HomeMy WebLinkAboutCouncil Actions 04-02-90 Bow· r s
(29996)
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
April 2, 1990
2:00 p.m.
AGENDA FOR THE COUNCIL
C-1
Call to Order -- Roll Call. All Present.
The invocation will be delivered by The Reverend Charles T.
Green, Chaplain, Roanoke Memorial Hospitals. Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Selection of six persons to be accorded the public inter-
view for the position of School Trustee, such interviews to be
held on Thursday, April 12, 1990, at 7:00 p.m., in the City
Council Chamber. The following persons have applied for
appointment:
1. Sallye T. Coleman
2. Charles W. Day
3. Emanuel C. Edwards
4. John T. Geary
5. David K. Lisk
6. Delvis 0. McCadden
7. Lewis W. Peery
8. Finn D. Pincus
9. Denise A. Reedy
Council voted to accept the resignation of Mr. Guy W. Byrd, Jr.,
as a member of the Roanoke City School Board, effective March
28, 1990, and agreed to interview all nine persons who applied
for appointment to the School Board on Thursday, April 12, 1990,
at 7:00 p.m. (Council Members Bowers and Musser voting no.)
CONSENT AGENDA (Approved 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITE~ WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the special meeting of Council held on Thursday,
November 2, 1989; the regular meetings held on Monday, November
6, 1989, and Monday, November 13, 1989; the special meeting held
on Monday, November 13, 1989; the regular meeting held on
Monday, November 20, 1989; and the special meeting held on
Tuesday, November 21, 1989.
(1)
C-2
C-3
e
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
A list of items pending from July 10, 1978, through March
26, 1990.
~ECOM~ENDED ACTION: Receive and file.
Qualification of Mr.
Roanoke Regional Airport
ending March 9, 1994.
Joel M. Schlanger as a member of the
Commission for a term of four years
RECOMMENDED ACTION: Receive and file.
Request of Vice-Mayor Fitzpatrick for an
discuss specific legal matters requiring
advice by Counsel being proposed amendments
Agreement, pursuant to Section 2.1-344 (A)
(1950), as amended.
Executive Session to
provision of legal
to the Consolidation
(?), Code of Virginia
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Communications:
A communication from Mr. James E. Wright, Business
Representative, Local Union No. 319, United Brotherhood of
Carpenters and Joiners of America, with regard to a presen-
tation of deep concern to the U. B. of C. & J. and the
Southwest Virginia Building & Construction Trades Council.
Presentation of a twenty minute video with regard to con-
cerns pertaining to Construction of the Dominion Tower
Project in downtown Roanoke. (No action taken by the
Council).
Reports of Officers:
a. City Manager:
Briefings: None.
Items Recommended for Action:
e
A report with regard to a request from the Roanoke
Valley Worship Center - Church of God that an Ordinance
be adopted authorizing the church to hold more than
four acres of land in the City.
Adopted Ordinance No. 29998-4290. (7-0)
A report with regard to execution of a real estate
option at 903 Kellogg Avenue, N. W., under the Home
Purchase Assistance Program.
Adopted Ordinance No. 29997-4290. (?-0)
(2)
6. Reports of Committees:
10.
A report of the Water Resources Committee recommending
authorization for an amendment to the lease with Budget
Rent-A-Car for certain City-owned property, in order to
include provisions for an additional five year term and to
permit Lynn Leasing, successor in interest to Budget
Rent-A-Car, to assign the lease to any purchaser of the
business. Council Member Elizabeth T. Bowles, Chairman.
Adopted Ordinance No. 29998 on first reading. (7-0)
A report of the Water Resources Committee recommending
appropriation of $230,000.00 to provide necessary funds for
normal maintenance of the City's water system for the
remainder of fiscal year 1989-90. Council Member Elizabeth
T. Bowles, Chairman.
Adopted Ordinance No. 29999-4290. (7-0)
A report of the Water Resources Committee recommending
transfer of $75,000.00 to provide funds to purchase energy
and $150,000.00 to purchase chemicals for the Water
Pollution Control Plant for the remainder of fiscal year
1989-90. Council Member Elizabeth T. Bowles, Chairman.
Adopted Ordinance No. 30000-4290. (7-0)
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
None,
9. Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and Members of City
Council.
With reference to a communication from Mr. Richard W.
Robers, Chairman, Roanoke County Board of Supervisors,
under date of March 14, 1990, requesting that Council con-
sider certain modifications to the proposed Consolidation
Agreement between Roanoke City and Roanoke County, in con-
nection with composition of the School Board, Council voted
to add one additional member from the territory of the
former County or the territory of the former City,
whichever has the greater school census, and one additional
member from the Town of Vinton. The City Attorney was
instructed to seek amendment of the Charter for the Roanoke
Metropolitan Government with respect thereto·
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
Other Hearings of Citizens:
Certification of Executive Session. (7-0)
(3)
Office ofthe City Clerk
April 3, 1990
File #467
Mrs. Sallye T. Coleman
Hr. Charles W. Day
Mr. Emanuel C. Edwards
Mr. John T. Geary
Mr. David K. Lisk
Mr. Delvis O. McCadden
Mr. Lewis W. Peary
Mr. Finn D. Pincus
Mrs. Denise A. Reedy
Ladies and Gentlemen:
At the regular meeting of the Council, of the City of Roanoke held
on Monday, April 2, 1990, you were selected by the Council to be
accorded the formal interview for the position of School Board
Trustee for a term of three years beginning July 1, 1990.
The formal interviews will be held on Thursday, April 12, 1990,
at 7:00 p.m., in the City Council Chamber, fourth floor of the
Municipal Building. The Council will publicly interview each
candidate separately and out of the presence and hearing of the
other candidates. The older of interviews will be determined by
drawing numbers on the dvening of April 12, with the individual
drawing the number one to be the first person to be interviewed,
etc. You will be given the opportunity to make an opening state-
ment of not more than five minutes, thereafter, the Council may
ask such questions filed with the City Clerk as Council, in its
discretion, deems advisable.
If I may provide additional information or be of assistance in
any ~ay, please do not hesitate to call me at 981-2541.
Sincerely~ ~~
Mary F. Parker, CMC/AAE
City Clerk
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Room45& Municip41"%ilding 2lSChurch Avenue. $. W, Roanoke. Vi;gini4 24011 (70:1) g81-2541
Office of the City Clerk
April 4, 1990
File #15-467
Mr. Guy W. Byrd, Jr.
President/Chief Executive Officer
The National Bank of Commerce of Charleston
One Commerce Square
Charleston, West Virginia 25301
Dear Mr. Byrd:
Your communication tendering your resignation as a Trustee of the
Roanoke City School Board, effective March 28, 1990, was before
the Council of the City of Roanoke at a regular meeting held on
Monday, April 2, 1990.
On motion, duly seconded and adopted, the communication was
received and filed and your resignation was accepted with regret.
The Council requested that I express
the many services you have rendered
Trustee of the School Board. Please
of Appreciation issued by the Mayor
City Council.
its sincere appreciation for
to the City of Roanoke as a
find enclosed a Certificate
on behalf of the Members of
/~'x.~ --~.Sincerely' ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
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pc:
Mr. James M. Turner, Jr., Chairman, Roanoke City School
Board, P. 0. Box 1689, Salem, Virginia 24153
Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031
Room456 Muni¢ipalRuilding 215Church Avenue,$.W. Roanoke, Virginia 24011 (703)981-2541
The National
Bank of Commerce ....
of Charleston
Member FDIC
One Commerce Square · Charleston, WV 25301 · (304) 348-5000
March 28, 1990
Guy W. Byrd, Jr.
President and
Chief Executive Officer
(304) 348~537
The Honorable Noel C. Taylor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I understand that the School Board's FY90-91 General Fund
Budget has been submitted to City Council and now rests in your
hands. I know that it will be well received. Since the task of
developing the new budget is now completed, please accept my
resignation as a Trustee of Roanoke City School Board as of
today, March 28, 1990.
Though we are still in the process of moving, all of my time
is now being spent in Charleston. Therefore, I believe that
advancing the date of my resignation would be in the best
interests of the citizens of Roanoke, and would allow Council as
much time as possible to fill the position.
Again, my best wishes for continued success in your
leadership of the City and its many fine programs, including the
schools.
Thank you for the opportunity to have been of service.
Kindest Personal Regards,
ckb:GWB
Office of the City Clerk
March 29, 1990
The Honorable ~ayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 9-17 of the Code of the City of Roanoke
(1979), as amended, the cut-off date for School Board applica-
tions was Monday, March 12 at 5:00 p.m. The enclosed com-
munication from Dr. Harry R. Yates was received in the morning
mail on this date. The communication is forwarded to the Mayor
and ~embers of Council for your information.
With kindest personal regards, I am
Sincerely yours,
Mary F. Parker, CMCI~AE
City Clerk
MFP:ra
Enc.
