floor plan of Suite
Exhibit B - Rules and Regulations
Exhibit C - Building Standards
34. INV ALIDIlY OF PARTICULAR PROVISIONS - If any provision of this Lease
12
or the application thereof to any person or circumstances shall to any extent be invalid or
unenforceable, the remainder of this Lease, or the application of such provisions to persons
or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each provision of this Lease shall be valid and be enforced to the
fullest extent permitted by law.
35. MISCELLANEOUS ADDITIONAL PROVISIONS
INSURANCE TO BE MAINTAINED BY TENANT: The Tenant shall maintain at its
expense, throughout the term, and all extension thereof, insurance against loss for
liability in connection with bodily injury, death, property damage, personal injury and
destruction, occurring within the premises or arising out of the use thereof by the
Tenant or its agents, employees, officers or invitees, visitors and guests under one or
more policies of general public liability insurance having such limits as are
reasonable required by Landlord from time to tiroe (but in any event of not less then
$2,000,000.00 general aggregate, $2,000,000.00 products-comp/ops aggregate,
$2,000,000.00 personal and advertising injury, $50,000.00 each occurrence, $50,000.00
fire legal liability [anyone fire], and $5,000.00 medical expense [anyone person]).
All liability policies shall name the Jefferson Center Foundation, Ltd., and the City
of Roanoke, its officers, Agents, and employees as Additional Named Insureds. Such
policies shall be issued by a company with a Best's rating of "An or better and a
financial class rating of VIII or better as rated by AM. Best Company. All policies
shall contain a provision providing for a least sixty (60) days prior written notice to
the Landlord and/or Landlord's agent. Tenant shall provide, on an annual basis, a
Certificate of Liability Insurance as set forth above. The Certificate of Insurance so
issued shall also contain the sixty (60) day cancellation provision.
If Tenant shall not comply with its covenant to maintain insurance as provided
herein, Landlord may, at its option, cause insurance as aforesaid to be issued and,
in such event, Tenant shall promptly pay when due the premiums for such insurance
as additional rent hereunder.
Landlord and Tenant have each executed this Lease under seal on the day and year
hereinabove written.
Landlord
JEFFERSON CENTER FOUNDATION
By
Title
Tenant
13
By
Title
14
EXHIBIT "B"
RULES AND REGULATIONS
The following rules and regulations have been formulated for the safety and well-
being of all the Tenants of the Building. Strict adherence to these rules and regulations is
necessary to guarantee that each and every tenant will enjoy a safe and unannoyed
occupance in the Building. Any repeated or continuing violation of these rules and
regulations by Tenant after notice from Landlord, shall be sufficient cause for termination
of this Lease at the option of Landlord.
The Landlord may, upon request by Tenant, waive the compliance by such Tenant
of any of the foregoing rules and regulations, provided that (i) no waiver shall be effective
unless signed by Landlord or Landlord's authorized agent, (ii) any such waiver shall not
relieve such Tenant from the obligation to comply with such rule or regulation in the future
unless expressly consented to by Landlord, and (ill) no waiver granted to any Tenant shall
relieve any other Tenant from the obligation of complying with the foregoing rules and
regulations unless such other Tenant has received a similar waiver.
1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways,
corridors or halls or other parts of the Building not occupied by any Tenant shall not be
obstructed or encumbered by any Tenant or used for any purpose other than ingress and
egress to and from the Demised Premises. Landlord shall have the right to control and
operate the public portions of the Building, and the facilities for the common use of the
Tenants, in such manner as Landlord deems best for the benefit. of the Tenants generally.
No Tenant shall permit the visit to the Demised Premises of persons in such numbers or
under such conditions as to interfere with the use and enjoyment by other Tenants of the
entrances, corridors, elevators and other public portions or facilities of the Building.
2. No awnings or other projections shall be attached to the outside walls of the
Building without the prior written consent of the Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed,
painted or affixed by any Tenant on any part of the outside or inside of the Demised
Premises or building without the prior consent of the Landlord. In the event of the violation
of the foregoing charge the expense incurred by such removal to the Tenant or Tenants be
inscribed, painted, or affixed for each Tenant by the Landlord at the expense of such
Tenant, and shall be of a size, color and style acceptable to the Landlord.
4. No show cases or other articles shall be put in front of or affixed to any part of
the exterior of the Building, nor placed in the halls, corridors or vestibules without the prior
written consent of the Landlord.
