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Home My WebLink AboutCouncil Actions 10-16-95WHITE 32681 REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER October 16, 1995 3:00 p. rrr AGENDA FOR THE COUNCIL 1. Call to Order -- Roll Call. All present. The Invocation was delivered by The Reverend Robert Watts, Pastor, Greene Memorial Methodist Church. The Pledge of AHegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Remarks of the Mayor with regard to "March of a Million Men" (Agenda Item C-2) and the diversity issue (Agenda Item 3.c.). The City Manager was requested to reln.~tate the Community Relations Task Force. Council Member White requested information with regard to composition of the task force and the method of appointment of additional members. File #11-110-132-175-411 Welcome. Mayor Bowers. ANNOUNCEMENTS: Public hearings will be conducted at the 7:00 p.m., session of City Council. PRESENTATIONS: Presentation of 1995 Silver Hatter Awards. Mayor David A. Bowers; Robert W. Hicks, Director, Office of Environmental Health Services, Commonwealth of Virginia; and William G. Shires, Environmental Health Manager, Roanoke City Health Department. File #22-80 e CONSENT AGENDA C-1 C-2 (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of City Council held on Monday, August 14, 1995, and Monday, August 28, 1995. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. A joint communication fi.om Coun(fl Members Delvis O. McCadden and William White, Sr., with regard to the "March ora Million Men" on October 16, 1995, in Washington, D. C. RECOMMENDED ACTION: Receive and file. File # 11-80-87-132-411 2 C-3 Qualification #fR. Matthew Kennell, as a member of the Roanoke Arts Commission for a term ending June 30, 1998. RECOMMENDED ACTION: Receive and file. File #15-110=230 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: a# do Presentation of the annual report of Downtown Roanoke, Inc. Robert C. Lawson, Jr., President, Spokesperson. (15 minutes) Received and filed. File #109-277 Request to address Council with regard to the issue of housing. Joel A. Kelly, Spokesperson. (5 minutes) The remarks were received and filed, and the City Manager was requested to ask a member of his staff to brief Mr. Kelly on the City's efforts in regard to housing issues. File #178 Request to address Council with regard to "Diversity Enriches" billboards. Henry Scholtz, Spokesperson. (5 minutes) Withdrawn. File 066-107 Request to address Council with regard to concerns relating to the Public Works Department. James A. Ct#an, Spokesperson. (5 minutes) The matter was referred to the City Manager for investigation. File 066-183-184 OTHER HEARINGS OF CITIZENS: None. 4. PETITIONS AND COMMUNICATIONS: a# A communication fi.om T. L. Plunkett, Jr., Attorney, requesting that Council schedule a public hearing for Monday, October 23, 1995, at 3:00 p.m., on the request of Comachi Corporation to amend a certain condition relating to the closure #fa portion of Baker Avenue, N. W. Concurred in the request. File #514 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A briefing with regard to Citizen Appreciation Day which was held on September 23 at Valley View Mall. (8 minutes) Received and filed. File 087-455 ITEMS RECOMMENDED FOR ACTION: A report recommending authorization to file a Vir~nia Enterprise Zone Apphcation. Adopted Resolution No. 32681-101695. (7-0) File 079-159-2;t6-266-450-488 A report recommending execution of a change order for water and sewer facilities with the Virginia Department of Transportation in connection with the Peters Creek Road Extension project; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32682-101695 and Ordinance No. 3268;t-101695. (7-0) File #20-27-60-18}-330-468-514 4 A report recommending execution of an engineering services contract with Mattem & Craig, Inc., in the amount of $98,500.00, in connection with three bridge replacement projects; appropriation of funds in connection therewith; and adoption of a resolution indicating the City's intent to reimburse itself from general obligation bond proceeds. Adopted Budget Ordinance No. :12684-101695 and Resolution Nos. 32685-101695 and 32686-101695. (7-0) File #53-60-102-1821-217-223-514 A report recommending execution of a City-State Agreement for roadway widening and reali~tmment from Orange Avenue, N. W. to Salem Avenue, S. W., in connection with the Second Street/Gainsboro Road project; appropriation of funds in connection therewith; and adoption of a resolution indicating the City's intent to reimburse front-fnnding with bond proceeds. Adopted Budget Ordinance No. 32687-101695 and Resolution Nos. ;}2688-101695 and 212689-101695. (7-0) File #20-521-57-60-77-102-216-217-277-468-514 A report recommending appropriation of $562,537.00 to various accounts to provide funds for purchase of Capital Maintenance and Equipment Replacement Program items. Adopted Budget Ordinance No. 212690-101695. (7-0) File #5-212-60-67-121-1221-1821-188-270-277-2161-425-467-472 A report recommending authorization to purchase an on-line Purchasing System consisting of soft:ware, training and expenses, in the amount of $131,250.00, and computer hardware and related equipment, in the amount of $101,350.00, from American Management Systems, Inc.; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 212691-101695 and Resolution No. 212692-101695. (7-0) File #1-45-60-270-280-2101-467-472 A report recommending acceptance of a grant for the Roanoke City Health Depa~h~ent f~om the Bureau of Sexually Transmitted Disease/Aids, Virginia Department of Health, in the amount of $35,500.00, to provide funds for continuation of a health counselor position; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32693-101695 and Resolution No. 32694-101695. (7-0) File #22-60-72-184-236-357 6. REPORTS OF COMMITTEES: A report of the bid committee recommending execution of a unit price contract with Aaron J. Conner, General Contractor, Inc., in the amount of $194,418.00, for the Peters Creek Sewer Replacement Project PC-6A; appropriation of funds in connection therewith; and execution of the necessary agreement with Norfolk and Western Railway Company. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32695-101695 and Ordinance No. 32696-101695. (7-0) File #2%58-60-183-223-330-472 A report of the bid committee recommending award of a lump sum purchase order to Harris Office Furniture Co., Inc., in the amount of $86,855.00, for providing interior furnishings for the Roanoke City Jail Annex. Council Member Wilham White, Sr., Chairperson. Adopted Resolution No. 32697-101695. (7-0) File #121-123-472 Co A report of the bid committee recommending award of a lump sum contract to Capital Boiler Works, Inc., in the amount of $113,900.00, for chiller replacement in the Municipal South Building. Council Member William White, Sr., Chairperson. Adopted Ordinance No. 32698-101695. (7.0) File #209-472 7. UNFINISHED BUSINESS: None. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 32661, on second reading, amending and reordaining Section 32-108, Tax_na_ver's return - Generally, and subsection (5) of Section 32-108.1, Proration of personal property_ tax generally, of Article m, Tax on Tan~ble Personal Property_ Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for the filing by exception for personal motor vehicle tax returns and to provide that motor vehicle tax returns shall be filed thirty days from date of purchase of a new vehicle, and such tax paid within sixty days of purchase date; and providing for an effective date. Adopted Ordinance No. 32661-101695. (7-0) File #24-34-79-106-163 A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. Adopted Resolution No. 32699-101695. (7-0) File #1%132 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. The City Attorney was requested to prepare the proper measure expressing the sympathy of Council at the passing of James L. Trinlde. File #80-132-367 A motion to conduct regular meetings of the City Council on the first Monday at 12:30 p.m., and 7:00 p.m., respectively, and the third Monday at 12:30 p.m., was tabled pending further discussion. File #132 7 10. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Reappointed the following persons: Industrial Development Authority Margaret Baker File #15-110-207 Donald C. Harwood Robert B. Manetta File #15-110-249 Reginald P. Church File #15-32-110 James W. Stephens File #15-110-192 Architectural Review Board Architectural Review Board Board of Building Code Appeals, Building Construction Division Roanoke Civic Center Commission At 5:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER October 16, 1995 7:00 p.m. AGENDA FOR THE COUNCIL 1. Call to Order == Roll Call. Vice-Mayor Edwards was absent. The invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. WELCOME: PUBLIC HEARINGS: Public hearing on the request of Allen H. and June W. Camper that an undeveloped portion of Stephenson Avenue, S. W., beginning at its intersection with Wildwood Road and nmning for a distance of approximately 210 feet, to its intersection with Longview Avenue, S. W., be permanently vacated, discontinued and closed. Allen H. Camper, Spokesperson. Adopted Ordinance No. 32700-101695 on first reading. (5-0, Council Member Parrott abstained from voting.) File #514 9 Public hearing on the request of Sonshine Christian Education Ministries, Inc., that a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive and Mart Street, designated as Official Tax No. 2270223, be rezoned from RS-3, Residential Single Family District, to C-I, Office District, subject to certain conditions proffered by the petitioner. Keith Somers, Administrator, Spokesperson. Adopted Ordinance No. 32701401695 on first reading. (6-0) File 051 Public hearing on the request of MH&C Partnership that a parcel of land located on Hershberger Road, N. W., containing approximately 10,720 square feet and identified as Official Tax No. 2280802, be rezoned from C-I, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Roger D. Cannaday, Partner, Spokesperson. Denied. File #51 Public hearing on the proposed issuance of $4,400,000.00 in Virginia Pubhc School Authority bonds to finance certain capital projects for school purposes. Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools. Adopted Resolution No. 32702-101695. (6-0) File #53-217-467 Public heating with regard to the proposed adoption of an ordinance authorizing the City to contract a debt and issue general obligation bonds in the principal mount of $8,300,000.00 to finance the costs of the following public improvement projects of and for the City: Interstate Highway 1-581 Intemhange - $5,000,000.00, City Jail Expan.qion - $2,300,000.00, and City Employee Parking Facilities - $1,000,000.00. W. Robert Herbert, City Manager. Adopted Ordinance No. 32703 on first reading. (6-0) File #20-53-77-121-123-184-467 l0 OTHER HEARINGS OF CITIZENS: Ms. Barbara N. Duerk, a member of the City Planning Commission, advised that in most instances land which is found to be free and clear following a rifle search reverts to adjacent property owners upon approval by Council of street and alley closings. She expressed concern that the City may be giving away valuable land, and suggested that recommendations be submitted to Council in regard to other alternatives to address the matter. File//24-200-514 Appointed Council Member White as a Commissioner of the Hotel Roanoke Conference Center Commission. File #15-110-247-258 City Clerk's Office City of Roanoke, Virginia October 26, 1995 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32661-101695 Resolution No. 32681-101695 Budget Ordinance No. 32682-101695 Ordinance No, 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32690-101695 Budget Ordinance No. 32691-101695 Resolution No. 32692-101695 Budget Ordinance No. 32693-101695 Resolution No. 32694-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 Resolution No. 32699-101695 Resolution No. 32702-101695 W. Robert Herbert October 26, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, V~rginie October 26, 1995. James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32661-101695 Resolution No. 32681-101695 Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32690-101695 Budget Ordinance No. 32691-101695 Resolution No. 32692-101695 Budget Ordinance No. 32693-101695 Resolution No. 32694-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 Resolution No. 32699-101695 Resolution No. 32702-101695 James D. Grisso October 26, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32661-101695 Resolution No. 32681-101695 Ordinance No. 32683-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Resolution No. 32688-101695 Resolution No. Resolution No. Resolution No. Ordinance No. Resolution No. Ordinance No. Resolution No, Resolution No. 32689-101695 32692-101695 32694-101695 32696-101695 32697-101695 32698-101695 32699-101695 32702-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32661-101695 Resolution No. 32681-101695 Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32690-101695 Budget Ordinance No. 32691-101695 Resolution No. 32692-101695 Budget Ordinance No. 32693-101695 Resolution No. 32694-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 Resolution No. 32699-101695 Resolution No. 32702-101695 Diane S. Akers October 26, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32693-101695 Resolution No. 32694-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, V~rginia October 26, 1995 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32690-101695 Resolution No. 32697-101695 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, V~rginia October 26, 1995 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32681-101695 Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32690-101695 Budget Ordinance No. 32691-101695 Resolution No. 32692-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 The abovereferencad measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. , City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the followi.ng measures that pertain to your directorate: Resolution No. 32681-101695 Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32690-101695 Budget Ordinance No. 32691-101695 Resolution No. 32692-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Ellen S. Evans Construction Cost Technician Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Engineering Department: Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995, If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32684-101695 Resolution No. 32685-101695 Resolution No. 32686-101695 Budget Ordinance No. 32690-101695 Budget Ordinance No. 32691-101695 Resolution No. 32692-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoko, V~rginia October 26, 1995 William L. Stuart, Manager Streets and Traffic Roanoke, Virginia Dear Mr. Stuart: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32682-101695 Ordinance No. 32683-101695 Budget Ordinance No. 32687-101695 Resolution No. 32688-101695 Resolution No. 32689-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. pc: Robert K. Bengtson, Traffic Engineer City Clerk's Office City of Roanoke, Virginia October 26, 1995 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measure that pertains to your department: Resolution No. 32681-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Phillip F. Sparks Acting Chief Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measure that pertains to your department: Resolution No. 32681-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measure that pertains to your department: Resolution No. 32681-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 The Honorable Marsha C. Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32661-101695 Resolution No. 32681-101695 Budget Ordinance No. 32695-101695 Ordinance No. 32696-101695 Resolution No. 32697-101695 Ordinance No. 32698-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoka, Virginia October 26, 1995 The Honorable W. Alvin Hudson Sheriff Roanoke, Virginia Dear Sheriff Hudson: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32690-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 James A. McClung, Manager Fleet and Solid Waste Management Roanoke, Virginia Dear Mr. McClung: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32690-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 M. David Hooper, Chief Police Department Roanoke, Virginia Dear Mr. Hooper: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32690-101695 The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Nelson M. Jackson, Manager Building Maintenance/Custodial Services Roanoke, Virginia Dear Mr. Jackson: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32690-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Wanda L. Reed, Manager Emergency Services Roanoke, Virginia Dear Ms. Reed: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32690-101695 The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Kenneth S. Cronin, Manager Personnel Department Roanoke, Virginia Dear Mr. Cronin: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32693-101695 Resolution No. 32694-101695 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 William X Parsons Assistant City Attorney Roanoke, Virginia Dear Mr. Parsons: I am attaching copy of the following measure that pertains to the City Attorney's Office: Resolution No. 32702-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not. hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 Gordon E. Peters City Treasurer Roanoke, Virginia Dear Mr. Peters: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F, Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. r, City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995' Patsy A. Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995- The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Viqinia October 26, 1995. Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995. Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia October 26, 1995- Michael Meise Acting Law Librarian Roanoke, Virginia Dear Mr. Meise: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995 The Honorable Roy B. Willett, Ch. ief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measure that pertains to the Circuit Court: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia October 26, 1995. The Honorable Julian H. Raney, Jr., Chief Judge The Honorable George W. Harris, Jr., Judge The Honorable John L. Apostolou, Judge The Honorable Vincent A. Lilley, Judge The Honorable William D. Broadhurst, Judge General District Court Roanoke, Virginia Dear Judge Raney, Judge Harris, Judge Apostolou, Judge Lilley and Judge Broadhurst: I am attaching copy of the following measure that pertains to the General District Court: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Offioe City of Roanoke, Virginia October 26, 1995. The Honorable Joseph M. Clarkd, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge The Honorable Joseph P. Bounds, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson, Judge Trompeter and Judge Bounds: I am attaching copy of the following measure that pertains to the Juvenile and Domestic Relations District Court: Ordinance No. 32661-101695 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. SEF.-19'9$(TUE) I0:52 P. O02 AOENDA FOR SILFER LATTER AWARDS October 16, 1995, 3=00 PM Roanoke City Council Chambers Roanoke, Virginia Bill Shires Express appreciation to the Mayor, City Council and participantS. Recognize the participants and health department staff. (2 Minutes) Bob Hicks Overall explanation of the Silver Platter Award (why established, pilot localities, etc.) (5 Minutes) Mayor Bowers & Bill Shires Presentation of the awards. Presented by the Mayor as I introduce the winner. (? Minutes) F~_P-19-1995 10:35 P. 02 SEP.-19'951TUE) 10:32 P. O03 SIL~R P~ER 1995 Parker's Seafood Res=aurant Raleigh Court Health Care Cen~er The Park~Oak Grove The Roanoker Restauran~ D. J.'s ~rassarie Chi Chi's Mexican Restaurant Brandon Oaks Roanoke Airport Marriott Morrison's The Olive Garden Red Lobster SEP.-19'9$(TUE} 10:$$ P, 004 SILVER PLATTER 1995 CERTIFICATES Texas Steak House Kenny Rogers Roasters Kenny Rogers Roasters Shakers Spinnakers Awful Arthurs The Jefferson Club - Valley View - Towers Hunters Grill SEP-19-1995 10: 35 9~/~ P. 84 SEP,-22'951FRI) 15:59 COMMONWEALTH of V/R(iINIA Roanoke CiO~ Healtk Department 515 EIGHTH STREET, S.W. ENV~ONaUNT~. HbLTH Dn~ON ROANOKE. VI~KHNm 24816 (s~! am'-7~e3 (FAX) ~40~ (703) 857-76~0 OFFICE LOQATIOM: ~ I~E AVE HW CONTACT ~u(SON$: KAREN CHA~LF..f, Ti MYERS P. FAX (s~0) 8S1'-~087 FOR IMMEDIATE RE*r. EASE Silver Platter Award W~u~ners .a--ounced Roanoke, Virginia, 19 outetanding restaurants in the Roanoke City Health District will receive the firstAnnual Silver Platter Award for their high standards of sanitation and food safety. The awards are sponsored by the Virginia Department o£ Health (VDH). Goals of the Silver Platter Awards are to reduce the incident of foodborne illness, while reducing ~he number of inspections and ultimately enforcement costs for VDH and taxpayers. "The Silver Platter Awards publicly recognize restaurants committed to excellence in food handling and preparation,,, ~aid Dr. Mo11¥ Rutledge. Roanoke City Health Department will present 11 pla~ues and 8 eert~f~e,tes O~ participation suitable ~or display, to all awardees. Winners are encouraged to d/splay their awards and use =hem in advertisements. "The awards are expected to let the p~blic know about a restaurant's excellence in food protection," explained Hutledge. The awards will be presented aC che Roanoke Ci=y Council Chamber, October 16, 199~, at 3:00 PM, - MOPE - SEP-22-1995 16: ~ 9~,~. P. W2 SEP,-22'95{FRI) 16:00 P. 005 - PA~E 2 The Silver Platter Awards spotlight food service fact!i~ies which voluntarily institute Hazard Analysis Control Point (HACCP) programs. The HACCP approach targets preventing foodborne illness instead of recalling foods after problems have begun. Until the use of HACCP, recalling bad food products was the accepted practice. ~J~CCP is a process that involves self- discipline and enables restauranteurs to identify hazards and take their own corrective action. Together health officials and each participa/%t designed a food protection program for their respective minimum health code requirements. ~ACCP was created in the early 1970s by the Pillsbury Company for NASA (National Aeronautics and Space Administration). Preventing foodborne illness during space missions was the catalyst for developing HACCP. With its creation came the philosophy and practice of effectively executing food preparation and storage. "Using this approach, spoilage and harmful organisms would not thrive or be combined in foods and jeopardizs the consumer's health," stated Rutledge. Interest in the Silver Platter Awards Program has been high. In the participating Fairfax, Henrico and Roanoke areas, a total of 70 establishments, which include restaurants, quick-food shops, public schools and government cafeterias will receive 1995 Silver Platter Awards. Twenty-£ive establishments will receive certificates of participation. The benefits of the Silver Platter Awards are many. Most important is that the likelihood of food-borne illness is reduced. The Silver Platter Awards program provides an avenue for meeting the business goals of the food service industry while providing the - MO~ - SEP-~-1995 16:03 96Z SEP.-22'95(FRI) 16:00 P. 004 - PAGE 3 - highest levels of food safety possible. Total N. mher Of Silver Platter Plaque Wi~e~: 70 Henrico: 12 Roanoke: 11 Fairfax: 47 Total N,,w~er of Silver Platter Certificate of Participatio~ Wi--era= 25 Henrico: 3 Roanoke: 8 Fairfax: 14 Henries County's Silver Platter Award W{n-ers: The Olive Garden, Health-South Medical Center, Hyatt-Richmond, Mathew's Caf-Eli, Ukrop's-Brook Run, Ukrop's-The Village, Ukrop's-Fountain Square, Ukrop's-Westpark, Li'l Dino's Subs, Morrison's Cafeteria, Henrico County Employee Cafeteria, and Piccadilly Cafeteria. Roaxioke City Silver Platter Award W~--ers! Red Lobster, The Olive Garden, Chi-Chi's Mexican Restaurant, Roanoke Airport Marriott, Parkers Seafood Restaurant, Morrison's, Brandon Oaks, The Park-Oak Grove, Raleigh Court Health Care Center, DJ's Brasserie, and The Roanoker Restaurant. Fair,ax County SAlver Platter Award W{-ners: Hunan Kitchen, Annandale High School, tho tho Chinese To You, Oak Hill Elementary School, Woodley Hills Elementary School, Markham Elementary School, Roy Rogers-Belleview Boulevard, Roy Rogers-8860 Richmond Highway, Roy Rogers-?696 Richmond Highway, Roy Rogers-Manchester Boulevard, Freddie Mac Food~Foodservice, Hot Shopes Cafeteria Potomac School, Terra Centre Elementary School, Fairfax County School Board Administration Cafeteria, Fairfax Court Subway, Arby's-Fair Oaks Mall, Gloucester Building Food Service, Hazelton Cafeteria, EDS Food Service, Herndon Intermediate School, Herndon Elementary School, Petitbon'sAmericanGrill and Bar, Marshall Road Elementary School, Chesapeake Bagel Bakery-Chain Bridge Road, Edison High - MORE - SEP-~-1995 16:0~ 96X P. 04 SEP.-22'951FRI) 16:00 P. O05 - PAGE 4 School, Port of Italy, Honey Baked Nam Company-Franconia Road, BDG Designs, Timberlane Elementary School, McDonald's-Gallows Road, Stenwood Elementary School, Victor's Pizzeria, Ravensworth Elementary School, Clyde's of Reston, Fairfax County Government Center, Union Mill Elementary School, Ormond Stone International, Virginia Run Elementary School, Westfields Conference Center, Wakefield Forest Elementary School, Keene Mill Road Elementary School, Gunston Elementary School, Poncho's Tax-Max, Newington Forest School, Franklin Subway, and Diet To Go. Henri~o County Silver Pl&tter Certi£icate o~ W_~R~]ugF=~ Zero's & Daddy Jack's, Ginter Hall West, and Ukrop's~ Staple~ Mill. Roanoke City Silver Platter Certi£~cate Awful Arthurs, Hunters Grill, Spinnakers. Shakers. Texas Steak House, Jefferson Club. Kenny Rogers Roasters-Valley View, Kenny Rogers Roasters-Towers. Fan,fax County Silver Platter Cerciflcat~ of ParticiDati+~ Winners~ Bugaboo Creek Stake House, Hunan D'Lite ~xpress. Ruby Tuesday-Metrotech Drive, Cafe Renee, Stafford Building Food Service, Mick's Restaurant, Guest Services Corporate Cafeteria, Kimberly'a Deli. Hard Times Cafe, NEC America, Eposito's Italian Restaurant, Mama's Italian Restaurant, Clyde's of Tysons Corner, Fairhill Elementary School. Contact~ Barbara Hardy, Environmental Health Services Fa£r£ax county Health De~artmen~ Phone (703) 246-220~ Contact= Mike Campbell, Envir~-~ntal Health Services Henri~o County Health Depar~men~ Phone (804) 672-4522 SEP.-22'95{FR}) 16:01 P, O06 Ro~oke City Health Dep&r~t (540) 246-2205 SISP-22-i995 ~6: 04 92X P. l~, MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-254I SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #11-110-132-175-411 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of remarks of Mayor David A. Bowers with regard to "March of a Million Men" and the diversity issue, which items were before the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. You were requested to reinstate the Community Relations Task Force, and to provide information with regard to composition of the Task Force and the method of appointment of additional members. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Remarks of Mayor Bowers with regard to the Million Man March and diversity issue at the regular meeting of the Council of the City of Roanoke on Monday, October 16. Ladies and Gentlemen, I wanted to discuss, with the pleasure of Council, before we begin the formal meeting, in particular the Consent Agenda, two items that are on our agenda today. I am specifically referring to the item involving the Million Man March and the item regarding the diversity issue. First of all, let me say that I do have correspondence from Bishop Light indicating that the matter involving the diversity issue will be withdrawn from Council's agenda. On both of these matters, I think the Council will probably take action only to receive and file both correspondences. Having said that, I thought it might be wise, and after discussions with the Members of Council, that something perhaps ought to be said from this podium about what really are broader concerns, not only for this community, but also for our Nation. Given the news over the last week or two about certain racial divisions in our country, which none of us want to see, which none of us shall seek to encourage, we must be about the business, whether you are a community leader, a government leader, the media, or a citizen, to encourage the dialogue among many different citizens in our community and in our Nation, bringing together and the coming together of our citizens. It doesn't really matter, I don't think, whether Council votes one way or the other on some of these issues, whether we endorse one thing or another. It's really not addressing the problem by just our endorsement or our vote. I don't know if that's really addressing greater social concerns that, I think, are in some ways causing all of us to question what America is about these days. Let me say that I don't believe there's any question that the City of Roanoke is resolved to respect all individuals of any race, of any sex, of any creed, or of any color. I think it is safe to say also that the City of Roanoke is resolved to standing against any form of discrimination. We want to do the right thing, we want to do the positive thing; and as these issues come forward, it's with that in mind that City Council, I think, in our government, should seek to be facilitators in a community-wide dialogue to continue this effort that is obviously constant democratic, and I use that as a little "d", "democratic," effort in our democracy. It's the citizens effort to bring our citizens together. I must tell you when I go to the public high schools these days, I'm pleased to see in schools where I once went to a segregated school in the City of Roanoke, I'm pleased to see 25 years later, young people of many nationalities. In fact during the last year, the Members of City Council and I took an informal listing and we came up with over 25 known nationalities that now live in our City. It's not just white and black anymore, we are the whole spectrum of nationalities and colors here in Roanoke. We have become, over the last 25 years, not just a segregated society, but in some ways an integrated and cosmopolitan society. We have a long way to go, but we've come a long way. So to those who are from Lebanon, Vietnam, Greece or from Turkey, those who are from China or Japan, or those who are of black origin in this country or native Amedcan odgin, and those of us who are Irish or German, or of other white nationalities, we all must seek to live among ourselves in peace, harmony and understanding. I think that's the approach, ladies and gentlemen, that is a sensitive approach to these issues, these social issues that are gripping this nation more so than really our community at this time. It seems to be more of a national interest, than here in Roanoke. But let's not forget that we're part of a nation and that we need to do our part, too. I think, and I submit to you, Members of Council, that fair-minded, reasonable, moderate citizens can agree on the principles that I've suggested to you today. We have this diversity issue that will be withdrawn from Council. I will merely ask that the matter be received and filed. We also have the Million Man March, and I know that perhaps I'll invite Members of Council to speak on either of these issues or anything that I've said in just a moment. The Million Man March can be a very positive influence in our country. We do not endorse any kind of anti- Semitic, anti-Catholic, anti-white, or anti-woman positions endorsed by anyone, in any march. But, we want to be a part of, and we want to contribute to, and we want to support those things that are positive in our Nation and positive in our community. As a facilitator, as we look at this issue, I think again, not with that greater concern of any divisiveness in Roanoke, because as I see it, I don't really see that much of it. But in the nation at-large, I do. I still think Roanoke should do its part, and so I would like to ask Council to join me in requesting that the City Manager reformulate the Community Relations Task Force. That's an organization that has served adhoc from time to time to deal with such issues here in our community, and perhaps it is appropriate that they come forward again to discuss these issues, or any other issues dealing with human relations in our community, and report back. We may not be able to solve the nation's problems from this level, but we can certainly do what we can to address our own concerns. Thank you for allowing me to say that, Members of Council; and I'd be pleased to recognize any Member of Council for any further comments. 2 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 DAVID A. BOWERS Mayor The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia October 16, 1995 Council Members: Elizabeth T. Bowles John S. Edwards Dclvis O. "Mac" McCaddcn John H. Parrott William White, Sr. Linda F. Wyatt Dear Members of Council: Today is a day unprecedented in American history. America's African-American men are marching on Washington today, in order to enlighten themselves as to their responsibilities to their families, to their community, and to their country. We share with them in this march. We believe that it is time that Africen-American men in this country accept the responsibility in which they have made themselves a party to. Although we cannot be with them, we gladly join with them and hope that this day does help awaken America's African-American men. As we deliberate in our session today, we think about all those who are not with us today, and have made the sacrifice of helping to insure that America's African-American youth grow up to be responsible adults, helping to lead us into the 21st century. We were elected to serve all of Roanoke City, and we do so today, though we are thinking about our brothers who are marching in Washington, and those who are at home today helping to shock America's African-American communities into responsibility. At this time, we ask that you join with us in a moment of silence, in support of this day and its historical value. We thank you for your support in this matter, and for the opportunity to share with you a few moments in this historical day. Sincerely, De Council Member William White, Sr. Council Member DOM:WWsr.:sm MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 October 18, 1995 SANDRA H. EAKIN Deputy City Clerk File #15-110-230 Richard C. Maxwell, Chairperson Roanoke Arts Commission P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Maxwell: This is to advise you that on. September 25, 1995, R. Matthew Kennell qualified as a member of the Roanoke Arts Commission for a term ending June 30, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Stephanie M. Moon, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, R. Matthew Ksnnell, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 1998, according to the best of my ability. So help me God. Subscribed and sworn to before me this .-~ day of,-~)-~ 1995. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK September 22, 1995 OFFICERS AND DIRECTORS JOHN Y/, L~MBERT, JR. John I.amt~fl ~soeiates /jb Mary F. Parker City Clerk 215 Church Avenue Municipal Building, Room 456 Roanoke, VA 24011-1536 Dear Mary, It is time again for Downtown Roanoke Incorporated to make our annual report to City Council. We request that time be made available to make a presentation to Council during their October 16th meeting at 3 PM. Robert C. Lawson, Jr., President of our Board of Directors, would like to have fifteen minutes for brief remarks and a 10 minute slide show presentation. I hope this meets with your approval. Should you have any questions, please contact me at 342-2028. Sincerely, R. Matthew Kennell cc: Robert Lawson DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 (540) 342-2028 · FAX (540) 344-1452 ANNIVERSARY MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, October 16, 1995, Mr. H. Joel Kelly addressed Council with regard to housing issues. You were requested to instruct a member of your staff to bdef Mr. Kelly on the City's efforts to date in regard to housing. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Mr. H. Joel Kelly, 3038 Melrose Avenue, N. W., Apartment No. 927, Roanoke, Virginia 24017 William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner Committee for Lesbian and Concerns October 16, 1995 The Honorable David Bowers, Mayor City of Roanoke On behalf of the Rev. Gene Edmunds and the Committee for Lesbian and Gay Concerns, I would like to withdraw the presentation of our petition from the October 16 City Council docket. Due to family emergencies and out of town cormnitments, our supporters are unavailable to present and explain th~ petition at this meeting. We will contact the Clerk regarding the rescheduling of this matter. Thank you. Sincerely, A. Heath Light Chair, CLGC Gene B. Edmunds Associate Pastor 1837 GRANDIN ROAD, S.W ROANOKE, VIRGINIA 24015 (703) 343-5541 , ~ PETITION TO ROANOKE CITY COUNCIL In response to Lamar Advertising's decision to prevent the placement of "Diversity Enriches~ billboards by citizens seeking to reduce prejudice and hatred in our midst, we ask our City Council to: 1. Individually and collectively issue public statements forcefully reaffirming that the City's diversity does indeed enrich our civic life. Consider the monopolistic control of Lamar Advertising over political and civic billboard campaigns in the area and it's ability to unduly and negatively impact the civility of our city. · SCIENCE & SOCIETY Gay rights issues bust out all over At the Supreme Court and everywhere else Wrhen it comes to court cases, nothing quite generates the fire and passion of civil rights cases. In the term that begins next Monday, the Supreme Court will con- sider a case that has implications far be- yond the particulars of Colorado's con- stitutional amendment that bans legal treat gays are breaking out all over the place. It also sets the tone for a court session in which other major cases on voting rights and punitive damages will also come up (story, Page 74). In the Colorado case, the arguments are stark. Gays say all they want is the right to fight for civil rights on a level loud. Demonstrators protest the Colorado amendment that bars civil rights protections for gays. protections for gays and lesbians. A de- cision by the largely conservative court upholding the ban would give a green light to countless other jurisdictions where similar bans are likely to be con- sidered. But a decision overturning'the ban would "force this culture to affirm and accept homosexuality," says oppo- nent Kevin Tebedo, executive director of Colorado for Family Values. It is the most heralded case ever in- volving gay rights to make it to the top court, and oral arguments will take ]0. That showdown will be staged against a backdrop where bat- tles over how American society will playing field. Colorado's amendment not only would remove any protections that would keep gays from being fired, evicted or refused services. II also would require amending the state's Constitulion again before any new laws protecling gays could be enacted. "There is no more fun- damental right than the right of citizens to parlicipate fully in the political proc- ess," argues Suzanne Goldberg, an attor- neyworking on the case at Lambda Lega! Defense and Education Fund. Groups ranging from the NAACP Legal Defense and Educational Fund to the Episcopal Church to the Arc (formerly the Association for Retarded Citizens) have filed briefs in opposition to the amendment. "It affects the civil rights of a distinct group in this case, but it could be another group in the fu- ture,'' warns Leigh-Ann Miyasato of the Japanese American Citizens League. But Colorado's supporters say the ban was adopted fairly by 53 percent of the state's voters in a referendum. Overturning it would allow any losers in the legislature to create "all sorts of le- gal havoc," says California Attorney General Dan Lungren. He worries about defending Proposition 187, the California voter initiative denying bene- fits to illegal immigrants. The court's decision, which will come later in the term, will be especially closely watched because of ali the fer- ment over gay rights: · Gays in the mllltar/. Two federal courts have split on the govern- ment's "don't ask, don't tell" policy, which allows gays to remain in the mil- itary if they do not men- tion or act upon their ho- mosexuality. In March, a federal judge in New York struck down the policy as a violation of gays' free speech and equal-protection rights; in June, a federal judge in Alexandria, Va., up- held the policy as consti- tutional. A likely show- down in the high court seems inevitable in the next term or two. · Gay marriage. A grow- ing number of cities and businesses recognize "domestic partners" and grant them some of the benefits of marriage, but gay marriage is not legal anywhere in the United States. A case filed by three gay couples in Ha- waii may change that. A favorable ruling in 1993 by the Hawaii Supreme Court has legal experts pre- dieting that the state will legalize gay marriage by 1997. The possibility already has set offbattles in several state legisla- tures, because states recognize mar- riages performed in other states. Utah passed a ban on gay marriage this year, while a bill in South Dakota failed to pass. Alaska has a bill pending. l Gay families. Several states have been struggling with custody disputes involv- ing gays. For instance, the Virginia Su- preme Court ruled last April that sexual orientation can be a basis for denying child custody or visitation. But a Wiscon- · SCIENCE & SOCIETY sin judge this summer granted visitation righ s to the nonbiological parent of a child from a same-sex couple who spt up. With gays having their own children, states are still split over legal recognition of such families. California banned adop- tion by gay couples in March. In July, a lesbian couple in Illinois was granted joint adoption rights to a child one of them had conceived. Many more cases are coming down the pipeline, as more gays decide to raise children. · Gays in the schools. Congress will hold hearings this month on homosexuality in the schools. The Rev. Lou Sheldon, who demanded the hearings, is furious over National Education Association resolu- tions endorsing acceptance of diverse sexual orientations and sex education programs. In some places, voters have taken the matter into their own hands. For instance, a gay school-board member in Des Moines, who had served many years, came out recently and then lost his bid for re-election this month. · Antigay initiatives. The Lambda Legal Defense and Education Fund is chal- lenging antigay initiatives that were ap- proved in Cincinnati and Alachua County, Fin. In November, Maine will vote on a measure that would strike gays from a proposed list of groups pro- tected by state and local civil rights laws. And activists promise more meas- ures will appear on state ballots in 1996. Still, the number of gay-rights laws is growing. In May, Rhode Island became the ninth state to pass a gay-rights law. At the Supreme Court, the outcome of the Colorado case is hard to predict. The court has a conservative majority on many crucial civil rights issues-such as affirmative action and redistricting. But this cafe involves access to the political process. Constitutional scholars say the justices to watch ar,e Anthony Kennedy and Sandra Day O Connor. Both hav. e voted to uphold restrictions on gays in other matters. Whatever the court de- cides, the losers promise to fight back w th other state and local strategies, and struggles over gay ri[hts will go on well into thc next millennmm. · BY KATIA HETTER THE NEXT COURT TERM Thrilling tales from yesteryear TL fy, try again. That could be the Supreme Court's rallying cry for its 1995-96 term. Most prominent dis- putes on the short docket in- volve variations on familiar themes, although a few cases are likely to be added this week. Even so, the justices probably will review fewer than 85 of the tens of thou- sands of lower-court rulings issued in a year. The dock- et's brevity is "astonishing," says law Prof. Arthur Hell- man of the University of Pittsburgh, citing a paucity of cases on criminal law and major constitutional issues. Here's a roundup, though, of some prominent sequels on tap: · PunRive damages. De- fendants long have sought ju- dicial limits on multimillion- dollar jury awards designed to punish them for wrongdo- ing. The Supreme Court has been reluctant to curb such verdicts, but it may happen this term. In October, the jus- tices will hear an appeal by the U.S. distributor of BMW autos. An Alabama jury or- dered BMW to pay $4 mil- lion- an award later cut in half-to physician Ira Gore, who complained that BMW had secretly repalnted a car Repainted BMW. High Court will rule on the damage award. he had ordered without dis- closing that it had been dam- aged. Manufacturers say the punishment is excessive. They contend that the jury was improperly swayed by al- legations that BMWs in other states were retouched with- out their owners' knowledge. A long list of business groups has filed briefs backing BMW's arguments. · J.dlclal powers. Thc cou~ ruled last spring that a Kan- sas City judge went too far in a desegregation case by or- dering Missouri m pay for school improvements tied to student performance. This term's "judicial activism" is- suc shifts to prisons: Arizona accuses lower courts of "micromanagement" by or- dering inmate law libraries kept open up to 80 hours a week. The case could lead to other cutbacks on wide-rang- ing court controls over penal institutions. · Redi~trlcting. In June, the court narrowly threw out a Georgia political map aimed at electing blacks to Congress, saying it was ille- gaby based on "racial stereo- typing." While the fight over redrawing that map simmers in lower courts, the justices will hear arguments over two North C.~rolina House dis- tricts and three Texas dis- tricts that were drawn to fa~ vor black or Hispanic candidates. The results will affect the ethnic makeup of Congress after the 1996 elec- tions, but the splintered court is unlikely to set precise lim- its on what critics call racial gerrymandering. · Worker benefits. Taking up another squabble over thc fed- eral Employee Retirement In- come Security Act (ERISA), thc court will decide whether individual workers may suc employers over changes in benefit plans. Companies, fearing a wave of lawsuits, ac that only the retirement >lan itself, not a single partici- )ant, may go to court. The new term won't bc all d~j& vu. The court will study whether Congress violated thc First Amendment when it barred local phone compa- nies from providing video programs, although that issue could be settled if lawmakers anact pending telecommuni- cations legislation. And a few crime questions will come up, including disputes over when the gore ,rumcnt may seize criminals property. But con- tcntious legal issues such as abortion, affirmative action and church-state separation are notably absent as a Iow- key cour~ hunkers down for a. BY TED GE~I' 74 U.S.NEW~3 & WORLD REPORT, OCTOBER 2,1995 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 25, 1995 File ~o6-183-184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, October 16, 1995, Mr. James A. Croan, 914 Old Country Club Road, N. W., addressed Council with regard to providing some form of exemption from payment of real estate taxes on a private walkway which is located on his property and is used for public access and requested that the City maintain the walkway so as not to cause damage to his property. He further requested removal of a tree from the alley at the rear of his property to prevent damage to a fence and to enable access to the alley. The matter was referred to you for investigation, Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; Mr. James A. Croan, 914 Old Country Club Road, N. W., Roanoke, Virginia 24017 William F. Clark, Director, Public Works Mr.James A. Croan 914 Old Country Club RD kW. Roanoke, Virginia. 24017 To: Mary Parker Roanoke City Clerk ;I am requesting time to appear before council for a problem that has existed and still exists to this day . This problem being the wasting of my tax dollars by Mt. William Clark's department. Allowing this to pass without speaking out is wrong. To have 'Lhe City of Roanoke time after time turn water to my property; have me placed in jail; fined; come to a pre specified job site unprepared and sit for four hours idle; paperwork incomplete; making false statements about the sidewalk that is on my property; taxing property that is used as a public walkway and allowing Mr.Workman to do what he did without taking any action to prevent this from happening to a taxpayer is also wrong. Ali of these things have been part of the wasting of my tax dollars by Mi-. William Clark and those working under him. Sept 18,1995 Sincerely James Croan MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN DelOoly City Clerk October 18, 1995 File #514 T. L. Plunkett, Jr., Attorney Plunkett, Logan & Oehlschlaeger Shenandoah Building, Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 Dear Mr. Plunkett: Your communication requesting that Council schedule a public hearing for Monday, October 23, 1995, at 3:00 p.m., on the request of Comachi Corporation to amend a certain condition relating to the closure of a portion of Baker Avenue, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. On motion, duly seconded and unanimously adopted, Council concurred in the request. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Wayne L. Cook, President, Comachi Corporation, 2480 Patterson Avenue, S. W., Roanoke, Virginia 24016 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 T. L. Plunkett, Jr. October 18, 1995 - Page 2 pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Steve Cocanougher, 14 - 27th Street, N. W., Roanoke, Virginia 24017 Mr. Timothy J. San/er, P. O. Box 11781, Roanoke, Virginia 24022 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner T. L. PLUNKETT, JR. JOSEPH D. LOGAN, III DEBORAH i. OEHLSCHLAEGER PLUNKETT, LOGAN & OEHLSCHLAEGER, P;LC: Attorneys at Law Shenandoah Building, Suite 300 305 First Street, SW Roanoke, Virginia 24011-1983 October 12, 1995 (540) 345-8837 FAX: (540) 345-1367 HAND-DELIVERED The Honorable David A. Bowers, Mayor and Members of the Council of the City of Roanoke, Virginia Gentlemen: Because of the time limitation contained in Ordinance No. 32219-111494 adopted by Council on second reading on November 14, 1994, and effective on November 24, 1994, we request that Council act on October 23, 1995, on the Petition of Comachi Corporation to amend the aforesaid Ordinance to eliminate a requirement therein that a cul- de-sac be constructed at the terminus of 30th Street, N.W., within twelve months of the effective date of the Ordinance. The Petition has been referred to the City Planning Commission. The Planning Commission held a public hearing on the Petition and have recommended favorably to the Council. Failing to act on this day will result in the aforesaid Ordinance becoming void and will necessitate substantial changes to be made. Very truly yours, PLUNKETT, LOGAN & OEHLSCHLAEGER T. L. Plunkett-, J~. TLP:mjl/jl-let IN THE COUNCIL OF THE CITY OF ROANOKE, The 14th day of November, 1994. No. 32219-111494. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Comachi Corporation, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving, proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recom]~endation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 10, 1994, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Baker Avenue, N.W., between 25th Street and 30th Street, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fencee, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 2 BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, retention of appropriate public passage over the of the City Code, and providing for the easements, together with the right of same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W.; and constructing a public turnaround at the terminus of 30th Street, N.W., in accordance with City standards and specifications, and Applicant shall submit to the Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Comachi Corporation, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 Roanoke City Planning Commission October 23, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Request from Comachi Corporation, represented by T. L. Plunkett, Jr., Attorney, that a condition of the closure of a portion of Baker Avenue, N.W., closed by Ord. No. 32219-111494, be amended. ~ is a request to amend Ord. No. 32219-111494, as previously adopted on November 14, 1994. Ordinance as adopted provided for the closure and vacation of a two-block section of Baker Avenue, N.W. (see attached Map A), subject to certain specific conditions. Conditions as set forth in the subject ordinance required the applicant to provide for the following: "The applicant shall submit to the City, for its review and approval, receive approval of, and record with the Clerk of Circuit court, a subdivision plat providing thereon for the following: The disposition of the land within the right-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions of the City Code (1979), as amended. The retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of- way. The dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W. The applicant shall construct a public turnaround at the terminus of 30th Street, N.W., in accordance with current City standards and specifications and shall further submit to the agent to the Commission a plan and profile of said turnaround for the City's review and approval prior to the commencement of construction." Room162 MunicipalBuilding 215ChurchAvenue, S.W, Roanoke, Virginia24011 (703)981-23,44 Honorable Mayor and City Council Page 2 ~ made by the applicant, subsequent to the City's adoption of Ord. No. 32219-111494, revealed that under the provisions of state law (Section 15.1-483), upon closure and vacation by the City of the subject section of Baker Avenue, N.W., tire to the land therein, vested entirely in the owners of the property abutting the opposite side of the subject fight-of-way (Norfolk and Southern Railway). Am~licant was thereby required to negotiate a further agreement with the Norfolk and Southern Railway Company to enable him to acquire one-half of the vacated fight-of-way. In order for the applicant to obtain this section of fight-of-way, he was further required to construct a parallel and additional access and roadway on and adjacent to the Norfolk and Southern Railway property. Anplication was reviewe~ by the Planning Commission at its regular meeting of October 4, 1995. Application is a request for the City to amend the conditions set forth in Ord. No. 32219-111494, in particular, and specifically, to delete therefrom the following conditions: "providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W., and constructing a public turnaround at the terminus at 30th Street, N.W., in accordance with City standards and specifications, and applicant shall submit to the agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction." ~ to the Planning Commission concerning the need for a public turnaround was based on the City's fight-of-way boundary lines as shown on sheet No. 241 of the City's official appraisal maps. This. map sheet incorrectly shows the public fight-of-way of 30th Street, N.W., terminating at its juncture with the subject Baker Avenue, N.W. (see attached Map A). Reonrt presented to the Planning Commission on September 7, 1994, advised the Commission that *closure of Baker Avenue, N.W., between 25th Street and 30th Street will create a dead-end right-of-way at the terminus at 30th Street, N.W." This advice was based on an incorrect assumption on the part of City staff. ~ of the subject section of Baker Avenue, N.W., will create a d~ad-end street. The actual fight-of-way boundary at 30th Street, N.W., continues across all old spur railway line and intersections with another open and developed public right-of-way which is another section of Baker Street that extends in a westerly direction (see attached Map B from appraisal map sheet no. 251). Honorable Mayor and City Council Page 3 extends in a westerly direction (see attached Map B from appraisal map sheet no. 251). III. Issues: B. ~. C. Utilities within the ~ublic ri~,ht-of-way, D. Creation of a dead-end $~r~t. E. Land use. F. Relationship to the comprehensive ~lan. IV. Alternatives: A. A~_pprove the applicant's request to amend the conditions as set forth in Ord. No. 32219-111494, as recommended and described in Part V. of this report. 1. .~lll~llli~al~. Amended conditions will have no adverse affect or impact upon the adjacent community. 2. Ix. afYlg_ilglla~ Amended conditions will have no affect on existing or future traffic needs in the area. 3. Utilities within the public right-of-way will not be an issue. 4. Land u~ will not be an issue. 6. Relationship to the comorehensive plan will not be an issue. B. Deny the applicant's request to amend the conditions as set forth in Ord. No. 32219-111494, and as described in the subject application. 1. ~1311lll~t~ll~. Land on which the subject turnaround would have to be built is currently owned by the Roanoke Redevelopment and Housing Authority (RRHA) (see attached Map B, tax parcels 2410301 and 302). Construction of a turnaround at this location would therefore impact on other property owners in the community. Honorable Mayor and City Council Page 4 T_rllf~3.JlRIIi~. Construction of a turnaround at the juncture of 30th Street and the vacated section of Baker Avenue, N.W., would not in anyway improve traffic movement in the area. Utilities within the public right-of-way. Easements have already been retained for all utilities within the public right-of-way of the vacated section of Baker Avenue, N.W. This condition will not be amended. Creation of a dead-end street. Amendment of the conditions as requested will not result in the creation of a dead-end street. Land use. Amendment of the conditions as requested will be consistent with sound land use practices. Relafionshi~ to the com;>rehensive pliln. The request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. V. Recommendation: Planning Commision by a vote of 6 to 0 recommends that Ci_ty Council aoorove ~, thereby approving the applicant's request to amend the conditions as described and set forth in Ord. No. 32219-111494, to provide for the deletion of the following specific conditions: "providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W., and constructing a public turnaround at the terminus at 30th Street, N.W., in accordance with City standards and specifications, and applicant shall submit to the agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction. ~ All other conditions shall remain intact as previously set forth in Ord. No. 32219- 111494. JRM:ERT:mpf attachments Respectfully submitted, Carolyn II. Coles, Chairman Roanoke City Planning Commission Honorable Mayor and City Council Page 5 CC:: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 September 5, 1995 File #514 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altedng or vacating City streets or alleys; fees there;~, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from T. L. Plunkett, Jr., Attorney, representing Comachi Corporation, requesting an amendment to Ordinance No. 32219-111494 adopted by the Council of the City of Roanoke on Monday, November 14, 1994, in conjunction with vacating, discontinuing and dosing a portion of Baker Avenue between 25th Street and 30th Street, N.W. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm a/baker Eec. The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Plunkett, Logan & Oehlschleeger, Shenandoah Building, Suite ~ohn' 305 First Street, S. W., Roanoke, Virginia 24011-1983 R. Merlle~, Agent, City Planning Commission Roneld H. Miller, Building Commissioner. Steven J. Televi, AssiStant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Comachi Corporation to Amend Ordinance No. 32219-111494 APPLICATION FOR A/4~NDING ORDINANCE NO. 32219-111494 VACATING, DISCONTINUING AND CLOSING BAKER AVENUE BETWEEN 25TH STREET AND 30TH STREET MEMBERS OF CITY COUNCIL: Comae-hi Corporation filed its application to vacate Baker Avenue between 25th Street and 30th Street, N.W., after which proper proceedings were held, the proper notices were given and Council adopted its Ordinance No. 32219-111494 on November 14, 1994, vacating that portion of Baker Avenue, N.W., between 25th Street and 30th Street. That ordinance also provided the following~ BE IT ~Kr~KORDAINEDthatthe closure of the above-described right-of-way is conditioned upon appliCantwa submitting to the City, receiving approv&l of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, ~, of the City Code, and providing for the retention of appropriate easements, together wi~h the right of public passage over the same, for the purpose of construction, repair and ge~eral maintenance of any and all utilities that may exist within said right-of-way~ providing for dedication of land sufficient in size to provide .for the oonatruc~ion of a public turnaround at the terminu~ of 30th Street, N.W.~ and constructing a public turnaround at the terminus of 30thStrset, N.W., in accordance with City standards and specifications, and Applicant shall submit to the -1- Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. It has been determined that if it is not impossible it is at least impractical and undesirable to comply with that portion of the ordinance "providing for dedication of land sufficient in size to provide for the construction of the public turnaround at the terminus of 30th Street, N.W.~, and constructing a public turnaround at the terminus of 30th Street, N.W .... " Comachi Corporation, by counsel, hereby applies to have the aforesaid Ordinance No. 32219-111494 amended by deleting therefrom that portion of the same stating "...providing for dedication of land sufficient in size to provide for the construction of the public turnaround at the terminus of 30th Street, N.W. ~ and conatruc~cing a public turnaround at the terminu~ of 30th Street, N.W., in accordance with City standards and specifications." C~maohi Corporation states that the grounds for this application are aa follows= (1) After careful study, it is believed that it is actually impossible for Comachi Corporation to provide for dedication of land sufficient in size to provide for the construc~ion of a permanent turnaround at the terminus of 30th --2-- Street, N.W., and actually construct a public turnaround at the terminus of 30th Street, N.W. If it is not actually impossible, it is certainly impractical and undesirable to do the same. (2) The rights of no proper~y owner and of no citizen will be adversely'affected by the amendment of the ordinance as requested. WHEREFORE, Comachi Corporation respectfully requests that Ordinance No. 32219-111494 of city Council adopted November 14, 1994, be amended as herein provided and that if it is deemed necessary or proper, the provisions of Section 15.1-364 of the Code'of Virginia and Section 30-14 of the Code of the City of Roanoke (1979), as amended, be followed. Respectfully, COMACHI COI~PORATION BYC~sel ~. L. PlunkerS, Jr. PlunkerS, Logan & Oehlschlaeger, P.L.C. Shenandoah Building, Suits 300 305 Firs~ S~roe~, S.W. RoanOke, Virginia 24011-1983 -3- TO THE CITY CLERK OF THE CITY OF ROANOK~ VIRGINIA PERTAINING TO TH~ STR.~'T A~D ALLEY CLOSURE I~UEST Requ~t from COMACH~ Corpotttion that BaJu~ Avenue, 2~t~ ~nd 30ttt Strew, N.W., be be c~osed. ) AFFIDAVIT ) COMMONV/~ALTH OF VIRGIN~-A ) ) TO-~t"T: CFTY OF ROANOK~ ) Th~ affiant, lvga~ PaC~ F~tklin, flmi~in[ duly st~om, s~st/~t sh~ S~ of ~ Ro~oke City Plann~l Commissioa. and ~ such i~ comp~ent to make ~is nffldavit of he~ ~ pe~o~.l ~owl~ Af~d~vit stz~s tha~ pv~uant ~ the pmvisionsofSec~ion 15.1.341, Cod~ of vi~"~inia, (1~0), a~ nnwnd~d, o~ b~ha/f of tl~ Plannin[ Commisaioo of the Ci~ of Rmmokl, sl~ ha~ s~tt by t'~st.clMs mail oa ~ 29~ day of Au~ ~94, notig~ of a public hearing ~ b~ h~d ot~ tim 7th d~y of Sql, 1994, m tim closu~ c~immd alx~ to th~ owne~ or a~ent of th~ imm~ lismd be~w at their last knaen address: N~m..fulk {ou~hnnt ~- - p,,.~n ~t N'. {eif-e~m Suest. p.~..,.d.,. VA 24016 P. O. Box 6359 lU~noim, VA 24017 14 2'/th Stilt, NV/ P.n~mmk~ VA 2401'/ P. O. Bo~ 11781 t~mmkn, VA 2~22 :1 IN THE COUNCIL OF THE CITY OF ROANOKE, The l/~h day of November, [994. No. 32219-111494. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Comachi Corporation, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October lO, 1994, after due and timely notice thereof as required by g30-i4, Code of tho City of Roanoke (1979), as amended, at which hearing all parties in intermit and citizens were afforded an OppOL~Unity tO be hoard on said application; and WHEREA~, It appearing from the foregoing that the land proprietors affocted b~the requested closing of the subject public right-of-we~ have boon properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individua~ or to tho public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Baker Avenue, N.W., between 25th Street and 30th Street, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, withouC limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wirel, gal lines, telephone lines, and related facilities that may now be located In or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such l~nes, mains or utilities, such righC to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachmentl on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken~ such easement or easements to terminate upon tho later abandonment of uso or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or 'facility by the owner thereof. 2 BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way~providin~ for dedication of land sufficient in size to provide f~r the construction of a public turnaround at the tezminus of 30th Street, N.W.; and~~ a public turnaround at the terminus of 30th Street, ~., in accordance with City standards and specifications, and Applicant shall submit to the Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has no~ been recorded in the Office of the Clerk of Circuit Court within twelve (12) months fro~the effective date of this ordinance, this ordinance shall becollenu~l and void with no further action b~Cit¥ Council being necessary. B! IT-'FUItTH~ O]IDAII~D that the C~ty Engineer be, and he direct~ to ~k "~mnently vacate" on said 9ublLc right-of-way on a~l ~ps and pLaCe on file in h~s office on which said right-of- way is sh~, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Vlrgin~a, 3 wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books 'of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Comachi Corporation, and the names of any other 9artles in lnteres~ who may so request, as Grantees. ATTEST City Clerk. 4 LO' 4.$( A~ MAP O. I &~J AC~, o ~ S~q/~O~ / I I I / ~ I I / / / /, / / / / G O ~£. ~ LEGF..IdO OFFICIAL ~ U r, IE, F.. R LAND CoPtPA~ bLOCK. LAUD COMPANY LOT MUt4~E La,~D ~ELO uk~DER. ~AME MAP B Roanoke, Virginia October 16, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Briefing Please reserve space for time on the agenda for an 8 minute briefing on the Service Excellence Committee's Citizen Appreciation Day, held September 23 at Valley View Mall. Steve Wills, chairman of the Citizen Appreciation Day Committee, will make brief comments followed by a short video. WRH:ds cc: City Attorney Director of Finance City Clerk Respectfully submitted, obert Herbert City Manager NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Koanoke City Planning Commission will hold a public hearing on Wednesday, October 4, 1995, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Comachi Corporation, represented by T. L. Plunkett, Jr., attorney, that a condition of the closure of a portion of Baker Avenue, N.W., closed by Ord. No. 32219- 111494, be amended. A copy of said application is available for review in the Department of Planning and Community Development, Koom 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Koanoke City Planning Commission Please print in newspaper on Tuesday, September 19, 1995 and September 26, 1995 Please bill: T. L. Plunkett, Jr. Plunkett Logan & Oehlschlaeger Shenandoah Building, Suite 300 305 First Street, S.W. Roanoke, VA 24011-1983 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #79-159-178-236-266-450-488 M. Shea Hollifleld Associate Director Community Development Division Virginia Department of Housing and Community Development 501 North Second Street The Jackson Center Richmond, Virginia 23219-1321 Dear Ms. Hollifield: I am enclosing copy of Resolution No. 32681-101695 authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as a second Enterprise Zone. Resolution No. 32681-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of October, 1995. No. 32681-101695. A RESOLUTION authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as a second Enterprise Zone. WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the Governor to designate up to fifty areas within the Commonwealth as Enterprise Zones, thus making qualified business firms which locate or expand within such a zone eligible for significant benefits, including credits on State taxes and local incentives; and WHEREAS, the City of Roanoke has an area within the City, as shown on the Enterprise Zone II map and described in a report of the City Manager to Council dated October 16, 1995, which area is eligible for designation as an Enterprise Zone', and WHEREAS, the designation of an area of the City as an Enterprise Zone has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth would result in much needed neighborhood revitalization. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke is hereby applying for Enterprise Zone designation of that area shown on the Enterprise Zone II map and described in a report of the City Manager to this Council dated October 16, 1995. 2. The City Manager or the Assistant City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development to have that area of the City shown on the Enterprise Zone II map and described in a report of the City Manager to Council dated October 16, 1995, designated as an Enterprise Zone pursuant to the provisions of the Virginia Enterprise Zone Act of 1982, as amended. 3. The City Manager or Assistant City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary to make application for Enterprise Zone designation and to meet other program administrative and reporting requirements. 4. The Council endorses and will adopt the local incentives set forth in the application if the said area is designated as an Enterprise Zone. 5. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. October 16, 1996 95-37 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Request for Authorization to File a Virginia Enterprise Zone Application I. Background: A. Thirty-one (31) Vir.qinia Enterprise Zones have been designated by the Governor under authority of the Virginia 1982 Enterprise Zone Act, Section 59.1-278 of the Code of Virginia. B. Designation follows success in a competitive application process open to all localities in the state. C. The Roanoke Enterprise Zone was designated in 1984 in the first round of competition, which resulted in seven local designations. D. Enterprise Zone designation allows substantial state tax savings for businesses that locate in the zone and existing businesses that expand their workforce. E. Enterprise Zone provisions constitute one of the most powerful tools for developing jobs and creating private sector investment that has been available to the city. F. The General Assembly amended the Enterprise Zone Act, effective July 1, 1995, allowing localities the ability to have up to three enterprise zones. G. The Governor will award up to fourteen (14) new zone desiQnations, based on a competitive process, to be effective at the time of his announcement.. The Honorable Mayor and Members of City Council Request for Authorization to File Virginia Enterprise Zone Application October 16, 1995 Page Two II. Current situation: Proposed Second Roanoke Enterprise Zone area has been identified (see Attachment A) which meets the Commonwealth's criteria for designation. Public Hearing was held on September 11, 1995 to receive comments on the appropriateness of pursuing a second Enterprise Zone designation. Application has been developed, creating a package of incentives that will not only be offered to businesses in the proposed zone, but will also be offered to residents in the adjoining neighborhood. D. Incentives to businesses to create private sector investment and jobs are: City pays: · water, sewer and fire hookup fees · waiver of comprehensive development plan fees · waiver of building permit fees · partial exemption of real estate taxes for substantial rehabilitation of commercial or industrial buildings · architectural advisory assistance · job training grants · business development seminars Incentives to residents of census tract 6.96, Block Groups 1, 2 and 8, which will improve conditions within the neighborhoods are: City pays: · sewer connection fees · extension of sewer lines · personal development seminars · payment of fees for G.E.D. or high school equivalency programs · street light installation · sidewalk construction City will apply for Community Development Block Grant or HOME Investment Partnership Program funding for: · upgrading of heating systems The Honorable Mayor and Members of City Council Request for Authorization to File Virginia Enterprise Zone Application October 16, 1995 Page Three III. Issues: A. B. C. upgrading of kitchen facilities matching funds for home rehabs neighborhood improvement program assistance Timin,q. Economic impact. Neighborhood conditions. IV. Alternatives: Roanoke City Council pass a resolution that the area shown on the Enterprise Zone II map, dated 10-16-95, is requested for zone designation and authorizing the City Manager to apply for such designation. Timing is important as October 18, 1995 is the deadline for receipt of enterprise zone applications. Economic impact is anticipated to be substantial with increases in all revenue sources affected by new or expanding businesses. Neighborhood conditions are anticipated to improve as the city's efforts to revitalize the area are made use of. Roanoke City Council does not pass a resolution that the area shown on the Enterprise Zone II map, dated 10-16-95, is requested for zone designation and does not authorize the City Manager to apply for such designation. 1. Timin,q is not an issue. Economic impact will be negative as the area will not develop at a desired pace and new revenue sources will not occur. 