Room456 MunicipalBuilding 215Church Avenue,$,W. Roanoke, Virginia 24011 (703)981-2541
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
Pending Items
Referral Date
7/10/78
2/23/87
6/20/88
I/9/89
8/14/89
8/14/89
8/14/89
from July i0, 1978, through March 26, 1990.
Referred To Item
City Manager
Recommendation No. 11 con-
tained in the Mayor's 1978
State of the City Message.
(Development of Mill Moun-
tain - hotel.)
Regional Cable
Television Committee
Request of Cox Cable Roanoke
for a renewal of their fran-
chise agreement in order to
simplify and clarify langu-
age, make certain additions
and deletions, and extend the
term.
Regional Cable
Television Committee
Communication advising of Cox
Cable Roanoke's intent to
seek renewal of the Cable
Television Franchise in the
City of Roanoke.
City Manager
Matter with regard to speed-
ing on Hemlock Road, N. W.
City Manager
Mayor's 1989 State of the
City Recorr~endation No. 1 -
permitting each City employee
to receive his or her birth-
day as a holiday, in such
instances where the calendar
and work experience will per-
mit.
City Manager
Mayor's 1989 State of the
City Recommendation No. 2 -
establish details and cri-
teria for an "Employee of the
Year" Program for par-
ticipation by Roanoke City
employees.
City of Roanoke
Transportation Safety
Commission
Mayor's 1989 State of the
City Recommendation No. 3
that the "Star City" become
the safest place to live in
Virginia by striving to have
Virginia's highest highway
compliance rate for buckling
up.
-1-
Pending Items from July 10, 1978,
Referral Date Referred To
8/14/89 City Manager
8/14/89
City Manager
Trade and Convention
Center Committee
11/13/89
City Manager
12/18/89
City Attorney
through March 26, 1990.
Item
Mayor's 1989 State of the
City Recommendation No. 10
establish linear parks with
flowers, street scenes,
benches and walkways at the
proper points on both sides
of the railroad.
Mayor's 1989 State of the
City Recommendation No. 12 -
consider the conversion of
the former Railway Passenger
Station into a visitor's
center if the property is
made available to the City in
the future.
Communication from Council
Member David A. Bowers recom-
mending the formulation of a
"visitation school" to help
divorced parents learn how to
deal with the problems of
coordinating visitation with
their children.
Communication from Mr. L.
Elwood Norris, Chairman,
Board of Zoning Appeals,
requesting an amendment of
Section 62(8), Zoning, of the
City Charter to provide that
the terms of members of the
Board of Zoning Appeals shall
be staggered so that no more
than two members will be eli-
gible for reappointment at
any given time.
-2-
Pending Items from July 10, 1978, through March 26, 1990.
Referral Date Referred To Item
12/26/89
1/8/90
1/16/90
3/12/90
3/12/90
Director of Finance
The matter of including
school teachers in the City
of Roanoke Pension Plan was
referred to the Director of
Finance for the purpose of
conferring with appropriate
school officials, and report
to Council accordingly. In
the event that State law
precludes such participation,
the matter was also referred
to the City Attorney to be
included in the City's 1991
Legislative Program for con-
sideration by the City's
delegation to the General
Assembly of Virginia.
City Attorney
Requested to conduct a review
of the City's Zoning Ordi-
nance to determine if
stronger regulations and
management procedures are in
order for certain zoning mat-
ters.
R. A. Garland, Chairman
William F. Clark
James D. Ritchie
Bids for asbestos abatement
at 118 through 124 Campbell
Avenue, S. W., and the
Knights of Pythias Building.
1990-91 Budget Study
A communication from Council
Member David A. Bowers with
regard to a request of the
Roanoke City School Board for
appropriation of an addi-
tional $2.1 million to the
School budget.
Municipal Auditor
City Attorney
A communication from Council
Member David A. Bowers with
regard to alleged abuses in
certain bingo operations
being conducted in the City
of Roanoke.
-3-
Pending Items
Referral Date
3/19/90
3/19/90
3/19/90
3/26/90
3/26/90
from July 10, 1978, through March 26, 1990.
Referred To Item
City's Representa-
tives - Consolidation
Negotiating Team
A communication from Mr.
Richard W. Robers, Chairman,
Roanoke County Board of
Supervisors, requesting that
Council consider certain
modifications to the proposed
Consolidation Agreement bet-
ween Roanoke City and Roanoke
County.
City's Representa-
tives - Consolidation
Negotiating Team
A communication from Mr.
Charles R. Hill, Mayor, Town
of Vinton, requesting that
Council unilaterally not con-
cede to amending the proposed
Consolidation Agreement that
affects the Town of Vinton.
City Attorney
Request of Mr. Charles L.
Downs, President, Roanoke
Sister Cities Corporate
Board, that Council adopt a
measure that would introduce
Wonju, Korea, and Kisumu,
Kenya, Roanoke's Sister
Cities, to one another, and
propose and encourage a
Sister City relationship bet-
ween the two cities.
R. A. Garland, Chairman
William F. Clark
Kit B. Kiser
Bids for construction of new
concrete sidewalks, entran-
ces, curb and gutter on
various streets in downtown
Roanoke, as well as 14th
Street, S. E.
City Manager
Requested to investigate the
matter of providing neigh-
borhood recreation programs
in the South Roanoke area
during the time frame that
the Crystal Spring Elementary
School is closed for renova-
tions, as well as recrea-
tional programs that could be
continued when the school re-
opens.
-4-
Office of the City Clerk
April 4, 1990
File #9-15
Mr. W. Robert Herbert, Chairman
Roanoke Regional Airport Commission
Roanoke, Virginia
Dear Mr. Herbert:
This is to advise you that ~r. Joel M. Schlanger has
a member of the Roanoke Regional Airport Commission
four years ending March 9, 1994.
qualified as
for a term of
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc: Ms. Cathy
Commission
S. Pendleton, Secretary, Roanoke Regional
Airport
Room 456 Municipal Building 215Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541
0-2
Oath or Affirmation of Office
8tare o] Virginia, Cit~I o] Roanoke, to .~it:
I,
, do solemnly swear (or eJfirm) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me as
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this___~~
Office of the City Clerk
~4arch 21, 1990
File #15-9
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Hr. $chlanger:
At the regular meeting of the Council of the City of Roanoke held
on Monday, March 12, 1990, you were reelected as a member of the
Roanoke Regional Airport Commission for a term of four years
ending March 9, 1994.
Enclosed you will find a Certificate of your reelection aaa aa
Oath or ~ffirmation of Office which may be administered by the
Clerk of the Circuit Court of the City of Roanoke, located on the
third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Qffice to Room 456 in the
~unicipal ~uilding prior to serving ia the capacity to ~hich you
were reelected.
For your information and pursuant to Section 2.1-341.1, Code
Virginia (1950), as amended, I am enclosing copy of the Freedof~
of Information Act.
Sincerely,
~ary F. Parker, C~iC/~AE
City Clerk
MFP:ra
Enc.
pc:
~r. ~. Robert Herbert, Chairman, Roanoke Regional ~irport
Commission
~s. Cathy S. Pendleton, Secretary, Roanoke Regional 4irport
Commission
Room~,56 MunicipalBuilding 215Church A~enue,$ W Roanoke, Virginia 2¢011 {70])98~ 2541
COMMONWEALTH OF
CITY OF ROANOKE
VIRGI_NIA
)
) To-wit:
)
I, ~ary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof,
do hereby certify that at a regular meeting of Council held on
the twelth day of March, 1990, JOEL M. SCHLANGER was reelected as
a member of the Roanoke Regional Airport Commission for a term of
four years ending March 9, 1994.
Given under my hand and the Seal of the City of Roanoke this
twenty-first day of March, 1990.
City Clerk
Office of
the Council
April 2, 1990
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Council Members:
This is request that Council convene in Executive Session to dis-
cuss specific legal matters requiring the provision of legal advice by
counsel being proposed amendments to the Consolidation Agreement be-
tween the City of Roanoke and the County of Roanoke, dated February 28
1990. '
BTF:mf
Very truly yours,
Beverly T. Fitzpatrick,
Vice-Mayor
Jr.
Room 456 Municipal Building 2t 5 Church Avenue S W Roonoke, Virginia 24011 (703) 981-2541
LOCAL UNION No. 319
CHARTERED AUOUST 20, 1901
United rotfierbood of arpenters and Joiners of e /merica
Ovvlc~ - 24 W~tLs Aw., N.E. P~o~ 343-2621
ROANOKE, VIRGINIA 24016
March 19, 1990
The Honorable Mayor Noel C. %aylor
Room 452--Municipal Building
5!15 Church Ave. S.W.