15
5. The water and wash closets and other plumbing fixtures shall not be used for any
purpose other than those for which they were constructed, and no sweepings, rubbish, rags,
or other substances shall be thrown therein. All damages resulting from any misuse of the
fixtures shall be borne by the Tenant who, or whose servants, employees, agents, visitors or
licensees, shall have caused the same.
6. There shall be no defacing any part of the Demised Premises or the Building. No
boring, cutting or stinging of wires shall be permitted. Tenant shall not construct, maintain,
use or operate within the Demised Premises or elsewhere within or on the outside of the
Building, any electrical device, wiring or apparatus in connection with a loud speaker system
or other system.
7. No bicycles, vehicles or aniroals, birds or pets of any kind shall be brought into
or kept in or about the premises, and no cooking of food shall be done or permitted by any
tenant on said premises except for employee consumption. No Tenant shall cause or permit
unusual or objectionable odors to be produced upon or permeate from the Demised
Premises.
8. No space in the building shall be used for manufacturing, for the storage of
merchandise, goods or property of any kind at auction.
9. No Tenant shall make or permit to be made, any unseemly or disturbing noises
or disturb or interfere with occupants of this or neighboring buildings or premises of those
having business with them whether by the use of any musical instrument, radio, talking
machine, unmusical noise, whistling, singing, or in any other way. No Tenant shall throw
anything out of the doors or windows or down the corridors or steps.
10. No inflammable combustible or explosive fluid, chemical or substance shall be
brought or kept upon the Demised Premises.
11. No additional locks or bolts of any kind shall be placed upon any of the doors,
or windows by Tenant, nor shall any changes be made in existing locks or the mechanism
thereof. The doors leading to the corridors or main haIls shall be kept closed during
business hours except as they may be used for ingress and egress. Each Tenant, shall, upon
the termirtation of this tenancy, restore to Landlord all keys of stores, offices, storage, and
toilet rooms either furnished to, or otherwise procured by, such Tenant, and in the event of
the loss of any keys, so furnished, such Tenant shall pay to the Landlord the costs thereof.
12. All removals, or the carrying in or out of any matter of any description must take
place during the hours which Landlord or its Agent may determine from time to tillie. The
Landlord reserves the right to inspect all freight to be brought into the Building and to
exclude from the Building all freight which violates any of these Rules and Regulations or
the Lease of which these Rules and Regulations are a part.
16
13. Any person employed by any Tenant to do janitor work within the Demised
Premises must obtain Landlord's consent and such person shall, while in the Building and
outside of said Demised Premises, comply with all instructions issued by the Superintendent
of the Building.
14. Landlord shall have the right to prohibit any advertising by any Tenant which, in
Landlord's option, tends to iropair the reputation of the Building or its desirability as a
building for offices, and upon written notice from Landlord, Tenant shall refrain from or
discontinue such advertising.
17
EXHIBIT "C"
"BUilDING STANDARDS"
JEFFERSON CENTER
ROANOKE, VIRGINIA
Standard Work Provided by Landlord at Landlord's Cost and Expense.
Partitioning:
Partitions are to be of 3 5/8" steel studs and channel framing with 1/2" gypsum wall
board panels having no visible joints. Maxiroum partitioning allowance is (1) linear
foot for each twelve (12) square feet of space leased; including pro-rata part of
common areas of floor and 1/2 partitions between tenants.
Doors:
One (1) door with all necessary hardware and metal frames for each 250 square feet
of rentable area leased. Interior solid core oak veneer and suite entrance doors will
be solid oak veneer.
Telephone and Electrical Outlets:
One (1) duplex electric outlet per 100 square feet of rentable space and one (1)
telephone outlet for each 150 square feet of rentable space leased.
Painting:
All partitions, columns, interior doors and walls will be painted from a color selection
provided by Landlord. Limit of one color per roorn.
Switches:
One (1) single pole light switch per room on partitions. Switches in open area will
be as code requires.
Floor Covering:
Lessor will provide 1/8" vinyl tile or carpet with four (4) inch vinyl cove base from
a selection of building standard tiles and bases.
Ceiling:
Suspended acoustic tile with exposed suspension systern.
Window Coverings:
One inch white mini blinds on all windows at Tenants expense to be approved by
Landlord. (Tenant may choose to leave windows uncovered but before any drapes
or other coverings may be placed on windows Tenant must first have mini blinds in
place.)