3. Neighborhood conditions will not improve. The Honorable Mayor and Members of City Council Request for Authorization to File Virginia Enterprise Zone Application October 16, 1995 Page Four Recommendation: EDC/dh Attachment CC: Roanoke City Council concur in Alternative A and pass a resolution that the area shown on the Enterprise Zone II map, dated 10-16-95, is requested for zone designation and authorizing the City Manager to apply for such designation. Respectfully submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Assistant City Manager Director of Public Works Director of Utilities and Operations Director of Real Estate Valuation Commissioner of the Revenue Manager, Office of Management and Budget Chief, Community Planning and Development Acting Chief, Economic Development Economic Development Specialist -_ / MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #20-27-183-330-468-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Ordinance No. 32683-101695 approving the City Manager's execution of a Virginia Department of Transportation Change Order to the Department of Transportation's contract with English Construction Co., Inc. to provide for additional sanitary sewer and water lines in connection with the Peters Creek Road Extension Project, at a net cost of $318,127.00, the entire cost of which is to be borne by the City, and will require a 38-day extension of time for completion of the work, as more particularly described in a report of the City Manager under date of October 16, 1995. Ordinance No. 32683-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: John M. Jordan, Jr., Vice President, English Construction Co., Inc., P. O. Box P-7000, Lynchburg, Virginia 24505 IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32683-101695. VIRGINIA, AN ORDINANCE approving the City Manager's execution of a Virginia Department of Transportation (VDOT) Change Order to VDOT's contract with English Construction Company, Inc., providing for additional sanitary sewer and water lines to be included in the Peters Creek Road Extension Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, a VDOT Change Order, in form approved by the City Attorney, to VDOT's contract with English Construction Company, Inc., in connection with the Peters Creek Road Extension Project. 2. The Change Order which shall provide for the addition of certain sanitary sewer and water lines in connection with the Project, at a net cost of $318,127.00, the entire cost of which is to be borne by the City, and will require a 38-day extension of time for completion of the work, all as more particularly described in City Manager's report to Council dated October 16, 1995, is hereby approved. 3. 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. IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32682-101695. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment and providing for an emergency. WHEREAS, for the usual Government of the exist. THEREFORE, Water Fund Appropriations, and daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Sewage Treatment and Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Sewage Treatment Pund A r' t' s Capital Outlay Peters Creek Road Extension Retained Earnings $ 20,859,508 (1) ................... 450,399 $ 25,733,585 Retained Earnings - Unrestricted (2) .............. $ 18,734,649 Capital Outlay $ 31,909,549 Peters Creek Road Extension (3) ................... 76,257 Retained Earnings Retained Earnings - Unrestricted (4) .............. 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted 3) Appropriated from General Revenue 4) Retained Earnings - Unrestricted (003-056-8472-9003) (003-3336) (002-0S6-8384-9003) (002-3336) $ 273,460 (273,460) 44,667 (44,667) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. October 16, 1995 No. 95-192 Honorable David A. Bowers, and Members of Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of Council: SUBJECT: Peters Creek Road Extension - VDOT Change Order for Water and Sewer Facilities I. Background: City Council, at its meeting on May 22, 1995 authorized execution of the City-State Agreement to enable construction to begin on the Peters Creek Road Extension Project (Resolution No. 32482-052295). Project includes additional replacement, realignment and upgrade of existing water and sanitary sewer lines that would not ordinarily have been done as part of this roadway project. The betterment portion of these improvements is a City expense. The report to City Council on May 22, 1995 advised that some additional sanitary sewer and water lines were in the process of being added to the project, with the City participating in 100% of the cost, and that a change order for the work would be presented in the near future. The sanitary sewer lines basically run adjacent to the roadway improvements. Their replacement will reduce ground water infiltration into the sewer system (part of the City's ongoing Inflow & Infiltration Program). The water line replacement in Melrose Avenue (at the Peters Creek Road intersection) corrects an ongoing maintenance problem with several major breaks and leaks. II. Current Situation: Cost of proposed additional work has been developed by the prime contractor, English Construction Company, Inc. The Virginia Department of Transportation is now seeking City concurrence in the additional cost. A VDOT change order has been prepared with a net increase in the amount of $318,127.00 at 100% City expense, and a time extension of 38 calendar days (see attached). Mayor and Members Page 2 No. 95-192 of Council This proposal is considered reasonable. This work is better coordinated within the roadway contract than if it were done by an independent contractor. Fundinq is available in the Sewage Fund Retained Earnings ($273,460.00) and Water Fund Previous Years' Retained Earnings ($44,667.00). III. Issues: A. Utility Lines B. Fundinq C. Time IV. Alternatives: Authorize the City Manager to execute the VDOT change order on behalf of the City and appropriate $273,460.00 from Sewage Fund Retained Earnings to Account No. 003-056-8472-9003 and ~44,667.00 from Water Fund Previous Years' Retained Earnings to Account No. 002-056-8384-9003. Utility lines will be improved for sanitary sewer and water. Fundinq in the total amount of $318,127.00, exists in the sources described above. Time available for contractor to complete project is extended by 38 calendar days. construction started in May, 1995 and will approximately two years to complete. entire Project require Do not authorize the City Manaqer to execute the VDOT change order on behalf of the City. 1. Utility lines are not improved as part of this project. Fundinq is not needed at this time. Time to complete work is not added to this project. Mayor and Members of Council Page 3 No. 95-192 Recommendation is that City Council concur in Alternative "A" and take the following specific actions: Authorize the City Manager to execute the VDOT change order on behalf of the City. Appropriate $273r460.00 from Sewage Fund Retained Earnings to Account No. 003-056-8472-9003 and $44r667.00 from Water Fund Previous Years' Retained Earnings to Account No. 002-056-8384-9003. WRH/RKB/gpe Attachment copy: Respectfully submitted, City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer City Traffic Engineer Construction Cost Technician Budget Administrator COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION WORK ORDER Coumy/Cit~. City of Roanoke (128) FH~A~kNo.: STP-5128(150) State Project Number: O11 7-128-F01 ,C501 Page I of 2 Work Order No. 5 Form C-I0 Re~ 94-87 ~C~e ~N AND O~SC~IF~lON OF P~OPOS~ WORK: {E 8dd~ional ~ is ~ ~ another sheet and attach he.to). jus~men~s ~o proposea sanitary sewer system in addition to increasing quantities. Work to be performed between Station 118+ to Station 139+ Route 117. (See locations below) ENGINEER'S EXPLANATION OF NECESSITY FOR PROPOSED WORK:(ffadd~ionals~eceisneededu~anmhersheetandmtachhereto). Additional work requested by the City of Roanoke. Plan Revision. 100% City of Roanoke participation. A TIME EXTENSION OF * 38 CALENDAR DAYS WILL BE ALLOWED FOR THIS WORK. · 11 Days Monetary Value 27 Days Extra Work Amount of Original Contract: $ 9,561 ~ 590.39 Total of Other WO.(s) $ 28,992.97 ESTIMATE OF PROPOSED WORK Spec Un~ No. Location hem Quantity Un~ Increase Decrease 520 Sta. 138+75+ 10" D.I.San.Sewer 30 L.F. * 28.00 840.00 520 Sra. 138+75~ 10" San. Sewer 30 L.F. !* 28.00 840.00 520 Sta. 138+75~ 14" D.I.San.Sewer 10 L.F. 117.00 1,170.00 520 Sra. ll4+~t~ '. Lower 30" D.I. 886 L.F. 172.00 152,392.00 Sta 118+- Sewer Pipe Sta. 12~+ to Sra. 134~ ,Sta. 136~to Sta. 139~ 520 Sta. ll4~to 30" D.I. San. 886 L.F. '117.00 103,662.00 Sta. 118~ Sewer (contlnued Paq~2) Charge: 80-0117-128-F01,C501-732 I NETIncrease~e~I~ $318,127.00 I~ern~me~ In m~ ~n t~ ~ ~ a~ ~ms a~ ~ ~ th~ t~ qua~i~ ~ ~ ~in ~11 M ~ ~ ~ju~mem a~, un~ a~e m ~ ~ju~ q~ i~ ~mm up ~ ~-f~ ~m ~ ~ ~ ~in, *Contract Price ~ English Construction Company, Inc. ~~.~~, RECOMMENDED FOR ~OV~ A~RO~D: V City of Roanoke Date Page 2 of 2 ~T ~_~/cOL~N"l~ZCit~ of Roanoke (128) S~%TE PROJECT # Oll7-128-FOl~C501 WORK ORDER # 5 FHWA # STP-S128(150) Spec. Location Item ESTIMATE OF PROPOSED WORK nit Unit ~rlce Increase Decrease 520 520 520 52O 52O 52O 520 Sta Sta Sra. 128+ to Sra. 134+ Sta. 136~ to Sta. 13~[F Sta. 118+ to Sta. 129+ Project Project Sta 146+ to Sta 15~ Sta 146+ to Sta 150~ Sta 146~ to Sta 150~ 146~ to 150~ 30" D.I.San.Sewer San.Sewer Manhole M.H. Frame & Cover 3/4" Water line Service 12" D.I. Water Mai 12"x12" Tapping Sleeve and Valve Bridge Attachment 1178 92 4 2 442 2 1 180.00 * llO.O0 * 350.00 * 8.00 55.00 ,974.00 5,425.00 kal 212,040.00 10,120.00 1,400.00 24,310.00 3,948.00 16,425.00 $422,645.00 16.00 ~104,518.0( 100% City of Roan ke Participation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32686-101695. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expendimre~ in connection with the Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and Cove Road over Peters Creek bridge replacement projects, in the City of Roanoke; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke a~ follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $103,500.00, appropriated by an ordinance simultaneously adopted by the City Council on October 16, 1995, for the Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and Cove Road over Peters Creek bridge replacement projects ("Project#) in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131- 080894, adopted by the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing fimds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, strects and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132- 080894, aisu adopted by City Council on August $, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131- 080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected at this time to be issued for the Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and Cove Road over Peters Creek bridge replacement projects is $103,500.00, all as is more particularly set forth in the October 16, 1995 report of the City Manager to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #53-102-183-217-223-514 Stewart W. Hubbell Vice President Mattem & Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hubbell: I am enclosing copy of Resolution No. 32685-101695 authorizing execution of a contract with Mattern & Craig, Inc., in the amount of $98,500.00, to provide certain engineering services relating to the following bridge replacement projects: Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and Cove Road over Peters Creek. Resolution No. 32685-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32685-101695. A RESOLUTION authorizing the execution of a contract with Mattern & Craig, Inc., to provide certain engineering services relating to the following three bridge replacement projects: Brambleton Avenue over Murray Run; Peachtree Drive over Pcter~ Creek; and Cove Road over Peters Creek. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern & Craig, Inc., in the amount of $98,500.00 to provide certain engineering service~, relating to the following three bridge replacement projects, Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and Cove Road over Peters Creek, all as more particularly set forth in the October 16, 1995, report of the City Manager to this Council. 2. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF RO~%NOKE, VIRGINIA The 16th day of October, 1995. No. 32684-101695. Government of the exist. THEREFORE, AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro 'atio Streets and Bridges $ 12,157,514 Three Bridge Replacements (1) ...................... 103,500 Capital Improvement Reserve $ 3,470,794 Public Improvement Bonds - Series 1996 (2) ......... 6,175,309 1) Appropriated from Bond Funds (008-052-9551-9001) 2) Bridges (008-052-9701-9190) $ 103,500 (103,500) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk October 16, 1995 Council Report No. 95-193 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ENGINEERING SERVICE AGREEMENT THREE (3) BRIDGE REPLACEMENT PROJECTS BRAMBLETON AVENUE OVER MURRAY RUN (#1820) PEACHTREE DRIVE OVER PETERS CREEK (#8027) COVE ROAD OVER PETERS CREEK (#8024) Background on the subject in chronological order is as follows: A. City of Roanoke Bridge Inspection Program has revealed that three (3) additional bridqe structures in the City are in need of replacement due to continuous deterioration. 1. Brambleton Avenue over Murray Run (#1820) a. Weight limit is restricted to ten (10) tons. bo Severe section loss in steel beams at bearings. c. Bridge railing and approach guardrail do not meet current standards. 2. Peachtree Drive over Peters Creek (#8027) a. Weight limit is restricted to eight (8) tons. b. Portion of north and east abutment undermined due to scour. c. Bridge railing and guardrail do not meet current standards. 3. Cove Road over Peters Creek (#8024) a. Scour erosion, voids, and undermining of footings, breastwalls, and wingwalls. b. Spalls and exposed rebars in underside of deck. Honorable Mayor and Members of City Council ENGINEERING SERVICE AGREEMENT THREE (3) BRIDGE REPLACEMENT PROJECTS October 16, 1995 Page 2 c. Deck slab in poor condition. d. Part of retaining wall has collapsed. En.qineerinq Department has reviewed previous Brid.qe Inspection Reportc and especially the last Annual Report of 1994 to determine which structures require attention first. Initial review process indicated that there were eight (8) bridge structurec that were prime candidates for maior repairs or total replacement. They are as follows: Structure No. 1822 located on Main Street (Wasena) and crossing Roanoke River and Norfolk Southern Railway. Under contract. Structure No. 8064 located on 9th Street and crossing Roanoke River. Under contract. Structure No. 8042 located on Shenandoah Avenue and crossing a major branch. Construction completed. Structure No. 8060 located on Centre Avenue and crossing a major branch east of 24th Street. Construction completed. o Structure No. 8003 located on Jefferson Street and crossing the Norfolk Southern Railway. Under contract. Structure No. 8038 located on Broadway Street and crossing Ore Branch. Preliminary design completed -- on hold. Structure No. 8061 located on Hollins Road and crossing Lick Run. Construction completed. ° Structure No. 8052 located on Craig-Robertson Road and crossing Garnand Branch. Construction completed. Honorable Mayor and Members of City Council ENGINEERING SERVICE AGREEMENT THREE (3) BRIDGE REPLACEMENT PROJECTS October 16, 1995 Page 3 Two additional bridges have been added. They are as follows: Structure No. 1816 located on Walnut Avenue and crossing Roanoke River· Design completed. Scheduled for construction to begin in December, 1995. Structure No. 1829 located on Williamson Road (Viaduct) and crossing Norfolk Southern Railway. Under design. Scheduled for construction at completion of new Second Street bridge. Engineerinq services are required for the three (3) additional bridges identified in Item I.A. II. Current situation is as follows: Request for Professional Services with qualifying proposals was advertised in the Roanoke Times & World News and in The Roanoke Tribune. The following consultant engineering firms responded in accordance with the stipulations set forth in the advertisement: Mattern & Craig, Inc. Hayes, Seay, Mattern & Mattern, Inc. Personal interviews were held in the Office of the City Engineer with the following people representing the City on the Review Committee: Charles M. Huffine, P.E., City Engineer J. Greg Reed, Civil Engineer II Jan G. Bruce, Engineering Technical Supervisor Review Committee selected Mattern & Crai.q, Inc. as the most qualified for the project· III. Issues in order of importance are as follows: A. Engineerinq concerns in maintaining adequate safety to the traveling public Honorable Mayor and Members of City Council ENGINEERING SERVICE AGREEMENT THREE (3) BRIDGE REPLACEMENT PROJECTS October 16, 1995 Page 4 Reasonableness of fee Funding IV. Alternatives in order of feasibility are as follows: Authorize the City Manaqer to execute an enqineerinq services contract with Mattern & Cra .q, Inc. in the amount of $98,500 and authorize a contingency in the amount of $5,000 for a total of $103,500. Eng neer n.q concerns will be met by providing proper planning for continued safety to the traveling public as the repairs are made. Reasonableness of fee has been met and is in accordance with the Scope of Work involved. o Funding will be provided by the anticipated bond proceeds of the 1996 bond issue. Internal Revenue Service regulations require that the City declare its intent to reimburse itself $103,500 from the proceeds of its general obligation bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by City Council on August 8, 1994. Do not authorize the City Manaqer to execute an en.q neerinq servicec contract with Mattern & Cra .q, Inc. Eng neerinq concerns will not be met. The bridge structures will continue to deteriorate and safety to the traveling public will not be maintained. 2. Reasonableness of fee will not be an issue at this time. 3. Funding would remain in the anticipated bond proceeds of 1996 bond issue. Honorable Mayor and Members of City Council ENGINEERING SERVICE AGREEMENT THREE (3) BRIDGE REPLACEMENT PROJECTS October 16, 1995 Page 5 Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the City Manager to execute an engineering services contract with Mattern & Craig, Inc. in the amount of $98,500 and authorize a contingency in the amount of $5,000 for a total of 9103,500, in a from acceptable to the City Attorney. Appropriate $103,500 from anticipated bond proceeds (008-052-9701- 9190) to a new account to be established by the Director of Finance in the Capital Fund entitled "Three Bridge Replacements". Adopt a resolution indicating the City's intent to reimburse itself 9103,500 from general obligation bond proceeds pursuant to Ordinance No. 32131-080894. Respectfully submitted, W. Robert Herbert City Manager WRH/JGB/kh Attachments CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32689-101695. VIRGINIA, A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131- 080894, adopted August 8, 1994, for certain expenditures in connection with the Second Street/Gainsboro Road (Orange Avenue, N. W., to Salem Avenue, S. W.) Project, in the City of Roanoke; and providing for an effective date. BE follows: 1. 1.150-2, intends IT RESOLVED by the Council of the City of Roanoke as In accordance with U. S. the City hereby declares to reimburse $308,794.06, Treasury Regulations, Section that it reasonably expects and appropriated by an ordinance simultaneously adopted by the City Council on October 16, 1995, for the Second Street/Gainboro Road (Orange Avenue, N. W. to Salem Avenue, S. W.) Project in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. expected to be issued at Project is $308,794.06. 2. to U. S. The maximum principal amount of debt this time for the City share of the intent is being declared not later than payment of the expenditures authorized by Resolution. This is a declaration of official intent adopted pursuant Treasury Regulations, Section 1.150-2. This official sixty days after the Paragraph 1 of this 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, SW., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #20-53-57-77-102-216-217-277-468-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32688-101695 approving an agreement between the City and the Virginia Department of Transportation for construction of the Second Straet/Gainsboro Road (Orange Avenue, N. W., to Salem Avenue, S. W.) Project; providing for allocation of the City's share of the project cost, in the amount of $630,182.23, of a total estimated project construction cost of $15,959,668.81; and authorizing execution of said agreement on behalf of the City. Resolution No. 32688-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32688-101695. A RESOLUTION approving an agreement between the City and the Virginia Department of Transportation for the construction of the Second Street/Gainsboro Road (Orange Avenue, N. W., to Salem Avenue, S.W.) Project; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The agreement between the City and the Virginia Department of Transportation for the construction of the Second Street/Gainsboro Road (Orange Avenue, N.W., to Salem Avenue, S.W.) Project, within the City limits, and providing for the allocation of the City's estimated share of the project cost in the amount of $630,182.23 of the total estimated project construction cost of $15,959,668.81, and providing certain terms and conditions as more specifically set forth in the report of the City Manager to this Council dated October 16, 1995, is here by ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement with the Virginia Department of Transportation, in a form approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOXE, VIRGINIA The 16th day of October, 1995. No. 32687-101695. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects and Water 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 1995-96 Capital Projects and Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: caoit&i ~ro~e~ta :~4 A ro ' at' s Streets and Bridges $ 12,362,809 Second Street/Gainsboro Road (1) .............. 6,672,027 Capital Improvement Reserve ( 3,676,089) Public Improvement Bonds - Series 1996 (2) .... ( 6,380,604) Capital Outlay Second Street/Gainsboro Road (3) .............. Retained Earninq~ Retained Earnings - Unrestricted (4) .......... $ 31,959,851 94,969 $ 25,683,283 1) Appropriated from Bond Funds 2) Streets and Sidewalks 3) Appropriated from General Revenue 4) Retained Earnings - Unrestricted (008-052-9547-9001) $ 308,795 (008-052-9701-9191) (308,795) (002-056-8349-9003} 94,969 (002-3336) (94,969) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. October 16, 1995 No. 95-195 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: City-State Agreement for Second Street/Gainsboro Road (Orange Avenue, N.W. to Salem Avenue, S.W.) I. Background: City Council, at its meeting on April 13, 1987, unanimously approved Resolution No. 28607 and No. 28608 which requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. First Street/Gainsboro Road from Madison Avenue, N.W. to Salem Avenue, S.W. 2. Wells Avenue, N.W. from Williamson Road to First Street, N.W. 3. Intersection of Orange Avenue and Gainsboro Road These projects, which are consistent with the Roanoke Valley Area Long Range Transportation Plan, were subsequently included in VDOT's Six-Year Highway Improvement Program. "Downtown North" study results for the Downtown North Development Plan, released at May 11, 1989 press conference, included a recommendation to construct a four-lane Second Street bridge instead of a four-lane First Street bridge. The Second Street corridor provides a clearer and more well-defined west circumferential route than First Street. Location and Design Public Hearing was held on May 22, 1990, in City Council Chambers, having been preceded by an informal project plan review session on May 21, 1990 , for the Second Street/Gainsboro Road project. In response to public hearing comments, project enhancements were developed and shared by City staff with interested citizens from the Gainsboro community on August 9, 1990. The proposed design concepts were well received. Honorable David A. Bowers, Mayor and Members of Council Page 2 October 16, 1995 No. 95-195 Proposed desiqn of the Second Street/Gainsboro Road project consists of four ll-foot lanes which will provide for two lanes of travel in each direction. Concrete curb, gutter, and sidewalk will be provided on both sides of the roadway as well as street lights and landscaping behind the sidewalks. A new bridge will span the N&W Railroad tracks and Shenandoah Avenue. New traffic signals will be installed at the intersection of Gainsboro Road at Gilmer Avenue as well as Gainsboro Road at Wells Avenue. The speed limit will be signed at 25 miles per hour. Existinq Second Street at Salem Avenue carries approximately 4,500 vehicles per day. The traffic volume on Gainsboro Road at Orange Avenue is approximately 7,600 vehicles per day. The traffic volumes for the Second Street/Gainsboro Road project for the design year 2010 are expected to range between 20,700 at Salem Avenue to 18,100 at Orange Avenue. The anticipated traffic will be better served by the proposed roadway project which will be a link in the overall loop system. The loop will consist of: - Williamson Road from Franklin to Wells - Wells Avenue from Williamson to Gainsboro - Second Street/Gainsboro Road from Wells to Franklin - Franklin Road from Second to Williamson Improvements at the intersection of Orange Avenue and Gainsboro Road include the construction of a left-turn lane which will be designed to handle 3,750 vehicles per day (of which 430 would be handled in the morning peak hour) for the design year 2010. The lane itself will be capable of storing as many as twenty (20) vehicles at a time, which will be controlled by a separate left turn phase in the traffic signal. City Council, at its meeting on October 1, 1990, approved the location and major design features of the project (Resolution No. 30254-10190). Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval. Honorable David A. Bowers, Mayor and Members of Council Page 3 October 16, 1995 No. 95-195 II. Current Situation: Bids for project construction were received by VDOT on August 29, 1995. The Commonwealth Transportation Board awarded a contract to Branch Highways, Inc. (of Roanoke) on September 21, 1995, in the amount of $8~390~849.84. City needs to execute the attached City-State Agreement (Attachment II) before VDOT will allow Branch Highways, Inc. to begin construction. City Share of the cost for this project (preliminary engineering @ 5%, right-of-way @ 2%, and construction @ 2%) is $630~182.23. The fourth page of Attachment II shows the cost sharing ratios to be used on this project. As of June 30, 1995, the City has already funded $226,420.00 toward the above total for preliminary engineering and right-of-way costs. This leaves a balance of $403~762.23 needed for the City's share of the remaining estimated costs. Included within the project cost are some 100% City expense items that would not ordinarily have been done as part of this roadway project: Additional replacement and upgrade of existing water lines ($94,968.17). Four (4) new decorative street lights on Wells Avenue between new Gainsboro Road and existing First Street, N.W. Also, twenty (20) lights will be attached to the underside of the new bridge ($89,584.74). Along the north side of Gilmer Avenue, Gainsboro Road, 850 feet of new curb, brick sidewalk ($49,831.10). east of new gutter and Historic Gainsboro sign at the corner of Gainsboro Road and Wells Avenue identical to the sign at the corner of Wells Avenue and Commonwealth Avenue ($24,000.00). Honorable David A. Bowers, and Members of Council Page 4 October 16, 1995 No. 95-195 Mayor III. Issues: A. Funding B. Construction Plans C. Timing IV. Alternatives: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City; appropriate $308,794.06 from the Streets and Sidewalks Category of the 1996 Bond Issue into the Second Street/Gainsboro Road Account (No. 008- 052-9547-9003); and appropriate $94,968.17 from Water Fund Previous Years' Retained Earnings to an account to be established by the Director of Finance. Funding, in the amount of $403,762.23, exists in the sources identified on Attachment III (Part B). It is the City's intent to reimburse front-funding with bond funds upon issuance of the 1996 bonds. Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself $308,794.06 from the proceeds of its 1996 General Obligation bonds. Construction plans comply with City's needs for improved traffic flow and safety. Timing for project construction to begin is this month. Project will require approximately two years to complete. Reject City-State Agreement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution Nos. 28607 and 28608. Funding would be needed in the amount of the total VDOT project expenditures to date, which is $1,941,513.70 less the City share paid to date, which results in a balance needed of $1,851,712.60. Honorable David A. Bowers, and Members of Council Page 5 October 16, 1995 No. 95-195 Mayor 2. Construction plans would not be built. 3. Timing is not an issue. V. Recommendation is that City Council: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the city. Appropriate $308~794.06, front-funded from the Streets and Sidewalks Category of the 1996 Bond Issue (008-052- 9701-9191) into the Second Street/Gainsboro Road Account (No. 008-052-9547-9003). Appropriate $94~968.17 from Water Fund Previous Years' Retained Earnings to an account to be established by the Director of Finance. Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds. WRH/RKB/gpe Attachments: copy: Respectfully Submitted, City Manager I Map II City-State Agreement III Funding Summary City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer City Traffic Engineer Construction Cost Technician Budget Administrator ATTACHH]~T I OR ANGE AVENUE MADISON AVENUE ST., S.W,/ GAINSBORO RD AVENUE GILMER AVENUE LEGEND CHURCH I~ SCHOOL O LIBRARY O PARK LOUD( AVENUE WELLS.. AVENUE NORFOLK 4ORFOLK 2ND STREET / GAINSBORO ROAD AGREEMENT BETWEEN THE CITY OF ROANOKE AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Roanoke, Commonwealth of Virginia, hereinafter referred to as ROANOKE, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: The DEPARTMENT will prosecute a project for the improvement of 0.768 mile of 2nd Street/Gainsboro Road within ROANOKE from 0.033 Mi. S. Salem Avenue, Station 8+00.00 to Int. of Orange Avenue, Station 48+66.15 and designated as Project U000-128-116, PE-101, RW-201, C- 501, B-610, B-613. ROANOKE approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT, ROANOKE, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. ROANOKE agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, or any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. ROANOKE agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT. ROANOKE agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other -2- facility installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. ROANOKE agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Section 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. ROANOKE agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. ROANOKE agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the -3- percentages will be applied to actual costs: PROJECT COST ROANOKE'S SHARE ITEM Preliminary Engineering Right of Way C~501 (Includes Field Office) Lighting Items Utility Items (Water) Utility Item (Water) Telephone (Bell Atlantic) Demolition Signs B-613 B-610 Railroad Force Account TOTAL $1,950,000.00 5 3,773,000.00 2 5,574,970.87 2 163,415.84 100 463,191.30 2 94,968.17 100 36,374.09 -- 123,647.48 2 2,360.00 2 182,209.37 2 3,258,861.69 2 336,670.00 2 $15,959,668.81 AMOUNT $ 97,500.00 75,460.00 111,499.42 163,415.84 9,263.83 94,968.17 2,472.95 47.20 3,644.18 65,177.24 6,733.40 $ 630,182.23 -4- IN WITNESS WHEREOF, the padies have hereunto affixed their signatures, the CITY of ROANOKE on the day of , 1995, and the DEPARTMENT on the day of , 1995. ATTEST: CITY OF ROANOKE BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CiTY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER -5- FUNDING SUMMARY ESTIMATED PROJECT COST (Preliminary Engineering, Right-of-Way and Construction) LESS VDOT SHARE TOTAL CITY SHARE LESS CITY SHARE FUNDED AS OF 06/30/95 ESTIMATED CITY SHARE REMAINING $15,959,668.81 15~329~486.58 630,182.23 226~420.00 403,762.23 SOURCES 1. STREETS AND SIDEWALKS CATEGORY OF THE 1996 BOND ISSUE 2. WATER FUND - PREVIOUS YEARS' RETAINED EARNINGS 308,794.06 94~968.17 403,762.23 IN THE COIINCIL OF THE CITY OF ROANOKE~ VIRGINIA The 16th day of October, 1995. No. 32690-101695. AN ORDINANCE to amend and reordain certain sections of the 1995-96 General, Capital Projects, and Fleet Management 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 that certain sections of the 1995-96 General, Capital Roanoke Projects and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriation Parks, Recreation and Cultural Contributions - Cultural (1-3) .................... Public Safety Police Patrol (4) ................................. Public Works Building Maintenance (5-6) ........................ Nondepartmental Transfer to Other Funds (7-8) ..................... Fund Bal&noe Capital Maintenance and Equipment Replacement Program - City Unappropriated (9) ................ Ca~ital Pro4ect Fu~d Appropriation $ 5,201,592 1,801,115 35,874,774 7,746,371 22,619,946 3,231,447 50,925,669 50,033,850 $ 4,148,229 Public Safety $ 9,403,146 City Jail Expansion (10) .......................... 9,380,613 Fleet Manaaement FUn~ Fleet Management Capital Outlay (11) .............. Revenue Non-Operating Other Revenue (12) ................................ 1) Center in the Square (001-002-7220-3706) 2) VWCC (001-002-7220-3710) 3) Downtow~ Roanoke, Inc. (001-002-7220-3766) 4) Other Equipment(001-050-3113-9015) 5) Maintenance Third Party Contract (001-052-4330-3056) 6) Furniture and Equipment > $1,000 (001-052-4330-9005) 7) Transfer to Fleet Management Fund (001-004-9310-9506) 61,723 8) Transfer to Capital Project Fund (001-004-9310-9508) 236,562 9) CMERP - City Unappropriated(001-3323) (562,537) 10) Appropriation from General Revenue (008-052-9685-9003) 236,562 11) Vehicular Equipment (017-052-2642-9010) 61,723 12) Transfer from General Fund (017-020-1234-0951) 61,723 50,000 72,320 75,000 12,775 39,000 15,157 $ 2,962,321 $ 136,723 136,723 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginl-~ October 16, 1995 95-342 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Fund Appropriations for Capital Maintenance and Equipment Replacement Program Items I. Background on the subject in chronological order is: The Capital Maintenance and Equipment Replacement Program has identified various needs and contributions for which appropriation of Funds are necessary. The items and pro~ects identified are needed to continue the efficient and effective performance of assigned responsibilities and task. A listing of items and contributions costing less than $75,000 is identified on Attachment "A" of this report. That attachment identified needs for prior year as well as current year Capital Maintenance and Equipment Replacement Items. The City Manager, by authority designated by Council, can approve expenditures less than $75,000 once the Funds have been appropriated by Council. Items to be purchased will be done so in accordance with the procurement section of the Code of the City of Roanoke. II. Current Situation is: It is necessary for City Council to appropriate Funds from the Capital Maintenance and Equipment Replacement Program to provide for the items listed on Attachment "A" of this report. III. Issues in order of importance are: A. Need B. Funding C. Timing Fund Appropriations Page 2 IV. Alternatives in order of Feasibility are: City Council appropriate $562~537 to various accounts to provide for items identified on Attachment "A" of this report. Need for the requested items has been justified as essential for the projects identified. Fundinq is available and is designated in the Capital Maintenance and Equipment Replacement Program. Timinq will allow for the requested items to be procured or contributions to be dispensed in the most efficient manner. City Council not appropriate $562~537 to various accounts as requested. 1. Need for acquisition of items or the dispensing of contributions would not be addressed. Fundinq designated in the Capital Maintenance and Equipment Replacement Program would not be expended at this time. Timinq for the acquisitions or contributions dispensing would not be accomplished in the most expedient manner. Recommendation is that City Council concur with Alternative "A" and appropriate $562~537 as follows: $12~775 to Police Department Account 001-050-3113- 9015 $236~562 to Jail Expansion Capital Account 008-052- 9685-9003 $15~157 to Building Maintenance Department Account 001-052-4330-9005 4. $39,000 to Building Maintenance Account 001-052- 4330-3056 5. $50~000 to Center in the Square Account 001-002- 7220-3706 Fund Appropriations Page 3 $75~000 to Downtown Roanoke, Inc. Account 001-002- 7220-3766 $72~320 to Virginia Western Community College Account 001-002-7220-3710 $61~723 to be transferred to Fleet Management Account 017-052-2642-9010 Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Utilities & Operations Director of Public Safety Director of Public Works City Clerk City Sheriff Management & Budget Manager, Supply Management Police Chief Manager, Building Maintenance Attachment "A" Funds from Prior Year Capital Maintenance and Equipment Replacement Program Police Fencing of Storage Impound Lot - The impounded vehicle storage lot is located at the City Public Works Facility. During recent years, this storage lot has been entered numerous times by vandals and thieves and vehicle parts and contents have been stolen or damaged. Improvements to the fencing of this lot will improve the security of this area. Sheriff Jail Annex Project - The Roanoke City Jail Project is scheduled for completion in January, 1996. In preparation for this opening, several equipment items must be purchased and installed in the Facility prior to its being occupied. This equipment includes the following: Telephones Radio Communication Equipment Six (6) Heavy Duty Commercial Clothes Washers and Dryers Two (2) Heated Food Carts Two (2) Walk Through Metal Detectors Office Furniture Computer Equipment Buildinq Maintenance Furniture and Equipment for Renovated Civil Defense/Conference Room - The Civil Defense Room on the First Floor of Municipal North is being remodeled to better facilitate its use as a conference room. Furnishings such as tables, chairs and storage dollies for each are needed upon the completion of the remodeling. Resilient Surface Athletic Floor for Parks and Recreation - The floor in the gymnasium at the Parks and Recreation Office has peeled off and is beyond repair. $ 12,775 236,562 15,157 39,000 Attachment "A" Page 2 This facility is used twelve (12) months out of the year for Indoor Soccer, Rockwood Climbing, In-Line Hockey, Basketball and other activities. The floor needs to be replaced to facilitate continuation of very successful programs. II. Funds from Current Year Capital Maintenance and Equipment Replacement Program Center in the Square Capital Funding - This one time contribution will assist the Center in the Square in completing maintenance projects in the public area of the facility. Center in the Square parking facility jointly shares public restrooms on the first floor of the atrium. Funds would permit retro-fitting and upgrades. $ 50,000 Downtown Roanoket Inc. Planning Study - These Funds provide for the City's share for the Downtown Roanoke Planning Study. 