Roanoke, VA 24011
Dear Mayor Taylor:
On behalf of the United Brotherhood of Carpenters and Joiners
of America and the Southwest Virginia Building & Construction Trades
Council, I would like to request time under Section -3 A of the
Agenda of the regular meeting of City Council on March 26, 1990, to
have the Council view a video that holds deep concern to the U.B. of
C & J. of A. and the S.W.Va. B. & C. T.C..
Your answer to this request, would be greatly appreciated.
Very truly you~,
~a~nes ~. Wright~
Business Representative
Local Union No. 319
JEW/ww
P.S. This video will
run approximately 20 minutes.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 2nd day of May, 1977.
VIRGINIA,
No. 23598.
A RESOLUTION establishing the policy of this Council with
respect to listening to representatives of employee labor organi-
zations who desire to speak at public Council meetings°
WHEREAS, Council is desirous of establishing a constitutional,
lawful, and fair and equitable policy and procedure applicable
to representatives of employee labor organizations who desire to
speak at public sessions of Council;
WHEREAS, the Supreme Court of Virginia held, inter alia, in
Commonwealth v. County Board of Arlington County, et si., 217 Va.
S.E.2d __ (1977), that a local governing body
may not officially recognize any person or organization as the repre-
sentative of all the employees of an employee unit;
WHEREAS, §5, of Chapter 13.2, of Title II, Code of the City of
Roanoke (1956), as amended, gives to City employees the right to
present before Council their views concerning any matters relating
to the employment relationship;
THEREFORE, BE IT RESOLVED that this Council adopts the follow-
ing policy and procedure for application to persons desiring to
speak on behalf of others at public meetings of Council:
1. Council grants official recognition to no
employee labor organization nor does Council recog-
nize any person or organization as representative
of all the employees in any employee unit.
2. Persons desiring to be heard on behalf of others
at Council meetings must be placed on the official
agenda prepared by the Clerk. The portion of the
Council's agenda reserved for hearing of citizens
provides an opportunity for citizens to speak on
their own behalf alone.
3. Council reserves the right to place a time limit
on oral presentations of all persons to Council and
such time limit shall be within the sound discretion
of the Mayor.
ATTEST:
City Clerk.
Office of the City Clerk
April 4, 1990
File #2-215
Mr. Frank K. Saunders
Attorney
P. 0. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Saunders:
I am enclosing copy of Ordinance No. 29996-4290 authorizing the
Trustees of Roanoke Valley Worship Center Church of God to take
and hold more than fifteen acres of land in the City, subject to
certain terms and conditions. Ordinance No. 29996-4290 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, April 2, 1990.
/~-'N ~-.~ fi.Sincerely'
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pC:
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
The Honorable Gordon E. Peters, City Treasurer
Mr. W. Robert Herbert, City Manager
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Room456 MunicipalOuilding 215Church Avenue, S.W, Roanoke, Virginia 24011 (703)98t-2541
IN THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIA,
The 2nd day of April, 1990.
No. 29996-4290.
AN ORDINANCE authorizing the Trustees of Roanoke Valley Worship
Center Church of God to take and bold more than fifteen (15) acres
of land in the City, subject to certain terms and conditions, and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Trustees of Roanoke Valley Worship Center Church of
God are hereby authorized to take and hold in the City such lands
as are deemed necessary to locate, relocate or expand the Church's
facilities, such lands not to exceed a total of 22.76 acres, more
or less, which total shall include the properties presently owned
by the Trustees in the City, and all such lands shall be devoted
exclusively to such uses as are permitted by $57-12, Code of
Virginia
2.
municipal
ordinance
(1950), as amended.
In order to provide for the usual daily operation of the
government, an emergency is deemed to exist, and this
shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
April 2, 1990
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Roanoke Valley Worship Center
Church of God that an ordinance be adopted
authorizing the church to hold more than
fifteen acres of land in the City.
I. Background:
Request was made to City Council at its March 26,
1990, regular meeting. Mr. Frank W. Saunders,
attorney, presented the request on behalf of the
Trustees of the Roanoke Valley Worship Center
Church of God (attachment A).
Council action was to refer the matter to the City
Manager and City Attorney for study and
recommendation.
II. Current Situation:
Existing Droperty (attachments B and C) is
approximately 22.02 acres. Property consists of
three parcels; official tax no. 2770112 (.19 ac.),
official tax no. 6100717 (.64 ac.), and official
tax no. 6120615 (21.19 ac.). The combined parcels
are currently assessed at $279,500.
Roanoke Valley Worship Center Church of God has
been renting the property for approximately six
months. The Board of Trustees of the church has
contracted to purchase the property from the
current owner, Greenbrier Christian Academy, Inc.
(attachment D). Property was previously owned by
Shenandoah Baptist Bible College and Colonial
Baptist Bible College.
Roanoke City Council
Page 2
April 2, 1990
Church's current building plans are to make use of
the existing structures on the site. Any
additional construction on the property would be
subject to site plan review and approval.
III. Issues related to the church's request are as follows:
Legal - Section 57-12, Code of Virginia (1950), as
amended, prohibits a church from holding more than
fifteen (15) acres of land in a city unless the
governing body passes an ordinance allowing the
church to hold in excess of fifteen (15) acres
of land, not to exceed-fifty (50) acres of land
(see attachment E).
Land development potential relates to current
zoning and site conditions. Church's current lans
are not in conflict with proposed Peters Creek
Road Flood Reduction Project.
Impact on surrounding neighborhood is contingent
on current and future use of property.
Cost to the City should be viewed from a revenue
point of view.
Timing is important as it relates to the church's
purchase option.
IV. Alternatives as they relate to the church's request are
as follows:
City Council grant request by adopting the
attached ordinance.
Legal requirements of section 57-12, Code of
Virginia (1950), as amended, will be met.
2. Land development potential must be viewed in
terms of the following:
Zonin~ (RS-3 west of Peters Creek; C-i/
C-2 east of Peters Creek) will
accommodate the construction of single
family residential units on the rear
portion of the property and limited
office/retail development on the front
portion of the property adjacent to
Peach Tree Drive.
Site conditions that limit the full
development of the property are:
Roanoke City Council
Page 3
April 2, 1990
(1)
100 year flood plain covers the
entire front portion of the
property (attachment F) severely
restricting development potential
on this portion of the site.
(2)
Steep slopes along the southerly
and northerly property lines
severely limit the development
potential on these portions of the
site (attachment F).
Impact on neighborhood: Church development
would be compatible with the existing
residential neighborhood to the north and
mixed commercial development along Peters
Creek Road. Current quality of life would be
maintained.
4. Cost to the City should be viewed as follows:
(a) Current revenue from property is
$3,493.75 in property taxes.
(b)
Church, as property is intended to be
used solely for religious purposes, will
pay no property taxes.
(c)
New residential development permitted
under current zoning may potentially
yield $29,500+ in property taxes based
on the following very qeneral
assumptions.
(i)
5.0 acre development. 16.06 acres
subtracted from 22.06 acre tract
due to flood plains, steep slopes,
drainage concerns, needed streets,
curbs, gutters, sidewalk to serve
new residential lots.
(2) 43 building lots. Minimum 5,000
square foot lot requirements.
(3)
$55,000 average value of new homes
based on current market value of
adjacent properties.
Timing: Church's purchase option could be
jeopardized if request is carried over to a
later date.
Roanoke City Council
Page 4
April 2, 1990
B. City Council deny request.
Legal requirements of Section 57-12, Code of
Virginia (1950), as amended, will not be met.
Church will not be able to hold more than
fifteen (15) acres of land within the City of
Roanoke.
Land development potential for single family
development will still exist. Site
conditions that limit full development of the
property will still exist.
Impact on neighborhood: Vacant property and
acreage will continue to exist until
development occurs.
Cost to City will be nothing. Property will
continue to be taxed.
5. Timing would not be an issue.
V. Recommendation:
It is recommended that Council adopt alternative "A"
which is to grant the church's request. Adoption of
this alternative is consistent with Council's previous
actions on similar requests and is consistent with the
current and past use of the property.
ully submitted,
W. Robert Herbert
City Manager
WRH:mpf
attachments
cc: Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Commissioner of Revenue
Frank K. Saunders, Attorney
Reverend B. R. Mitchell
ATTACHMENT A
WooDs, l~oo,~s &
~.oe Fx~.~N~L~
982-4209
March 20, 1990
Mayor and Members of Council
of the City of Roanoke
Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia
Roanoke Valle~ Worship Center Church of God
Dear Mayor and Members of Council:
The Trustees of Roanoke Valley Worship Center Church of God,
a local congregation organized under the Church of God, State of
Virginia, have contracted to purchase from Greenbriar Christian
Academy, Inc., a Virginia corporation, property located in the
City of Roanoke, Virginia known as 1488 Peters Creek Road, N.W.,
the said property consisting of three parcels of land designated
on Tax Appraisal Maps of the City of Roanoke as Tax Numbers
2770112, 6100717 and 6120615, being contiguous tracts of land
owned by Greenbriar Christian Academy, Inc. and containing
approximately 22.76 acres. It is represented that these parcels
are not practically divisible, but have in the past been used as
one contiguous realty entity.