18
Exhibit "C" (Cont'd)
"BUILDING STANDARDS"
Lighting:
Fully recessed 2'X4' fluorescent light fixtures designed to provide adequate lighting
at desk level.
Exterior Door Lettering:
Landlord will provide the suite number using a building standard character. Tenant
is required to use the building standard lettering of the Landlord.
Floor Load:
Floors are designed for 50 pounds per square foot live load.
19
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
MARY F. PARKER
Gty Clerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #80-189-367
Ms. Sara C. Whitlock
4803 Eden Drive, N. W.
Roanoke, Virginia 24012
Dear Ms. Whitlock:
I am enclosing copy of Resolution No. 31946-040494 memorializing your sister, the
late Nell C. Irvin, a former General Registrar of the City of Roanoke and a long time
resident; and recognizing the contributions of Ms. Irvin to her fellow citizens.
Resolution No. 31946-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
I wish to express the sympathy of the Mayor and Members of the Roanoke City
Council, the City Manager and citizens of the City of Roanoke upon the passing of
Ms. Irvin.
Sincerely,
-1 -e ~.
~~
Mary F. Parker, CMCI AAE
City Clerk
MFP: sm
Enc.
.....-;--~-,-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
MARYF.PARKER
City Clerk
SANDRA H. EAKIN
Deputy City Oerk
April 7, 1994
File #80-189-367
Ms. Edna C. Weyhmann
1634 Hampton Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Weyhmann:
I am enclosing copy of Resolution No. 31946-040494 memorializing your sister, the
late Nell C. Irvin, a former General Registrar of the City of Roanoke and a long time
resident; and recognizing the contributions of Ms. Irvin to her fellow citizens.
Resolution No. 31946-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
I wish to express the sympathy of the Mayor and Members of the Roanoke City
Council, the City Manager and citizens of the City of Roanoke upon the passing of
Ms. Irvin.
Sincerely, R
~~~. ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
.".--.-.
/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2lS Church Avenue, S.W., Room4S6
Roanoke, Virginia 24011
Telephone: (703) 98l-2S4l
MARYF.PARKER
City Clerk
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1994
File #80-189-367
Ms. Mabel C. Stepp
c/o Ms. Edna C. Weyhmann
1634 Hampton Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Stepp:
I am enclosing copy of Resolution No. 31946-040494 memorializing your sister, the
late Nell C. Irvin, a former General Registrar of the City of Roanoke and a long time
resident; and recognizing the contributions of Ms. Irvin to her fellow citizens.
Resolution No. 31946-040494 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 4, 1994.
I wish to express the sympathy of the Mayor and Members of the Roanoke City
Council, the City Manager and citizens of the City of Roanoke upon the passing of
Ms. Irvin.
Sincerely, /)
"" ~ -J f'" ~I.. L
Mary F. Parker, CMC/AAE
City Clerk
MFP;sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 1994.
No. 31946-040494.
A RESOLUTION memorializing Mrs. Nell Myree Coleman Irvin.
WHEREAS, the members of this Council have learned, with
sorrow, of the passing on March 18, 1994, of Mrs. Nell Myree
Coleman Irvin, a former General Registrar of the City of Roanoke
and long time resident;
WHEREAS, Mrs. Irvin was appointed General Registrar in 1955
and served in this Office until her retirement in 1972;
WHEREAS, as General Registrar, Mrs. Irvin demonstrated herself
to be a dedicated public official exemplifying attributes of
competence, fairness and loyalty to the best interests of the City
and its inhabitants and earning the highest respect of members of
City Council and citizens of this City;
WHEREAS, even after her retirement, Mrs. Irvin continued to
serve her fellow citizens by visiting and caring for elderly
persons in nursing homes and often registering large numbers of
elderly persons to vote; and
WHEREAS, this Council desires to take special note of the
passing of Mrs. Irvin and to pay respect to the memory of this
public official;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. City Council adopts this means of recording its deepest
regrets at the passing of Mrs. Nell Myree Coleman Irvin, a former
General Registrar of the City of Roanoke, and extends to Mrs.
Irvin's surviving next of kin, her sisters, Edna C. Weyhmann of
this City, Sara C. Whitlock of this City and Mabel C. Stepp, of
Memphis, Tennessee, the sympathy of this Council and that of the
citizens of this City whom she faithfully served.
2. The City Clerk is directed to forward an attested copy of
this resolution to Mrs. Irvin's surviving next of kin.
ATTEST:
City Clerk.