HomeMy WebLinkAboutCouncil Actions 01-26-87SPECIAL
SESSION ...... ROANOKE CITY
January 26, 1987
12:00 noon
AGENDA FOR THE COUNCIL
COUNCIL
2.
3.
4.
5.
6.
Call to Order.
Roll Call.
Invocation.
The Pledge of Allegiance to the Flag of
of America.
Statement of Purpose. Mayor Taylor.
Adjournment.
the United States
January 23, 1987
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, this is to
advise you that there will be a special meeting of Council on
Monday, January 26, 1987, at 12:00 noon in the City Council
Chamber. The purpose of the meeting is to discuss and consider
the terms and conditions of a proposed contract.
Sincerely,
NCT:se
cc: Mr.
Noel C. Taylor
Mayor
W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mrs. Mary F. Parker, City Clerk
Mr. William L. Brogan, Municipal Auditor
Mr. Von W. Moody, III, Director of Real Estate
Valuation
28509
Bow~ )
REGULAR WEEKLY
SESSION ...... ROANOKE
January 26, 1987
2:00 p.m.
AGENDA FOR THE COUNCIL
CITY COUNCIL
Call to Order -- Roll Call· ~ pre~e~,t.
The invocation will be delivered by -T~e--~R~e~n~$--Ge~
~a§~l>e~.~-e~---j~-.-,--- P~ s~-r-r---l~$e-tq~----S-t-~ee-t---~q-~---e-f---~4~-e-
B~e~q~e~-.-- Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Vice-Mayor Howard E. Musser.
Presentation of the Distinguished Budget Preparation Award.
( De f
BID OPENINGS
Bids for a Fire Suppression System, Halon 1301
Computer Room in Municipal North. One bi~ w~ relied to a
committee composed of A~srs, Garland, Cha~an, Cl~k and Kx~.
PUBLIC HEARINGS
Public hearing on the request of The Imaging Center of
Southwest Virginia, Inc., that a Resolution be adopted
supporting the exemption from taxation of its property
located on the east side of Jefferson Street northeast
of its intersection with Marion Street, pursuant to
Section 30-19.04, Code of Virginia (1950), as amended·
Mr. James F. Douthat, Attorney. A~op~ ~olu, t. iom No. ~8509
(4-0, M~. Bowl~, Mr. G~land and Mayor Taylor abstaining).
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 ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
(1)
C-1
C-2
A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and com-
mittees appointed by Council, pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss personnel mat-
ters relating to vacancies on various
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended.
A report of the City Manager with regard to the noise
contour study at Roanoke Regional Airport, Woodrum Field.
RECOMMENDED ACTION: Receive and file.
None.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters:
Petitions and Communications:
a. A communication from the Roanoke City School Board
requesting appropriation of $120,000.00 for the Alternative
Education Program for lg87, and $6,880.00 for the 29th
Virginia Regional Spring Science Fair. Adopted Ordinance No.
2~5~0 (7-0).
Reports of Officers:
a. City Manager:
Briefings: None.
Items Recommended for Action:
A report with regard to the request of Harrison
Heritage and Cultural Center, Inc., and TAP for
operating funds· Adopted Ordinance No. 28511 (7-0).
b. City Attorney:
A report transmitting a Resolution opposing proposed
legislation which would change the timing of municipal
elections. Adopted R~olu~tion No. 28512 (7-0}.
(2)
10.
City Clerk:
1. (a)
A report advising of the expiration of the three
year terms of William White, Sr., and Sallye T.
Coleman as School Board Trustees on June 30, 1987,
and that applications for the upcoming vacancies
will be received in the City Clerk's Office until
5:00 p.m., on Tuesday, March 10, 1987. Received and
filed.
Reports
(b) A report requesting that certain dates be
established in connection with the selection pro-
cess for School Board Trustees.(1) triarch 16 - 4:00 p.m.
121 M~ch 23 - 2:00 p.m. (3) April 6 - 2:00 p.m. (4) April 13 -
of Committees: 17:30 porn. (5) April 16 - 7:00 p.m. (6) May 4 - 2:00 p.m.
A report of the City Planning Commission recommending that
the new park constructed on the site of the former West End
Elementary School be named West End Park and that a
suitable plaque be erected in the park recognizing the
efforts of the Mountain View Neighborhood Alliance. Mrs.
Susan S. Goode, Chairman· Adopted R~olu~tion No. 28513 (7-0),
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolut ons:
a. Ordinance No. 28506, on second reading, authorizing the
execution of a Lease and Operating Agreement with Air
Transport Associates, Inc., t/a Air Transport Associates.
Adopted Ordinance No. 28506 (7-0).
Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and members of City
Council.
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
Other Hearings of Citizens:
Appointed Ho~e~e Ruddick to the Mental Health Servic~ Bo~d.
(3)
Office of the Cl~y C3efl¢
January 27, 1987
File #79
Mr. James F. Douthat
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Douthat:
I am enclosing copy of Resolution No. 28509, supporting tax
exemption of certain property owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Munlcil:~al Building 915 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-254t
January 28, 1987
File #79-137
Mr. Jerome S. Howard, Jr.
Commissioner of Revenue
Roanoke, Virginia
Mr. Gordon E. Peters
City Treasurer
Roanoke, Virginia
Gentlemen:
I am attaching copy of Resolution No. 28509, supporting tax
exemption of certain property owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William L. Brogan, Municipal Auditor
Mr. Von W. Moody, III, Director of Real Estate Valuation
Room 456 Municipal Building 2'~5 C~hurdn A'~-,nue, S.W. Roonc~e, Virginia 2401 t (703) 981-2541
January 28, 1987
File #79-137
The Honorable J. Granger Macfarlane
Member, Senate of Virginia
Room 382, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Senator Macfarlane:
I am enclosing copy of Resolution No. 28509, supporting tax
exemption of certain property owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
E~c.
Room 456 Municipal Building 215 (~urch A'~nue, $.W. ~, Virginia 24011 (703) 981-2541
Office of the City Oe~
January 28, 1987
File #79-137
The Honorable A. Victor Thomas
Member, House of Delegates
Room 814, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Delegate Thomas:
I am enclosing copy of Resolution No. 28509, supporting tax
exemption of certain ~roperty owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Municipal Building 215 (~urch Avenue, S.W. P, oanoke, Virginia 2401 t (703) 981-2541
Office c~ the Cl~y aen~
January 28, 1987
File #79-137
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
Room 810, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Delegate Woodrum:
I am enclosing copy of Resolution No. 28509, supporting tax
exemption of certain property owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of t~e City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Municipal Building 2~ 50nurch A',~,~ue, 5.W. Roanoke, Virginia 2401t (703) 981-2541
January 28, 1987
File #79-137
The Honorable J. T. Shropshire
Clerk of the Senate
General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Mr. Shropshire:
I am enclosing copy of Resolution No. 28509, supporting tax
exemption of certain property owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Roo~n 456 Municipal Building 215 (~urch Avenue, S.W. Roanc~e, Virginia 24011 (703) 98t-254t
January 28, 1987
File #79-137
The Honorable Joseph H. Holleman, Jr.
Clerk of the House of Delegates
General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Oear Mr. Holleman:
I am enclosing copy of Resolution No. 28509, supporting tax
exemption of certain property owned by Imaging Center of
Southwest Virginia, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between
Imaging Center of Southwest Virginia, Inc., and this City,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 26, 1987.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Municipal Building 2t5 (~urch Avenue, S.W. Roonoke, Virginia 2401 t (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th day of January, 1987.