The Trustees of Roanoke Valley Worship Center have been
advised that under Code of Virginia Section 57-12 that church
trustees are limited at any one time to hold no more than fifteen
acres of land in a city, but that by ordinance the City Council
can authorize such trustees to take and hold in such city not
more than fifty acres of land under certain conditions set forth
in the Code section.
The Trustees in accordance with the provisions of Code of
Virginia Section 57-12 do represent to City Council that the
acreage to be purchased will be devoted exclusively and is pro-
posed, so long as it is held by the Trustees, to be subsequently
devoted exclusively to a church building, chapel, cemetery, offi-
Mayor, Members of Council
March 20, 1990
Page -2-
ces exclusively used for administrative purposes of the church,
Sunday-school building and playgrounds therefor and parking lots
for the convenience of those attending any of the foregoing and a
church manse, parsonage or rectory.
The trustees do respectfully request you to favorably con-
sider their request and to authorize by ordinance the Trustees of
Roanoke Valley Worship Center Church of God to acquire the lands
of Greenbriar Christian Academy, Inc. located in the City of
Roanoke, Virginia and containing approximately 22.76 acres for
use devoted to the purposes hereinabove specified.
FKS:sal
Respectfully submitted
WOODS, ROGERS & HAZLEGROVE
Attorneys for Trustees of Roanoke
Valley Worship Center Church of God
FRANK K. S~%UND~RS, Attorney
ATTACHMENT B
ATTACHMENT C
NS
4216 BRAMBLETON AVENUE, S.W. ROANOKE, VIRGINIA 24018
703-774-5555
ATTACHMENT D
March 21, 1990
Reverend Paul A. Davis
c/o Roanoke Valley Worship Center
P. 0. Box 5584
Roanoke, VA 24012
Dear Paul,
This me~orandu~a is to confirm n~ telephone conversation with you on Monday,
March 19, 1990 in reference to closing on your contract of sale with Greenbrier
f~lristian Academy dated August 18th, 1989. As per my telephone conversation of
the same date with Mr. Ron White, President of Greenbrier Christian, he has
asked me to relay to you that the rental credit as noted in the Possession by
Purchaser Agreement (Item #8) will only be given to you if-settlement takes place
by March 30th,o 1990. The settlezaent date as noted in the contract was Feb~nry 28th,
1990, and Mr. White has agreed to extend the closing date for thirty (30) days
frcm this date allowing the rental credit and six (6) mc~ths defennent of
mortgage payments as described in Item #3.c of the contract regarding financing.
Please call me if you have any questions concernJ_ng this. I will be in
contact with Mr. Frank Saunders of Woods, Rogers and Hazlegrove Law Firm to help
coordinate the closing.
Sincerely yours,
$. Ronald Owens, Broker
Owens & Co. of Va., Inc.
Enclosure
cc: Mr. H. Ron White
Reverend B. R. -~,itchell
SRO:bf
§ 57-1
RELIGIOUS AND CHARITABLE MA2TERS; CEMETERIES
Title 57.
Religious and Charitable Matters; Cemeteries.
ATTACHMENT E
CHAPTER 1.
RELIGIOUS FREEDOM.
§ 57-1. Act for religious freedom recited.
Law Review. Mary L. Rev. 119 (1986). For several articles
For article, "State Aid to
· ~,,s,,us-amnated on religion and the state, see 27 Wm. & Mary
Schools: A Political Analysis," see 28 Wm. & L. Rev. 833 -- 1109 (1987).
§ 57-2. Rights asserted therein reaffirmed.
Law Review.
For several articles on religion and the state,
see 27 Wm. & Mary L. Rev. 833 -- 1109 (1987).
to hold
Land
such fo~
city or
Noth
or tow~
provide
does no
1952, c.
308; 19
The 19
acres** for
first para
CHAPTER 2.
CHURCH PROPERTY; BENEVOLENT ASSOCIATIONS AND OBJECTS.
Article 2.
Property Held for Religious Purposes.
Sec.
57-12. Quantity of real and personal property
trastees may hold.
ARTICLE 2.
Property Held for Religious Purposes.
§ 57-12. Quantity of real and personal property trustees may hold. --
Such trustees shall not take or hold at any one time more than 15 acres of
land in a city or town, nor more than 250 acres outside of a city or town and
within the same county. The city or town council of any city or town may by
ordinance, however, authorize such trustees to take and hold in such city or
town not more than 50 acres of land at any one time if such acreage is to be
devoted exclusively, and is subsequently so devoted, to a church building,
chapel, cemetery, offices exclusively used for administrative purposes of the
church, a Sunday-school building and playgrounds therefor, and parking lots
for the convenience of those attending any of the foregoing, and a church
manse, parsonage or rectory; such trustees of a church diocese may take or
hold not more than 250 acres in any one county at any one time; and they
shall not take or hold money, securities or other personal property to the
extent that such taking or holding causes the money, securities or other
personal property held at the time of taking by such trustees to exceed in the
aggregate, exclusive of the books and furniture aforesaid, the sum of ten
million dollars. Where two or more religious congregations, churches or
religious societies shall merge or consolidate, such religious congregation:
church or religious society so merged or consolidated, shall have three years
Endowm
Sec.
57-35.1 th~
Contrac~
57-35.1L 1:
57-35.12. E
57-35.13. C
57-35.14.
57-35.15.
57-35.16
57-35.17. R*
57-35.18. Ur
57-35.19. Fil
57-35.20. Fi~
57-35.21. De
§ 57-1~
~ral articles
'm. & Mary
§ 57-12 CEMETERIES § 57-12
time within which to dispose of its land in excess of that which it is permitted
to hold under this section.
Land taken or held outside of a city or town shall always be considered ag
such for the purposes of this article although such land later becomes part of a
city or town through annexation or otherwise.
Nothing herein contained shall affect the validity o.f any land within a city
or town legally acquired by a church to be exclusively used for a church
manse, parsonage or rectory between June 30, 1954, and June 27, 1964,
providedthe total amount of land owned by a church within a city or town
does not exceed twenty acres. (Code 1919, § 43; 1926, p. 867; 1930, p. 687;
1952, c. 433; 1954, c. 309; 1958, c. 423; 1962, cc. 41,516; 1964, c. 493; 1966, c.
308; 1973, c. 515; 1984, c. 63; 1989, c. 200.)
The 1989 amendment substituted 'fiReen
acres" for "4 acres" in the first sentence of the
first paragraph.
hold. --
acres of
own and
may by
city or
is to be
~ilding,
; of the
~ng tots
church
take or
nd they
~ to the
)r other
d in the
~ of ten
·ches or
egation,
e years'
CHAPTER 3.
CEMETERIES.
Article 3.1.
Endowment Trusts for Perpetual Care.
Sec.
57-35.1 through 57-35.10. [Repealed.]
Article 3.2.
Perpetual Care Funds, Preneed Burial
Contracts and Consumer Protections.
57-35.11. Definitions.
57-35.12. Exemptions.
57-35.13. Certain representations unlawful;
perpetual care trust fund re-
quired.
57-35.14. Who may serve as trustee of perpet-
ual care trust fund.
57-35.15. Deposit in perpetual care trust fund
required upon sale of graves, etc.
57-35.16. Additional deposit not required upon
subsequent sale of same grave,
crypt or niche.
57-35.17. Recovery of original perpetual care
fund trust deposit.
5%35.18. Use of income from perpetual care
trust fund.
57-35.19. Financial records required.
57-35.20. Financial report and written assur-
ance required.
57-35.21. Deposit in preneed trust required
upon sale of property or services
Sec.
not to be delivered within 120
days.
57-35.22. Requirements for preneed burial
contracts.
57-35.23. Identification of specific funds.
57-35.24. Specific funds and income to remain
in preneed trust account; excep-
tion.
57-35.25. Disbursement of trust funds upon
performance of contract.
57-35.26. Seller required to keep records.
57-35.27. Financial report and written assur-
ance required.
57-35.28. Inclusion of property and services to
be delivered within 120 days.
57-35.29. Breach of contract by seller; trust to
be single purpose trust.
57-35.30. Trustee may rely on certifications
and affidavits.
57-35.31. Transfer of trust funds to another
Article 6.