75,000 Virginia Western Community College Student Parking and Water Retention Facility - A request for Funding was submitted to the City of Roanoke for $72,320 for the City's Share of site preparation money for improvements to student parking and the construction of a water retention facility at Virginia Western Community College. 72,320 Emergency Services One (1) Replacement Ambulance - This will replace One (1) 1991 Ambulance, Vehicle #400A. Ford 61~723 Total $562,537 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Cl~rk October 18, 1995 File #1-45-270-280-301-467-472 Robert Butler Vice President American Management Systems, Inc. 4050 Legato Road Fairfax, Virginia 22033 Dear Mr. Butler: I am enclosing copy of Resolution No. 32692-101695 authorizing execution of a contract with American Management Systems, Inc., to provide an on-line purchasing system and training for such system, upon certain terms and conditions, in the amount of $131,250.00. Resolution No. 32692-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32692-101695. A RESOLUTION authorizing the execution of a contract with ~erican Management Systems, Incorporated to provide an on-line purchasing system and training for such system, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with American Management Systems, Incorporated to provide an on-line purchasing system and training for such system, as more particularly set forth in the October 16, 1995, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $131,250.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32691-101695. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 City Information Systems, Materials Control and School 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 1995-96 City Information Systems, Materials Control and School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: City Information Syst-m- Capital Outlay Capital Outlay (1) .............................. $ Revenue Transfer from Other Funds (2-3) ................. $ Materials Control FUnA A o i t' ns Operating $ Transfers to Other Funds (4) .................... Retained Earninas Retained Earnings - Unrestricted (5) ............ $ 792,302 792,302 232,600 518,292 370,661 418,727 Education Facilities (6) Other Uses of ::::::::::::::::::::::::::::::::::: 1) on-Line Purchase Order System 2) Transfer from Materials Control 3) Transfer from School Fund 4) Transfer to City Information System 5) Retained Earnings - Unrestricted 6) Machinery and Equipment 7) Transfer to City Information System (013-052-1602-9200) (013-020-1234-1120) (013-020-1234-1127) 232,600 212,600 20,000 (014-056-1613-9513) 212,600 (014-3336) (212,600) (030-060-6006-6662-0821) ( 20,000) (030-060-6007-6999-9513) 20,000 $ 79,809,164 952,256 2,645,971 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 95-343 Roanoke, Virginia October 16, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council SUBJECT: Bid Committee Report for Purchasing Application Software System Bid No. 95-7-52 IX. Background on the subject in chronological order is: '95-'96 Capital Maintenance and Equipment Replacement Proqram identifies the need to purchase an on line Purchasing System consisting of software, training and computer hardware. The software to operate an on line Purchasing System must be compatible to the existing Financial System in order to function correctly. The Roanoke City Schools utilize the City's Financial System and will also utilize the Purchasing System. An on-line Purchasing System consists of extended Purchasing Software, Fixed Asset Subsystem, Miscellaneous Hardware for Departments not having systems available and training including travel and expenses. Specifications were developed and requests for proposals were specifically sent to ten (10) vendors that had software available for on line Purchasing System. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Responses to the request for proposals were opened at 2:00 p.m. on August 15, 1995 in the Office of Supply Management. Current Situation is: One (1) response was received. That response was submitted by American Management Systems, Inc. which is the provider of the existing Financial System. Purchasing Application Software System Bid No. 95-7-52 Page 2 III. The proposal was evaluated in a consistent manner by representatives of the following departments: Finance City Information Systems Supply Management Municipal Auditing Roanoke City Schools The response, submitted by American Management Systems, Inc. meets all required specifications and is compatible with the existing Financial System. ~egotiations were conducted and an agreement was reached that, if purchased, the cost of the required system would be as follows: 1. Extended Purchasing Software $71,250 2. Fixed Asset Subsystem 20,000 3. Training and Expenses for System implementation 40~000 A Fund ApPropriation of $101,350 will also be needed to provide for the purchase of necessary PC's and related equipment to provide various departments the capability to utilize the system. All computer related equipment will be procured in accordance with the Procurement Section of the Code of the City of Roanoke. Issues A. ~eed B. Compliance with Specifications C. Fundinq Purchasing Application Software System Bid No. 95-7-52 Page 3 IV. Alternatives in order of Feasibility are: Authorize the City Manager to purchase requested software, including training and expenses for an on line Purchasing System from American Management Systems, Inc. for a cost of ~131r250 and also authorize the purchase of PC's at a cost of $101r350 to allow various departments the capability to use the system. Need for an on line Purchasing System is necessary to reduce paperwork, save time and improve internal controls. Compliance with specifications has been met by the response submitted by American Management Systems, Inc. 3. Fundinq is available as follows: $212~600 from Materials Control Prior Year Retained Earnings Account $20,000 from Roanoke City School Fund Account 030-060-6006-6662-0821 Do not authorize the City Manager to purchase requested software and do not appropriate Funds for the purchase of PC's as requested. Need to address the areas of procurement that will allow for reduction in paperwork, time savings and improved internal controls would not be accomplished. Compliance with specifications would not be a factor in this alternative. Fundinq designated for the acquisition of the requested software, hardware and related items for an On Line Purchasing System would not be expended at this time. Purchasing Application Software System Bid No. 95-7-52 Page 4 cc: V. Recommendation is that City Council concur with Alternative "A" as follows: Authorize the City Manager to purchase requested software, including training and expenses for an on line Purchasing System from American Management Systems, Inc. for a cost of $131t250 and PC hardware and related equipment for a cost of $101~350. B. Appropriate $212,600 as follows: $111t250 from Materials Control Prior Year Retained Earnings to City Information Systems Account 013-052-1602-9200 for software, training and related expenses. $101~350 from Materials Control Prior Year Retained Earnings Account to City Information Systems Account 013-052-1602-9200 for PC's and related equipment. Transfer $20~000 from Roanoke City School Fund Account 030-060-6006-6662-0821 to City Information Systems Account 013-052-1602-9200. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance City Clerk Director of Utilities & Operations Director of Public Works Manager, Management & Budget Manager, City Information Systems Manager, Supply Management Roanoke City Schools MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240! 1-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File ~22-72-184-236-357 Casey Riley, Director Virginia Department of Health Bureau of Sexually Transmitted Disease/Aids P. O. Box 2448 Main Street Station 1500 East Main Street Richmond, Virginia 23219 Dear Mr. Riley: I am enclosing copy of Resolution No. 32694-101695 authorizing acceptance of funds provided by a grant to the Roanoke City Health Department from the Bureau of Sexually Transmitted Disease/Aids with the Virginia Department of Health, in the amount of $35,000.00, to be used for continuance of the Health Counselor position, upon certain terms and conditions. Resolution No. 32694-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Dr. Molly L. Rutledge, Director of Public Health, Roanoke/Alleghany Health District, 515 Eighth Street, S. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32694-101695. A RESOLUTION authorizing the acceptance of funds from the Roanoke City Health Department for the continuance of the Health Counselor position, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City is authorized to accept funds from the Roanoke City Health Department provided by a grant to the Roanoke City Health Department from the Bureau of Sexually Transmitted Disease/Aids with the Virginia Department of Health, in the amount of $35,000.00, to be used for the continuance of the Health Counselor position, upon the terms and conditions described in the report of the City Manager to this Council dated October 16, 1995; and authorizing the City Manager, or bls designee, and the City Clerk to execute and attest, respectively, the requisite documents, in form a~proved by the City Attorney. ATTEST: City Clerk. IN THE CO~NCI~ OF THE CITY OF ROANOKEt VIRGINIA The 16th day of October, 1995. No. 32693-101695. Government of the exist. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, inpart: Health and Welfare AIDS Services and Education Grant 1995-96 (1-7)... $ 1,906,629 35,500 Reven~, Health and Welfare AIDS Services and Education Grant 1995-96 (8) ..... $ 1,906,629 35,500 1) Regular Employee Salaries 2) ICMA 3) FICA 4) Hospitalization Insurance (035-054-5168-1002) $ 26,500 (035-054-5168-1115) 2,340 (035-054-5168-1120) 2,168 (035-054-5168-1125) 5) Dental Insurance(035-054-5168-1126) 6) Life Insurance (035-054-5168-1130) 7) Training and Development (035-054-5168-2044) 8) State Grant Receipts (035-035-1234-7209) 2,100 110 54 2,228 35,500 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, VA October 16, 1995 #95-524 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: CONTINUATION OF A HEALTH COUNSELOR POSITION Mayor and Members of Council: I. Backqround The demand for HIV/Aids related services is growing in Roanoke City. In 1989~ 36 patients with HIV/Aids were known to the Health Department. As of January, 1995, over 600 patients have sought services through the HIV/Aids Program. Roanoke City Health Department is one of twenty- two designated anonymous test sites in Virginia. The clinic is open every Monday from 3 p.m. to 6 p.m. HIV testing is offered at no charge. In 1990 - 578 were tested, 1991 - 820 were tested, 1992 1,399 were tested, 1993 - 922 were tested, 1994 853 were tested. The Aids Council of Western Virqinia has provided case management services in the past to several patients within Roanoke City. However, their updated service plan states client services will be phased out. The responsibility for client services will rest in the HIV/Aids Program at the Roanoke City Health Department. Services will be provided to clients from jurisdictions to be served including Roanoke City, Roanoke County, City of Salem, Botetourt County, Craig County and Allegheny County in the Fifth Planning District. II. Current Situation The Roanoke City Health Department was awarded a grant for $32,000 in 1993 and $35~000 in 1994 from the Bureau of Sexually Transmitted Disease/Aids with the Virginia Department of Health to address case management service needs. This grant was again awarded to the Roanoke City Health Department for $35,500 for 1995. The Roanoke City Health Department has a limit on the number of full-time classified state positions to establish this position. III. Issues A. Services to citizens. B. Benefits to the Health Department. C. Supervision. D. Funding IV. Alternatives City Council authorize the City Manager to accept the grant from the Bureau of STD/Aids with the Virginia Department of Health and appropriate $35,500 to be established in the grant fund, with a corresponding revenue estimate. 1. Services to citizens - case management services will continue to be provided to help coordinate the complex medical and social needs of these citizens. Benefit to the Health Department - the additional staff position funded by the grant allows more community education, outreach, partner notification, and medical case management. Supervision - the Health Department will supervise this position. Funding - The Health Department will reimburse the City 100 percent of salary and benefits. Position will be terminated when funding is depleted. Do not authorize the City Manager to accept the grant from the Bureau of STD/Aids with the Virginia Department of Health and do not appropriate $35,500 to accounts to be established in the grant fund. Services to citizens - some citizens would not receive case management services. Benefits to the Health Department - Over-worked staff and low morale are the results of growing demand without adequate staff support. Supervision - not an issue. Fundinq - potential loss of grant funds to Roanoke City Health Department. Recommendation City Council authorize the City Manager to accept the grant from the Bureau of STD/Aids with the Virginia Department of Health. ADDropriate $35r500 to the following accounts to be established in the grant fund, with a corresponding revenue estimate. 1. Salaries $26,500.00 2. ICMA Deferred Compensation 2,340.00 3. FICA 2,168.00 4. Hospitalization Ins. 2,100.00 5. Life Insurance 54.00 6. Dental Insurance 110.00 7. Other (travel) 2~228.00 $35,500.00 Respectfully submitted, W. Robert Herbert City Manager GDR:gr cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human development Molly Rutledge, M.D., Acting Director of Public Health Diane S. Akers, Budget Administrator Ken Cronin, Manager, Department of Personnel Memorandum of Agreement Between ~he Bureau of STD/AIDS and Roanoke/Alleghany Health District MOA #45410-96-001-F The Bureau of STD/AIDS, Virginia Department of Health (VDH), and Roanoke/Alleghany Health District (RAHD) do hereby agree as follows: SERVICES: 1. RA~D shall provide services as outlined and explained in proposal dated May 4, 1995, in response to RFP# 45412-96-001 (attached). 2. RA~D will submit to the Bureau of STD/AIDS quarterly reports within 12 days after the end of each quarter. Quarterly reports should include: highlights, a restatement of each objective and/or strategy with activities undertaken to complete each one, obstacles encountered during the quarter, and numbers and basic demographic information on patients served. BUDGET: Total compensation for the program shall not exceed $35,500 as follows: Personnel Expenses $26,500 Fringe 5,800 Travel 300 Supplies 1,200 Brochures Other (Specify) 1,700 Total $35 560 $1000-grocery vouchers 100-staff development 600-"Your Special Day TIME OF PERFORMANCE: The time of performance shall begin on September 1, 1995, shall terminate on August 31, 1996. COMPENSATION: The total amount of the funding will be $35,500. Ail vouchers will be prepared on a quarterly basis and forwarded to the Bureau of STD/AIDS for review and final authorization. Vouchers should be sent to: Virginia Department of Health Bureau of STD/AIDS P.O. Box 2448, Room 112 Richmond, Virginia, 23218 Nothing in this Agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, RA}ID shall not assign, sublet, or subcontract any work related to this Agreement without prior consent of the Bureau of STD/AIDS. This Agreement is subject to appropriation or allocations by state or federal government. TERMINATION: 1. This Agreement may be cancelled by either party by giving 30 days written notice to the other, or 2. This Agreement shall be cancelled automatically in the event state or federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of this Agreement. 3. In'the event of breach by RA~D of this Agreement, the Bureau of STD/AIDS shall have the right immediately to rescind, revoke, or terminate the Agreement. In the alternative, the Bureau of. STD/AIDS may give written notice to P,A~D specifying the manner in which the Agreement has been breached. If a notice of breach is given and RA~D has not substantially corrected the breach within 30 days of receipt of the written notice, the Bureau of STD/AIDS shall have the right to terminate this Agreement. INTEGRATION AND MODIFICATION: This Agreement constitutes the entire Agreement between RARD and the Bureau of STD/AIDS. No alteration, amendment or modification in the provisions of this Agreement shall be effective until it is reduced to writing, signed by the parties, and attached hereto. Signature of this Agreement by both parties constitutes mutual agreement to all terms and conditions provided herein. VIRGINIA DEPARTMENT OF HEALTH ROANOKE/ALLEGHANY HEALTH DEPARTMENT Name: Title: Date: Director. Bureau of STD/AIDS Name ~ Title: MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #27-58-183-223-330-472 Larry G. Conner, Sr., President Aaron J. Conner General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 Edwin Bond Chief Engineer Bridges and Structures Norfolk Southern Corporation 99 Spring Street, S. W. Atlanta, Georgia 30303 Gentlemen: I am enclosing copy of Ordinance No. 32696-101695 accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A, in the total amount of $194,418.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and authorizing the proper City officials to enter into an agreement, on behalf of the City, with Norfolk and Western Railway Co., in the amount of $6,000.00, to allow the City to remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad. Ordinance No. 32696-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I 536 Telephone: (703) 981-2541 October 18, 1995 File ~27-58-183-223-330-472 SANDRA H. EAKIN Deputy City Clerk Wayne A. Dixon, President Dixon Contracting, Inc. P. O. Box 108 Fincastle, Virginia 24090 John Walker, Vice-President Mendon Pipeline, Inc. Mendon Box 429 Mendon, New York 14506 Don Dye, Vice-President J. P. Turner and Bros., Inc. P. O. Box 20041 Roanoke, Virginia 24018 Gentlemen; I am enclosing copy of Ordinance No. 32696-101695 accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A, in the total amount of $194,418.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and authorizing the proper City officials to enter into an agreement, on behalf of the City, with Norfolk and Western Railway Co., in the amount of $6,000.00, to allow the City to remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad. Ordinance No. 32696-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lfith day of October, 1995. No. 32696-101695. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; authorizing the proper City officials to enter into an agreement, on behalf of the City, with the Norfolk and Western Railway Company to allow the City to remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A, in the total amount of $194,418.00, as more particularly set forth in the October 16, 1995, report of the City Manager to this Council, such bid being in full compliance with the City's plans ~ed specifications made therefore and as provided in the contract documents offered said bidder, which bid is on file in the Office oftbe City Clerk, be and is hereby ACCEPTED. 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, the requisite contract with the successful bidder, based on its proposal made therefore and the City's specifications made therefore, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all othe~ bids made to the City for the aforesaid work ate hereby REJECTED, and the City Clerk is directed to notify each tach bidder and to express to each the CiOfs appreciation for such bid. 4. The City Manager or the Assistant City Manager and the City Clerk ate hereby authorized, on behalf of the City, to execute and attest, respectively, an agreement in the amount of $6,000.00 with Norfolk and Western Railway Company to allow the CiO] to remove, install, maintain, and operate a sanita~] sewer pipeline across property owned by the railroad. Such agreement may provide for indemnification by the City and shall contain any other reasonable terms and conditions deemed necessary and appropriate by the City Manager. The form of the agreement shall be approved by the City Attorney. $. 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 IN THZ CO~CIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32695-101695. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment 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 1995-96 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained' to read as follows, in part: Capital Outlay Peters Creek Replacement PC-6A (1) ................ $ 20,805,466 219,418 Rs~ained Earninos Retained Earnings - Unrestricted (2) .............. $ 18,788,690 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted (003-056-8473-9003) (003-3336) $ 219,418 (219,418) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. October 16, 1995 Council Report No. 95-194 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT PETERS CREEK SEWER REPLACEMENT PROJECT PC-6A & NORFOLK AND WESTERN RAILWAY COMPANY AGREEMENT I concur with the Bid Committee Report recommendations relative to the above referenced project and recommend it to you for appropriate action. Sincerely, obert~;rbert City Manager WRH/JGB/fm CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts & Fixed Assets Budget Administrator Manager, Supply Management October 16, 1995 Council Report No. 95-194 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: BID COMMITTEE REPORT PETERS CREEK SEWER REPLACEMENT PROJECT PC-6A & NORFOLK AND WESTERN RAILWAY COMPANY AGREEMENT Background on the subject in chronological order is as follows: Peters Creek PC-6A Sewer Replacement is a maintenance replacement project of an existing 24" corragated metal pipe that was once owned by Roanoke County. Project was properly advertised and bids were publicly opened and read aloud by D. Darwin Roupe, Manager of Supply Management, on Tuesday, September 19, 1995, for Peters Creek Sewer Replacement Project PC-6A. Aqreement with Norfolk and Western Railway Company to allow the City to install, maintain, operate and remove sanitary sewer pipeline across property owned by the railroad is required. This agreement also contains indemnification language that requires council approval. Four (4) bids were received with Aaron J. Conner, General Contractor, Inc., submitting the Iow bid in the amount of $194,418.00. II. Current situation is as follows: Sewer replacement project has been bid and now needs to be constructed. Proiect consists primarily of replacing 726 feet of sewer line along its existing alignment and profile through an existing box culvert under Norfolk and Western Railway to the south of Roanoke Electric Steel. Honorable Mayor & Members of City Council BID COMMITTEE REPORT PETERS CREEK SEWER REPLACEMENT PC-6A October 16, 1995 2of3 III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute a unit price contract in a form approved by the City Attorney, with Aaron J. Conner, General Contractor, Inc., in the amount of 9194,418.00 with 90 calendar days for completion with a project contingency of $20,000.00 and $5,000.00 for interfund billing for contract administration and inspection. Further authorize the City Manager to execute an agreement with Norfolk and Western Railway Company in a form approved by the City Attorney to maintain, install, remove and replace a sanitary sewer pipeline on railroad property and to indemnify the railroad of liability related to maintenance, installation, removal and replacement of the sanitary sewer pipeline. 1.a. Cost is 36.8% lower than the Engineer's estimate and was competitively bid and is considered reasonable. Cost of agreement with railroad is lump sum payment of $6,000.00 and is covered in the original approval by City Council for Land (easement) Acquisition. Funding is available in the Sewer Fund Retained Earnings account. Do not authorize the City Manager to execute a contract with Aaron J. Conner, General Contractor, Inc. nor an agreement with railroad. 1.a. Cost would be based on future bids. 1.b. Cost of railway permit would not be an issue. 2. Fundinq would remain in the Sewer Fund Retained Earnings Account. Honorable Mayor & Members of City Council BID COMMITTEE REPORT PETERS CREEK SEWER REPLACEMENT PC-6A October 18, 1995 3of3 V. Recommendation is as follows: City Council concur in Alternative "A" and take the following actions: Authorize the City Manager to execute a unit price contract with Aaron J. Conner, General Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A in the amount of $194,418.00 and authorize a project contingency of $20,000.00 and $5,000.00 for interfund billing for contract administration and inspection. Appropriate $219,418.00 from Sewer Fund Retained Earnings to a new account to be established by the Director of Finance in the Sewer Fund called Peters Creek Replacement PC-6A. Authorize the City Manager to execute necessary agreement with Norfolk and Western Railway Company. D. Reiect the other bids received. WRH/JGB/fm Attachment: Tabulation of Bids CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operation City Engineer Assistant to the City Manager for Community Relations Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Supply Management Utility Director, Roanoke County Commissioner of Revenue October 16, 1995 Council Report No. 95-194 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: BID COMMITTEE REPORT PETERS CREEK SEWER REPLACEMENT PROJECT PC-6A & NORFOLK AND WESTERN RAILWAY COMPANY AGREEMENT We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, /~ William White, ., Chain/man (.~hn H. Parrott Kit B. Kiser Charles M. Hu~i~e i0~/ WW/JGB/fm Attachment: Bid Committee Report cc: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets Manager, Supply Management TABULATION OF BIDS PETERS CREEK SEWER REPLACEMENT PROJECT PC-6A Bids were opened in General Services on Tuesday, September 19, 1995, at 2:00 p.m. BIDDER BID BOND AMOUNT Aaron J. Conner, General Contractor, Inc. Yes $194,418 J. p. Turner and Brothers, incorporated Yes 9215,210 Dixon Contracting, Inc. Yes 9266,480 Mendon Pipeline, Inc..._ . . Yes $294,970 Estimated Cost: 9307 800 Mattern & Craig, Inc. 701 First Street, S.W. Roanoke, Virginia 24016 Office of City Engineer Roanoke, Virginia October 16, 1995 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #121-123-472 Craig G. Patton Sales Manager Design Business Interiors, Inc.. 2710 Franklin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Patton: I am enclosing copy of Resolution No. 32697-101695 accepting the bid of Hards Office Furniture Co., Inc., in the total amount of $86,855,00, for interior furnishings for the Roanoke City Jail Annex, upon certain terms and conditions, and rejecting all other bids received by the City for said furnishings. Resolution No. 32697-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed furnishings. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #121-123-472 Douglas H. Hyre, Vice-President Harris Office Furniture, Co., Inc. 347 W. Campbell Avenue Roanoke, Virginia 24016 Dear Mr. Hyre: I am enclosing copy of Resolution No. 32697-101695 accepting the bid of Harris Office Furniture Co., Inc., in the total amount of $86,855,00, for interior furnishings for the Roanoke City Jail Annex, upon certain terms and COnditions, and rejecting all other bids received by the City for said furnishings. Resolution No. 32697-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32697-101695. A RESOLUTION accepting a bid of Harris Office Furniture Co., Inc., for providing and delivering the interior furnishings for the Roanoke City Jail Annex, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Harris Office Furniture Co., Inc., in the total amount of $86,855, for the interior furnishings for the Roanoke City Jail Annex, as more particularly set forth in the October 16, 1995, report of the City Manager to this Council, such bid being in full compliance with the ~ City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The Cit3fs Manager of Supply Management is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City% specifications, the terms of said bidder% proposal, and the terms and provisions of this measure, as more particularly set out in a report to this Council dated October 16, 1995. 4. Any and aH other bids made to the City for the aforesaid furnishings are hereby REJECTED, and the City Clerk is directed to noti~ each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia October 16, 1995 Council Report No. 95-197 Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, ^ illiam White,/,~hairman ~~u~~ I~n H. Parrott George ~nead W. ~lvin Hudson WW/LBC/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue October 16, 1995 Council Report No. 95-197 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W~.~Robe~rt He~ bert~' City Manager WRH/LBC/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue October 16, 1995 Council Report No. 95-197 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX Backqround on the subject in chronological order is as follows: Ao Bids, following proper advertisement, were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on October 4, 1995 at 2:00 p.m. Two (2) bids were received with Harris Office Furniture Co., Inc. submitting the Iow bid in the amount of $86,855 and 56 consecutive calendar days. Project consists of the interior equipment and furniture required to equip the new spaces in the Jail Annex. The major items are as follows: desks, files, audio visual equipment, seating, tables, work stations, window treatment, and other miscellaneous equipment as required by the contract documents. II. Current situation is as follows: A. Interior furnishings for the Jail Annex have been bid and now need to be purchased. III. Issues in order of importance are as follows: A. Compliance of the bidders with the documents for biddinq Amount of the Iow bid requirements of the contract C. Funding Honorable Mayor and Members of City Council BID COMMITTEE REPORT INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX October 16, 1995 Page 2 D. Time of delivery IV. Alternatives in order of feasibility are as follows: Award a lump sum purchase order to Harris Office Furniture Co., Inc. in the amount of $86,855 and 56 consecutive calendar days for the interior furnishings for the Roanoke City Jail Annex in accordance with the contract documents as prepared by Hayes, Seay, Mattern & Mattern, Inc. Compliance of the bidders with the requirements of the contract documents for biddinq was met. 2. Amount of the Iow bid is acceptable. Funding is available in Jail Expansion account number 008-052- 9685-9003. Time of delivery of the specified 56 calendar days is acceptable. This will provide necessary interior furnishings required for the operation of the Jail. B. Reject the bids and do not award a contract at this time· Compliance of the bidders with the requirements of the contract documents for biddin.q would not be an issue. Amount of the Iow bid would probably increase if rebid at a later date. Funding for the purchase of the interior furnishings, as well as other furnishings and equipment, would remain in the Jail Expansion account. ,· Time of delivery of the furnishings would be delayed; therefore, the Sheriff would not have furnishings to operate effectively. Honorable Mayor and Members of City Council BID COMMITTEE REPORT INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX October 16, 1995 Page 3 Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manaqer to issue a purchase order to Harris Office Furniture Co., Inc. for the providing and delivery of the interior furnishings for the Roanoke City Jail Annex, in accordance with the contract documents as prepared by Hayes, Seay, Mattern & Mattern, Inc. in the amount of $86,855 and 5._.~6 consecutive calendar days. B. Reject the other bids received. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Attachment: Tabulation of Bids CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Honorable Mayor and Members of City Council BID COMMITTEE REPORT INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX October 16, 1995 Page 4 CC; City Attorney City Clerk Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS INTERIOR FURNISHINGS ROANOKE CITY JAIL ANNEX Bids opened by D. D. Roupe, Manager, Office of Supply Management, on Wednesday, October 4, 1995, at 2:00 p.m. Contractor Lump Sum Bid Bond Harris Office Furniture Co., Inc. $86,855 Yes Design Business Interiors, Inc. $93,926 Yes Time of completion of the purchase order is specified as 56 consecutive calendar days. Engineers Estimate: $85,000 Hayes, Seay, Mattern & Mattern, Inc. Office of the City Engineer Roanoke, Virginia Roanoke, Virginia MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #209-472 Gary W. Jarrell Branch Manager Capital Boiler Works 707 Kessler Mill Road Salem, Virginia 24153 Dear Mr. Jarrell: I am enclosing copy of Ordinance No. 32698-101695 accepting the bid of Capital Boiler Works, Inc., in the total amount of $113,900.00, for replacement of the chiller in the Municipal South building, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32698-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 October 18, 1995 SANDRA H. EAKIN Deputy City Clerk File ~209-472 W. H. Overstreet Executive Vice-President G. J. Hopkins, Inc. P. O. Box 12467 Roanoke, Virginia 24025 Robert E. Clarke, President Southern Air, Inc. P. O. Box 4205 Lynchburg, Virginia 24502 Raymond E. Jackson, President Raymond E. Jackson Constructors, Inc. 4303 Campbell Avenue Lynchburg, Virginia 24501 Richard Zirkle, Operations Manager Morrison Mechanical & Building Services, Inc. P. O. Box 20275 Roanoke, Virginia 24018 Paul Monaghan, Vice-President Varney Electric Co., Inc. P. O. Box 3187 Roanoke, Virginia 24015 Gentlemen: I am enclosing copy of Ordinance No. 32698-101695 accepting the bid of Capital Boiler Works, Inc., in the total amount of $113,900.00, for replacement of the chiller in the Municipal South building, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32698-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF TI-lB CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1995. No. 32698-101695. AN ORDINANCE accepting the bid of Capital Boiler Works, Inc., for replacement of the chiller in the Municipal South building, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Capital Boiler Works, Inc., for replacement of the chiller in the Municipal South building, in the total amount of$113,900.00, as more particularly set forth in the October 16, 1995, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 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, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and ail other bids made to the City for the aforesaid work are hereby RFZECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. 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 fl~H force and effect upon its passage. ATTEST: City Clerk. October 16, 1995 Council Report No. 95-198 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, William F. Clark WW/LBC/kh Attachment: Bid Committee Report CC.' City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue October 16, 1995 Council Report No. 95-198 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Attachment: Bid Committee Report CC; City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue October 16, 1995 Council Report No. 95-198 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH Backqround on the subject in chronological order is as follows: Bids, followin.q proper advertisement, were publicly opened and rea~l aloud by D. Darwin Roupe, Manager, Office of Supply Management, on September 19, 1995 at 2:00 p.m. Six (6) bids were received with Capital Boiler Works, Inc., located in Salem, Virginia, submitting the Iow bid in the amount of $113,900. Work is to be completed by May 15, 1996. C. Proiect consists of the followinq: 1. Replace the original chiller. 