VIRGINIA,
No. 28509.
A RESOLUTION supporting tax exemption of certain property owned by
Imaging Center of Southwest Virginia, Inc., in the City of Roanoke used
by it exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between Imaging
Center of Southwest Virginia. Inc., and this City.
WHEREAS. Imaging Center of Southwest Virginia, Inc. (hereinafter
the "Petitioner"). has petitioned this Council for support for a bill
to be introduced at the 1987 Session of the General Assembly to exempt
certain property of the Petitioner from taxation pursuant to Article
X, §6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity
to be heard with respect to the Petitioner's request was held by
Council on January 26, 1987;
WHEREAS, the provisions of subsection B of §30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by the
Council;
WHEREAS, the Petitioner agrees that the property to be exempt
from taxation is the personal property of the Petitioner and its
buildings and as much land as is reasonably necessary to the use of
its buildings, provided such personal and real property shall be used
by the Petitioner exclusively for charitable and benevolent purposes
on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1
to be introduoed on behalf of the Petitioner at the 1987 Session of
the General Assembly, the Petitioner has voluntarily agreed to pay
each year a service charge in an amount equal to five percent (5%) of
the City of Roanoke real and personal property tax levies, which
would be applicable to the property of the Petitioner were the Peti-
tioner not exempt from such taxation, for so long as the Petitioner's
property is exempted from State and local taxation;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council supports a bill to be introduced at the 1987 Session
of the General Assembly whereby Imaging Center of Southwest Virginia,
Inc., a,non-profit organization, seeks to be classified and designated
a charitable and benevolent organization within the context of
§6(a)(6) of Article X of the Constitution of Virginia, and whereby
property owned by the Petitioner, which is used by it exclusively for
charitable and benevolent purposes on a non-profit basis, shall be
exempt from State and local taxation.
2. In consideration of Council's adoption of this Resolution and
Council's support of the bill described in Paragraph 1 of this Reso-
lution to be introduced at the 1987 Session of the General Assembly,
the Petitioner agrees to pay to the City of Roanoke on or before
October 5 of each year a service charge in an amount equal to five
percent (5%) of the City of Roanoke real and personal property tax
levies, which would be applicable to property of the Petitioner in
the City of Roanoke, were the Petitioner not exempt from State and
- 2 -
local taxation, for so long as the Petitioner is exempted from State
and local taxation.
3. The City Clerk is directed to forward
this Resolution to the Commissioner of Revenue
for purposes of assessment and collection, respectively, of
vice charge established by this Resolution, and to James F.
counsel for the Petitioner.
4. This Resolution shall be in full force and effect at such
time as a copy, duly signed by an authorized officer of the Peti-
tioner, has been filed with the City Clerk.
an attested copy of
and the City Treasurer
the ser-
Douthat,
ATTEST:
City Clerk.
ACCEPTED, AGREED TO, and EXECUTED by Imaging Center of Southwest
Virginia, Inc., this day of/..~ff ~_~ , 1982.
ATTEST:
IMAGING CENTER OF SOUTHWEST
VIRGINIA, INC.
Secretary
- 3
CITY CLE?,',S (}FFiC,~ Roanoke, Virginia
January 26, 1987
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request of Imaging Center of Southwest Virginia, Inc.
At the Council meeting of January 12, 1987, Council had before it a
request from the above-noted Corporation which asked that City Council adopt
a Resolution supporting the General Assembly's exemption from taxation of its
property located on the east side of Jefferson Street northeast of its inter-
section with Marion Street. This request is being made pursuant to Article X,
Section 6(a)(6), of the Constitution of Virginia.
State law provides that the appropriate committee of the General Assembly
may consider Petitioner's request for tax exemption only after the local
governing body has adopted a resolution supporting or refusing to support the
proposed exemption. Such resolution may be adopted only after a duly advertised
public hearing. At the Council meeting of January 12, Council agreed to hold a
public hearing on this matter on January 26, 1987, at 2:00 P.M. This public
hearing has been properly advertised. Before adopting a resolution, State law
further requires that Council consider eight questions with respect to the re-
quested exemption. These questions and the Petitioner's responses thereto are
set out on pages 2-5 of the Petition filed with Council.
As a means of reference, similar requests have been made of Council by
the Virginia Synod Lutheran Home and Commonwealth Health Care. Both requests
were approved after careful scrutiny by the City administration and Council.
Erosion of the local tax base is a matter of continuing concern, and this and
similar requests must be carefully scrutinized to determine whether they are in
the public interest.
By granting the subject request, Council would be forgoing the usual real
and personal property tax revenues that would ordinarily be derived from this
development. The City would receive, however, on or before October 5 annually,
a service charge equal to five percent (5%) of the City of Roanoke real and
personal property tax levies which would be applicable to property of the
Petitioner in the City of Roanoke as if the Petitioner were not exempt from
state and local taxation. The service charge, which has been volunteered by
Petitioner, would be required for as long as the Petitioner is exempted from
state and local taxation. By execution of the attached Resolution, Petitioner
obligates itself to pay the service charge.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Page Two
The Imaging Center of Southwest Virginia, Inc. is a joint venture of
Community Hospital of Roanoke Valley and Roanoke Hospital Association. Each
hospital is tax exempt, and either could operate the Imaging Center under its
tax exempt umbrella without action of City Council or the General Assembly.
Given that the facility which the Petitioner intends to build will enhance
local employment possibilities at both the highly professional and low skilled
levels, assist in the renewal of the downtown-Jefferson Street corridor, provide
needed health care services to our citizens, provide short-term construction
jobs, and provide some additional revenues for the City in terms of construction
fees and out-of-town patrons, we recommend that City Council adopt the attached
Resolution as requested by the Petitioner.
Respectfully submitted,
W. Robert Herbert
C~anager
Wilburn C. Dibling, Jr.
City Attorney
Joel M. Schlanger
Director of Finance
WRH:EBRJr:mp
CC:
Mr. James F. Douthat, Attorney
P. O. Box 720, Roanoke, VA 24004-0720
Mr. Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Gordon E. Peters, City Treasurer
Mr. Von W. Moody, III, Director of Real Estate Valuation
WOODS. ROGERS ~ HAZLEGI~OVE . ~
REC~, ~.~
982-4262
January 23, 1987
Mr. Wilburn C. Dibling, Jr.
City Attorney
464 Municipal Building
Roanoke, Virginia 24011
Re: Tax Exempt Petition from Imaging Center of Southwest
Virginia, Inc.
Dear Will:
We have reviewed the resolution which you have prepared in
the event that City Council agrees to support our request for
tax exempt status for Imaging Center of Southwest Virginia,
Inc. Your proposed resolution is satisfactory to us, and we
would offer no amendments to it.
We would point out that since our last meeting we have
learned that the last day for introducing bills in the General
Assembly in connection with tax exempt status is January 27,
1987. Accordingly, it would be of great assistance to us if
the actual resolution could be executed on behalf of the City
by the City Clerk at, or immediately after, the City Council
meeting on Monday afternoon. We will have representatives of
the Imaging Center present at that meeting to accept the
resolution on behalf of the Imaging Center. Execution of the
resolution at this time would allow us to Federal Express it to
Richmond for introduction by Delegate Woodrum on January 27.
If you foresee any problems in connection with the
execution of the resolution or if we can provide you with
Mr. Wilburn C. Dibling, Jr.