141
ATTACHMENT F
Office of the City Clerk
April 4, 1990
File #178-236
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 29997-4290 authorizing a
certain real estate option to be entered into in connection with
the Home Purchase Assistance Program on real estate located at
903 Kellogg Avenue, N. E. Ordinance No. 29997-4290 was adopted
by the Council of the City of Roanoke at a regular meeting held
on Monday, April 2, 1990.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eric.
pC:
Mr. Herbert D. McBride, Executive Director, Roanoke
Redevelopment and Housing Authority, 2624 Salem Turnpike,
N. W., Roanoke, Virginia 24017
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
~r. H. Daniel Pollock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants Monitoring Administrator
Room 456 MunicipaIBuilding 215 Church Avenue, $.W. Roanoke, Virginia 24011 (70:1)981.2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of April, 1990.
No. 29997-4290.
AN ORDINANCE authorizing a certain real estate option to be
entered into in connection with the Home Purchase Assistance Pro-
gram, and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. That the City Manager be, and he is hereby authorized,
for and on behalf of the City, to execute a Real Estate Option on
real estate located at 903 Kellogg Avenue, N. E., as set out in
and attached to the City Manager's report dated April 2, 1990, a
copy of which is on file in the Office of the City Clerk, upon
approval of the form of the Option by the City Attorney, and upon
such other terms and conditions as are provided therein; and
2. That, in order to provide for the usual daily operation
of the municipal government, au emergency is deemed to exist, and
this ordinance shall be in full force and effect upon its
passage.
ATTEST:
City Clerk.
Roanoke, Virginia
April 2, 1990
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members o~ Council:
Subject: Execution of Real Estate Option at 903 Kellogg Avenue N. ~V. under
the Home Purchase Assistance Program.
I. Background
Application to the Virginia Department of Housing and Community
Development (DHCD) for the Single Family Rehabilitation and Energy
Conservation Loan Program was approved by City Council on December
19~ 1988.
Execution of Administrative Agreement with DHCD was authorized by
City Council on March 27, 1989, for a $ 300,000 allocation under the
Single-Family Rehabilitation and Energy Conservation Loan Program.
Co
$220~000 of the State's Single Family Rehabilitation and Energy
Conservation Loan Programs allocation is to be used in conjunction with
the Home Purchase Assistance Program. Funds provided from the State's
Program will be loaned for the rehabilitation of substandard houses
that are purchased through the Home Purchase Assistance Program, up to
$20,000 per house.
$240~000 in Community Development Block Grant (CDBG) funds, comprising
a 2 year cumulative appropriation, was allocated by Council to this
initiative on 3une 26, 1989, allowing the City to provide loans to low-
moderate income households agreeing to buy approximately 18-20 certain
identified substandard houses through the Home Purchase Assistance
Program. The Program to be administered jointly by the City and the
Roanoke Redevelopment and Housing Authority (RRHA) as outlined in the
City's current contract for services with RRHA.
City Council approved initial targeting of the Home Purchase Assistance
Program in Conservation Areas and Rehabilitation Districts within the
City's Southeast quadrant on December 4, 1989. The Program is now ready
to be implemented in subsequent areas.
April 2, 1990
· Page 2
II. Current Situation:
Co
Real Estate Options were selected as the best way to allow the City to
implement the Home Purchase Assistance Program. These Options define
the property owner's and the City's responsibilities under the Program,
establish a purchase price for the property, allow the City to access
the property and market the property for sale to qualifying low and
moderate income purchasers in the Program through assignment of the
Real Estate Option. This provides for a direct sale of the property
from the current owner to the purchaser selected through the Program.
The City will not exercise any Option and will not actually purchase
any property in the Program. Should the City be unable to find a buyer
for the property the Real Estate Option would be allowed to expire.
A Real Estate Option has been executed by the individual property
owners of a vacant single-family home located in a subsequent target
area. An Option for $i9,900 has been offered at 903 Kellogg Avenue N.~~.
(Attachment A).
Council authorization to the City Manager to execute Real Estate
Option (Attachment A) with the individual property owners is necessary to
allow this property to be marketed through the Program.
III.
Issues:
A. Effect on Housing Conditions.
B. Consistency with the Recommendations of the Housing Development
Strategic Plan Task Force.
C. Cost to the City.
D. Timing.
IV. Alternatives:
Ao
Authorize the City Manager to execute Real Estate Option at 903 Kellogg
Avenue N.~V. (Attachment A), to be approved as to form by the City
Attorney~ with individual property owners of this property selected for
the Home Purchase Assistance Program.
Effect on housing conditions will be positive, as a home-ownership
opportunity will be provided to low-moderate income households
in the Northwest Quadrant of the City. Benefits of this home-
ownership opportunity include:
April 2~ 1990
Page 3
A single-family home in the Northwest Quadrant will be
purchased, rehabilitated and occupied by a low - moderate
income household using these rehabilitation funds from the
State Program and purchase loans from the City.
Creation of homeownership opportunity will prevent conversion
of this home to a rental unit - which has been a recent trend
within the area.
2. Consistency with recommendations of the Housing Development
Strategic Plan Task Force will be met~ specifically:
Owner-occupancy of renovated houses (Goal 6, Objective Al
Activity l) - The Home Purchase Assistance Program is designed
to do this.
Continued homeownership (Goal 6, Objective B, Activity l) -
All recipients of loans under the Housing Purchase Assistance
Program will receive counseling and instruction in home main-
tenance~ repair~ etc.~ to facilitate long term homeownership.
Leveraging and recycling funds (Resources, Activity 5) - The
Program design uses CDBG funds already committed to gain the
use of State funds on very attractive terms. In addition, the
CDBG funds dedicated to the Home Purchase Assistance Program
will be repaid to the City over 10 - 15 years.
Cost to the City would be $1.00 per Option. Under separate sub-
sequent action Council will be asked to approve assignment of the
Option to qualifying purchasers under the Program and authorize
loaning CDBG funds for the purchase. Further;
The City will receive additional tax revenues and other benefits
from the rehabilitated property, and from increased values of
nearby properties.
b. Allocation of State funds will be utilized, taking maximum
advantage of available resources.
April 2, 1990
Page ~
4. Timing of Program implementation is critical, as authorization to
the City Manager to execute the Real Estate Option (Attachment A)
is necessary allow immediate marketing of the home to potential
purchasers. Purchasers must be identi£ied quickly to allow the City
to utilize the State's rehabilitation funding for this initiative.
Do not authorize the City Manager to execute Real Estate Option at
903 Kellogg Avenue~ N.W. (Attachment A)~ to be approved as to form
by the City Attorney, with individual property owners o£ this property
selected for the Home Purchase Assistance Program.
Effect on housing conditions will be negative~ as a homeownership
opportunity will not be provided to low - moderate income households
in the Northwest Quadrant of the City. Lost benefits ot this home-
ownership opportunity include:
A single-family house in the Northwest Quadrant will not be
purchased~ rehabilitated and occupied by a low - moderate income
household using these rehabilitation £unds from the State's
Program and purchase loans from the City.
Lost creation of a homeownership opportunity will not prevent
conversion o~ this home to a rental unit - which has been a
recent trend within the area.
Consistency with recommendations of the Housing Development Strategic
Plan ]'ask Force would not be met.
Cost to the City can be recognized as lost opportunity cost.
The City will not receive additional tax revenues and other
benefits from the rehabilitated property~ and from increased
values ot nearby property.
Allocation of State funds may not be utilized fully~ such that
some of the $300,000 allocated to the Program may be recaptured
by the State.
Timing of Program implementation is critical as lack of availability
of this property to the Program will prevent immediate marketing of
the house to potential buyers. Purchasers could not identified
quickly and State funding for the rehabilitation could be lost.
. April 2, 1990
Page 5
V. Recommendations:
Adopt Alternative A, thereby authorizing the City Manager to execute
Real Estate Option at 903 Kellogg Avenue N.W. (Attachment A), to be
approved as to form by the City Attorney, with individual property
owners of this property selected for the Home Purchase Assistance
Program.
Respectfully submitted,
City Manager
WRH:BC: (CR. 35, CR. 36)
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Administrator
Chief, Billings and Collections
Director, RRHA
REAL ESTATE OPTION
THIS REAL ESTATE OPTION (hereinafter referred to as
"Option"), made this 20th day of March , 1990, by and
between Russell G. Smith & 3anie E. Smith (hereinafter referred to as
"Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred
to as "Grantee").
'I/ I T N E S S E T H:
1. GRANT OF OPTION. For and in consideration of One
Dollar ($ 1.00 ), and other good and valuable consideration, the
receipt and sufiiciency oJ which is hereby acknowledged, Grantor gives
and §rants to Grantee, its successors and assigns, the excJusive,
assignable and irrevocab]e right and option to purchase the property,
more particuJarIy described in Section No. 2 of this Option, together
with all easements, rights and appurtenances attached thereto, and al!
improvements thereon (hereinafter reierred to as "Rea] Estate"). By
giving and granting this Option to Grantee, Grantor certifies that
Grantor, and only Grantor, owns the Real Estate in Jee sio.mple.
follows:
DESCRIPTION OF REAL ESTATE. The Real Estate is described as
903 Kellogg Avenue N.
A parcel in the City oi Roanoke, Virginia,
City of Roanoke Oificial Tax No. 2030222 ,
consisting of approximately .16~ acres,
more particularly described on the map
attached hereto, labeled Exhibit A, and
incorporated by reference herein, together
with all easements, rights o~ way, water
rights, appurtenances and improvements
thereto belonging, the legal description
ior which is Lot #7~ 48, & ~9 , Block__
Map Shadeland.