2. Replace the original cooling tower. Related work including modifications to the electric service and equipment controls. II. Current situation is as follows: A. The oriqinal chiller is now 25 years old and could fail at any timo. B. The proiect has been bid and needs to be approved for construction. Honorable Mayor and Members of City Council BID COMMITTEE REPORT CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH October 16, 1995 Page 2 III. Issues. in order of importance are as follows: A. Compliance of the bidders with the requirements of the contracl. documents for bidding Amount of the Iow bid Funding Time of completion IV. Alternatives in order of feasibility are as follows: Award a lump sum contract to Capital Boiler Works, Inc. in the amount of $113,900 to be completed by ~. All work to comply with the contract documents as prepared by Lawrence Perry and Associates, Engineers, of Roanoke, Virginia· Compliance of the bidders with the requirements of the contra~[ documents for bidding was met. 2. Amount of the Iow bid is acceptable. Fundinq for this project is in the Building Maintenance account number 001-052-4330-3057. Time of co~ is specified to be May 15, 1996. This is to allow for the long lead time required for the manufacturer to deliver a chiller of the required size· This chiller is not a stock item. B. Reject the bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contracl documents for biddinq would not be an issue. Honorable Mayor and Members of City Council BID COMMITTEE REPORT CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH October 16, 1995 Page 3 Amount of the Iow bid would probably increase if rebid at a later date. Funding of the project would not be encumbered at this time. ~'ime of completion would be extended beyond May 15, 1996. This would mean the original Municipal Building chiller would not be replaced in a timely manner. It could delay the project as much as one year, or the existing chiller could break down and leave the building without the capacity to cool the work and meeting areas. Recommendation is as follows' City Council concur in alternative "A" and take the following actions: Authorize the City Manager to enter into a contractual a.qreemenl, in form approved by the City Attorney, with Capital Boiler Works, Inc. for the chiller replacement in Municipal South in accordance with the contract documents as prepared by Lawrence Perry and Associates, Inc. in the amount of 8113,900. Work to be completed by May 15, 1996. B. Reiect the other bids received. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Honorable Mayor and Members of City Council BID COMMITTEE REPORT CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH October 16, 1995 Page 4 Attachment: Tabulation of Bids CC; City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS CHILLER REPLACEMENT MUNICIPAL BUILDING SOUTH Bids opened by D. D. Roupe, Manager, Office of Supply Management, on Tuesday, September 19, 1995, at 2:00 p.m. Bidder Lump Sum Bond Capital Boiler Works, Inc. $113,900 Yes Raymond E. Jackson Constructors, Inc. 122,869 Yes Morrison Mechanical & Building Services, Inc. 126,200 Yes G. J. Hopkins, Inc. 132,400 Yes Southern Air, Incorporated 141,600 Yes Varney Electric Co., Inc. 145,291 Yes Time of completion is specified as May 15, 1996, Engineers Estimate: $120,000 to $130,000 Lawrence Perry and Associates, Inc. Consulting Engineers Roanoke, Virginia Office of the City Engineer Roanoke, Virginia MARY F, PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN October 18, 1995 File #24-34-79-106-163 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Loven: I am enclosing copy of Ordinance No. 32661-101695 amending and reordaining Section 32-108, Taxoayer's return - Generally, and subsection (5) of §32-108.1, ~ oersonal property tax c~enerally, of Article III, Tax on Tangible Personal Prooertv Generally. of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for the filing by exception for personal motor vehicle tax returns and to provide that motor vehicle tax returns shall be filed thirty days from date of purchase of a new vehicle, and such tax paid within sixty days of purchase date, effective January 1, 1996. Ordinance No. 32661-101695 was adopted by the Council of the City of Roanoke on first reading on Monday, September 25, 1995, also adopted by the Council on second reading on Monday, October 16, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue~ S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 October 18, 1995 File #24-34-79-106-163 SANDRA H. EAKIN Deputy City Clerk Evelyn Jefferson Vice-President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32661-101695 amending and reordaining Section' 32-108, TaxDayer's return - Generally. and subsection (5) of §32-108.1, Proration gl' oersonal oroDer[v tax generally, of Article III, Tax on Tanoible Personal Pro~3ertv Generally, of Chapter 32, Taxati0rl, of the Code of the City of Roanoke (1979), as amended, to provide for the filing by exception for personal motor vehicle tax returns and to provide that motor vehicle tax returns shall be filed thirty days from date of purchase of a new vehicle, and such tax paid within sixty days of purchase date, effective January 1, 1996. Ordinance No. 32661-101695 was adopted by the Council of the City of Roanoke on first reading on Monday, September 25, 1995, also adopted by the Council on second reading on Monday, October 16, 1995, and will take effect ten days following the date of its second reading. Please include Ordinance No. 32661-101695 in Supplement No. 35 to the Roanoke City Code. Sincerely, Mary r.r~r , CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32661-101695. VIRGINIA, AN ORDINANCE amending and reordaining Section 32-108, Taxpayer's return Generally, and subsection (5) of S32-108.1, Proration of personal property tax qenerall¥, of Article III, Tax on Tanqible Personal Property Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for the filing by exception for personal motor vehicle tax returns and to provide that motor vehicle tax returns shall be filed thirty days from date of purchase of a new vehicle, and such tax paid within sixty days of purchase date; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-108, TaxDayer's return - Generally, and subsection (5) of S32-108.1, Proration of personal property tax generally, of Article III, Tax on Tanqible Personal Property Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 32-108. Taxpayer's return - Generally. (a) Every person owning any of the property taxable under section 32-104 of this article, except motor vehicles including trailers, and having its situs in the city on the tax day shall file a tangible personal property tax return with the commissioner on forms prescribed therefor on or before February 15 of each year. (b) Provided a previous personal property return for a motor vehicle including a trailer not used or employed in a trade or business has been filed by the owner or owners of such property and there has been no change in name or address of the owner or owners nor has the motor vehicle had a change in status or situs since the previous flllng, no tangible personal property tax return need be filed. (c) The owner of a motor vehicle including a trailer not used or employed in a trade or business shall file a new tangible personal property tax return within thirty days after occurrence of any of the following events= (1) a change in the name or address of the person or persons owning such motor vehicle taxable by the city~ (2) a change in the situs of such motor vehicle~ (3) any other change affecting the assessment or levy of the personal property tax on such motor vehicle for which a tax return was previously filed; or (4) any change in which a person acquires one or more such motor vehicles and for which no personal property tax return has been filed. (d) Upon written application filed prior to the deadline for filing a tangible personal property tax return, and upon good cause shown, the commissioner of the revenue shall be authorized to grant an extension of time for the filing of such return not to exceed ninety (90) days from the original tangible personal property tax return due date. The commissioner shall keep a record of every such extension. If any taxpayer who has been granted an extension of time for filing his return fails to file his return within the extended time, his case shall be treated as if no extension had been granted. (e) Any person who falls to file his tangible personal property tax return on or before the deadline or on or before the extended deadline for the filing of such return as established by the commissioner pursuant to paragraph (d) of this section shall pay a penalty of ten percent (10%) of the tax assessable on such return. S32.108.1. Proration of personal DroDerty tax qenerall¥. The personal property tax assessed against motor vehicles and trailers shall be prorated for the period of time the property has its tax situs in the clty, or is owned by any person within the city, as follows= When any personal property acquires a tax situs in the city or is transferred to a new owner tn the city, the owner or purchaser of the property shall declare such property with the commissioner within thirty (30) days of the purchase date, and the commissioner shall assess such property pursuant to subsection (1) of this section. For failure to declare such property within thirty (30) days of purchase, any owner or purchaser shall be subject to the same penalties and interest as established in section 32-106 of this article for failure to pay tax imposed. Any such tax shall be due and payable within sixty (60) days of purchase or May 31 of the tax year, whichever shall occur later, and failure to pay in a timely fashion shall subject the owner of the purchase to the penalties and interest as established by section 32-106 of this article. 2. This ordinance shall be in full force and effect on and after January 1, 1996. ATTEST: City Clerk. MARSHA COMPTON FIELDER Commissioner of the Revenue CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Telephone: (703) 981-2521 Fax: (703) 224-3115 September 25, 1995 The Honorable Mayor and Members of City Council Roanoke, Vir~nia Dear Mayor Bowers and Members of Council: The Repoit to Council and Ordinance attached regarding Personal Property Filing By Exception is presented for your consideration and review. The urgency with which I present this to you stems fi:om the need to immediately send out for bid the forms for our 1996 filing year. A second consideration is the need for our computer department to have the necessary time to make any modifications they determine needed in our personal property system prior to our filing season beginning January 1. I look forward to answering any questions you may have on this issue and to seeing you on Monday. Sincerely, Marsha Compton Fielder Commissioner of the Revenue cc: City Attorney City Manager City Clerk Director of Finance MARSHA COMPTON FIELDER CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Tclephone: (703) 981-2521 Fax: (703) 224-3115 Roanoke, Vir~nia September 25, 1995 Honorable Mayor and Members of City Council Roanoke, Vir~nia Dear Mayor Bowers and Members of Council: Subject: Personal Property Filing By Exception Background on the subject begins with the 1994 General Assembly enacting a new section of the Code of Vir~nia, specifically section 58.1-3518.1 to provide legal authority for the Commissioner of the Revenue to assess and tax motor vehicles based upon tax returns for prior years. The current situation is that under previous state law and current local ordinance, every motor vehicle owner is required to file a remm with the Commissioner's office by Febma~ 15, regardless of whether there has been any change in the vehicle's status, or value, or the owner's name or address. Current local ordinance on proration provides that, when a vehicle acquires its tax situs in the City after January 1, the owner is required to report such property to the Commiasioner within 30 days of DMV registration date to avoid penalty and to pay the tax assessed within 60 days of DMV registration. Part of the recommendation of this report is to change the requirement of registering within 30 days and paying within 60 days of the "DMV registration date" to within 30 and 60 days from the date of vehicle purchase. The purchase date is a date certain and equates to the acquisition of situs in the City more promptly and accurately than the DMV registration date. 11I. Issues in order of importance are: A. Fiscal lm~nact: Savings in City mailing costs, future printing costs, and taxpayer return mailing is estimated to be $125,000 B. Customer Service: Elimination of required filing deadline of February 15 which will eliminate the late filing penalty at that date; this will greatly increase our customer service orientation. C. Efficiency: Reduction in Commissioners office processing of taxpayer returns which are already correct during peak work time; this time saved will be used for generating additional revenue. IV. Alternatives regarding filing by exception for personal properW tax: A. City Council adopt the attached ordinance amending the Code of the City_ of Roanoke to allow filing by exception for motor vehicles personal property tax purposes and to provide that motor vehicle tax returns shall be filed within 30 days form the date of vehicle purchase and paid within 60 days from the date of vehicle purchase. 1. The filing by exception amendment does not affect the filing of property tax returns for motor vehicles owned by a business. A motor vehicle owner who is not a business will still be required to file a return within thirty (30) days in the following situations: a. Each time a motor vehicle is acquired with a Roanoke City situs and for which no previous personal property tax return has been filed. b. A change in the name or address of the person or persons owning a personal motor vehicle taxable by the City of Roanoke. c. A change in the situs of a personal motor vehicle. d. Any other change affecting the assessment or levy of the personal property tax on a personal motor vehicle for which a tax return has been filed previously. The filing by exception change would not effect the filing by any business for business personal property including motor vehicles or trailers or any non- prorated personal property. B. City Council not adopt the attached ordinance, thereby not saving an estimated $125,000 anmlally in associated costs. The City would also not enhance the goodwill opportunity from the elimination of the February 15 tax filing deadline. The Commissioner's office would not be in a position to increase productivity and efficiency during its peak workload time with current staffifthis ordinance is not adopted. V. Recommendation: City Council adopt the attached ordinenee to be effective January 1, 1996, amending the Code of the City of Roanoke to enable filing by exception for personal property tax, to require the vehicle's owner to register within thirty days and pay within sixty days of the vehicle purchase date. Respectfully submitted, Marsha Compton Fielder Commissioner of the Revenue Gordon E. Peters Treasurer cc: City Attorney City Manager City Clerk Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 : Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 JAMES D. GRISSO Director of Finance September 25, 1995 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Honorable Mayor and Members of Council: We concur with the personal property tax filing by exception report. This will eliminate a filing deadline and the ten percent (10%) non-filing penalty. All ~ personal property taxpayers that have complied with our current filing requirements with the Commissioner of the Revenue will be billed by the Treasurer. The personal property revenue base will remain intact. Penalties and interest revenues may be reduced, but the reduction is negligible. Modifications will be required to the personal property computer programs and financial stationery. We recommend your approval of the proposed changes. Sincerely, James D. Grisso Director of Finance JDG:s Honorable Mayor and Members of City Council September 25, 1995 Page 2 C: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Marsha Compton Fielder, Commissioner of the Revenue Gordon E. Peters, Treasurer Mary F. Parker, City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 R~anoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #17-132 Donald J. Borut Executive Director National League of Cities 1301 Pennsylvania Avenue, N. W. Washington, D. C. 20004 Dear Mr. Borut: I am enclosing copy of Resolution No. 32699-101695 designating the Honorable David A. Bowers as Voting Delegate and the Honorable Elizabeth T. Bowles as Alternate Voting Delegate, for the Annual Business Meeting of the National League of Cities to be held on November 29 - December 2, 1995, in Phoenix, Arizona. Resolution No. 32699-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, .~.~._ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: R. Michael Amyx, Executive Director, Virginia Municipal League, P. O. Box 12203, Richmond, Virginia 23241 Chairperson, Credentials Committee, National League of Cities, 1301 Pennsylvania Avenue, N. W., Washington, D. C. 20004, Attn: Lesley-Ann Rennie The Honorable David A. Bowers, Mayor The Honorable Elizabeth T. Bowles, Council Member, 3637 Grandview Avenue, N. W., Roanoke, Virginia 24012 IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of October, 1995. No. 32699-101695. VIRGINIA, A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as For the National League of Cities Conference to be held on November 29 through December 2, 1995, and any Business Meetings in connection with such Conference, the Honorable David A. Bowers is hereby designated Voting Delegate, and The Honorable Elizabeth T. Bowles is hereby designated Alternate Voting Delegate. 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. ATTEST: City Clerk. TO: 1995 CONGRESS OF CITIES -- PHOENIX, ARIZONA Chairman, Credentials Committee National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 The Official voting delegate and alternates for the City of FOF~ omc~ Os~ ~t" The Honorable David A. Bowers Roanoke, Virginia are as follows: VOTING DELEGATE Mayor NAME TITLE Roanoke Virginia CITY STATE The Honorable E1 izabeth A~-[-~iN]~T,E~OTING DELEGATES 2. Council Member NAME TITLE Roanoke Virginia CITY .~, S~t si,.,, ~: I~"'~).,~; ~,: C i ty NOTE 3 NAME TITLE CITY STATE Clerk ,,~,: October 18, 1995 PLEASE O0 NOT FILL IN SHADED AREA TH~S IS FOR NLC OFFICE USE ONLY MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE ,OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 18, 1995 File #53-217-467 The Reverend C. Nelson Harris, Chairperson Roanoke City School Board 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Resolution No. 32702-101695 authorizing issuance of not to exceed $4,400,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 1995-A, to be sold to the Virginia Public School Authority and providing for the form and details thereof. Resolution No. 32702-101695 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 16, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Noiley, Clerk of the Roanoke City School Board IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th Day of October, 1995 Resolution No. 32702 -101695 RESOLUTION AUTHORIZING THE ISSUANCE OF NUT TO EXCEED $4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1995 A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in July 1994 and May 1995, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the applications (the "Applications") of the School Board of the City of Roanoke, Virginia (the "School Board"), for loans in the aggregate amount of $4,400,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List} WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Applications on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Applications and the approval, by the Board of Education, of the Applications as having met all conditions for a loan from the Literary Fund~ WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced~ WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan~ WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4.00%) per annum and mature in annual installments for a period of twenty (20) years~ 211902-1. 923\9-27-9§\4. aha WHEREAS, in connection with the 1995 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the Council (the "Council") of the City has determined that it is necessary and expedient to borrow not to exceed $4,400,000 to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the Council held a public hearing, duly noticed, on October 16, 1995, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.1-227.8(A), of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $4,400,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. To the extent permitted under Section 15.1-227.2 of the Public Finance Act'of 1991 (Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended) (the "Act"), the Council hereby elects that the Bonds be issued under the provisions of the Act without regard to the requirements, restrictions or other provisions contained in any charter or local or special act applicable to the City. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The Mayor of the City, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 17, 1995, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be lssuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1995 A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1996 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") set forth on Schedule I attached hereto and in the amounts set forth under "VPSA Loan" on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and 211902-1. 923\9-27-95\4. gnc 3 interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) Ail overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Signet Trust Company, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certif~¢ate as to Arbitrage. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessar~ in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The' Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14.- Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. Attest: City Clerk 211902-1. 923\9-27-95\4. snc 5 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bend Series 1995 A The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1996 and annually on July 15 thereafter to and including July 15, 2015 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 1996 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. 211902-1. 92319-27 -95% 4. snc A - 1 For as long as the Virginia Public School Authority is the registered owner of this Bond, Signet Trust Company, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Council of the City authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia 1950, as amended, and resolutions duly adopted by the Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in denominations of $5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia Public School Authority, the City shall deliver, at its expense, this Bond in marketable form, in exchange for the temporary typewritten Bond. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia, has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1995. 211902-1 · 923%9-27 -95% 4. snc A - 4 CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, City of Roanoke, Virginia Mayor of the City of Roanoke, Virginia 211902-1 · 923\9-27 -95\ 4. eric A- 5 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a men~ber firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alter- ation or change.) The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct copy of a resolution duly adopted by the Council at a meeting held on October 16, 1995, by the following vote: Council Member Vote David A. Bowers, Mayor William White, Sr. Elizabeth Bowles Mac McCadden John S. Edwards Linda F. Wyatt John H. Parrott I hereby further certify scheduled meeting, that, foregoing resolution, a quorum was present, is recorded in the minutes of the meeting. that such meeting was a regularly during the consideration of the and that such vote WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this day of , 1995. Clerk, City of Roanoke, Virginia [SEAL] 211902-1. 923\9-27-95\4. snc Roanoke Times & World-News ~d Nu~er: 100271729 Publisher's Fee: $107.30 ROANOKE CITY SCHOOLS R L KELLEY BUS AFFAIRS P O BOX 13145 ROANOKE, VA 24031 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which cozporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/02/95 FULL RUN - Monday 10/09/95 FULL RUN - Monday Witness, this 12th day of October 1995 Authorized Signature NOTICE OF PUBLIC HEARING ON PROPOSED BOND ISSUE BY THE CITY OF ROANOKE, VIRGINIA Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council") will hold a public hearing on the proposed issuance of bonds by the City of Roanoke. The general purpose for which the bonds are to be issued is to provide funds, together with other available funds, to finance certain capital projects for school purposes and the estimated maximum amount of such bonds is $4,400,000.00. The public hearing, which may be continued or adjourned, and at which persons may appear and present their views on the proposed bond issue, will be held at 7:00 p.m. on October 16, 1995, before the Council in the Council Chamber of the Municipal Building at 215 Church Avenue, S.W. in Roanoke, Virginia. Given under my hand this 27th day of September , 1995. Mary F. Parker City Clerk Roanoke, Virginia Publish in the Roanoke Times and World-News, once on Monday, October 2, 1995, and once on Monday, October 9, 1995. Send the publisher's affidavit to: Mary F. Parker, City Clerk Room 456 Municipal Building 215 Church Avenue Roanoke, VA 24011-1536 Send publisher's bill to: Richard L. Kelley, Assistant Superintendent of Operations Roanoke City Schools P.O. Box 13145 Roanoke, VA 24031 CITY OF ROANOKE Interdepartmental Communication DATE: September 27, 1995 TO: Mary F. Parker, City Clerk FROM: William X Parsons, Assistant City Attorney COx/O~ SUBJECT: VPSA Bonds At the September 25, 1995 meeting of the City Council, I understand that Council agreed to hold a Public Hearing on October 16, 1995, regarding issuance of VPSA bonds. Enclosed is the Notice of Public Hearing which should be published on October 2 and October 9, 1995. I have approved the form of this notice. Thank you for your attention to this matter. Please contact me if you have any questions about this memorandum. WXP/Isc Attachment CC~ June Nolley, Clerk of School Board Richard L. Kelley, Assistant Superintendent of Operations CITY OF ROANOKE Interdepartmental Communication DATE: October 4, 1995 TO: FROM: Mary F. Parker, City Clerk William X Parsons, Assistant City Attorney SUBJECT: VPSA Bond Sale At the October 16, 1995 meeting of City Council there will be a Public Hearing on the proposed sale of $4,400,000.00 School Bonds to the Virginia Public School Authority. Attached for filing is a copy of the sample bond sale agreement plus enclosures, which should be available for review by members of City Council and the public. The resolution authorizing the issuance of the bonds shall provide that the appropriate officials of the City will be authorized to enter into agreements in substantially the form submitted to Council. Thank you for your cooperation in this regard. WXP/lsc Attachment cc: Wilburn C. Dibling, Jr., City Attorney VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT dated as of October 17, 1995 Name of Jurisdiction (the "Local Unit"): City of Roanoke Sale Date: Not earlier than November 20, nor later than December 7, 1995 Closing Date: On or about December 21, 1995 Principal Amount (Not to Exceed): $4,400,000 Amortization Period: Up to Twenty (20) Years 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general obligation school bonds in an amount not to exceed the Principal Amount set forth above from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the Sale Date. You represent that on or before October 17, 1995, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your bonds must be approved by the VPSA prior to adoption of the local resolution by your local governing body. You hereby covenant that you will comply with and carryout all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix F, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. The VPSA will advise you by September 1 of each year as to whether you were a Material Obligated Person ("MOP") as of the end of the preceding fiscal year and will also advise you of your status as a MOP as of any other date upon your written request. You hereby covenant that (i) if you are a MOP and (ii) the VPSA is issuing additional obligations, that you will (a) The local resolution has been drafted for the issuance of bonds by a County. Bond counsel will need to make appropriate changes in the local resolution for the issuance of bonds by a City or Town. 211902-1. 926\9-27 -95\4. snc make such additional filings, if any, as in your judgement are necessary, with Nationally Recognized Municipal Securities Information Repositories ("NRMSIRs") and the Municipal Securities Rulemaking Board ("MSRB") to make the information on file with NRMSIRs and the MSRB true, correct and complete and (b) deliver to the VPSA upon the date of delivery of its obligations, a certificate that the information on file, taken together, is true and correct, and did not as of the date of filing, and does not as of the date of delivery of the VPSA obligations, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purpose for which the filings are to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. VPSA's commitment to purchase your bonds is contingent upon VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution and the school board resolution (see Appendix E attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSA, Central Fidelity National Bank and Commonwealth Investment Counsel, Inc., the depository and the investment manager, respectively, for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to (i) the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, (ii) the conformity of the terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and (iii) the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (f) a transcript of the other customary closing documents not listed above, and (g) the proceeds of VPSA's bonds. Two complete transcripts (one original) of the documents listed above shall be provided by your counsel to the VPSA on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than ten (10) business days after the Closing Date. This Bond Sale Agreement shall take effect on October 17, 1995. Virginia Public School Authority City of Roanoke By: Authorized VPSA Representative Name: Title: APPENDIX A to the Bond Sale Agreement STANDARD TERMS AND CONDITIONS Described below are terms of the local school bonds which must be embodied in your bond resolution and bond form and other conditions which must be met in order for VPSA to purchase your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless and until such terms are present in the related bond resolution and bond form adopted by your governing body and such conditions are met. Interest and Principal Payments Your bonds will bear interest from the Closing Date~ set forth in the Bond Sale Agreement and will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will bear interest payable in installments due semiannually on January 15 and July 15. The first interest installment and the first principal installment will be payable on July 15, 1996. Your bonds will bear interest at rates 10 basis points (0.10%) above the actual rates on VPSA's bonds with corresponding principal payment dates. Payment For so long as the VPSA is the registered owner of your bonds, (i) the paying agent and bond registrar therefor shall be a bank or trust company qualified to serve as such, and If VPSA does not purchase your local school bonds on the Closing Date due to your falhire~ VPSA will invest~ in demand or overnight investments~ the amount of its bond proceeds to be used to purchase your local school bonds. If you remedy your failure within the sixty (60) day period following the Closing Date~ the VPSA will purchase your local school bonds and your bonds will bear interest from the date of delivery and payment or other date satisfactory to the VPSA. You will~ however~ be required to pay to VPSA an amount equal to the positive difference, if any~ between the amount of interest that would have accrued on your local school bonds from the Closing Date to your actual closing date and the amount of interest income VPSA was able to earn~ during such period~ from the investment of its bond proceeds pending their use to purchase your bonds. (ii) all payments of principal, premium, if any, and interest shall be made in funds that shall be immediately available to the VPSA on or before 11:00 A.M. on the applicable interest or principal payment date, or date fixed for prepayment or redemption, or ff such date is not a business day for banks in Virginia or for the Commonwealth, then on or before 11:00 A.M. on the business day preceding such scheduled due date. Overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rates on your bonds. Prepayment or Redemption Bonds in the 1995 Interest Rate Subsidy Program will not be subject to redemption or prepayment. Bonds not issued pursuant to the Interest Rate Subsidy Program shall be subject to redemption at the option of your governing body. If your governing body determines that your bonds shall be subject to prepayment or redemption prior to maturity, your bond resolution shall provide for prepayment or redemption as follows: The bonds maturing after July 15, 2006 are subject to optional prepayment or redemption prior to maturity by [the issuer], from any available moneys, in whole or in part, on any date on or after July 15, 2006, at the following prepayment or redemption prices on the following prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or redemption: Dates Price July 15, 2006 through July 14, 2007 July 15, 2007 through July 14, 2008 July 15, 2006 through July 14, 2009 July 15, 2009 and thereafter 103% 102 101 10o Provided, however, th,t the bonds shull not bo subject to prepayment o~' redemption prior to their respective maturities ~t ~ ~e p~or ~ ~nt of ~e ~ o~er. Notice of any such prepayment or redemption shell be given to the registered owner by registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment or redemption. Security Your bonds must constitute valid and binding general obligations for the payment of which the full faith and credit of the local unit are irrevocably pledged, and all taxable property within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all other taxes and without limitation as to ~ate or amount, for the payment of the principal of, and premium, if any, and interest on the bonds to the extent other funds of the local unit are not lawfully available and appropriated for such purpose. Tax Matters You shnl! complete the ~ues~onn.i~e attached hereto as Appendix D to the Bond Sale Agreement and send alon~ with the Bond Sale Agreement no later than the elope of business on October 17, 1995 to Gary Ometar, Debt Manager, Virginia Public School Authority, P.O. Box 1879, Riehmond, Vir~niA 23215-1879. If delivered by band to, Gary Ometer, Debt Man.