Page 2
January 23, 1987
additional copies or other assistance, please let me know.
Otherwise, we thank you for your continuing help in this
matter.
Very truly yours,
THOMAS T. PALMER
TTP/bcw
cc: Mary F. Parker, City Clerk~/
James F. Douthat, Esquire
Thomas L. Robertson, Vice President
William R. Reed, President
~. ~/~ ~,/~;.~ ~.~.c/~'~c/ PO&NOKE TIMES ~ WOP, LO-NSWS
AD NUMBER - ].1602806
PUBLISHER'S FEE - $25.08
WOODS ROGERS
HA ZL EGRO VE
PO BOX 720
ROANOKE VA 24004
STATE OF VIRGINIA
= ITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED! AN OFFICER OF
TIMES-WORLD COF~PORATION, WHICH COR-
PORATION IS PUBLISHER ;OF THE RO~u~OKE
TIMES & WORLD-NEWS, A DAILY NEWSPAPER
~UBLISHED IN ROANOKE~ IN THE STATE OF
¢IRGIN[A, 00 CERTIFY THAT THE ANNEXED
'~OT[CE WAS PUBLISHED IN SAID NEWSPAPERS
ON THE FOLLOWING DATES
01/19/87 MORNING
~ [TNESS, THIS TH DAY ~F JANUARY L987
OFFICEF 'S SIGNATURE
opm!?., o.l.~d
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City
of Roanoke will hold a public hearing at its regular meeting to
be held on January 26, 1987, commencing at 2:00 p.m. in the
Council Chambers, 4th Floor, Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, on the question of adoption of
a resolution pursuant to ~30-19.04 of the Code of Virginia,
1950, as amended, on a request by The Imaging Center of
Southwest Virginia, Inc., for a designation of property to be
exempted from taxation. Citizens shall have the opportunity to
be heard and express their opinions on said matter.
Mary F. Parker
City Clerk
Please send tax costs to Woods, Rogers & Hazlegrove, 105
Franklin Road, S.W., Roanoke, Virginia, 24004. Please publish
one (1) time in the morning edition of the Roanoke Times &
World News on January 19 , 1987
CITY OF ROANOKE '87 JAN 15 A1~ ~?
I NTERDE PARTMENTAL COMMUN I CAT I ON
DATE: January 14, 1987
TO: Mary F. Parker, City Clerk i ~A~/~
FROM: Wilburn C. Dibling, Jr., City Attorney
RE: Public hearing on request of The Imaging Center of
Southwest Virginia, Inc.
At the Council meeting of January 12, 1987, City Council
agreed to hold a public hearing on January 26, 1987, on the
request of The Imaging Center of Southwest Virginia, Ine., for
tax exemption. I am attaching to this memorandum a Notice of
Public Hearing prepared by Jim Douthat, attorney for the appli-
cant, which has my approval. The Notice should be published
once at least seven days in advance of the date of the Public
Hearing.
Thank you for your cooperation.
WCDJr:ff
Attachment
OFFICE OF THE. CITY ATTORNEY
January 14, 1986
James F. Douthat, Esquire
Woods, Rogers & Hazlegrove
P. O. Box 720
Roanoke, Virginia 24004-0720
Re: Imaging Center of Southwest Virginia, Inc.
Dear Jim:
I have approved your Notice of Public Hearing with respect to
the hearing required on the request of Imaging Center of South-
west Virginia, Inc., for tax exemption. The notice has been for-
warded to the Clerk's Office with the request that it be published
at least seven days in advance of the January 26, 1987, hearing.
With this letter, I am also enclosing a form of resolution to
be adopted by City Council on January 26, 1987, assuming a favor-
able Council response to your request. If you have any requested
amendments, please call me as soon as possible.
With kindest personal regards, I am
WCDJr:fcf
Sincerely yours,
Wilburn C. Dibling,
City Attorney
Jr.
Enclosures
cc: ~ Mary F. Parker, City Clerk
P,So
I note from your letter that you refer to the applicant
as "The Imaging Center of Southwest Virginia, Inc." However,
Mr. Palmer's petition refers to the applicant as "Imaging
Center of Southwest Virginia, Inc." I have used the name
as set out in Mr. Palmer's petition. Please advise if this
is erroneous.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
A RESOLUTION supporting tax exemption of certain property owned by
Imaging Center of Southwest Virginia, Inc., in the City of Roanoke used
by it exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between Imaging
Center of Southwest Virginia, Inc., and this City.
WHEREAS, Imaging Center of Southwest Virginia,
the "Petitioner"), has petitioned this Council for
to be introduced at the 1987 Session of the General
Inc. (hereinafter
support for a bill
Assembly to exempt
certain property of the Petitioner from taxation pursuant to Article
X, §6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity
to be heard with respect to the Petitioner's request was held by
Council on January 26, 1987;
WHEREAS, the provisions of subsection B of §30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by the
Council;
WHEREAS, the Petitioner agrees that the property to be exempt
from taxation is the personal property of the Petitioner and its
buildings and as much land as is reasonably necessary to the use of
its buildings, provided such personal and real property shall be used
by the Petitioner exclusively for charitable and benevolent purposes
on a non-profit basis; and
WHEREAS. in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1
to be introduced on behalf of the Petitioner at the 1987 Session of
the General Assembly, the Petitioner has voluntarily agreed to pay
each year a service charge in an amount equal to five percent (5%) of
the City of Roanoke real and personal property tax levies, which
would be applicable to the property of the Petitioner were the Peti-
tioner not exempt from such taxation, for so long as the Petitioner's
property is exempted from State and local taxation;
THEREFORE, BE IT RESOLVED by the Council of the City
follows:
1. Council supports a bill to be introduced at the
the General Assembly whereby Imaging Center
of Roanoke
1987 Session
of Southwest Virginia,
of
Inc., a non-profit organization, seeks to be classified and designated
a charitable and benevolent organization within the context of
§6(a)(6) of Article X of the Constitution of Virginia, and whereby
property owned by the Petitioner, which is used by it exclusively for
charitable and benevolent purposes on
exempt from State and local taxation.
2. In consideration of Council's
a non-profit basis, shall be
adoption of this Resolution and
Council's support of the bill described in Paragraph 1 of this Reso-
lution to be introduced at the 1987 Session of the General Assembly,
the Petitioner agrees to pay to the City of Roanoke on or before
October 5 of each year a service charge in an amount equal to five
percent (5%) of the City of Roanoke real and personal property tax
levies, which would be applicable to property of the Petitioner in
the City of Roanoke, were the Petitioner not exempt from State and
- 2 -
local taxation, for so long as the Petitioner is exempted from State
and local taxation.
3. The City Clerk is directed to forward an attested copy of
this Resolution to the Commissioner of Revenue and the City Treasurer
for purposes of assessment and collection, respectively, of the ser-
vice charge established by this Resolution, and to James F. Douthat,
counsel for the Petitioner.
4. This Resolution shall be in full force and effeet at such
time as a copy, duly signed by an authorized officer of the Peti-
tioner, has been filed with the City Clerk.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO, and EXECUTED by Imaging Center of
Virginia, Inc., this day of , 198
Southwest
ATTEST:
IMAGING CENTER OF SOUTHWEST
VIRGINIA, INC.
Secretary
By
President
- 3 -
Ofhce of the Moyor
January 22, 1987
Honorable Members of
Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session on Monday, January 26,
1987, to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees ap-
pointed by Council, pursuant to Section 2.1-344 (a) (1), Code
of Virginia (1950), as amended.