3. TERM OF OPTION. This Option shall commence on the date and at
the time of execution of this Option by Grantor and Grantee. This
Option shah expire at 11:59 p.m., on June 20 , 1990, unless
earlier exercised or terminated by Grantee.
4. EXERCISE OF OPTION. This Option shall be deemed validly
and effectively exercised if notice of the exercise hereof is either
sent by certified mail to Grantor at 1942 Fairhope Road N. ~. Roanoke,
Virginia 24017 , or delivered in person to Grantor, on or before
the expiration date and time of this Option. Notice of such exercise
which is given by certified mail shall be deemed effective when depo-
sited in the mail as aforesaid. For the period that this Option is
effective, neither Grantor nor Grantor's employees, agents, tenants or
representatives shall use or alter the Real Estate in a manner which
would adversely affect its use by Grantee, and Grantor shall not sell,
encumber, or otherwise transfer or dispose of the Real Estate to any
other party. /he exercise of this Option shall result in Grantor
selling and conveying the Real Estate to Grantee, and Grantee purchas-
ing and accepting the Real Estate from Grantor, for the ~fi~ount of
the Purchase Price, subject to the terms and conditions contained in
this Option. Grantee reserves for it and its successors and assigns
the right to terminate this Option at any time for cause or no cause
at all, either before or after the assignment of this Option.
5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise
this Option, Grantor shall have no rights or claims against Grantee.
6. INSURANCE. Upon execution of this Option, Grantor shall
maintain general liability insurance on the real estate during the
- 2 -
term of this Option, or any extension of said term, in an amount of
$300 ~ 000 . 00 , and shall supply Grantee with a Certificate of
Insurance, demonstrating that Grantee is a named insured on the policy
of general liability insurance.
7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the
execution of this Option by Grantor and Grantee, and either before or
after the exercise of this Option by Grantee, Grantee, or its agents
or ~mployees, may enter upon the Real Estate and perform all sur-
veying, engineering, soil borings, appraisals, estimates of repairs
and other tests and acts deemed necessary by Grantee to satisfy
Grantee that the Rea] Estate is suitable for the uses and purposes
intended by Grantee and is suitable for the Home Purchase Assistance
Program (hereinafter referred to as the "Program"). All such tests
and acts shall be performed at reasonable hours and at Grantee's cost
and expense. In addition, Grantee shall be entitled to publicize
the Real Estate for sale, endeavor to identify a purchaser for the
Real Estate, place a "For Sale" sign on the Real Estate, show the
property to prospective purchasers, and take other reasona61e and
appropriate action deemed necessary by the Grantee to sell the Real
Estate. Under no circumstances shall this section create any rights
in the Grantor or impose any obligations upon the Grantee.
g. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real
Estate and adjoining sidewalks and walkways in a safe and attractive
manner during the term of this Option, and in the event of the exer-
cise o[ this Option, until the date of closing.
- 3 -
9. RISK OF LOSS. Grantor shall bear any risk of loss of the
Real Estate during the term of this Option, or, in the event of the
exercise of this Option, until the date of closing.
10. ASSIGNMENT. Grantee may assign this Option by written noti-
fication to Grantor. Grantor shali not assign this Option, unless
approved in writing by Grantee, and Grantee's approval of such an
assignment may be withheld for any reason or no reason at all. If
the,,Grantor assigns this Option, all references in this Option to
the Grantor shall apply to the assignee. If the Grantee assigns this
Option, all references in this Option to the Grantee shall apply to
the assignee. In the event of an assignment by either the Grantor or
the Grantee, no claim may be asserted against the assignor based upon,
arising out of, or related to this Option.
11. PURCHASE PRICE. The purchase price for the Real Estate shall
be Nineteen Thousand Nine-Hundred and NO/100 DOLLARS ($19,900.00).
12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real
Estate shall be payable at closing.
13. CLOSING. If this Option is exercised, closing of the sale
of the Real Estate shall be held within sixty (60) days of the date
on which Grantor receives notice of Grantee's exercise of this Option,
or as soon thereafter as may be practically possible. Closing shall
be held in Room 170, Municipal Building, 215 Church Avenue, Roanoke,
Virginia, or at some other location selected by the City and mutually
satisfactory to the parties. At closing, Grantor shall execute,
acknowledge, and deliver to Grantee, a general warranty deed,
with modern English covenants of title, in form satisfactory and
acceptable to the Grantee, conveying the Real Estate to Grantee,
free and dear of all liens, tenancies, encumbrances, material
defects, and exceptions, other than current taxes, and any other
matters that may have been approved by Grantee in writing after
examination of title. Said deed shall be prepared at Grantor's
expense. Grantor shall pay grantor's tax, and all documentary,
transfer, and excise taxes imposed upon that conveyance. Grantor
shall execute and deliver a non-foreign affidavit to Grantee at
closing in the form required by Section 1~5 of the Internal Revenue
Code) otherwise, Grantee will withhold a portion of the Purchase Price
and remit the same to the Internal Revenue Services for the account of
Grantor as required by law. Grantor also shall execute, acknowledge,
and deliver any of the instruments, documents, and assurances required
or requested by Grantee or a title insurance company in order to con-
summate this transaction and effect the conveyance of the Real Estate
to Grantee as herein provided, including, without limitatio.n., a yen-
dot's affidavit in form satisfactory and acceptable to Grantee's coun-
sel. Possession of the Real Estate shall be delivered to Grantee at
the closing, in the same condition as it now is, ordinary wear and
tear only excepted, free and dear of the rights or claims of any
other party. Ail warranties and representations of Grantor, and any
covenants and obligations of Grantor hereunder which remain unper-
formed upon closing, shall survive the closing.
- 5-
1#. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option
notwithstanding, should Grantee be unable or unwilling for any reason
to close on the sale of the Real Estate, including being determined
ineligible for the Home Purchase Assistance Program by the Virginia
Housing Development Authority, after the exercise of this Option,
this Option shah terminate without any liability incurred by Grantee,
Grantee's assigns, successors, administrators, executors, officers,
agents, employees, or any and all of Grantee's predecessors in inte-
rest of this Option, if any.
15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close
on the sale of the Real Estate for any reason, Grantor shah pay
Grantee and its assigns, and all of Grantee's predecessors in inte-
rest of this Option, if any, all costs incurred, including costs
incurred in the arrangement of the rehabilitation and financing for
the sale of the Rea[ Estate.
16. INDEMNITY. Grantor shall indemnify and hold Grantee,
its ofiicers, agents, employees, successors, assigns, execu.t, ors
and administrators, and any and all of Grantee's predecessors in
interest of this Option, if any, harmless from any and all claims,
damages, losses, expenses~ costs and attorney fees, as a result
of, arising out of, or relating to the performance by Grantee under
this Option.
17. TAXES. At closing, Grantor shall be responsible for and
pay all real estate taxes upon the subject Real Estate to be'pro-
rated as of the Date oi Closing.
- 6-
18. SUCCESSORS. The parties agree and fully Qnderstand
that this Option shall be binding upon the parties, their heirs,
successors, assigns, executors and administrators.
19. ENTIRE AGREEMENT. This Option contains and constitutes
the entire agreement of the parties regarding the subject matter
hereof, and there are no other agreements, written or oral, between
the parties affecting the subject matter hereof. No amendment of
this, Option shall be effective unless the same is made in writing and
signed by the parties hereto.
20. THIRD PARTY. This Option creates no rights in any party,
except Grantor and Grantee.
21. DEYERMINAYIONS~ FINDINGS AND CONCLUSIONS. All determina-
tions, findings and conclusions made by Grantee under this Option
shah be made in the sole and absolute discretion of Grantee, and
Grantor shall have no rights, claims or causes of action against
Grantee, its officers, agents, employees, successors, assigns, exe-
cutors and administrators, and any and all of Grantee's pre~decessors
in interest of this Option, if any, for Grantee's determinations,
findings and conclusions.