=c. er, Vir~niA Public School Author/ty. James Monl~e Building- 31'd Floor, 101 N. 14th Street, Richmond, Vh-gio,d- 23219. You shall execute the Use of Preceeds Certificate in the form provided in Appendix C attached to the Bond Sale Agreement for receipt by the VPSA at least three business days prior to the Closing Date. 2 No Composite Issue You will covenant not to sell or deliver, without VPSA's consent, any general obligation bonds which are part of the same common plan of financing (and payable from the same source of funds) as your local school bonds, begiDnlng, in the case of a sale, 15 days in advance of and ending 15 days after the Sale Date. VPSA requires that the Use of Proceeds Certificate be executed separately from the tax certificates prepared by your bond counsel. Your bond counsel may also prepare one or more tax certificates that contain some information found in the Use of Proceeds Certificate in addition to information such as your reasonable expectations as to meeting the requirements to any of the rebate exceptions. Request and Consent of County School Boards Before the governing body of a County adopts the bond resolution, the County School Board must first request, by resolution, the governing body to take such action. The County School Board must also consent to the issuance of bonds by the County. (See form of resolution in Appendix E attached hereto. ) Public Hearing and Notice Before the final authorization of your issuance of the bonds by the governing body, the governing body must hold a public hearing on the proposed issue unless the issuance of such bonds has been approved at referendum. The notice of the hearing, meeting the requirements of Section 15.1-227.8, Code of Virginia 1950, as amended, must be published once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper published or having general circulation in your locality. The public hearing may not be held less than 6 nor more than 21 days after the date the second notice appears in the newspaper. Delivery VPSA will accept delivery of your bonds only in the form of a single, type~Titten, temporary bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, bonds in marketable form in denominations of $5,000 or any whole multiple thereof, as requested by VPSA. Comprehensive Annual Financial Report Annually for the life of your bonds, you will be required to submit a copy of your locality's Comprehensive Annual Financial Report ("CAFR") to the rating agencies referenced below: Moody's Investors Service Public Finance Department Attention: Edward Krauss 99 Church Street New York, New York 10007 Fitch Investors Service Governmental Finance Attention: Claire O. Cohen One State Street Plaza New York, New York 10004 Not applicable to cities and towns. (Section 15.1-227.41, Code of Virginia) [Appropriate Changes Will Need to be Made for Cities and Towns] APPENDIX B to the Bond Sale Agreement Resolution No. __ RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $ GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF , VIRGINIA, SERIES 1995 , TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, on , 199__, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of County, Virginia (the "School Board"), for a loan of $ (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in County, Virginia (the "County"), on the First Priority Waiting List; WltEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the mount of the Application and the approval, by the Board of Education, of the Application as having met ail conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the mounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at __ percent %) per annum and mature in annual installments for a period of twenty (20) years; F:\SHAR~D\DEl~VPSA\ISSUE~95C'~NXB95C~ub B-1 Seplember 15, 1995 WHEREAS, in connection with the 1995 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Litera~y Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"); WHEREAS, the Board of Supervisors (the "Board") of the County of , Virginia (the "County"), has determined that it is necessary and expedient to borrow not to exceed $ and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County [held/will hold] a public hearing, duly noticed, on · 1995, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.1-227.8.A, Code of Virginia 1950, as amended (the "Virginia Code"); and! WHEREAS, the School Board of the County has, by resolution· requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF , VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $ (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The Chairman of the Board, the County [Administrator/Manager], and such officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 17, 1995, with the VPSA ~ Omit and substitute appropriate recitative paragraph if bonds are approved at referendum. F:\SHARED\DEB'T\VI, SA\IssUL~95C'v~PNXI~95C.~ub B-2 Septcrnt~r 15, 1995 providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1995 __ "; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1996 (each an "Interest Paymem Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Princinal Installments. The County [Administrator/Manager] is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the tree interest cost of the Bonds does not exceed eight percent (8%) per anm~m. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County [Administrator/Manager] is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the V-PSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Extu'bit A. 6. Pa_vment: Pa~ine A~ent and Bond Refistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) , Paying Agent for the Bonds. , Virginia, is designated as Bond Registrar and 7. No Redemntion or Prenavment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affLx the seal of the County thereto. 9. pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstar~ding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. l. lsq 0f Pro~eds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Proeram: Proceeds A~m-eement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County [Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with F:\SHAI~D\DF~*'I~V'PSA\ISSUL:~95C~t~C~ub B4 S*ptcmbcr 15, 1995 respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting which form is hereby approved. 12. Continuing Disclosure Aereement. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. l~]lillg~L~llllll~. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confhmaed. 15. ~. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of , Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on ,1995, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. F:\SHAP. oED\DEl~VIaSA\iSSUE~95C~NXB95C.sub B-5 September 15, 1995 WITNESS MY HAND and the seal of the Board of Supervisors of the County of , Virginia, this day of ,1995. Clerk, Board of Supervisors of the County of , Virginia [SEAL] F:\SHARED\DEBT~V'PSA\ISSUE~95~NXB95C.sub B-6 September 15, 1995 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF General Obligation School Bond Series 1995 [ "] The COUNTY OF , VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLIARS ($ ), in annual installments in the amounts set'forth on Schedule I attached hereto payable on July 15, 1996 and annually on July 15 thereafter to and including July 15, 2015 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 1996 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. Letter designation. F:\$HARED\DEB~VPeoA\IS.9~9~;L-~pNXBg~C. sub A-1 September 15, 1995 For as long as the Virginia Public School Authority is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, ff any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or F:\$HARED\DEBT~VPSA\ISSUE~95C'~NXB95C.sub A-2 Septerab~r 15, 1995 amount and shall be in addition to ail other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose, This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia 1950, as amended, and resolutions duly adopted by the Board of County Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the instailments of principal of this Bond then unpaid, issuable in fully registered form in denominations of $5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia Public School Authority, the County shall deliver, at its expense, this Bond in marketable form, in exchange for the temporary typewritten Bond. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. F:\SHARED\DEBT~VI~A\I&SUL~9~C~,PNXB9~CsuO A-3 5ep~ernb~r 15, 1995 The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of has caused this Bond to be issued in the name of the County of , Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1995. COUNTY OF , VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of , Virginia Chairman, Board of Supervisors of the County of , Virginia F:\SHARED\DEBI~VPSA\ISSUL~95C~APNXBg$C.sub A4 September 1~, 1995 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PI .EASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) F:\SHARED\DEBTXVPSA\ISSUE~95C~APNXB95C.sub h-5 September 15, 1995 APPENDIX C to the Bond Sale Agreement USE OF PROCEEDS CERTIFICATE In connection with the issuance by [Name of Local Unit] (the "Issuer") of its $ General Obligation School Bonds, Series 1995__ (the "Bonds"), which will be purchased by the V~olnia Public School Authority ("VPSA") from the proceeds of the VPSA's $ School Financing Bonds (1991 Resolution), Series 1995 C (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of October 17, 1995, the Issuer recognizes that certain facts, estimates and representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer and that the exclusion from gross income for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer hereby covensnts that: Section 1. Description of Pro_iect. The proceeds of the Bonds, including investment income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of public school facilities of the Issuer (the "Project"). Section 2. ~;gvernmental Use of Proceeds. The Issuer covenants the following with respect to the use of proceeds of the Bonds and the facilities financed therewith: (a) In Genera. No more than ten percent (10%) of the proceeds of the Bonds or the Project (based on the greatest of.' 1) the cost allocated on the basis of space occupied, 2) the fair market value, or 3) the actual cost of construction) has been, or, so long as the Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private Use" (as such term is defined below in subsection (d) of this Section 2). No more than ten percent (10%) of the principal of or interest on the Bonds, under the terms thereof 9r any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, (i) secured by (A) any interest in property used or to be used for a Private Use or (B) payments in respect of such property or (ii) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. Co) No Disproportionate or Unrelated Use. With respect to private business use that is either unrelated or disproportionate to governmental usc financed with proceeds of the Bonds (if any), no more than five percent (5%) of the principal of or interest on the Bonds, under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly (i) secured by (A) any interest in property used or to be used for a Private Use or (B) payments in respect of such property or (ii) derived from payments in respect of property used or to be used for a Private Use whether or not such property is part of the Project. (c) No Private Loan Financing. No proceeds of the Bonds will be used to make or finance loans to any person other than to a state or local governmental unit. (d) Definition of Private Use. For purposes of this Certificate, the term "Private Use* means any activity that constitutes a trade or business that is carried on by persons or entities, other than governmental entities. The leasing of property financed with proceeds of the Bonds or the access of a person or entity other than a governmental unit to property or services on a basis other than as a member of the general public shall constitute a Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. (e) Management and Service Contracts. With respect to service or management contracts, the determination of whether a particular use constitutes Private Use under this Certificate shall be determined on the basis of applying Revenue Procedure 93-19, 1993-1 C.B. 526, or, if applicable, Revenue Procedure 82- 14, 1982-1 CB. 459, as modified by Section 1301(e) of the Tax Reform Act of 1986. As of the date hereof, no portion of the proceeds derived from the sale of the Bonds is being used to finance property subject to contracts or other arrangements with persons or entities engaged in trade or business (other than state or local governmental units) that involve the management of property or the provision of services with respect to property financed with proceeds of the Bonds that do not comply with the standards of Revenue Procedure 93-19. Section 3. Time Test and Due Diligence Test. The Issuer has incurred or will incur within 6 months of the date hereof substantial binding obligations, which are not subject to contingencies within the control of the Issuer or a related party, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer will proceed with due diligence to spend all of the proceeds of the Bonds within three years of the date hereof. Section 4. Dispositions and Change in Use. (a) No Sale or Disposition. The Issuer expects to own and operate and does not expect to sell or otherwise dispose of the Project, or any component thereof, prior to the final maturity date of the VPSA's Bonds (August 1, 2015), except such minor parts or portions thereof as may be disposed of due to normal wear, obsolescence or depreciation in the ordinary course of business. F:\SHAR.E~\DEB~\ISSUL~95C\APNX95C. BSA September 15, 1995 C-2 (b) ~. The Issuer represents, warrants and covenants that the facilities financed or refinanced with proceeds of the Bonds will be used for the governmental purpose of the Issuer during the period of time the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any proposed change in use of the Project. (c) ~ The Issuer represents, warrants and covenants that it will take no action that would cause either the Bonds or the VPSA's Bonds to be private activity bonds within the meaning of Section 141(a) of the Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds fi.om being private activity bonds, within the meaning of Section 141(a) of the Code. Furthermore, the Issuer has established reasonable procedures to ensure compliance with this covenant. Section 5. lq0 Sinking or Pledge Funds. The Issuer has not established and will not establish any funds or accounts that are reasonably expected to be used to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which there is a reasonable assurance that amounts on deposit therein will be available to pay debt service on the BOnds if the Issuer encounters financial difficulty. Section 6. No Replacement Proceeds. (a) In General. No portion of the proceeds of the BOnds will be used as a substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of the Bonds were used or are to be used to pay any cost of the Project. (b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury Regulations regarding the safe harbor against the creation of "replacement proceeds#, as of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic life of the Project financed thereby. Section 7. ~_Q_R_g[glld~. The proceeds of the Bonds will not be used to provide for the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds, inCUrred in the exercise of its borrowing power. Section 8. Composite Issue. There are no other obligations of the Issuer that have been, or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of financing together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds. Section 9. No Federal Guarantee. The Issuer shall not take or permit any action that would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly or indirectly, in whole or in part by the United States or any agency or instrumentality thereof or Co) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment of principal or interest on which are guaranteed in whole or in part by the United States or any agency or insm~mentality thereof or (ii) invested directly or indirectly in federally insured deposits or accounts (except as permitted under Section 149Co) of the Internal Revenue Code of 1986, as amended (the 'CodeH), or the regulations promulgated thereunder). The Issuer has not, and will not enter into, any (i) long-term service contract with any federal governmental agency, (ii) service contract with any federal governmental agency under terms that are materially different from the terms of any contracts with any persons other than federal government agencies, and (iii) lease of property to any federal government agency, that would cause the Bonds to be considered "federally guaranteed~ within the meaning of Section 149Co) of the Code. Section 10. ,~l~:~ig~.l~[l. The Issuer reasonably expects that all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more. Section 11. ~. The total proceeds derived by the Issuer from the sale of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts necessary for the Project. Section 12. R~imbursable Expenses. A portion of the proceeds of the Bonds to be applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer represents the following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds. (a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with respect to the Project is not expected to exceed . Such expenditures were paid prior to the date hereof but no earlier than sixty (60) days prior to __, 199_, which is the date the Issuer adopted its ~official intent" declaration (the "Official Intent Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official Intent Declaration: (i) was, on the date of its adoption, intended to constitute a written documentation on behalf of the Issuer that states that the Issuer reasonably expected to reimburse itseff for such expenditures with the proceeds of a taxable or tax-exempt borrowing, (ii) set forth a general description of the Project, and (iii) stated the maximum principal amount of debt expected to be issued for the Project. The Issuer has taken no action subsequent to the expression of such intent that would contradict or otherwise be inconsistent with such intent. CO) Reasonable Official Intent. As of the date of the Official Intent Declaration, the Issuer reasonably expected to reimburse such expenditures with the proceeds of a borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for which an intention to reimburse such expenditures was declared and which were actually paid by the Issuer other than in circumstances that were unexpected and beyond the control of the Issuer. (c) Reimbursement Period Requiremcnl[, The proceeds derived from the sale of the Bonds to be applied to reimburse the above-described expenditures will be so applied no later than the later of the date that is (i) eighteen (18) months after the date on which the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on which the portion of the Project to which such expenditure relates was placed in service within the meaning of Section 1.150-2 of the Treasury Regulations or abandoned. The Issuer shall not, however, use Bond proceeds to reimburse the above-described expenditures later than three (3) years after the date the original expenditure was paid. (d) Reimbursable Exp_endimr¢~, The expenditures to be reimbursed are either (i) capital expenditures (within the meaning of Section 1.150-1 Co) of the Treasury Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for extraordinary, nonrecurring items that are not customarily payable from current revenues (within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulatiom), (iv) grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the expenditures to be reimbursed were incurred for day-to-day operating costs or similar working capital items. None of the proceeds of the Bonds being used to reimburse the Issuer for prior expenditures will be used, directly or indirectly, within one year of the date of a reimbursement allocation, in a manner that results in the creation of replacement proceeds (within the meaning of Section 1.148-1 of the Treasury Regulations), other than amounts deposited in a bona fide debt service fund. (e) ~ None of the proceeds of the Bonds are being used in a manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147 of the Code. F:\SHARHD\DF~T~VPSA\ISSU~95C~PNX95C. BSA September 15, 199~ C-5 Section 13. Covenant as to Arbitrage. The Issuer hereby covenants that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or account maintained in connection with the Bonds, whether or not such money was derived from the proceeds of the sale of the Bonds or fxom any other sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and the applicable regulations thereunder. Date: ,1995 [Name of Local Issuer] By:. Name:' Title: F:\SHARED\DEWI~VPSA\ISSUL~95C~PNX95C. BSA September 15, 1995 C-6 APPENDIX D to the Bond Sale Agreement CONSTRUCTION EXCEPTION AND EIGHTEEN MONTH EXCEPTION TO THE REBATE REQUIREMENT QUESTIONNAIRE The purpose of this questionnaire is to elicit facts concerning the expenditure of the proceeds of the City/County of (the "Issuer") general obligation school bonds (the "Bonds") in order to make an initial determination that the construction exception from the rebate requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended, or the eighteen month exception from the rebate requirement provided by Section 1.148-7(d) of the Treasury Regulations is available. Please supply the information requested below and send this questionnaire to Gary Ometer, Debt Manager, Vir~nia Public School Authority, P. O. Box 1879, Richmond, Virginia 23215-1879, for receipt no later than October 17, 1995, with a copy to your bond conn.qel. Briefly describe the project (the ~Project") to be financed with the proceeds of the Bonds. 2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds. Co) Indicate the amount that you reasonably expect to receive from the investment of the Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2 (a). (c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect to use to finance the issuance costs of the Bonds. (e.g. your legal fees) (d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b) reduced by the amount set forth in Question 2(c) equals $ This amount is hereinafter referred to as "Available Construction Proceeds". Indicate the amount of money, other than the Available Construction Proceeds of the Bonds, that will be applied toward the cost of the Project and the expected source of such money. Indicate what such money will be used for. Indicate, by principal components, your current estimates of the cost for the acquisition and construction of the Project that will be financed with the Available Construction Proceeds of the Bonds, including: (a) Acquisition of Interest in Land (b) Acquisition of Interest in Real Property~ (c) Acquisition and/or Installation of Tangible Personal Property2 (d) Site Preparation (e) Construction of Real Propertya (f) Recoustmction of Real Property4 (g) Rehabilitation of Real Propergrs (h) Construction of Tangl~ole Personal Property~ (i) Specially developed computer software? (j) Interest on the Bonds during Construction (k) Other (please specify) (I) Total $ (Note: The sum of the amounts described in (a) through (k) must equal the amount of Available Construction Proceeds of the Bonds set forth in Question 2(d).) 1-7 See the F~dno~ on pagn~ D-7 and D-8. F: \SHARED~DEBT\VPSA\ I SSUE\9~C¥~P#XDg~C. BSA September 15, 199~ (a) Have you borrowed, directly or indirectly, (such as through an industrial development authority) any money, either through a tax-exempt bank loan, a bond anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to pay for the Project costs? Yes No (b) Do you intend to use the proceeds of the Bonds to refinance or repay any loan used to finance the Project costs? Yes No (c) If the answer to Question 5(b) is ~Yes', please indicate the following: (i) Amount of loan: (ii) Date of loan: (iii) Maturity date of loan: (iv) Interest rate of loan: (v) Name of lender:, (d) If the answer to question 5(a) or (b) is ~fes~, did you use the proceeds of the loan to reimburse yourself for expenses paid with respect to the Project before the loan was obtained? Yes No (a) Do you intend to reimburse yourself from the proceeds of the Bonds for Project costs advanced from your General Fund or other available sources? Yes No F: \SHAREDU)EBT\VPSA\ 1S~,JE\9~C~AP#~D9~C. BSA September 15, 1995 o (b) If the answer to Question 5(d) or Question 6 (a) is "Yes', with respect to all such expenditures, please indicate the amount of such expenditure, when such expenditure was paid and the purpose of the expenditure (i.e., architectural fees, engineering fees, other construction costs): (1) Amount expended $ (ii) Date of expenditure: (iii) Purpose of expenditure: (Note: if you intend to reimburse yourself for more than one expenditure, please attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii) purpose of expenditure) If the an~/er to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence of your intention to reimburse yourself with the proceeds of a borrowing such as the earliest possible resolution, declaration or minutes of a meeting. Include the date such resolution was adopted, meeting was held or declaration made. Indicate whether the total of the amounts shown in 4(d) through (1) on page D-2 is at least 75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(1). Yes No If the answer to Question 8 is 'Yes", answer Question 9 and skip Question I0. If the a~qwer to Question 8 is ~No', skip Question 9 and answer Question 10. (a) Assuming the Bonds are delivered on December 21, 1995 and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From December 21, 1995 to June 21, 1996 From June 22, 1996 to December 21, 1996 From December 22, 1996 to June 21, 1997 From June 22, 1997 to December 21, 1997 $ 8 Total9 $ 8 and 9 Sec thc Eml~otea ma page D-8. 10. (b) If you do not expect to spend 100% of Available Construction Proceeds by December 21, 1997, do you expect to spend 100% of Available Construction Proceeds by December 21, 19987 Yes No For purposes of this Question 10, assume that the Bonds are delivered on December __, 1995 and funds are made available to you on that date. (a) Does the City/County expect to expend and disburse the amount shown in Question 4(a) for the acquisition of land by June 21, 1996.7 Yes No Co) Does the City/County expect to expend and disburse the amount shown in Question 4Co) for the acquisition of interests in real property by June 21, 19967 Yes No (c) Does the City/County expect to expend and disburse the amount shown in Question 4(c) for the acquisition and/or installation of tangible personal Property by June 21, 19967 Yes No (d) (i) Docs the City/County expect to expend and disburse the amount shown in question 4(1) by December 21, 19977 Yes No (ii) Assuming that the Bonds are delivered on December 21, 1995, and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/county expects to expend and disburse during the following time periods: From December 21, 1995 to June 21, 1996 $ From June 22, 1996 to December 21, 1996 $ From December 22, 1996 to June 21, 1997 ' $ From June 22, 1997 to December 21, 1997 $ 10 Total $ 10 See the Endnotca on pag~ D-8. F: \SHARED~DEBT\VPSA\ 1 $SUE\9~C~,APNXD95C. BSA Sept~r 15, 1~ D-5 11. The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross proceeds"). Assuming that the Bonds are delivered on December 21, 1995 and funds are made available to you on that date, please complete the following schedule indicating the amount of gross proceeds that the City/County expects to expend and disburse during the following time periods: From December 21, 1995 to June 21, 1996 From June 22, 1996 to December 21, 1996 From December 22, 1996 to June 21, 1997 Total $ I understand that the foregoing information win be relied upon by the Virginia Public School Authority (the NAuthority~) in determining the applicability of the construction exception to the Authority's School Financing Bonds (1991 Resolution), Series 1995 C. I hereby certify that I am familiar with the Project and am authorized by the City/County to provide the foregoing information with respect to it, which information is true, correct, and complete, to the best of my knowledge. Name of Person Completing Questionnaire Title Signature Date a Include amounts expended prior to December 21, 1995 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to ref'mance or repay any loan. F: \SHARED~DEBT\VPSA\ I SSUE\95C~P#XD95C. BSA $~te~ber 15, 1995 D-6 ENDNOTES For purposes of this questionnaire, "real propert~ means improvements to land, such as buildings or other inherently permanent structures, including items that are structural components of such buildings or structures. For example, real property includes wiring in a building, plumbing systems, central heating or central air conditioning systems, pipes or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves and docks, bridges and sewage lines. For purposes of this questionnaire, tangible personal property means any tangible property except real property. For example, tangible personal property includes machinery that is not a structural component of a building, fire trucks, automobiles, office equipment, testing equipment and furnishings. See description of real property in endnote 1. This includes all capital expenditures that are properly chargeable to or may be capitalized as part of the basis of the real property prior to the date the property is placed in service. For purposes of this questionnaire, expenditures are considered paid in connection with the construction, reconstruction or rehabilitation of real property if the contract between the Issuer and the seller requires the seller to build or install the property (such as under a "turnkey contract") but only to the extent the property has not been built or installed at the time the parties enter into the contract. If the property has been partially built or installed at the time the parties enter into the contract, the expenditures that are allocable to the portion of the property built or installed before that time are expenditures for the acquisition of real property. See endnote 3. See endnote 3. For purposes of this questionnaire, expenditures are in connection with the construction of tangible personal property, as defined in endnote 2, if: (a) A substantial portion of the property or properties is completed more than 6 months after the earlier of the date construction or rehabilitation commenced and the date the Issuer entered into an acquisition contract; (b) Based on the reasonable expectations of the Issuer, if any, or representations of the person constructing the property, with the exercise of due diligence, completion of construction or rehabilitation (and delivery to the Issuer) could not have occurred within that 6-month period; and (c) If the Issuer itself builds or rehabilitates the property, not more than 75% F: \$HARED~DEBT\VPSA\ I SSUE\95C~APNXD95C. gSA sept~r 15. 1~ of the capitali~able cost is attributable to property acquired by the Issuer (e.g., components, raw materials and other supplies). Specially developed computer software means any programs or routines used to cause a computer to perform a desired task or set of tasks, and the documentation required to describe and maintain those programs, provided that the software is specially developed and is functionally related and subordinate to real property or other constructed personal property. Include mounts expended prior to December 21, 1995 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. Total should equal the amount in 4(1). Include amounts expended prior to December 21, 1995 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. F: \SHARED~DEBT\VPSA\I SSUE\9~C~P#XD9~C. BSA Se~te~er 15, 1~ D-$ APPENDIX E to the Bond Sale Agreement RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of hereby (i) ~equests, pursuant to Section 15.1-227.41 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of issue its general obligation school bonds in an aggregate principal amount not to exceed $ (the "Bonds") for the purpose of financing certain capital pl-ojeots for school purposes and (fi) consents, pursuant to Section 15.1-227.39.B of the Code and A~,ticle VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. This resolution shall take effect immediately. F: \SHARED\DEBT\V~SA\ I S SUE \ g 5 C \~N~E 95 C . B SA September 19 . 1995 APPENDIX F to the Bond Sale Agreement CONTINUING DISCLOSURE AGREEMENT [This Continuing Disclosure Agreement will impose obligations on the Local Issuer if and only if the Local Issuer is or has become and remains a "Material Obligated Person"~ as defined below] This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the Virginia Public School Authority (the "Authority") of $ aggregate principal amount of its School Financing Bonds (1991 Resolution), Series 1995 C (the "1995 C Bonds") pursuant to the provisions of a bond resolution (the "1991 Resolution") adopted on June 26, 1991, as ratified, supplemented, amended and restated by the Board of Commissioners of the Authority. The Series 1995 C Bonds and all other parity bonds heretofore and hereafter issued under the 1991 Resolution are collectively called the "Bonds". The proceeds of the 1995 C Bonds are being used by the Authority to purchase certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Local Issuer for the benefit of the holders of the 1995 C Bonds and in order to assist the Participating Underwritera (defined below) in complying with the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for any reports, notices or disclosures that may be required under this Agreement. SECTION 2. Definitions. In addition to the definitions set forth in the 1991 Resolution, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "bond sale agreement" shall mean the Bond Sale Agreement and any other comparable written commitment of the Local Issuer to sell local school bonds to the Authority. "Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer and which has filed with such Local Issuer a written acceptance of such designation. "Filing Date" shall have the meaning given to such term in Section 3(a) hereof. 229750.3 "Fiscal Year" shall mean the twelve-month period at the end of which financial position and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 and continues through June 30 of the next calendar year. "holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record owner or beneficial owner of a 1995 C Bond. "Listed Events" shall mean any of the events listed in subsection 5 (b) (5) (i) (C) of the Rule. "local school bonds" shall mean any of the Local School Bonds and any other bonds of the Local Issuer held to the credit of the 1991 Purchase Fund under the Authority's 1991 Resolution. "Material Obligated Person" (or "MOP") shall mcan the Local Issuer ff it has local school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal amount of all outstanding Bonds of the Authority. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "Participating Underwriter" shall mean any of the original underwriters of the Authority's 1995 C Bonds required to comply with the Rule in connection with the offering of such Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private depository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. 229750.3 2 SECTION 3. Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ending June 30, 1996) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.~ Not later than ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each ease, the Annual Report (i) may be submitted as a single document or as separate documents comprising a package, (ii) may cress-reference other information as provided in Section 4 of this Disclosure Agreement and (iii) shall include the Local Issuer's audited financial statements or, if audited financial statements are not available, such unaudited financial statements as may be required by the Rule. In any event, audited financial statements of such Local Issuer must be submitted, if and when available, together with or separately from the Annual Report. (b) If the Local Issuer is unable to provide an Annual Report to the Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal Securities Rulemaking Board in substantially the form attached hereto as Exhibit A. SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual Report required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual financial information relating to the Local Issuer, including operating data, (i) updating such information relating to the Local Issuer as shall have been included or cross-referenced in the final Official Statement of the Authority describing the Authority's 1995 C Bonds or (il) if there is no such information described in clause (i), updating such information relating to the Local Issuer as shall have been included or cross- referenced in any cemparable disciosure document of the Local Issuer relating to its tax-supported obligations or (m) if there is no such information described in clause (i) or (ii) above, initially setting forth and then updating the information referred to in Exhibit B as it relates to the Local Issuer, all with a view toward assisting Participating Underwriters in complying with the Rule. Any or all of such information may be incorporated by reference from other documents, including official statements of securities issues with respect to which the Local Issuer is an "obligated person" (within the meaning of the Rule), which The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a MOP as of any other date. 229750.3 3 have been filed with each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Local Issuer shall clearly identify each such other document so incorporated by reference. SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that knowledge of the occurrence of a Listed Event with respect to its local school bonds would be material, such Local Issuer shall promptly file a notice of such occurrence with each National Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with a eopy to the Authority. SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final retirement of all the Local School Bonds. SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer shall be the Dissemination Agent. [The initial Dissemination Agent shall be . ] SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been approved in writing by the Authority and is supported by an opinion of independent counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that such amendment is permitted or required by the Rule. SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Local Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. Any person referred to in Section 11 (other than the Local Issuer) may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary and appropriate, including 229750.3 4 seeking mandate or specific performance by court order, to challenge the adequacy of an information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under this Disciosu~e Agreement shail not be deemed an event of default under the applicable resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith shall he an action to compel performance. Nothing in this provision shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable laws. SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time of the Authority's Bonds, and shall create no rights in any other person or entity. SECTION 12. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shail be an original and all of which shall constitute but one and the same instrument. Date: [LOCAL ISSUER] By. 229750.3 5 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT [AUDITED FINANCIAL STATEMENTS] Re: VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1991 RESOLUTION) SERIES 1995 C CUSIP NO. Dated: September 1, 1995 Name of Local Issuer NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection with the above-named bonds issued pursuant to that certain Series Resolution adopted on June 26, 1995, by the Board of Commisalone~s of the Virginia Public School Authority, the proceeds of wkieh were used to purchase $ [School Bonds] of the [Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by . ] The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above-named bonds of the Authority. Dated: [LOCAL ISSUER] By. 229750.3 EXHIBIT B CONTENT OF ANNUAL REPORT Description of the Local Issuer. A description of the Local Issuer including a summary of its form of government, budgetary processes and its management and officers. Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt including a historical summary of outstanding tax-supported debt; a summary of authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding fiscal year. The Annual Report should also include (to the extent not shown in the latest audited financial statements) a description of contingent obligations as well as pension plans administered by the Local Issuer and any unfunded pension liabilities. FinRnoi,*! Data. Financial information respecting the Local Issuer including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. Capital Improvement p1R.. A summary of the Local Issuer's capital improvement plan. Demographic, Economic and Supplemental Information, A summary of the Local Issuer's demographic and economic characteristics such as population, income, employment, and public school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual Report should also include a description of material litigation pending against the Local Issuer. 229750.3 B&W Draft 09/26/95 PROCEEDS AGREE. MENT Respecting the Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $ School Financing Bonds (1991 Resolution) Series 1995 C Dated December __, 1995 Among Virginia Public School Authority Central Fidelity National Bank Commonwealth Investment Counsel, Inc. and Albemarle County Augusta County Bedford County Botetourt County Chesterfield County Clarke County Cumberland County Floyd County Fluvanna County Frauklln, City of Frederick County Giles County Goochland County Greene County Hanover County Henry County Kin~_ George County Newport News, City of Norton, City of Roanoke, City of Russell County Smyth County Spotsyivania County Stafford County VLrginia Beach, City of Washington County TABLE OF CONTENTS Section 1. Recitals ......................................... Section 2. Definitions ....................................... Section 3. Disposition of VPSA Bond Proceeds ....................... Section 4. Establishment of Accounts ............................. Section 5. Disposition of Local School Bond Proceeds ................... Section 6. Investment of Principal Subaccount ........................ Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Disposition of Excess Proceeds ............... Section 14. Rebate Payments and Penalty Payments ........... Section 15. Duties of VPSA ......................... Section 16. Duties of CFNB ......................... Section 17. Duties of Local Units ...................... 1 3 9 9 11 11 Disbursements from Principal Subaccount ...................... 11 Investment of Income Subaccount. Income Subaccount .......... Investment Losses .......... Rebate Computations ........ Transfers to Income Subaccount. 12 12 14 ........... 15 ........... 16 ........... 17 ........... 18 ........... 19 ........... 20 ........... 20 Section 18. Responsibilities of the Investment Manager .................... 21 Section 19. Costs ........................................... 21 BWNy2/254305.3/Ig580100006/1890 Sept*tuber 26, 1995 i Section 20. Opinions of Counsel. Section 21. Amendment .............................. Section 22. Notices ............................ Section 23. No Third Party Beneficiaries ............... Section 24. Scverability ....................... Section 25. No Personal Liability .... Section 26. Applicable Law ....... Section 27. Counterparts ......... Section 28. Effective Date; Term .... Exhibit A .................. Exhibit B .................. Exhibit C .................. Exhibit D .................. 22 22 23 24 25 25 25 26 26 A-1 B-1 C-I D-1 BWNY2r~4305.311858010000611890 September 26, 1995 ii PROCEEDS AGREEMENT Respecting the Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $ School Financing Bonds (1991 Resolution) Series 1995 C This PROCEEDS AGREEMENT, dated December __, 1995 (this 'Agreement'), is among the Virginia Public School Authority, a public body corporate and a political subdivision and instrumentality of the Commonwealth of Virginia ("VPSA'), the 21 counties and 5 cities that are signatories to this Agreement (collectively, the "Local Units", and each a "Local Unit"), Central Fidelity National Bank, a banking institution organized under the laws of the United States of America and having its. principal office in Richmond, Virginia, and Commonwealth Inveshnent Counsel, Inc., a corporation organized under the laws of Virginia and having an office in Richmond, Virginia. All capilaliTed terms used herein shall have the meaning given to them in Section 2 hereof. The parties hereto agree and covenant as follows: Section 1. Recitals. A. On or before October 17, 1995, VPSA and each of the Local Units entered into a Bond Sale Agreement, pursuant to which VPSA agreed to purchase, and the Local Unit agreed to sell its Local School Bonds. B. On November 28, 1995, VPSA's Bonds were awarded at competitive bidding to the Purchaser. The Purchaser is obligated by the terms of its bid to pay the purchase price for VPSA's Bonds on the Closing Date. VPSA will apply the proceeds of the sale of VPSA's BWNY'2/254305.3118580100~06/I890 September 26, 1995 Bonds, together with other available money, to the purchase of the Local School Bonds on December __, 1995, the Local School Bonds Closing Date. VPSA will apply the balance of the proceeds of the sale of VPSA's Bonds to fund the 1991 Debt Service Reserve Account, to pay a portion of interest on the VPSA's Bonds between the July 15, 1996 interest payment date on the 1995 C Local School Bonds and the August 1, 1996 interest payment date on the VPSA's Bonds and to pay costs of issuance of the VPSA Bonds. C. The Code imposes requirements on VPSA and the Local Units selling their Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the Local School Bonds axe to be excludable from gross income for federal income tax purposes, including a requirement that in certain circumstances, omain investment income with respect to the Local School Bonds, which income is deemed for federal income tax proposes to be investment income of VPSA's Bonds, be subject to payment, or in lieu thereof certain payments be made, to the United States Treasury. D. VPSA has determined that in order to fulfill its representations respecting the maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal income tax purposes, VPSA must establish a mechanism to provide accountability for the custody, investment and disbursement of the proceeds of VPSA's Bonds and the proceeds of the I_xx:al School Bonds. E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum, prac- ticable income by the professional management of the investment and reinvestment of the pro- BWNY2t254305.3/I$550/O0006/l$90 September 26, 1995 2 ceeds of the Local School Bonds; (iii) to provide for the custody, investment and disbursement of the proceeds of the Local School Bonds, and for the maintenance of appropriate records thereof; (iv) to meet the rebate requirement imposed by Section 148(0 of the Code, in part through the payment of either the Local Unit Rebate Requirement by each of the Local Units or the Penalty if the Penalty Election has been made on behalf of a Local Unit; and (v) to provide for the allocation and payment of the costs associated with the establishment and maintenance of this Agreement. F. The purpose set forth in the preceding subsection E shall be accomplished through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with the Information Statement. Section 2. Det'mitiom. In addition to the words and terms elsewhere defined in this Proceeds Agreement including the Exhibits attached hereto, the following words and terms shall have the following mc~/ngs: 'Aggregate Local Units' Rebate Requirement' shall be the amount calculated pursuant to the Letter Agreement. 'Agreement' or 'Proceeds Agreemenff shall mean the Proceeds Agreement, dated December __, 1995, among the Authority, the Local Units, CFNB and the Investment Manager. "Authorized Representative" shall mean, as applied to VPSA, CFNB, the Investment Manager and the Local Units, the person or each of the persons thereby designated, from time to time, in accordance with and as listed on the page of this Agreement executed by such party. BWNY2/254305.3118580/00006/1890 September 26, 1995 3 "Available Construction Proceeds" shall mean, as applied to each Local Unit, the sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant to Section 5 hereof, and (ii) the investment earnings thereon, reduced by the amount of issuance costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has made the Bifurcation Election on its signature page, "Available Construction Proceeds ' shall mean the sum of the amount set forth on the signature page as the portion of the issue used for construction and the investment earnings thereon, reduced by the amount set forth on the signature page as allocable to issuance expenses. 'Bifurcation Election', with respect to each issue of Local School Bonds, shall mean the election made by the Local Unit to treat a portion of its Local School Bonds used for construction as a separate issue pursuant to Section 148(0(4)(C)(v) of the Code. 'Bond Sale Agreement' shall mean the Bond Sale Agreements, dated as of October 17, 1995, between VPSA and each Local Issuer. 'Capital Expenditure' shall mean any cost of a type that is properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles as determined at the time the expenditure is paid with respect to the property. 'Capital Project' shall mean all Capital Expenditures, plus related working capital expenditures to which the de minimis exception provided by Section 1.148-6(d)O)(ii)(A) of the Treasury Regulations to the proceeds-spent-last rule applies, that carry out the governmental purpose of the Local School Bond issue. B'~'qY2t254305.3/l$SgO/O0006/1890 September 26, 1995 4 "CFNB" shall mean Central Fidelity National Bank, a banking institution organized under the laws of the United States of America and having its principal office in Richmond, Virginia. CFNB is the Depository for Individual Portfolios and custodian of the assets of the SNAP fund. 'Closing Date" shall mean December __, 1995. "Code' shall mean the Internal Revenue Code of 1986, as amended. 'Computalion Date" shall mean each of the Installment Computation Dates and the Final Computation Date. "Contract' shall mean the Contract respecting the Virginia State Non-Arbitrage Program, between the Treasury Board of the Commonwealth of Virginia and the Investment Manager, including the Depository Agreement appearing as Appendix A thereto. 'Eighteen-Month Exception' shall mean the exception to the Reb. ate Requirement provided by Treasury Regulation Section 1.148-7(d). #Final Computation Date' shall mean the date the last bond that is part of the issue of VPSA's Bonds is discharged. 'Gross Proceeds' shall have the meaning given to such term in the Letter Agreement. 'Income Subaccount* shall mean (i) the Income Subaccount established pursuant to Section 4(A) of this Proceeds Agreement for each Local Unit and (ii) both Income Subaccounts established pursuant to Section 4(B) of this Proceeds Agreement for the 3 Local Units described therein. B WNY2/254305.3/lg580/0000611890Sepmmber 26, 1995 "Income Subaccount Set Aside" shall have the meaning given to such term by Section 9(b) of this Agreement. "Individual Portfolio" shall have the meaning given to such term in the Information Statement. ~Information Statement' shall mean the current Information Statement describing SNAP, as the same may be supplemented and amended. 'Installment Computation Dates' shall mean December __, 2000, and each fifth (5th) anniversary date thereafter. ~Investment Manager' shall mean Commonwealth Investment Counsel, Inc., a corporation organized under the laws of Virginia and having an office in Richmond, Virginia, in its capacity as the investment manager of SNAP. 'Investment Report' shall have the meaning given to such term in Part A of the Letter Agreement. *Letter Agreement' shall mean the Letter Agreement, dated the date hereof, attached to this Agreement as Exhibit C. 'Local School Bonds* shall mean general obligation school bonds of a Local Unit having the terms and provisions required by the Bond Sale Agreement. *Local School Bonds Closing Date* shall mean the Closing Date, except as otherwise provided on the page of this Agreement executed by a Local Unit. WLocal Unit' or *Local Units' shall have the meaning accorded to such term by the first paragraph of this Agreement. BWNY21254305.3118580/O000611890 Seplembcr 26, 1995 6 "Local Unit Rebate Computation', with respect to each issue of Local School Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date pursuant to Section 11 of this Proceeds Agreement. *Local Unit's Rebate Requirement', with respect to each issue of Local School Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the Letter Agreement. *Penalty' shall mean the amount that must be paid to the United States Treasury pursuant to the Penalty Election. 'Penalty Election*, with respect to each issue of Local School Bonds, shall mean the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section 148(f)(4)(C)(vii) of the Code. 'Principal Subaccount' shall mean (i) the Principal Subaccount established pursuant to Section 4(A) of this Proceeds Agreement for each Local Unit and (ii) both Principal Subaccounts established pursuant to Section 4CB) of this Proceeds Agreement for the 3 Local Units described there'm. 'Purchaser' shall mean the bidder offering to pay the lowest true interest cost of VPSA's Bonds to which VPSA awarded VPSA's Bonds at a competitive sale. *Rebate Calculation Agent' shall have the meaning given to such term in the Letter Agreement. *Rebate Computation* shall mean the computation, as of a Computation Date, of the Local Unit Rebate Requirement to such Computation Date. The amount so computed may be a positive or a negative number. BWNY2Y254305.3/l$S80/00006/I890 September 26, 1995 '7 "Rebate Exceptions" shah mean the Spending Exceptions and the Small-Issuer Exception, collectively. "Rebate Report" shall mean the Local Unit Rebate Computations. *Rebate Requirement' shall mean the rebate requirement imposed by Sections 148(0(2) and (3) of the Code. 'Six-Month Exception' shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(B) of the Code. 'Spending Exceptions' shall mean the Six-Month Exception, the Eighteen-Month Exception and the Two-Year Exception, collectively. 'Small-Issuer Exception' shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(D) of the Code. 'SNAP' shall mean the State Non-Arbitrage Program established pursuant to Article 7.1, Chapter 14, Title 2.1, Code of Virginia, as amended. 'SNAP Documents' shall mean the Information Statement and the ConWact. 'Two-Year Exception' shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(C) of the Code. 'VPSA' shall mean the V'u-ginia Public School Authority, a public body corporate and a political subdivision and instrumentality of the Commonwealth of Virginia. WPSA's Bond Yield~ shall mean the Yield on VPSA's Bonds as set forth in the Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each issue of Local School Bonds of a Local Unit the interest on which is excluded from gross income shall equal the VPSA's Bond Yield. BWNY2/234305.3115550/00006/1890 September 26, 1995 #VPSA's Bonds' shall mean the $ aggregate principal amount of VPSA's School Financing Bonds (1991 Resolution) Series 1995 C. 'Withdrawal Date" shall mean the date as of which an interim Rebate Calculation is made pursuant to Section 9 of this Proceeds Agreement. 'Yield* shall have the meaning accorded to such term by the Letter Agreement. Section 3. Dispositlon of VPSA Bund Proceeds. A. Prior to the Closing Date, each Local Unit will complete and submit, to the Investment Manager, the program registration form and the SNAP account registration form annexed to the Information Statement. B. On the Closing Date, VPSA will transfer to CFNB for deposit in SNAP, in immediately available funds, an amount equal to the aggregate purchase price of all of the Local School Bonds ($ ). C. Each Local Unit hereby agrees to adhere strictly to the prescribed and recommended procedures described in the Information Statement. Each Local Unit hereby further agrees that it will not deviate from or request an exception to such procedures without first obtaining the prior written approval of VPSA. In the event of a conflict between the provisions of this Agreement and the Information Statement, the provisions of this Agreement shall control. Section 4. F.~tabli~hment of Accounts. A. Except as provided in Section 4(B) below, the Investment Manager will establish on its books for each Local Unit one (1) account and two (2) subaccounts therein as follows: BWNY2D.54305.3/I8580/00006/1890 September 26. t995 9 VPSA-(Name of Local Unit) Proceeds Account - Series 1995 C Issue Principal Subaccount Income Subaceount B. The Investment Manager shall establish on its books for Augusta County, Spotsylvania County and Stafford County, within the one (1) Proceeds Account for each such County, two (2) subaccounts therein, and two subaccounts within each such subaceount, as follows: VPSA-(Name of Local Uni0 Proceeds Account - Series 1995 C Issue Non Subsidy Subaccount Principal Subaccount Income subaCC°unt Subsidy Subaccount Principal Subaccount Income Subaccount The amounts in the Principal Subaccounts and Income Subaccounts of each of these Local Units shall be combined for purposes of this Agreement. Requisitions from Augusta County, Spotsylvania County and Stafford County shall specify the Subaccount from which moneys are being requisitioned. If a Local Unit has elected to treat a portion of its Local School Bonds issue used for construction as a separate issue as set forth on its signature page, the Investment Manager shall maintain such records as necessary to determine the portion of the Principal Subaccount and Income Subaccount of such Local Unit allocable to the construction issue and the non- construction issue. BWNY2/254305.3/18580/0000611890 September 26, 1995 10 Section 5. Disposition of Local School Bond Proceeds. The Investment Manager shall, immediately upon the receipt of the aggregate proceeds of the Local School Bonds, allocate such proceeds on the Closing Date to the Local Units, dollar for dollar, in accordance with the respective principal amounts of their Local School Bonds set forth in Exhibit A to this Agreement. There is no accrued interest on the Local School Bonds. The proceeds of VPSA's Bonds allocated to each Local Unit shall be credited to the Principal Subaecount of the Local Unit in the amounts set forth in Exhibit A with respect to the Subsidy Local School Bonds and/or the Non-Subsidy Local School Bonds, as the case may be. Section 6. Invealment of Principal Subaecount. The Investment Manager shall invest and reinvest moneys to the credit of the Principal Subaccount of each Local unit for the benefit of such Local Unit in accordance with the provisions of the Information Statement and Seclion 18 of this Agreement. The Investment Manager shall credit to the Local Unit's Income Subaccount all income and profits from the investment and reinvestment of moneys to the credit of its respective Principal Subaccount. Section 7. Disbursements from Principal Subaecount. Beginning on the Closing Date, each Local Unit may at any lime withdraw all or any portion of the proceeds of its Local School Bonds credited to its Principal Subaccount (including amounts transferred to the credit of the Principal Subaccount from the Income Subaccount pursuant to Section 9), in accordance with the Information Statement and, in the case of a reimbursement to thc Local Unit, by filing with the Investment Manager a requisition or requisitions therefor in the form of Exhibit B to this Agreement signed by an Authorized BWNY2/254305.3/18580/00006/1890 September 26, 1995 l 1 Representative of the Local Unit. Notwithstanding anything to the contrary in thc Information Statement, the Investment Manager agrees that, in the case of a reimbursement to the Local Unit, it shall not disburse any money from the Principal Suhaccount unless and until it has received such requisition from the Local Unit. Section 8. Investment of Income Subaccount. The Investment Manager shall invest and reinvest moneys to the credit of the Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the provisions of the Information Statement and Section 18 of this Agreement. The Investment Manager shall credit to the Local Unit's Income Subaccount all income and profits from the investment and reinvestment of moneys to the credit thereof. Section 9. Income Subaecount. A. The Investment Manager will notify a Local Unit and VPSA when the balance to the credit of the Principal Subaccount of such Local Unit shall have been reduced to zero ($0). Such Local Unit may then withdraw from its Income Subaccount an amount not in excess of the amount then to the credit of its Income Subaccount if the Local Unit qualifies for any one of the Rebate Exceptions or if such withdrawal is necessary to qualify for one of the Spending Exceptions. 1. In order to qualify for the Small-Issuer Exception, the Local Unit must deliver to VPSA and the Investment Manager no later than the end of calendar year 1995 (a) a letter from, or opinion of, nationally recognized bend counsel that the Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds will be treated as meeting the requirements of Code Sections 148(0(2) and (3), pursuant BWIqY2/254305.3/18580/00006/1890 September 26, 1995 12 to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to meet all of the requirements of the Small Issuer Exception. 2. In order to determine if a Local Unit qualifies for either the Six-Month Exception or the Eighteen-Month Exception, the Investment Manager shall advise each Local Unit and VPSA of the amount that has been disbursed from the Principal Subaccount and the Income Subaceount of such Local Unit (a) six (6) months from the Closing Date, (b) twelve (12) months from the Closing Date, and (e) eighteen (18) months from the Closing Date. To facilitate such determination, each Local Unit shall set forth on the signature page for sueb I:xxgal Unit the amount of investment proceeds that such Local Unit reasonably expects as of the Closing Date to earn. 3. In order to determine if a Lecal Unit qualifies for the Two-Year Exception, the Investment Manager shall advise each Local Unit and VI>SA, of the amount of Available Construction Proceeds that has been disbursed from the Principal Subaccount and the Income Subaceount of such Local Unit (a) six (6) months from the Closing Date, (b) twelve (12) months from the Closing Date, (c) eighteen (18) months from the Closing Date, and (d) twenty-four (24) months from the Closing Date. To facilitate such determination, each Local Unit shall set forth on the signature page for such Local Unit the amount of investment proceeds that such Local Unit reasonably expects as of the Closing Date to earn and the elections that it requests VPSA to make on its behalf. Furthermore, such Local Unit shall set forth in a certificate delivered to VPSA on the BWNY21254305.3/18580100006/I$90 September 26, 1995 13 Closing Date such facts and circumstances as necessary to show that it reasonably expects to qualify for the Two-Year Exception. B. Except to the extent that a Penalty Election has been made on behalf of a Local Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise subject to the Rebate Requirement, then prior to a withdrawal from its Income Subaccount and upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms of the Information Statement, an interim Rebate Computation with respect to such Local Unit or an estimate of such Local Unit's Rebate Requirement for purposes of determining what amount, if any, to the credit of the Income Subaccount may be subject to rebate. Any estimate of the Local Unit's Rebate Requirement made by the Investment Manager shall also be provided to VPSA in writing. Notwithstanding anything to the contrary in the Information Statement, no disbursement will be made from the Income Subaccount until the aforementioned calculation shall have been made. The amount to the credit of the Income Subaccount that may be subject to rebate is the Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager shall (i) reserve, in the Income Suhaccount, the amount of the Income Subaccount Set Aside until the next Rebate Computation required by Section 11 shall have been made and (ii) credit the remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's Principal Subaccount. Section 10. lnvest~nent Losses. The Investment Manager shall charge any loss realized from the investment or reinvestment of moneys to the credit of the Income Subaccount and the Principal Suhaccount of a Local Unit as follows: BWNYl/254305.3/18580/00006/1890 Scptembcr 26, 1995 14 1. losses on moneys to the credit of the Principal Subaccount shall be charged thereto; and 2. losses on moneys to the credit of the Income Subaecount shall be charged first to the Principal Subaccount and then to the Income Subaccount. Section 11. Rebate Computations. On or before each Computation Date, VPSA will prepare, or cause to be prepared, in accordance with the provisions of the Letter Agreement the Local Unit Rebate Computations. The Local Unit Rebate Computation for each Local Unit shall be made on the basis of the Investment Reports maintained by the Investment Manager for each Proceeds Account. As set forth in the Letter Agreement, the Local Unit Rebate Requirement shah be calculated separately for each Local Unit. If it is determined, however, that the Local Unit Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate Requirement for each Local Unit shall be equal to the percentage of the Aggregate Local Unit Rebate Requirement determined by multiplying the Aggregate Local Unit Rebate Requirement by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated separately and the denominator of which is the sum of all of the positive Local Unit Rebate Requirements calculated separately. If any provision of this Agreement shall become inconsistent with any regulation or regulations promulgated under Section 148(~ of the Code subsequent to the date hereof, VPSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable, a Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or BWNY3/~4305.3/I$550/O(O)O/IS~O September 26, 1~5 regulations, and VPSA, the Investment Manager and each of the Local Units hereby further agree and covenant immediately to make any and all transfers and payments required by Sections 12 and 14 of this Agreement from any moneys on deposit in the Income Subaccount and any other moneys of the Local Unit legally available for such purpose. Section 12. Transfers to Income Subaeeount. Upon receipt of the Rebate Report from VPSA, if the amount on deposit in the Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly charge the Principal Subaccount of such Local Unit to the extent the amount on deposit to the credit of the Income Subaccount is less than the Local Unit Rebate Requirement and credit its Income Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal to the Local Unit Rebate Requirement (taking into account prior amounts credited to the Income Subaccount including investment income thereon). To the extent that the amount on deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and, to the extent permitted by law, the Local Unit agrees to transfer promptly to CFNB, from any funds that are or may be made legally available for such purpose, the amount required. To the extent that the amount on deposit in the Income Subaccount exceeds the Local Unit Rebate Requirement for the Local Unit, the excess over the Local Unit Rebate Requirement shall be transferred to the Principal Subaccount of the Local Unit. BWNY2/254305.3/18580/00006/Igg0 September 26, 1995 16 Section 13. Disposition of Excess Proceeds. A. When a Local Unit shall certify to VPSA and the Investment Manager that there are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount that will not be used for Capital Projects prior to December __, 1998, such amount shall be retained in the Proceeds Account and, to the extent such amount is not required to be deposited to the Income Subaccount pursuant to Section 12, VPSA will, except as provided in the last sentence of this Section 13(a), direct CFNB to apply such amount to redeem such Local Unit's Local School Bonds on the earliest possible date that such Bonds may be called without a penalty or premium or to pay a portion of the annual principal due on such Local Unit's Local School Bonds (a) in the years before such Bonds are c~llable, (b) in years when such Local School Bonds are callable but only in an amount in excess of the unexpended Local School Bond proceeds, or (c) in years when such Bonds are callable but a call premium or penalty is required. The portion of the annual principal payment due on the Local Unit's Local School Bonds that may be paid from the unexpended Local School Bond proceeds is an amount equal to the annual principal payment due multiplied by a fraction, the numerator of which is equal to the uuexponded Local School Bond proceeds of such Local Unit and the denominator of which is equal to the face amount of such Local Unit's Local School Bonds. VPSA will notify the Local Unit of the amount of such credit. Notwithstanding the foregoing, when a Local Unit shall certify to VPSA and the Investment Manager that it has made an election under Section 148(t)(4)(C)(viii) or (ix) of the Code to terminate the Penalty Election, and that, pursuant to Code Section 148(f)(4)(C)(viii)(III) of such termination election, such Local Unit indicates the amount of Available Construction Proceeds to be applied to the redemption of its Local School BWNY2f254305.3/18580/00006/1890 September 26, 1995 17 Bonds and the date of such redemption, VPSA will direct the Investment Manager and CFIqB to apply such amount toward the redemption of such Local Unit's Local School Bonds on the date indicated. B. In the event, that there are any balances remaining on deposit in either the Principal Subaceount or Income Subaccount of any Local Unit on December __, 1998, such amounts will be invested by the Investment Manager in an Individual Portfolio at a Yield not in excess of the VPSA's Bond Yield or in tax-exempt obligations. Section 14. Rebate Payments and Penalty Payments. A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local Unit and VPSA in accordance with the Letter Agreement. B. The payment of the Local Unit Rebate Req 'mrement of ~¢h Local Unit shall be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect to the proceeds of the Local School Bonds on deposit in the Proceeds Account, of thc requirements of Section 148(0 of the Code except to the extent that such issue of Local School Bonds may be treated as a composite issue under T~a~ury Regulation §1.150-1(c) with another issue of obligations. C. Notwithstanding anything to the contrary herein, if VPSA has made the Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the ltWNY2034305311858010000611890 S~p~mbcr ~6, 1995 18 Information Statement, a computation of the amount of the Penalty that must be paid to the United States Treasury pursuant to the Penalty Election. If the amount on deposit in the Local Unit's Income Subaccount and Principal Subaeeount is less than the amount of the Penalty due by such Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the extent permitted by law, the Local Unit agrees to transfer promptly to CFNB, from any funds that are or may be made legally available for such purpose, the amount required. The Penalty of each Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local Units no later than ninety (90) days after the end of the spending period to which the Penalty relates. ~ion 15. Duties of VP~A. VPSA shall carry out its duties and responsibilities under this Agreement and may retain agents, independent contractors and others that it deems qualified to carry out any or all of such duties and responsibilities. VPSA shall carry out, or cause to be carried out, all of its responsibilities under the Letter Agreement. VPSA shall retain a copy of all Rebate Computations for at least six (6) years after the retirement of the last of VPSA's Bonds. VPSA agrees that, except as provided in this Agreement, any rebate liability that VPSA may have on account of the investment and reinvestment of the Gross Proceeds of VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a result of the investment of money credited to funds and accounts created under its bond IIWNY2t]54305.311SS$OIO000611890 $¢pt~ml~r 26, 1995 19 resolutions or as a result of the advance refunding of its bonds, shall be the sole responsibility of VPSA and not any Local Unit. Section 16. Duties of CFN-B. CFIqB shall cal'ty out its duties and responsibilities under the SNAP Documents and this Agreement. Section 17. Duties of Local Units. A. The Local Units will cooperate with VPSA, the Investment Manager and CFNB in order to ensure that the purposes of this A~eement are fulfilled. To that end, each Local Unit covenants and agrees that it will take any and all action and refrain from taking any and all action, as recommended by its bond counsel, to maintain the exclusion from gross income for federal income tax purposes of interest on its Local School Bonds to the same extent such interest was so excludable on the Closing Date. B. If a Local Unit is required to restrict the Yield on its investments, in order to comply with such covenant or to maintain the exclusion from gross income for federal income tax purposes of the interest on VPSA's Bonds, it shall timely notify the Investment Manager to restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general fund or otherwise set aside or earmark funds with which to pay debt service on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to VPSA. C. Each Local Unit agrees to provide for the payment of its Ix)cai Unit Rebate Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each BWNy2/254305.3/IgS80/00006/I890 Seplember 26, 1995 20 Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty. D. Each Local Unit hereby covenants and represents that neither the Local Unit nor any related party, as defined in Section 1.150-1Co) of the Treasury Regulations, to such Local Unit, pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds in an amount related to the amount of Local School Bonds to be acquired from such Local Unit by VPSA. Section 18. Responsibilities of the Investment Man~ger. The Investment Manager shall be the agent of, and serve at the expense of, the Local Units, to manage and direct the temporary investment and reinvestment of all moneys to the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make such computations as required by this Agreement. In general, the duties of the Investment Manager shall include,those described in the SNAP Documents. In particular, the Investment Manager will direct the investment and reinvestment of moneys to the credit of the Subaccounts of each Local Unit in accordance with the Information Statement, the Contract and this Agreement. Section 19. Co~s. Costs of SNAP are payable as provided in the Information Statement. The difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting BWNY2/254305.3/I$Sg0/00006/Igg0 September 26, 1~95 discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School Bonds. VPSA will not charge any other fee to the Local Units for its services or seek reimbursement for its fees and expenses, including counsel fees, incurred in connection with the discharge of its duties and responsibilities under this Agreement. Section 20. Opiniom of Counsel. On the Closing Date, VPSA and each Local Unit shall furnish an opinion of counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this Agreement are valid, binding and enforceable against such client in accordance with its terms. Section 21. Amendment. This Agreement may be amended only with the consent of all the affected parties; provided, however, that this Agreement shall be amended whenever, in the judgment of VPSA, based on an opinion of its counsel, such amendment is required in order to insure that interest on VPSA's Bonds shall remain excludable from gross income for federal income tax purposes to the same extent it was, in the opinion of such counsel, so excludable on the Closing Date. VPSA shall offer to amend this Agreement whenever it shall in good faith determine, based on an opinion of its counsel, that uny one or more of the restrictions or requirements imposed by this Agreement upon the Local Units, or any of them, may be removed or modified without adversely affecting the exclusion of interest on VPSA's Bonds from gross income for federal income tax purposes. BWNy2/254305.3/18580/O000611890 September 26, 1995 22 Section 22. Notices. Whenever notice is to be given pursuant to the provisions of this Agreement, such notice shall be deemed to have been satisfactorily given on the same day if hand delivered or teleoopied during regular business hours or three (3) days after the date of postmark if mailed, first class mail, postage prepaid, as follows: if to VPSA, to by hand by teleoopier in any case if to CFNB, to by hand by mail by telecopier in any case Virginia Public School Authority cYo State Treasurer 3rd Floor, James Monroe Building 101 North 14th Street Richmond, Virginia 23219 Post Office Box 1879 Richmond, Virginia 23215-1879 (8O4) 22~-3187 Attention: Director, Debt Management Division Central Fidelity National Bank 1021 East Cary Street Richmond, Virginia 23219 Post Office Box 27602 Richmond, Virginia 23261 (804) 697-7173 Attention: Joan M. Hill Vice President BWNY2/254305.3/18580/00006/1890 September 26, 1995 23 if to the Investment Manager, to by hand by mail by telecopier in any case Commonwealth Investment Counsel, inc. 901 East Byrd Street Riverfront Plaza, 6th Floor Richmond, Virginia 23219 901 gast Byrd Street Riverfront Plaza, 6th Floor Richmond, Virginia 23219 (804) 782-3629 Attention: A1 Samper Program Administrator if to a Local Unit, to the address or telecopier number indicated on the page of this Agreement executed by such Local Unit. Any such address or number may be changed by written notice given to all the other parties to this Agreement and the Investment Manager, except that a Local Unit need give such notice only to VPSA, CFNB and the Investment Manager. Section 23. No Third Party Beneficiaries. Except as herein otherwise expressly provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto any right, remedy or claim, legal or equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all its provisions being intended to be and being for the sole and exclusive benefit of the parties hereto. BWNY20.543053/18580/00006/1890 September 26. 