Sincerely,
Noel
Mayor
NCT:js
Room ~.52 Municipal Building 215 Church Avenue, S.W. Roanoke, 'Virginia 24~11 (703) 981-2444
January 28, 1987
File #9
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the noise contour study at Roanoke
Regional Airport, Woodrum Field, was before the Council of the
City of Roanoke at a regular meeting held on ~londay, January 26,
1987.
On motion, duly seconded and unanimously adopted, the report was
received and filed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
cc:
Mr. Elmer C. Hodge, Jr., Roanoke County Administrator,
P. O. Box 3800, Roanoke, Virginia 24015
Mr. Jack C. Smith, Chairman, Airport Advisory Commission,
14 West Kirk Avenue, Roanoke, Virginia 24011
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Robert C. Poole, r~anager, Airport
Room456 MunlcipaIBuildlng 215 Church Ave~ue, S.W. Roano~e, Virgin~24011 (703) 981-2541
CITY
Roanoke, Virginia
January 26, 1987
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Noise Contour Study
I. Background:
Ao
Grant agreement ADAP No. 6-51-0045-13 for the Runway 5/23
extension stipulated a noise contour study be conducted
within one year of completion and every five years there-
after.
B. Study, which began in July, 1986, one year after the runway
became operational, is now complete.
II. Current Situation:
Ao
New Noise Exposure Forecast (NEF) for 40 NEF and the 35 NEF
contours have not expanded to include any new properties
other than on a minor area of publicly owned property.
B. Homes that were included in the previous soundproofing program
remain in the 35 NEF contour.
III. Conclusion is the Runway 5/23 extension has not expanded signif-
icantly the aircraft noise contours.
This report is for Council's information and no action is required.
Copies of the new noise contour maps will be on file in the Air-
port Manager's Office for public review. A copy will also be sent
to the Roanoke County Administrator.
Respectfully submitte~,
W. Robert Herbert
City Manager
WRH:KBK:afm
CC:
City Attorney
Director of Finance
Chairman & Members, Airport Advisory Commission
Mr. Elmer C. Hodge, Jr., Roanoke County Administrator
Oflqce c~ fne C~ty Cled~
January 28, 1987
File #60-467
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 28510, amending and reor-
daining certain sections of the 1986-87 General and Grant Fund
Appropriations, to provide for the appropriation of $120,000.00
for the Alternative Education Program for 1987, and $6,880.00 for
the 29th Virginia Regional Spring Science Fair, which Ordinance
was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, January 26, 1987.
Si nce rely,
Mary F. Parker, CMC
City Clerk
MFP:se
EnCo
CC:
Mr. Edwin R. Feinour, Chairman, Roanoke City School Board,
3711 Peakwood Drive, S. W., Roanoke, Virginia 24014
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145,
Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Room456 MuniclpalBulldlng 215 Church Avenue, S.W.~z, anohe, VIrcJinio24011 (703)98t-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 26th day of January, 1987.
No. 28510.
AN ORDINANCE to amend and reordain certain sections of the
1986-87 General and Grant Funds 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 1986-87 General and Grant
Funds Appropriations, be, and the same are hereby, amended and
reordained, to read as follows, in part:
General Fund
Appropriations
Education
Instruction (1) ..................................
Other School Expenditures (2) ....................
$51,050,623
29,887,345
130,521
Grant Fund
Appropriations
Education $ 9,491,387
Alternative Education 86-87 (3-13) ................. 120,000
Regional Science Fair 86-87 (14-15) ................ 6,880
Revenue
Education
Alternative Education 86-87
Regional Science Fair 86-87
(16) ................. $ 120,000
(17-18) .............. 6,880
(1) Instructional
Supplies
(2) Transfers to
Grant Funds
(3) Teachers
(4) OJT
(5) Social Sec.
(6) Health Ins.
(7) Travel
(8) Utilities
(9) Telephones
(10) Insurance
(11) Rent/Lease of
Facilities
(12) Supplies
(13) Part. Transp.
(14) Materials
(15) Travel
(16) Federal Grant
Receipts
(17) Local Match
(18) Contributing
(001-060-6002-6030-0309)
(001-060-6012-6065-0801)
(035-060-6410-6005-0113)
(035-060-6410-6005-0307)
(035-060-6410-6005-0204)
(035-060-6410-6005-0210)
(035-060-6410-6005-0402)
(035-060-6410-6005-0328)
(035-060-6410-6005-0329)
(035-060-6410-6005-0218)
(035-060-6410-6005-0220)
(035-060-6410-6005-0309)
(035-060-6410-6005-0314)
(035-060-6927-6030-0309)
(035-060-6927-6030-0402)
(035-060-6410-1102)
(035-060-6927-1101)
(035-060-6927-1103)
$(1,600)
1,600
76 096
15 347
5 440
2 152
2 229
3 680
640
800
3,120
4,192
6,304
88O
6,000
120,000
1,600
5,280
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
D~'PARTM~'NT O~ FINANCE CiTY C,..:., !,FF 5['
CiTY OF ROANOKE, V&.
January 26, 1987
'87 ,I~N 21 A8 16
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request for Appropriations
I have reviewed the attached request for appropriations
for the School Board. The Alternative Education Program grant is
funded with 100% federal funds. The Virginia Regional Spring Fair
is funded by contributions from other school districts and a local
match of $1,600.
I recommend that you concur with the request of the
School Board.
JMS:dp
'~1~1~I Edu~ln R. Felnout. Cl~Irmon
UJIIIIom CUhlte. Sr.. Vice Choirrnon
Donold I~<~col
Floanoke
City $ohool 8oard
5o119e T. Colem~q
LoVeme 8. Dillon
Oovid H. Usk
J~mes M. Turner.
~onk P. Tota, Superintendent
F~d~c~d L Helle¥, Clem oi' th~ ~
P.O Box 13105. Roanoke, Virginia 24031 · 703-981-2381
January 14, 1987
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its meeting of January
13, 1987, the School Board respectfully requests City Council to appropriate
the following funds to school accounts:
Grant No. 6410
Grant No. 6927
$120,000.00 for the Alternative Education Program
for 1987 to provide instruction and guidance
services to secondary level students who are at
risk of leaving school. The program is one
hundred percent reimbursed by federal funds.
$6,880.00 for the 29th Virginia Regional Spring
Science Fair. School districts will contribute
$5,280.00 with local match in the amount of
$1,600.00.
Sincerely,
Clerk of the Board and
Executive for Business Affairs
rg
cc:
Mr. Edwin R. Feinour
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy, Jr.
Mr. W. Robert Herbert
Mr. Wil Dlbllng
-,'Mr. Joel Schlanger (with accounting details)
Excellence in Education
ROANOKR CITY SCIOOL IOARD
RoAnoke, virginia
APPROPRIATION RBOUR~T
Alternative Eduoation 86-87
bqlO
035-060-6410-6005-0113
035-060-6410-6005-0307
035-060-6410-6005-0204
035-060-6410-6005-0210
035-060-h410-b005-0402
035-060-6410-6005-0328
035-060-6410-6005-0329
035-060-6410-6005-0218
035-060-6#10-6005-0220
035-060-6410-6005-0309
035-060-6410-6005-0314
OJT
Social Security
Travel
Utilities
Telephones
Rent/Lease of Facilities
Supplies
Total Appropriation Unit Z4B
76,096.00
15,347.00
2,152.00
2,229.00
3,680.00
6qO. O0
800.00
3,120.00
4,192.00
b,304.00
120,000.00
035-060-6410-1102
Federal Grant Receipts
$ 120,000.00
The Alternative Education Program For 1987 will provide instruction and
~uidance services to secondary level students sho are at risk of leavin&
school due to poor academic achievement, los or unrealistic self-concept, or a
poor understanding of academic preparation required to achieve their career
interests. One hundred percent of &rant expenditures sill be reimbursed by
Federal Funds. The program Till end June 30, 1987.