22. NOTICES. Notice of exercise of this Option shall be given
in the form attached as Exhibit tB and in the manner set forth in this
Option. All other notices, requests or other correspondence relating
to this Option shall be sent by certified mail, postage prepaid, by
each party to the other party hereto at the addresses specified below
or at such other address as a party may by written notice give as the
- 7 -
address to which such future notices, requests and correspondence
shall be sent hereunder:
GRANTOR:
Russell G. Smith
3anie E. Smith
19t~2 Fairhope Road NW
Roanoke, Virginia 2t~017
GRANTEE: W. Robert Herbert, City Manager
City of Roanoke
36t~ Municipal Building
Roanoke, Virginia 2t~01t
, w/copy to: Ronald 14. Miller, Building Commissioner/
Zoning Administrator, City oi Roanoke
Room 170, Municipal Building
Roanoke, Virginia 2t~011
23. CONSTRUCTION. The interpretation, construction, and
performance of this Option shall be governed by the laws of the
Commonwealth of Virginia. All headings of sections of this Option
are inserted for convenience only, and do not form part of this Option
or limit, expand, or otherwise alter the meaning of any provisions
hereof. This Option shall be executed in duplicate, each of which
shall be deemed to be an original. This Option shall be construed
without regard to any presumption or rule requiring construction
against the party causing the Option to be drafted.
2t~. RECORDING. This Option shall be recorded in the land
records of the Office of the Clerk of the Circuit Court of the
City of Roanoke.
EXECUTED and DELIVERED by Grantor and accepte~t by Grantee as
of this 20th day of March , 1990 .
G RA~'FOR:
/ (SEAL)
ATTEST:
GRANTEE:
CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By
Robert Herbert, City Manager
COMMONWEALTH OF VIRGINIA
) To-wit:
City of Roanoke )
I hereby certify that the foregoing Real Estate Option Agree-
ment was acknowledged before me by Russell G. Smith and
3anie E. Smith ~ this 20 day of March ~ 1990.
My Commission expires: January 29, 1993
COMMONWEALTH OF VIRGINIA
)
CITY OF ROANOKE )
To-wit:
I hereby certify that the foregoing Real Estate Option Agreement
was acknowledged before me by ~/. ROBERT HERBERT and MARY F. PARKER,
City Manager and City Clerk, respectively, of the CITY OF ROANOKE,
VIRGINIA, on behalf of that municipal corporation, this __ day of
~ 1990.
My Commission expires:
Notary Public
-9-
Il !~ill!l
Office of the City Clerk
April 4, 1990
File #60-468B
Mr. Joel M. $chlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29999-4290 amending and
reordaining certain sections of the 1989-90 Water Fund
Appropriations, providing for the transfer of $230,000.00 from
Retained Earnings Unrestricted, to Water-Operating, Utility
Line Services, provide funds for normal maintenance of the City's
water system for the remainder of fiscal year 1989-90. Ordinance
No. 29999-4290 was adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, April 2, 1990.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pc: Mr.
W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. M. Craig Sluss, ,Manager, Water Department
Ms. Arcelia B. Hasten, Junior Accountant, Office
Management and Budget
of
Room 456 Municipal Building 215 Church Avenue, S.W. Roanol~e, Virginia 24011 (703) 981-2541
IN THE COD'NCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of April, 1990.
No. 29999-4290.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Water Fund Appropriations, and providing for an
emergency.
W~EREAS, 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 1989-90 Water Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Water - Operating (1) .............................
Retained Earnings
Retained Earnings - Unrestricted (2) ..............
1) Utility Line
Services
2) Retained Earnings
Unrestricted
(002-056-2160-7020) $ 230,000
(002-3336) (230,000)
BE IT FURTHER ORDAINED that, an emergency
Ordinance shall be in effect from its passage.
$ 1,726,012
$15,458,705
existing, this
ATTEST:
City Clerk.
Roanoke, Virginia
April 2, 1990
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Water Fund Appropriations for Internal Services -
Utility Line Services
The attached staff report was considered by the Water Resources
Committee at its meeting on March 26, 1990. The Con~nittee recommends
that Council authorize the appropriation of $230,000 from the Water
Fund retained earnings to Water Department Account No. 002-056-2160-7020
- Internal Services-Utility Line Services.
Respectfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
cC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Water Department
INTERDEPARTMENT COMMUNICATION
DATE: March 26, 1990
TO: Mrs. Bowles and Members, Water Resources Committee thru
Mr. H~rber ~r~
FROH: K. B. K±ser
Subject: Water Fund Appropriations for Internal Services -
Utility Line Services
I. Background:
II.
City Council approved funds in the FY89-90 Budget in the amount
of $750,000.00 for Water Fund Account 002-056-2160-7020, Utility
Line Services. This was an estimate of funds needed to cover
the cost for normal maintenance of water lines, hydrants,
services, meters, valves, water plant valves, filters, piping,
water service turn-ons, turn-offs, investigations, cleaning
basins, sludge lagoons and unloading chemicals.
These services are provided by the Utility Line Services Depart-
ment chargeable to the Water Fund under Internal Services charging
rates and procedures.
Current Situation:
February 28, 1990 Water Fund Account Utility Line Services shows
expenditures of $692,042.81 and a balance of $57,957.19. The
high expenditure rate has resulted from increased repairs to
water lines and services damaged by the extensive storm drain
projects, curb, gutter and sidewalk projects and the cold winter
with wide temperature fluctuations causing 44 line breaks in
one 14-day period.
Appropriation of $230,000.00 from Water Fund retained earnings is
needed to provide necessary funding for Internal Services-Utility
Line Services 002-056-2160-7020 through June 30, 1990 based on
best available estimate of the spending rate for maintenance
during that period.
III. Issues in order of priority are:
A. Need.
B. Funding.
C. Timing.
Page 2
IV.
Alternatives:
A. Council authorize the appropriation of $230,000.00 from the Water
Fund retained earnings to Water Department Account No.
002-056-2160-7020.
1. Need for the funding to cover required maintenance of the
water system will be met.
2. Funding is available in Water Fund retained earnings.
3. Timing of funds requirement through the current fiscal year
will be met.
B. Council not authorize the appropriation of $230,000.00 from the
Water Fund retained earnings to Water Department Account No.
002-056-2160-7020.
1. Need for funding would not be met.
2. Funding source would not matter.
3. Timing of funds requirement through the current fiscal year
would not be met and water system maintenance would have to
be delayed.
Reconnnendation:
Implement Alternative "A" by appropriating $230,000.00 from Water Fund
retained earnings to Water Department Account No. 002-056-2160-7020 -
Internal Services-Utility Line Services.
KBK:MCS:je
cc: City Attorney
Director of Finance
Office of the City C~erk
April 4, 1990
File #60-27
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30000-4290 amending and
reordaining certain sections of the 1989-90 Sewage Fund
Appropriations, providing for the transfer of $75,000.00 and
$150,000.00 to provide funds for the purchase of energy and che-
micals for the Water Pollution Control Plant for the remainder of
fiscal year 1989-90. Ordinance No. 30000-4290 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, April 2, 1990.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
pc: Mr. W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Steven L. Walker, Manager, Sewage Treatment Plant
Ms. Arcelia B. Haston, Junior Accountant, Office
Management and Budget
of
Room456 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of April, 1990.
No. 30000-4290.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Sewage Fund Appropriations, and providing for an
emergency.
WHEREAS, for
Government of the
exist.
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
sections of the 1989-90 Sewage Fund
same are hereby, amended and
in part:
THEREFORE,
Roanoke that certain
Appropriations, be, and the
reordained to read as follows,
Appropriations
Sewage Administration
Contractual Services (1) ...........................
Sewage Maintenance
Other Charges (2)
Sewage Operations ..................................
Other Charges (3-4) ................................
$ 1,941,274
1,290,296
869,103
563,422
2,106,328
1,309,262
1) Fees for Professional
Services (003-056-3150-2010) $(150,000)
2) Maintenance Equipment (003-056-3155-2048) (75,000)
3) Natural Gas (003-056-3160-2024) 75,000
4) Chemicals (003-056-3160-2045) 150,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
April 2, 1990
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Transfer of Funds - Water Pollution Control Plant
The attached staff report was considered by the Water Resources
Committee at its meeting on March 26, 1990. The Committee recommends
that Council authorize a transfer of $75,000 from STP Maintenance
Account No. 003-056-3155-2048 to Energy Account No. 003-056-3160-2024
and $150,000 from Fees for Professional Services Account No. 003-056-
3150-2010 to Chemical Account No. 003-056-3160-2045.
Respectfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Sewage Treatment Plant
IN'r~,F,I)EI~AI{{ { C4%~ON
DATE:
TO:
FR(~4:
March 26, 1990
Chairman and Members, Water Resources Conunittee
K. B. Kiser thru V~t Herbert
SUBJECT: Transfer of Funds - Water Pollution Control Plant
I. Backsround:
A. Flows have increased at the plant by infiltration and inflow
of rainwater in the sewer system.
B. Rainfall reached record levels in 1989.
C. Chemicals are fed proportionally to the flow at the plant.
D. Energy usage increases proportionally to the flow; i.e. more
water to be pumped.
II. Current Situation:
A. Chemicals and enerKy accounts were funded for average flows
and are under-funded due to high flows.