1995 24 Section 24. Severabillty. In ease any one or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein. In ease any covenant, stipulation, obligation or agreement contained in this Agreement shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the affected party to the full extent permitted by law. Section 25. No Personal Liability. All covenants, stipulations, obligations and agreements of VPSA contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA to the full extent authorized by the laws and permitted by the Consttufion of Virginia. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member, employee or agent of VPSA or any Local Unit in his individual capacity. No member, officer, employee or agent of VPSA or any Local Unit shall incur any personal liability in acting or proceeding or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement and the applicable laws of the Commonwealth of Virginia. Section 26. Applicable Law. This Agreement is executed with the intent that the laws of the Commonwealth of Virginia shall govern its construction. BWNY21254305.311558010000611890 Seplember 26, 1995 25 Section 27. Counterparts. This Agreement may be executed in one or more counterparts. Section 28. Effective Date; Term. This Agreement shall take effect on the Closing Date and shall expire on the date on which VPSA shall make the final rebate payment required by Part D of the Letter Agreement. Virginia Public School Authority Name: Gary Ometer Title: Assistant Secretary and Assistant Treasurer Central Fidelity National Bank Name: Joan M. Hill Title: Vice President Commonwealth Investment Counsel, Inc. Name: A1 Samper Title: Program Administrator BWNY21'254305.311858010000611890 .%ptember 26, 1995 26 NAME OF ISSUER: Page 1 of 2 A. Address for notices, by hand, by mall and by telecopier, if any, as referred to in Section 22 above: B. Authorized Representative(s): Name Tire C. Local School Bonds Closing Date (if not December __, 1995, enter Date of Issue of Local School Bonds): D. Eighteen Month Exception Estimated Investment Earnings for purposes of the Eighteen- Month Exception: $ If any proceeds are used to refund prior debt, please indicate: (a) proceeds used to refund prior debt: $ issuance expense allocable to the refunding portion of the issue: $ BWNY2/254305.3/18580/0000611890 Scptcmbcr 26, 1995 27 Name of Issuer: Page 2 of 2 E. Elections with respect to Two-Year Exception: 1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two- Year Exception: Yes No issue: Estimated Investment Earnings: $ If any proceeds are used to refund prior debt, please indicate: (a) proceeds used to refund prior debt: $ Co) issuance ex1~ases allocable to the refunding portion of the issue: $ Bifurcation Election to treat the portion of the issue used for construction as a separate Yes No If yes, slate the portion of the issue used for construction and non-construction, respectively; (the sum of the following amounts must equal the issue price of $ reduced by any portion used for refunding purposes): (a) portion of the issue used for construction: $ (b) issuance expenses allocable to the constxuction portion of the issue: $ (c) portion of the issue used for non-construction: $ (d) issuance expenses allocable to the non-construction portion of the issue: $ Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate: Yes No City of By: Name: Title: BWNY21254305.3118580/O00061I890 Seotember 26. 1995 28 NAME OF ISSUER: Page 1 of 2 A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section 22 above: B. Authorized Representative(s): Name Title C. Local School Bonds Closing Date (if not December __, 1995, enter Date of Issue of Local School Bonds): D. Eighteen Month Exception Estimated Investment Earnings for purposes of the Eighteen- Month Exception: $ If any proceeds are used to refund prior debt, please indicate: (a) O) proceeds used to refund prior debt: $ issuance expense allocable to the refunding portion of the issue: $ Name of Issuer: Page 2 of 2 E. Elections with respect to Two-Year Exception: 1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two- Year Exception: Yes No issue: Estimated Investment ,Earnings: $ If any proceeds are used to refund prior debt, please indicate: (a) proceeds used to refund prior debt: $ (b) issuance expenses allocable to the refunding portion of the issue: $ Bifurcation Election to treat the portion of the issue used for construction as a separate Yes No If yes, state the portion of the issue used for construction and non-construction, respectively; (the sum of the following amounts must equal the issue price of $ reduced by any portion used for refunding purposes): (a) portion of the issue used for construction: $ Co) issuance expenses allocable to the construction portion of the issue: $ (e) portion of the issue used for non-construction: $ (d) issuance expenses allocable to the non-construction portion of the issue: $ Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate: Yes No County By:. Name: Title: BWNY2/254305.3/18580/O000611890 September 26, 1995 28 LOCAL SCHOOL BONDS - NON-SUBSIDY Exhibit A Page I of 2 Local Uni~ Princioal Amounl~ of B0ndn Albemarle County Augusta County Bedford County Chesterfield County Clarke County Frederick County Goochland County Hanover County King George County Russell County Spotsylvania County Stafford County Total: $ 7,850,000 6,000,000 4,000,000 26,175,000 350,000 3,700,000 4,950,000 1,580,000 4,115,000 325,000 1,805,000 2.805.000 $63.655.000 BWNY2/254305.3/18580/00006/1890 Scptembcr 26, 1995 A-I LOCAL SCHOOL BONDS - SUBSIDY Exhibit A Page 2 of 2 Principal Amount of B~nds Augusta County Botetourt County Cumberland County Floyd County Fluvanna County Franklin, City of Giles County Greene County Henry County Newport News, City of Norton, City of Roanoke, City of Smyth County Spotsylvania County Sutfford County Virginia Beach, City of Washington County Total $12,500,000 10,000,000 5,000,000 3,700,000 2,500,000 741,000 4,000,000 2,895,000 2,500,000 ?,500,000 800,000 4,400,000 4,475,000 1,000,000 2,500,0O0 2,500,000 2.722.411 $69.733~441 B'ArNy2/254305.3/18580/0000611890 September 26, 1995 A-2 Exhibit B [No requisition is required in conjunction with a check payable to a vendor in respect of an invoice due and payable.] FORM OF REQUISmON FOR R~IMBURSEMENT BY PRE-AUTHORIZED WIRE [To be used for Rg. IMBURSF_~IENT to a Local Unit from Local School Bond proceeds for an invoice or obligation that has been paid and is eligible for payment from Local School Bond proceeds.] Commonwealth Investment Counsel, Inc. 901 Fa~t Byrd Street Riveffront Plaza, 6th Floor Richmond, Virginia 23219 VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit] BOND PROCF. g.r~s ACCOUNT - S~ 1995 C ISSUE Requisition from the Principnl Subaecount Requisition No. __ ("item number") This requisition for payment from the Principal Subaccount of the Proceeds Account is submitted in accordance with the provisions of the Proceeds Agreement dated December _, 1995, among the Virginia Public School Authority ('VPSA"), the undersigned (the 'Local Unit") and the other units of local government signatory thereto, Commonwealth Investment Counsel, Inc, as Investment Manager and Central Fidelity National Bank. You are hereby notified that you are authorized and directed by the Local Unit to pay the following obligation from the Principal Subaccount: 1. The item number of such payment: __ 2. The amount[s] to be paid: $ BWNY2/254305.3/18550/00006/1890 September ~, 1995 B-1 3. Purpose by general classification for which such obligation was incurred: 4. The date(s) the expenditure(s) was/were made: To reimburse the Local Unit for costs of the Local Unit through __, 19_ as follows: __ School paid by the 5. A copy of each supporting [invoice, work order, statement] for which reimbursement is to be made is attached hereto. 6. The obligation[s] in the stated amount[s] have been paid, and each item thereof is a proper charge against the proceeds of the Local Unit's Proceeds Account and has not been the subject of a previous withdrawal from the Proceeds Account. 7. All of which is hereby certified. Dated [Name of Local Unit] Authorized Local Unit Representative BWNY2/254305.3/18580/00006/1890 September 26, 1995 B-2 Virginia Public School Authority 101 North 14th Street Richmond, Virginia 23219 Exhibit C LETTER AGRF~EMENT December __, 1995 Re: Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the V'wginia Public School Authority with the Proceeds of Its $ School Flnnq~win~ Bonds 0991 Resolution) Series 1995 C This Ll~.TTER AGRI~.I~.~NT, dated the date shown above (this 'Letter Agreement'), ia between the Authority and the Investment Manager. AH capitalized terms used herein shall have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the Proceeds Agreement to which this Letter Agreement is attached as Exhibit C. With respect to the VPSA's Bonds, the Code requires that an amount equal to the VPSA's Rebate Requirement be paid to the United Slates Treasury. With respect to each issue of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs thc Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with the VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement. To enable VPSA and the Local Units to fulfill their respective obligations under the Proceeds Agreement and to make such payments, and to enable the Investment Manager to fulfill its obligations under this Letter Agreement, the Investment Manager will prepare, on or before January 5, 1996 and each January 5 thereafter, the Investment Reports for VPSA as of the preceding December I and each Local Unit as of the preceding December 1. On the basis of such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each Computation Date for each Local Unit with respect to its issue of l. zx:al School Bonds as described in paragraph 4 of Part B hereto. In addition, the Investment Manager will, based on the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local l~'AqqY2/254305.3/18580/O(X}0611890 S~ptember 26, 1995 C-1 Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its Local Unit Rebate Requirement. A. Investment Re_~rt With respect to all Nonpurpuse Investments acquired during the term of this Letter Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager shall maintain separate Investment Reports for each issue of Local School Bonds. The Investment Report for each Local Unit shall consist of the investments made with respect to its Proceeds Account. B. Rebate Computation on Local Scho91 B0n.d~ VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of Local School Bonds in accordance with the procedure described below: 1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose Inveshnents purchased with or allocated to the Gross Proceeds of the Local School Bonds, as well as any rebate payments made, to such Computation Date in accordance with the requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, tran~¢tion costs incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as provided in the Information Statement. 2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurposo receipts received with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as well as any rebate payments recovered, to such Computation Date in accordance with the requirements of the Treasury Regulations. 3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the 'Local Unit Rebate Requirement" as of the Computation Date. 4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not to charge its general fund or otherwise set aside or earmark funds with which to pay debt service on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to VPSA. 5. The Local Unit Rebate Requirement may be treated as being met and no rebate computation shall be required with respect to the proceeds of the VPSA's Bonds applied to purchase such Local Unit's Local School Bonds if the VPSA receives the opinions and covenants BWNY2/254305.3/l$580/00006/1890 September 26, 1995 C-2 or certification described in Section 9(a) of the Proceeds Agreement that a Local Unit meets the requirements of the (a) Six-Month Exception, (b) Eighteen-Month exception, (c) Small Issuer Exception, or (d) Two-Year Exception, subject to the provisions described below. (a) Six-Month Exce_~tion. Notwithstanding the fact that all of the Gross Proceeds of the Local School Bonds are spent within six (6) months of the date of issue and no other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the term of the issue, if Gross Proceeds of the Local School Bonds become available after the end of the initial six-month period, the Local Unit Rebate Requirement shall be computed with respect to such Gross Proceeds in accordance with the procedure de.scribed above. (b) Eighteen-Month Exception. Notwithstanding the fact that all of the Gross Proceeds of the Local School Bonds are spent within eighteen (18) months of the date of issue and no other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the term of the issue, if Gross Proceeds of the Local School Bonds become available after the end of the initial eighteen-month period, the Local Unit Rebate Requirement shall be computed with respect to such Gross Proceeds in accordance with the procedure described above. (c) ~. If a I. ocal Unit delivers to VPSA no later than the end of calendar year 1995 (i) the opinion of nationally recognized bond counsel that the Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (0(2) and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it shall provide for the payment of or reimburse VPSA for its payment of the Local Unit Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to meet all the requirements of the Small Issuer Exception, then no rebate computation shall be made with respect to the proceeds of VPSA's Bonds applied to purchase such Local School Bonds. Although the Local School Bonds of a Local Unit may qualify for the Small Issuer Exception, custody, investment and disbursement of the proceeds of the VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall continue under the Proceeds Agreement, and the Investment Manager shall continue to provide an Investment Report for such Local Unit. 6. In addition to the foregoing, no rebate computation shall be required with respect to the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a Penalty Election has been made on behalf of the Local Unit with respect to such Local School Bonds. BVv2,1Y2/254305.3/18580/O000611590 September 26, 1995 C-3 C. Ag£regate Rebate Computation on Local School Bond~ In the event that the Treasury Regulations require that the Local Units' Rebate Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units' Rebate Requirement in accordance with the procedure set forth below. 1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have made the Penalty Election), as well as any rebate payments made, to such Computation Date in accordance with the requirements of the Treasury Regulations. 2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date in accordance with the requirements of the Treasury Regulations. 3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the "Aggregate Local Units' Rebate Requirement" as of the Computation Date. i. Upon the calculation of thc Local Unit Rebate Requircment for each Local Unit, VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit of its Income Subaecount is less than its Local Unit Rebate Requirement and credit its Income Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal to such Local Unit Rebate Requirement (taking into account prior amounts credited to the Income Subaecount including investment income thereon). To the extent that the amount on deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income Subaecount such that the balance in the Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency so that the Local Unit may promptly transfer to CFNB the amount required pursuant to Section 12 of the Proceeds Agreement. 2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired with the Gross Proceeds of the VPSA's Bonds in accordance with the procedures set forth in the Rebate Certificate attached as an Exhibit to the Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds. B~FIY~M~$4305.3118580/O0006/1890 September 26, 1995 C-4 3. The ~ Unit Rebate Requirement for each Local Unit, if a positive number, shall be paid at the direction of VPSA to the United States in installments. Each payment shall be made not later than sixty (60) days after each Computation Date. Each payment must be in an amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate Requirement must be paid to the United States within sixty (60) days after the Final Computation Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 and be accompanied by Form 8038-T. VPSA shall make such payment as required. Investment Reports and records of the determinations made hereunder shall be retained by the Investment Manager and by VPSA, resistively, until six (6) years after the retirement of the last of VPSA's Bonds. E. Definitions In addition to the words and terms defined in the Proceeds Agreement to which this Letter Agreement is attached as Exhibit C, the following words and terms shall have the following meanings: 'AvailAble Construction Proceeds" shall have the meaning given to such term in Section 2 of the Proceeds Agreement. 'Bond Resolution' shall mean the resolution of the Authority adopted on June 26, 1991, as amended and supplemented. "Closing Date' shall have the meaning given to such term in the Proceeds Agreement. 'Code' shall have the meaning given to such term in the Proceeds Agreement. 'Computation Date" shall have the meaning given to such term in the Proceeds Agreement. 'Eighteen-Month Exception' shall mean the exception, provided by Section 1.148-7(d) of the Treasury Regulations, to the rebate requirement imposed by Section 148(0(2) of the Code. 'Fair Market Price' shall mean the purchase price and disposition price of a Nonpurpose Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price. An investment that is not of a type traded on an established market, within the meaning of Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that is not equal to its fair market value. Accordingly, a premium may not be paid to adjust the yield on an investment, a lower interest rate than is usually paid may not adjust the yield on an investment and no transaction may result in a smaller profit or larger loss than would have resulted if the transaction had been at arm's-length and had the yield with respect to the Bonds not been relevant to either patty. Pursuant to Treasury Regulation Section 1.148-5(d), the BWNY2/254305.3/18580/0~006/1890 September 26, 1995 following are safe harbors for establishing the Fair Market Price of certificates of deposit and guaranteed investment contracts: (i) 'f~l~lf~l~Jl. A certificate of deposit with a fixed interest rate, fixed payment schedule and a substantial penalty for early withdrawal will be deemed purchased for fair market value if the yield on the certificate of deposit is not less than (i) the yield on reasonably comparable direct obligations of the United States and (ii) the highest yield published or posted by the provider to be currently available from the provider on reasonably comparable certificates offered to the public. See Section 1.148- 5(d)(6)(ii) of the Treasury Regulations. (ii) I~91~3~,gIl~llf~k Investments pursuant to a guaranteed investment agreement will be regarded as being made at fair market price if (i) the Issuer makes a bona fide solicitation for a specified guaranteed investment contract; (ii) the Issuer receives at least three bona fide bids on the inve~hnent contract from providers that have no material financial interest in the Bonds (including as underwriter); ('fii) the winning bidder provides a certificate that (A) lists all recipients, amounts and purposes of each brokerage fee, placement fee, commission or other similar payment to third parties paid by or on behalf of the winning bidder in connection with the guaranteed investment contract, (B) states that the yield on the guarant~ investment contract is not less than the yield available from the provider on reasonably comparable guaranteed investment contracts offered to other persons from sources of funds other than gross proceeds of tax-~xempt bonds, and (C) in those agreements wherein the Issuer deposits amounts, states that the Issuer's reasonably expected draw-down schedule (other than for amounts deposited in debt service funds or reasonably reqnired reserve or replacement funds) was a significant factor in the determination of the terms of the guaranteed investment contract; (iv) the Issuer purchases the highest yielding guaranteed investment contract for which a qualifying bid was made (determined net of broker's fees); and (v) the terms of the guaranteed investment contract, including the collateral security requirements, are reasonable have the same meaning as set forth in the Treasury Regulations. 'Final Computation Date" shall have the meaning given to such term in the Proceeds Agreement. "Future Value" of a payment or receipt at the end of any period is determined using the economic accrual method and equals the value of that payment or receipt when it is paid or received (or treated as paid or received), plus interest assumed to be earned and compounded over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding interval and financial conventions used to compute that yield. "Gross Proceeds' shall have the meaning ascribed to such term in Section 148 of the Code and shall mean: (a) amounts actually received or constructively received by VPSA from the sale of the VPSA's Bonds and the amounts actually or constructively received by the Local Units from the sale of the Local School Bonds, other than any BWNy2/254305.3/18550/00006/i$90 September 26, 1995 c-6 interest accruing on the VPSA's Bonds from the dated d~te to the issue date of such bonds; Co) mounts treated as Transferred Proceeds (as defined in Treasury Regulations Section 1.148-9) of the VPSA's Bonds or the Local School Bonds, if any; (c) amounts that are reasonably expected to be or are in fact used to pay debt service on the Bonds including amounts in the sinking fund portion of the 1991 Income Fund under the Bond Resolution and the 1991 Bond Service Account under the Bond Resolution; (d) SeCurities or obligations pledged by the VPSA or Local Unit as security for payment of debt service with respect to the VPSA's Bonds or the Local School Bonds; (e) amounts received with respect to any investments acquired with Gross Proceeds for the purpose of carrying out the governmental purpose for which the VPSA's Bonds or the Local School Bonds were issued, including, the Local School Bonds, except that such amounts shall not include amounts, if any, that are properly allocable to qualified administrative costs recoverable under Treasury Regulation Section 1.148-5(e) or to the higher yield permitted under Treasury Regulation Section 1.148-2(d) or Section 143(g) of the Code; (0 amounts treated as "replacement proceeds' of the VPSA's Bonds or the Local School Bonds within the meaning of section 1.148-1(c) of the Treasury Regulations; (g) any funds that are part of a reserve or replacement fund for the VPSA Bonds or Local School Bonds, including the Debt Service Reserve Account under the Bond Resolution; and (h) amounts received as a result of investing any Gross Proceeds. Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to the extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local School Bonds. The determination of whether an amount is included within this definition shall be made without regard to whether the amount is credited to any fund or account established under the Bond Resolution, or whether the amount is subject to the pledge of the Bond Resolution. For purposes of subsection (d) above, an amount is pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the amount will be available for such purposes in the event that the VPSA or Local Unit encounters financial difficulties. An amount can be indirectly pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if it is pledged to a guarantor of either or both such bonds. An amount may be "negatively" pledged to pay principal or interest with respect BWN¥2/254305.3/18580/00006/1890 September 26, 1995 C-7 to VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at a particular level for the direct or indirect benefit of the holders of the bonds or a guzLrantor of the bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may grant rights in the amount that are superior to the rights of the holders of the bonds or a guarantor of the bonds, or (ii) the amount does not exceed reasonable needs for which it is maintained, the required level is tested no more frequently than every 6 months, and the amouni may be ' · · · spent w~thout any substantial restriction other than a requirement to replenish the amount by the next testing date. If a decision is made to apply any insurance or condemnation proceeds to the redemption of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or replacement, any such proceeds become Gross Proceeds on the date of such a decision. The definition of Gross Proceeds has been set out in full for the sake of completeness. With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local Unit's Proceeds Account except to the extent that the ~ School Bonds may be part of a composite issue under Treasury Regulation §1.150-1(c), or the Local Unit may have retained Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided above, and the amounts on deposit in the sinking fund portion of its 1991 Income Fund under the Bond Resolution and the 1991 Bond Service Account and Debt Service Reserve Account under the Bond Resolution. "Income Subaccount Set Aside" shall have the meaning given to such term in the Proceeds Agreement. 'Installment Computation Dates" shall have the meaning given to such term in the Proceeds Agreement. 'Investment Report' shall mean Investment Report as defined in the Letter of Instructions to the Investment Manager dated May 1, 1994. "Local Unit's Rebate Requirement# shall mean the sum of (i) the excess of (A) the aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of the Local School Bonds over 03) the amount that would have been earned if the Nonputpose Investments had a Yield equal to the VPSA's Bond plus ('ti) any income attributable to the excess described in clause (i). 'Nonpurpose Investments' shall mean any security, obligations, annuity contract or any other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or the Local School Bonds. Nunpurpose Investments shall not include Tax-Exempt Investments. Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase price of the Nonpurpose Investment is the Fair Market Price. BWNY2/254305.3/18580/00006/1890 September 26, 1995 C-8 "Rebate Calculation Agent" shall mean that accounting firm with a favorable national reputation in the field of the calculation of amounts subject to rebate to the United States under Section 148(0 of the Code and the Temporary Regulations that has been appointed under Section 9.2 of the Contract or by VPSA. "Six-Month Exception" shall mean the exception, provided by Section 148(0(4)(B) of the Code, to the rebate requirement imposed by Section 148(0(2) of the Code. *Small Issuer Exception" shall mean the exception, provided by Section 148(f)(4)(D) of the Code, to the rebate requirement imposed by Section 148(0(2) of the Code. "Tax-Exempt Investments* shall include: (i) obligations the interest on which is excludable from gross income for federal income tax purposes, and not treated as an item of tax preference under Section 57(a)(5)(C) of the Code, (ii) stock in a regulated investment company to the extent that at least 95% of the income to the holder of the interest is excludable from gross income under Section 103 of the Code, and (iii) certificates of indebtedness issued by the United States Treasury pursuant to Demand Deposit State and Local Government Series program described in 31 CFR part 344 ("SI-XSs"). "Treasury Reguhtions" shall mean the Treasury Regulations Sections 1.148-0 through 1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(e)-1, 1.149(g)-1, Section 1.150-1 and Section 1.150-2, as amended from time to time hereafter, and other regulations promulgated under Section 148 of the Code. "Two-Year Exception" shall mean the exception, provided by Section 148(f)(4)(C) of the Code, to the rebate requirement imposed by Section 148(0(2) of the Code. "VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in clause (i). "Yield*, for purposes of this Letter Agreement, shall be calculated pursuant to the Treasury Regulations by means of an actuarial method of yield calculation whereby "yield" means that discount rate which, when used in computing the present value of all the unconditionally payable payments of principal and interest and all the payments for a qualified guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is %. The Yield on investments must be computed by the use of the same frequency BWNY'2/254305.3118580/O000611890 September 26, 1995 C-9 interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and the Local School Bonds. F. Amendments In order to comply with the covenants by VPSA and each of the Local Units regarding compliance with the requirements of the Code and the exclusion from federal income taxation of the interest paid and to be paid on the Local School Bonds and VPSA's Bonds, the procedures described in this Letter Agreement may be modified as necessary, based on the advice of counsel, to comply with rulings, regulations, legislation or judicial decisions as may be applicable to such bonds. Very truly yours, VIRGINIA PUBLIC SCHOOL AUTHORITY By: Name: Title: Gary Ometer Assistant Secretary and Assistant Treasurer Accepted: COMMONWEALTH INVESTMENT COUNSEL, INC. Name: Al Samper Title: Program Administrator BWNY2/254305.3/18580/O0006/1890 September 26, 1995 C= l0 Exhibit D AUTHORIZED REPRESENTATIVES The following are the Authorized Representatives of Virginia Public School Authority, Central Fidelity National Bank and Commonwealth Investment Counsel, Inc. VIRGINIA PUBLIC SCHOOL AUTHORITY: Name Title Soeeimen Signature Gary Ometer Arthur N. Bowen, HI Assistant Secretary and Assistant Treasurer Assistant Secretary and Assistant Treasurer Name Joan M. Hill CENTRAL FIDELITY NATIONAL BANK: Title Vice President S~t~cimen Si~,nature Name Al Samper COMMONWEALTH INVESTMENT COUNSEL, INC. Title Program Administrator S_~ecimen Sienature BWNY2/254305.3/18580/O000611890 September 26, 1995 D- 1 CERTIFICATE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, VIRGINIA The undersigned, the duly elected Clerk of the Circuit Court of the City of Roanoke, Virginia, certifies that on this day a certified copy of a resolution entitled: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1995 A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF and adopted by the Council of the City of Roanoke, Virginia on October 16, 1995, was duly filed with the Circuit Court of the City of Roanoke pursuant to Section 15.1-227.9 of the Code of Virginia of 1950, as amended. This certificate is signed and sealed this day of October, 1995. Clerk, Circuit Court of the City of Roanoke (SEAL) CERTIFICATE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, VIRGINIA The undersigned, the duly elected Clerk of the Circuit Court of the City of Roanoke, Virginia, certifies that on this day a certified copy of a resolution entitled: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1995 A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF and adopted October 16, of of October, by the Council of the City of Roanoke, Virginia on 1995, was duly filed with the Circuit Court of the City Roanoke pursuant to Section 15.1-227.9 of the Code of Virginia 1950, as amended. This certificate is signed and sealed this day of 1995. (SEAL) Clerk, Circuit Court of the City of Roanoke 211902 - 1.934\ 4. snc CERTIFICATE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, VIRGINIA The undersigned, the duly elected Clerk of the Circuit Court of the City of Roanoke, Virginia, certifies that on this day a certified copy of a resolution entitled: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1995 A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF and adopted October 16, of of October, by the Council of the City of Roanoke, Virginia on 1995, was duly filed with the Circuit Court of the City Roanoke pursuant to Section 15.1-227.9 of the Code of Virginia 1950, as amended. This certificate is signed and sealed this day of 1995. (SEAL) Clerk, Circuit Court of the City of Roanoke CERTIFICATE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, VIRGINIA The undersigned, the duly elected Clerk of the Circuit Court of the City of Roanoke, Virginia, certifies that on this day a certified copy of a resolution entitled: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1995 A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF and adopted by the Council of the City of Roanoke, Virginia on October 16, 1995, was duly filed with the Circuit Court of the City of Roanoke pursuant to Section 15.1-227.9 of the Code of Virginia of 1950, as amended. This certificate is signed and sealed this day of October, 1995. (SEAL) Clerk, Circuit Court of the City of Roanoke CERTIFICATE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, VIRGINIA The undersigned, the duly elected Clerk of the Circuit Court of the City of Roanoke, Virginia, certifies that on this day a certified copy of a resolution entitled: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1995 A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF and adopted by the Council of the City of Roanoke, Virginia on October 16, 1995, was duly filed with the Circuit Court of the City of Roanoke pursuant to Section 15.1-227.9 of the Code of Virginia of 1950, as amended. This certificate is signed and sealed this day of October, 1995. (SEAL) Clerk, Circuit Court of the City of Roanoke ~'~1 C. Nelson Harris, Chainna~ Marsha W. Ellison John H. Saunders M, arilyn L. Curtis, Vice Chairman Melinda J. Payne Dr. E. Wayne Harris, Superintendent Charles W. Day Dr. Finn D. Pincus June S. Nolley, Clerk of the Board -Roanoke City School Board P. 0 .Box 13145, Roanoks, Virginia 24031 · 540-981-2381 * Fmc. 540-081-2951 September 14, 1995 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 2401 I Dear Members of Council: As you will recall, the Roanoke City School Board approved a resolution for the Roanoke City Public Schools to participate in the 1995 Virginia Public School Authority (VPSA) bond issue and request the City of Roanoke to issue its general obligation school bonds in an amount not to exceed $4,400,000.00 for improvements and additions to Wasena Elementary School and Jackson Middle School. City Council adopted a resolution on September I I authorizing application to the VPSA and the issuance of general obligation bonds in an amount not to exceed $4,400,000.00. In order to meet the timeline established by the VPSA, the Board respectfully requests City Council to hold a public hearing on October 16, 1995, regarding the issuance of general obligation bonds. The Board appreciates Council's assistance in this matter. Sincerely, ne S. Nolley, CPS Clerk of the Board re cc: Rev. C. Nelson Harris Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L Murray, Jr. Hr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Excellence in Education MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~anoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 24, 1995 File #24-200-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, October 16, 1995, Ms. Barbara N. Duerk, a member of the City Planning Commission, advised that in most instances land which is found to be free and clear following a title search reverts to adjacent property owners upon approval by Council of street and alley closings. However, she expressed concern that the City may be giving away valuable land, and suggested that recommendations be submitted to Council in regard to other alternatives to address the matter. Ms. Duerk's remarks were referred to you for appropriate response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development