January 13, 1987
ROANOII CITY SCiOOL BOARD
Roanoke, Virlinia
APPROPRIATION REOUi~T
Re~iona! $oienoe Fair 8~-87
6927
035-060-b927-~030-0309
035-ObO-bg27-b030-O#02
Materials
Travel Ezpenses
Total Appropriation Unit ZgN
880.00
6,000.00
6~880. O0
035-OhO-hq27-1101
035-060-6927-1103
Local Hatch $ 1,bO0. O0
Contributions 5,280.00
9 6.880.00
The 2qth Virginia Regional Sprins Science Fair is bein~ hosted by Roanoke
City. School Districts will contribute to~a~d the cost of the fair, with a
local match cost to Roanoke City Schools in the amount of $1,~00 to be taken
from account 001-0b0-~002-6030-0309. The ~eant pe~tod sill end June 30, 1987.
January 13, 1987
O~lce c~ ~ne O~ O~
January 28, 1987
File #226-467
~4r. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28511, authorizing an amend-
ment to an Agreement with the arrlson Heritage and Cultural
H '
Center, Inc., and Total Action Against Poverty in Roanoke Valley,
Inc., which Ordinance was adopted by the Council of the City of
Roanoke at d regular meeting held on Monday, January 26, 1987.
Sincerely,
MFP:se
Enc.
cc:
Mary F. Parker, CMC
City Clerk
Mr. Julian R. Moore, Chairman, Harrison Heritage and Cultural
Center, Inc., P. O. 8ox i94, Roanoke, Virginia 24002
Ms. Melody S. Stovall, Execotive Director, Harrison Heritage
and Cultural Center, Inc. P. 0 Box 194, Roanoke Virginia
24002 ' ' ,
Mr. T. J. Edlich, III, Executive Director, Total Action
Against Poverty in Roanoke Valley, Inc., P. O. 8ox 2868,
Roanoke, Virginia 24001-2868
~r. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel H. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Chief of Community Planning
Ms. Marie T. Pontius, Grants Monitoring Administrator
~. Deborah J. Mos~, Chief, B~llings and Collectio~
*Added to carbon copi~ on November 16, 1987.
Room~6 Munici~l~ll~l~ 215~u~Ave~,S.W. Roonoke,~2~11 (7~)981-2~1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 26th day of January, 1987.
No. 28511.
AN ORDINANCE authorizing an amendment to an Agreement with
the Harrison Heritage and Cultural Center, Inc., and Total Action
Against Poverty in Roanoke Valley, Inc.; and providing for an
emergency.
equipment and
City Manager's
approved
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are authorized and directed, respectively, to execute
and to seal and attest, for and on behalf of the City, an amend-
ment to the Agreement dated November 7, 1986, by and among the
City, the Harrison Heritage and Cultural Center, Inc., and Total
Action Against Poverty in Roanoke Valley. Inc., to provide for an
increase by $1,315.21 in the compensation the City is to pay the
Subgrantees therein, such funds to be expended for those items of
furnishings identified in the attachment to the
report of January 26, 1987; such amendment to be
municipal
ordinance shall
as to form by the City Attorney.
In order to provide for the usual daily operation of the
government, an emergency is deemed to exist, and this
be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, ¥~rg~n~a
January 26, 1987
Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject:
Request from Harrison Heritage and Cultural Center, Inc.,
TAP for Operating Funds
Dear Members of Council:
and
I. Background:
Harrison Heritage and Cultural Center was opened in late October,
1985, in renovated first floor space of former Harrison School f~r use
as a:
1. Community Center.
2. Heritage and Cultural Center to display artifacts and have
programs on Black culture and history.
3. Resource center for Black history.
City Council approved CDBG funds for the first year operating budget
in the amount of $54,250 by Ordinance Number 27825, dated October 7,
1985.
C. City Council approved CDBG funds for the second year operatin9 budqet
in the amount of $49,106 by Ordinance Number 28403 dated October 2~,
1986.
De
The Contract for the first year operatin9 bud9et expired October 22,
1986, leaving a balance of $1,315.21 which was returned to the City.
1. Harrison Herita9e and Cultural Center) Inc.) has submitted a
request to use the returned funds to purchase equipment and fur-
nishings for the Center (see Attachment A).
2. Current budget of $49)106 has no funds for furniture and equip-
ment.
Honorable Mayor and Members of City Council
Page 2
II. Issues:
A. Original project objectives.
B. Funding.
C. Compliance with applicable grant/City regulations.
III. Alternatives:
Authorize the City Manager or Assistant City Manager to execute an
Amendment to the agreement for the second year operating budget in an
amount not to exceed $1,315.21.
1. Original project objectives would be addressed in that the new
equipment would help the Harrison Center carry out its objectives.
2. Funding is currently available in Account No. 035-002-8726-2066.
3. Compliance with applicable grant/City regulations will be assured
by the following:
a. Review and approval of the Amendment by the City Attorney,
Director of Finance and Grants Monitoring Administrator.
b. Expenditures will be reviewed to insure that proper purchasing
procedures are used.
Do not authorize the City Manager to execute an Amendment to the
agreement with Harrison Heritage and Cultural Center, Inc., and TAP.
1. Original project objectives would not be addressed with these
funds.
2. Funding would not be an issue.
3. Compliance with applicable grant/City regulations will not be an
issue.
Honorable Mayor and Members of City Council
Page 3
IV. Recommendation:
It is recommended that City Council concur in Alternative "A" and
authorize the City Manager to execute an Amendment to the agreement with
Harrison Heritage and Cultural Center, Inc., and TAP for use of the
remaining funds. The Amendment shall be in a form acceptable to the City
Attorney and shall not exceed $1~315.21.
WRH:MTP:mds
Respectfully submitted,
· Robert Herbert
City Manager
Attachment
cc:
Mr. Wilburn C. Dibling, City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Ms. Marie T. Pontius, Grants Monitoring Administrator
Mr. Ted Edlich, III, Executive Director, TAP
Mr. Julian Moore, Chairman, Harrison Heritage & Cultural Center, Inc.
Hf RRISOM
Ill,il IlillLJ CE TER
December 29, 1986
RECEIVED
Office of Gra~t$ Compliance
DEC 31 1986
Mr. Earl Reynolds
Assistant City Manager
City o£ Roanoke
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear Earl:
This letter is the Harrison Center's formal request to carry over the
$1,315.21 fund balance from the contract ending October 22, 1986.
Because several budget items had to be estimated, the entire budget
could not be spent before its expiration.
Listed in order of priority are equipment and furnishings we would like
to purchase with the funds.
1. Disk Drive for Swintec Typewriter
2. VCR
3. T.V. Monitor
4. Movie Projector
5. Locked cabinet for storage of video equipment/tapes, etc.
6. Video camera
7. Caddies for chair storage
8. Caddies for table storage
9. Record player
10. Credenza
We will follow the normal CSBG purchasing procedures for these items
until all funds are exhausted.