B. Funds need to be transferred into these accounts to ensure
treatment for the rest of FY 89-90.
III. Issues in order of importance:
A. Need
B. Funds
C. TiminK
IV. Alternatives:
A. Committee recommend that City Council authorizm a transfer of
$75,000 from STP Maintenance Account No. 003-056-3155-2048 to
Energy Account No. 003-056-3160-2024 and $150~000 from Fees
for Professional Services Account No. 003-056-3150-2010 to
Chemical Account No. 003-056-3160-2045.
1. Need of enough funds to purchase energy and chemicals
will be met.
Page 2
Funds are available in Sewer Fund Maintenance Account No.
003-056-315542048 - $75~000 and Fees for Professional
Services Account No. 003-056-3150-2010 - $150~000.
Timin~ is important as to ensure continued funds for the
purchase of energy and chemicals.
B. Con~nittee recommend that Council not authorize a transfer of
funds.
Need for proper funds to purchase energy and chemicals
will not be met.
2. Funds is a moot issue.
3. TiminK is a moot issue.
Recommendation: Committee recommend that City Council concur
with Alternative "A" authorizing a $75,000 transfer from STP
Account No. 003-056-3155-2048 to Account No. 003-056-3160-2024; and
$150,000 from Account No. 003-056-3150-2010 to Account No.
003-056-3160-2045.
KBK:SLW:afm
CC:
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Sewage Treatment Plant
Office of the City Clerk
April 4, 1990
File #91-467
~r. Wilburn C. Dibling,
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
Your attention is called to a communication from Mr. Richard W.
Robers, Chairman, Roanoke County Board of Supervisors, under date
of March 14, 1990, requesting that Council consider certain modi-
fications to the proposed Consolidation Agreement between Roanoke
City and Roanoke County in connection with composition of the
School Board for the proposed Roanoke Metropolitan Government.
At the regular meeting of the Council on Monday, April 2, 1990,
Council unanimously voted to add to the proposed School Board one
additional member from the territory of the former County or the
territory of the former City, whichever has the greater school
census, and one additional member from the Town of Vinton. Also,
you were instructed to seek amendment of the proposed Charter for
RMG with respect to the above modification.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc:
The Honorable Beverly T. Fitzpatrick,
Consolidation Negotiating Team
The Honorable Howard E. Musser, Member,
Negotiating Team
Mr. W. Robert Herbert, City Manager
Mr. Joel M. Schlanger, Director of Finance
Jr. , Member,
Consolidation
Room456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, virginia 2a011 (703) 981-2541
A Beauti[ulBeginning
COUNTY ADMINISTRATOR
ELMER C HODGE
The Honorable Noel C.
City of Roanoke
215 Church Avenue
Roanoke, Va. 24011
March 14, 1990
Taylor, Mayor
1979
1989
BOARD OF SUPERVISORS
RICHARD W. ROBERS. CHAIRMAN
S'rEVEN A. MCGRAw, VICE-CHAIRMAN
LEE B. EDDY
Dear Mayor Taylor:
At our meeting on March 13, 1990, the Roanoke County Board of
Supervisors voted favorably to forward the attached letter
requesting that the RoaDoke City Council consider certain
modifications to the proposed consolidation agreement between
Roanoke County and Roanoke City. The motion passed by a 3-2 vote,
with Supervisors Johnson and Nickens dissenting.
Because of the importance of these issues to the citizens of
Roanoke County, I hope that yo%% will respond to my letter by Retch
31, 1990. If you feel thesm modifications should be discussed iD
a joint meeting between the County Board and City Council, pleaue
let l~e know so a meeting may be scheduled.
I look forward to your response.
, Chairman
Roa.~o~e
County Boar.~ of Supervisors
P.O, BOX 29800 ,, ROANOKE, VIRGINIA 24018-0798 - (703) 772-2004
A BeautifulBeginning
COUNTY ADMINISTRATOR
ELMER C. HODGE
March 13, 1990
1979
1989
BOARD OF SUPERVISORS
RICHARD W. ROBE:RS. CHAJRMAN
STEVEN A. MCGRAW. VICE-CHAIRMAN
LEE B. EDDY
BOB L JOHNBON
HARRY C. NICKENS
The Honorable Noel C. Taylor, Mayor
City of Roanoke
215 Church Avenue
Roanoke, Va. 24011
Dear Mayor Taylor:
The Roanoke County Board of Supervisors requests that the Roanoke
City Council consider the followil%g suggestions for modifying.the
recent agreement presented to the Circuit Court judges regarding
the matter of the consolidation of our two governments.
Our reasoning for suggesting these modifications is as follows:
The negotiated document upon which we agreed is a good document
resulting from the give and take of many months of negotiations and
we commend the negotiators from both the City and the County. The
matter of consolidation, however, is very complex and touches
certain issues that are very important to certain specific
individuals and groups of people. These people will be affected
by the outcome of our most important vote relating to the issue of
consclidation. ~urin~ the public meetings on the agreement, many
specific issues were brought forward by County residents.
We are now at the point where the perspective of the entire Board
of Supervisors and the entire City Council can be used to modify
our agreement with the hope of better satisfying =he needs of these
citizen groups, should consolidation be approved by the voters.
No doubt there will be opposition to the agreement, even if
modified by all or some of thsse suggested changes. However, we
have identified three areas which seem to have caused the most
vocal opposition to the agreement. We therefore make these
suggestions for modification because most opposition to the current
plan was voiced by specific groups of County residents as they
relate to three specific issues.
P.O. BOX 29800 - ROANOKE, VIRGINIA 24018-0798 · (703) 772-2004
Mayor Taylor
Page 2
March 13, 1990
We ask that you seriously consider our suggested modifications to
the agreement unless you can explain how such modifications might
adversely impact the new RMG if approved by the voters.
Again, our reason for these proposed modifications is to make the
agreement acceptable to a larger percentage of County residents.
Our suggested modifications:
Include an equal amount of members from both the current
City and County on the ~MG School Board with the
provision of a Court appointed tie breaker.
Modify the service district concept to revise district
boundaries based upon function needs and availability of
public utilities, establish guidelines for the creation
of such districts, provide for a citizen petition
process, revise the tax rate differential, adjust the
pro-forma budgets, and amend the election district
boundaries crossing the old City-County boundaries and
including a mix of urban and rural interests.
Citizens in west Roanoke County (Catawba Magisterial
District and expansion by the City of Salem) and in east
Roanoke County (expansion by the Town of Vinton) should
have a vote to decide their future and their form of
government. This would allow a subsequent referendum for
the residents in west Roanoke County and east Roanoke
County if consolidation is approved.
Should you wish to discuss this matter of modification to the
agreement we will be glad to work with you in scheduling a joint
session for that purpose. If agreement is reached on these
modifications, we look forward to Jointly submitting same to the
judges considering this matter.
RWR/mha
Richard W. Robers, Chairman
Roanoke County Board of Supervisors
CHARLES R. HILL
Mayor
TOWN OF VINTON
P.O. BOX 33~
VINTON, VIRGINIA 24179
Ma~ch 9, 1990
Councilmen
ROBERT ALTICE
DONALD L. DAVIS
RAY G. McCARTY, JR.
W. RAY SANDIFER
The Honorable Noel C. Taylor, Mayor
City of Roanoke
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear Mayc~ Taylor:
On this date, I received a copy of the proposed letter ~dvanced dated March
13, 1990, to The Honorable Noel C. Taylor fr~mChairman of the Roanoke County
Board of Supervisors, Richard Rabers.
It is the position of the Town Council of Vintonthat the ConsolidationAgree-
ment as approved bytheCityCouncil of Roanoke and the Board of Supervisors
of Roanoke County, and presented to the Circuit Court of each jurisdiction is
the official document governing how consolidation shall occur if approved by
referendum in Novefl~er of this year. It is Vinton Town Council's request that
the City Council not unilaterally concede to amending an agreement that af-
fects the Town of Vinton. This precipitous action o~ behalf of the City and
County wauld raise serious concern as to Roanoke City's and Roanoke County's
intention as it relates to the Town of Vinton.
The Town of Vinton has attempted in good faith to wc~kwithintheparam~ters
identified by the Board of Supervisors of Roanoke County and Council of
Roanoke City to see that the best interests of the Roanoke Valley are ad-
dressed. For the Council to undertake the change of this agreement could re-
sult in serious consequences that may jeopardize the harmony of the Roanoke
Valley for years to ctxne.
Our concerns are al~oheingaddressedtotheCoanty, as it applies totheTown
of Vinton and as it relates to Exhibit D, which is an attachment to that
Consolidation Agreement. It is the request of the Vinton Town Cauncil that
Roanoke City Council continue to honor our agreement as identified in Roanoke
City ResolutionNo. 299-39-22090of February20, 1990.
Cl~I/cr
Sincerely,
(~mrles R. Hill
Mayor