Thank you for your consideration. Happy New Year!!
Sincerely,
Melody S. Stovall
Executive Director
MSS/sr
cc:
Marie Pontius, Grants Compliance Administrator
Ted Edlich, II~.Executive Director, TAP
Nancy Harper, Finance Director, TAP
523 Harrison Ave., N.W. · Roanoke, Virginia 24016
P.O. Box 194 · Roanoke, Virginia 24002
(703) 345-4818
Office of the O~y Oetk
January 28, 1987
File #40-137
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
I am attaching copy of Resolution No. 28512, opposing House Bill
953 which would reverse Virginia's long standing tradition of
holding municipal elections in May, which Resolution was adopted
by the Council of the City of Roanoke at a regular meeting held
on Monday, January 26, 1987.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
E~C.
cc: Mr. W. Robert Herbert,
Mr. Joel Iq. Schlanger,
City Manager
Director of Finance
Room 456 Municipal Building 2¢ 5 Church Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541
Office of the 0~/(]~
January 27, 1987
File #40-137
The Honorable J. Granger Macfarlane
Member, Senate of Virginia
Room 382, General Assembly Building
910 Capitol Street
Ric~lmond, Virginia 23219
Dear Senator Macfarlane:
I am enclosing copy of Resolution No. 28512, opposing House Bill
953 which would reverse Virginia's long standin§ tradition of
holding municipal elections in May, which Resolution was adopted
by the Council of the City of Roanoke at a regular meeting held
on Monday, January 26, 1987.
Si rice rely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room456 MunlclpalBulldlng 215C~urc:hA~'~ue, S.W. Roonoke, Virglnlo24011 (703)981-2541
January 27, 1987
File #40-137
The Honorable A. Victor Thomas
Member, House of Delegates
Room 814, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Oear Delegate Thomas:
I am enclosing copy of Resolution No. 28512, opposing House Bill
953 which would reverse Virginia's long standing tradition of
holding municipal elections in May, whic~ Resolution was adopted
by the Council of the City of Roanoke at a regular meeting held
on Monday, January 26, 1987.
Si nce rely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric.
Room 456 Municipal Building 215 C~urch Avenue, S.W. Roonoke, Virginia 24~11 (703) 981-254.1
January 27, 1987
File #40-137
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
Room 810, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Delegate Woodrum:
I am enclosing copy of Resolution No. 28512, opposing House Bill
953 which would reverse Virginia's long standing tradition of
holding municipal elections in May, which Resolution was adopted
by the Council of the City of Roanoke at a regular meeting held
on Monday, January 26, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:$e
E~c.
P, oorn456 MunlclpalBulldlng 215 0'~urch Avenue, S.W. Roonoke, Vlrglnla2,~011 (703)981-254~
CITY
'87 ,J/~N 28 p? 4
· offi-~e of d~e ~:~yor
January 26, 1987
Mr. R. ~ichael Amyx, Executive
Virginia Municipal League
Post Office Box 12203
Richmond, Virginia 23241
Director
Dear Mike:
At the City Council meeting held on Monday, January 26, 1957,
Council unanimously adopted the enclosed resolution which
expresses the vigorous opposition of this City to House Bill 953
which would require that municipal elections be held in November
at the same time as national and state elections.
We in Roanoke believe that the current system of May municipal
elections is a sound one which should be preserved. A
knowledgeable electorate is at least in part responsible for the
sound and viable system of local government that we have in the
Commonwealth. In a combined national-state-local election, local
issues, which are distinctly different from national and state
issues, would be completely subsumed, and there would be little
opportunity for the electorate to become knowledgeable with
respect to local issues. Furthermore, media coverage of local
candidates and local issues would obviously be drastically
reduced thereby making it even more difficult for the electorate
to scrutinize local candidates and issues.
I am hopeful that House Bill 953 can be brought to the early
attention of the appropriate committees of the Virginia Municipal
League so that the League can go on record in opposition to House
Bill 953. Please let me know if I can be of assistance to you in
this regard.
Sincerely yours, ~
Noel C. Taylor, Maydr ~
City of Roanoke
NCT:jas
Enclosure
cc: Members, Roanoke City Council
Ml~r'. ~ary Cit~ Clerk
F.
Parker
· Wilburn C. Dibling, Jr., City Attorney
Room ~.52 Municipal Building 215 Church Avenue, S,W. f~:~noke, Virginia 24011 (703) 981-2444
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th day of January, 1987.
No. 28512.
VIRGINIA,
A RESOLUTION opposing House Bill 953 which would reverse
Virginia's long standing tradition of holding municipal elec-
tions in May.
WHEREAS, the Charter of the City of Roanoke requires
that City Council elections be held in the month of May,
and municipal elections have traditionally been held in May
throughout the Commonwealth;
WHEREAS, House Bill 953, sponsored by Delegate Cranwell,
would reverse this long standing tradition and require that
all local elections be held in November, along with national
and state elections;
WHEREAS, rnunieipal issues are quite different from
national and state issues, and the custom of separate munici-
pal elections facilitates voter education with respect to
distinctly local issues that would not be possible in a com-
bined national-state-local election in which local issues
would be completely overwhelmed by pressing national and
state issues;
WHEREAS, there would be little opportunity for media
coverage of local elections were they combined with national
and state elections;
WHEREAS, a knowledgeable electorate is a goal to be
sought after in a democracy, and the current system of
holding municipal elections in May furthers this important
goal; and
I~rlEREAS, this Council is vigorously opposed to House
Bill 953 which without justification radically alters a
municipal election system which has led to a healthy and
viable system of local government in the Commonwealth;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council opposes House Bill 953, which would combine
municipal elections with national and state elections held
in November, and calls upon the City's delegation to vigor-
ously oppose this unwarranted legislative effort to "fix" a
strong and healthy municipal election system.
2. The Clerk is directed to forward an attested copy of
this resolution to The Honorable J. Granger Macfarlane, Member,
Senate of Virginia, The Honorable A. Victor Thomas, Member,
House of Delegates, and The Honorable Clifton A. Woodrum, III,
Member, House of Delegates.
3. The Clerk is also directed to forward an attested copy
of this resolution to R. Michael Amyx, Executive Director, Vir-
ginia Municipal League, with the request that the League go on
record as opposing House Bill 953 and that local government
forces be marshaled in unified opposition.
ATTEST:
City Clerk.
CITY OF ROANOKE
I NTERDE PARTMENTAL COIV~IUN I CAT I ON
DATE: January 27, 1987
TO:
FROM:
RE:
The Honorable Noel C. Taylor, Mayor
Wilburn C. Dibling, Jr., City Attorney~/~
House Bill 953
In response to your request, I have prepared the attached
letter by which you may transmit Council's resolution in oppo-
sition to House Bill 953, which would require that municipal
elections be held in November at the same time as national and
state elections, to Mike Amyx of the Virginia Municipal League.
The letter, of course, is merely a suggestion, and you may
amend it as you desire.
Please let me know if I can be of further service in this
or similar matters.
WCDJr:ff
Attachment
cc: Mary F. Parker, City Clerk
Office af the Mayor
January 26, 1987
R. Michael Amyx, Executive Director
Virginia ~nicipal League
P. O. Box 12203
Richmond. Virginia 23241
Re: House Bill 953
Dear Mike:
At the Council meeting of January 26, 1987, City Council unani-
mously adopted the attached resolution which expresses the~vigorous
opposition of this City to House Bill 953 which would require that
municipal elections be held in November at the same time as national
and state elections.
We in Roanoke believe that the current system of May municipal
elections is a sound one which should be preserved. A knowledgeable
electorate is at least in part responsible for the sound and viable
system of local government that we have in the Cormmonwealth. In a
combined national-state-local election, local issues, which are
distinctly different from national and state issues, would be com-
pletely subsumed, and there would be little opportunity for the
electorate to become knowledgeable with respect to local issues.
Furthermore, media coverage of local candidates and local issues
would obviously be drastically reduced thereby making it even more
difficult for the electorate to scrutinize local candidates and
issues.
I am hopeful that House Bill 953 can be brought to the early
attention of the appropriate committees of the League so that the
League can go on record in opposition to House Bill 953. Please
me know if I can be of assistance to you in this regard.
let
Very truly yours,
Noel C. Taylor, Mayor
NCT/ mo f
Enclosure
ce:
The Honorable Members of City Council
Mary F. Parker City Clerk
Wilburn C. Dibling, Jr., City Attorney
Room 452 Munici~lBuildi~ 215ChurchAven~,S.~Roanoke,~inia2~11
(703) 981-2444
OFFICE OF THE CITY ATTORNEY
January 26, 1987
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: House Bill 953
Dear Mrs. Bow]es and Gentlemen:
At the Council meeting of January 20, 1987, the City
Attorney was directed to prepare resolution expressing
Council's opposition to Delegate Cranwell's bill which
would require that municipal elections be held in Novem-
ber, along with national and state elections. The Virginia
Municipal League has advised me that Delegate Cranwell's
bill is House Bill 953.
In response to Council's request, [ have prepared the
attached resolution which I recommend to you. I believe
the resolution is self-explanatory in enumerating the sound
basis for opposing this attempt to "fix" a time-honored sys-
tem of municipal elections which is certainly not broken.
In accordance with Council's request, the resolution
will be transmitted to the Virginia Municipal League by the
Mayor with the request that the League vigorously oppose
House Bill 953 and that municipal forces be marshaled in
unified opposition to this legislation.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCDJr:fcf
Attachment
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
January 22, 1987
File #467
Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), establishing a procedure for the election of
School Board Trustees, this is to advise you that the three year
terms of Mrs. Sallye T. Coleman and Mr. William White, Sr., will
expire on June 30, 1987.
According to Section 9-16, on or before February 15 of each year,
Council shall announce its intention to elect trustees of the
Roanoke City School Board for terms commencing July I through
(1) public announcement of such intention at two consecutive
regular sessions of the Council and (2) advertisement of such
intention in a newspaper of general circulation in the City twice
a week for two consecutive weeks.
Section 9-17 provides that all applications must be filed in the
City Clerk's Office by March 10. Applications will be received
until 5:00 p.m. on Tuesday, March 10, 1987. Application forms are
available in the City Clerk's Office and may be obtained between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
Information describing the duties and responsibilities of School
Board Trustees will also be available.
Periodically over the next four months, I will
informed of the various steps to be followed
selection process.
keep the Council
throughout the
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Office of the Oty Oerk
January 22, 1987
File #467
Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), establishing a procedure for the election of
School Board Trustees, Council must hold certain meetings and
take certain actions during the months of March, April and May to
conform with the selection process. Therefore, it is respect-
fully requested that Council establish specific dates for the
following:
(1)
On or before March 20, Council shall hold an informal
meeting which shall be open to the public with all can-
didates for school trustee.
(2)
On or before March 31, Council as a Committee of the
Whole, shall at a regular meeting, review and consider
all candidates for the position of school trustee. At
such meeting, Council shall review all applications
filed for the position and Council may elect to inter-
view candidates for such positions.
(3)
On or before April 20, Council shall, by public vote,
select from the field of candidates, those candidates to
be accorded the formal interview and all other can-
didates shall be eliminated from the school trustee
selection process. The number of candidates to be
granted the interview shall not exceed three times the
number of positions available on the Roanoke City School
Board, should there be so many candidates.
Room 456 Municipol Building 215 (~urch Avenue, S.W. Roanoke, Virginia 240tl (703) 98t-2541
Honorable Mayor and Members
of Roanoke City Council
Page 2
January 22, 1987
(4)
Prior to the public interview of candidates for school
trustee required by 69-21 and prior to April 30, Council
shall hold a public hearing to receive the views of
citizens. (On August 12, 1985, Council agreed to hold
the public hearing at the City Council meeting
preceding the public interview.)
(5)
On or before April 30, Council
the purpose of conducting a
remaining candidates for school
shall hold a meeting for
public interview of the
trustee.
(6)
Subsequent to the interview and on or before May 15,
Council shall hold an election at a regular or special
session of the Council to fill the vacancies on the
Roanoke City School Board.
Your assistance in establishing specific dates will be helpful in
order that applicants may be advised as to the proposed schedule.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Office c~ ~e Cl~y ~
January 28, 1987
File #67
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
! am enclosing copy of Resolution No. 28513, naming a City park
at the corner of Campbell Avenue and lOth Street, S. W., as West
End Park, which Resolution was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, January 26, 1987.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
EFlCo
CC:
Mr.
Alli
Mr.
Mr.
Mr.
Mrs
Mr.
Mr.
Mr.
Mr.
Mr.
Pub
Mr.
Mai
Mr.
Bob Crawford, President, Mountain View Neighborhood
ance, 818 13th Street, S. W., Roanoke, Virginia 24016
W. Robert Herbert, City Manager
Earl B. Reynolds, Jr., Assistant City Manager
WilOurn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
· Martha P. Franklin, Secretary, City Planning Commission
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Ronald H.
George C.
lic Safety
Jimmie B.
ntenance
Dinesh V.
Miller, Building Commissioner
Snead, Jr., Director of Administration and
Layman, Manager, Parks and Recreation/Grounds
Tiwari, Parks Planner
Room 456 Municipal Building 215 C~urch Avenue, S,W, Roanoke, ~rglnla 24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th day of January, 1987.
No. 28513.
VIRGINIA,
A RESOLUTION naming a City park at the corner of Campbell
Avenue and 10th Street, S. W., as West End Park.
BE IT RESOLVED by the Council of the City of Roanoke
that the newly constructed City park at the corner of Campbell
Avenue and 10th Street, S. W., on the site of the former West
End Elementary School, be and it is hereby named West End Park.
ATTEST:
City Clerk.
Roanoke City Planning Commission
January 26, 1987
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Recommendation of the City Planning Commission to
Officially Designate and Name a new City Park as
West End Park
I. Background:
City has constructed a new City park on the site of the former
West End Elementary School.
Park site is situated in the West End community at the corner
of Campbell Avenue and 10th Street, S.W. (see attached maps).
Park facility, as an addition to the City parks system, has
not been officially named.
Mountain View Neighborhood Alliance participated in the
construction process of the park and initially requested that
the park be officially designated in name as "Mountain View
II. Current Situation:
Planning Commission reviewed the request to assign a proper
name to the new park facility at its May 1, 1985 meeting.
Request by the Mountain View Neighborhood Alliance was
acknowledged and considered in the Commission's review.
Naming of community facilities such as parks and recreational
areas, has by past City policy, related to the identity of the
neighborhood community in which the facility was located.
Room 355 Municipal Building 215 Church Avenue, 5W. Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
III. Recommendations:
The Planning Commission, by a vote of 4-0 (Messrs. Waldvogel,
Bradshaw and Buford absent) recommended that the subject City
park be officially named and designated as "West End Park."
The above recommendation is based on the following
conclusions:
The name "West End Park" is compatible with the historic
name of the immediate neighborhood.
The name is related by identification to, and
historically with, the previous land use of the site -
West End Elementary School.
The Planning Commission further recommended that a suitable
plaque be placed in the park recognizing the meritorious
efforts of the Mountain View Neighborhood Alliance whose
efforts assisted greatly in the park's changes and
rehabilitation.
Respectfully submitted,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
SSG:ERT:mpf
cc: Assistant City Manager
Director of Public Works
City Engineer
Building Commissioner
Parks Planner
President, Mountain View Neighborhood Alliance
HOSPITAL
January 28, 1987
File #9
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28506, authorizing the exe-
cution of a Lease and Operating Agreement with Air Transport
Associates, Inc., t/a Air Transport Associates, which Ordinance
was adopted by the Council of the City of Roanoke on first
reading on Tuesday, January 20, 1987, also adopted by the Council
on second reading on Monday, January 26, 1987, and will take
effect ten days following the date of its second reading.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric o
cc:
Air Transport Associates, Inc., t/a Air Transport Associates,
c/o Mr. Charles D. Waring, 3952 Bosworth Drive, S. W.,
Roanoke, Virginia 24014
Mr. Jack C. Smith, Chairman, Airport Advisory Commission,
14 West Kirk Avenue, S. W., Roanoke, Virginia 24011
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Robert C. Poole, Manager, Airport
~. Deborah J. Mos~, Chief, Bi~li~s and Collectio~
*Added to carbon copi~ on Novemb~ 16, 1987.
Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanc~e, Virginia 24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th day of January, 1987.
No. 28506.
VIROINIA,
AN ORDINANCE authorizing the execution of a Lease and
Operating Agreement with Air Transport Associates, Inc., t/a
Air Transport Associates.
BE IT ORDAINED by the Council of the City of Roanoke that
the City Manager and the City Clerk are authorized, respectively,
to execute and to seal and attest a Lease and Operating Agree-
ment with Air Transport Assoeiates, Inc., t/a Air Transport
Associates, for the lease of certain property at the Roanoke
Regional Airport, Woodrum Field, in the form that sueh Lease and
Operating Agreement is set out and described in the City Manager's
report of January 20, 1987; such document shall be approved as
to form by the City Attorney.
ATTEST:
City Clerk.
CITY CLEI ~S
Roanoke, Virginia
January 20, i987
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Lease Agreement - Air Transport Associates, Inc.
The Airport Advisory Commission at its meeting on January 12, 1987,
considered the lease agreement with Air Transport Associates. No formal
action was taken due to the lack of a quorum, but those present favored
the recommendation of the City Administration.
Although fixed base services are not currently provided by Air Trans-
port Associates, I recommend Council's approval to standardize lease
agreements with fixed base operators.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:RCP:afm
Attachment
cc: City Attorney
Director of Finance
INTERDEPARTMENT COMMUNICATION
DATE:
TO:
FROM:
November 7, 1986
Airport Advisory C@mm~ton thru M~:-~erbert
Robert C. Fool ~e~/~
SUBJECT: Lease Agreement - Air Transport Associates, Inc.
II.
I. Back~round:
Air Transport Associatest Inc. (ATA) occupies airport hangar
building No. 17 which is currently used for storage and hangaring
of aircraft owned or leased by ATA under long term lease.
Fixed base services are not currently provided by ATA. ATA is
grandfathered, however, under City Code to engage in aircraft
maintenance on the same scale they did prior to November 1975.
Any proposal to increase or expand fixed base services by ATA
would require ATA to comply with minimum standards for floor and
land space under provision of Article III, Fixed Base Operations,
Sections 4-40 through 4-53 of the City Code.
Issues:
A. New standard lease a~reement.
B. Terms of lease.
C. Annual fees and rental.
III. Alternatives:
A. Approve new standard lease aKreement with Air Transport
Associates.
New standard lease aKreement will replace older form of
agreement that does not expressly incorporate current airport
policies and regulations.
Term of lease will continue on a month to month basis with
option to terminate upon 30 day written notice by either
party.
3. Annual fees and rental would remain the same, subject to any
amendment to the fee schedule by City Council.
Page 2
B. Do not approve lease agreement with Air Transport Associates, Inc.
1. New standard lease agreement would still be desirable for a
uniform agreement with fixed base operators.
2. Term of lease would remain the same.
3. Annual fees and rental would remain the same subject to being
amended by City Council.
IV. Recommendation is that the Commission concur in Alternative "A" and
recommend Council's approval.
RCP:csp
CC:
City Attorney
Director of Finance
Director of Utilities and Operations
LEASE AND OPERATING AGREEMENT
THIS LEASE AND OPERATING AGREEMENT ("Agreement"), made as of
the day of , 19 , by and between the
CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation
(hereinafter called "City") and AIR TRANSPORT ASSOCIATES, INC.,
t/a AIR TRANSPORT ASSOCIATES ("Lessee"),
WITNESSETH THAT:
City, as owner and operator of Roanoke Regional Airport,
Woodrum Field ("Airport"), and.Lessee, as the operator of a fixed
base operation at the Airport, for and in consideration of the
promises and mutllal covenants contained in this Agreement do
hereby covenant and agree as follows:
ARTICLE I
TERM
and
the
notice.
This Agreement shall be for an initial thirty (30) day term
thereafter on a month-to-month basis with either party having
option to terminate upon thirty (30) days prior written
ARTICLE II
LEASED PREMISES
City hereby leases to Lessee and Lessee hereby leases from
City, the following described premises, identified and shown on
Exhibit "A" hereto (the "Premises"):
Airport Building No. 17, of approximately 5,000 square feet
as shown on Exhibit "A."
- 1 -
It is mutually
ARTICLE III
USE OF PREMISES
understood that in accordance with the provi-
sions of Article III, Fixed Base Operations, $§4-40 through 4-53,
of the Code of the City of Roanoke (1979), as amended ("City
Code"), Lessee shall be permitted to engage on the Premises in
the business of aircraft maintenance only on the same scale as
provided by Air Transport Associates, Inc., at the Airport on
November 24, 1975, and for no other purpose without complying
with the minimum standards for floor and land space areas of the
City Code. Lessee further agrees and covenants, however, that
should Lessee engage in any type of fixed base operation service
or services to the public at the Airport or increase or expand
its services as determined by the City,~ Lessee shall comply with
all applicable provisions of the City Code, as amended, including
the appropriate provisions of Article III, Fixed Base Operations,
§~4-40 through 4-53 of the City Code, as amended, and shall pro-
vide City with at least thirty (30) days advance written notice
of its intention to engage in such services. Lessee further
covenants and agrees that it shall not use the Premises for the
storage or hangaring of aircraft or equipment unless such aircraft
or aviation equipment is owned or held by Lessee under a' long-
term lease of a minimum of six (6) months duration and Lessee
upon request shall provide City with appropriate verification of
any such ownership or lease agreements for all aircraft or equip-
- 2 -
ment stored or hangared on the Premises. Lessee further cove-
nants that the Premises shall be used for aviation related
activity and there shall be no storage on the Premises of non-
aviation equpment or vehicles. Lessee warrants that it is not
presently engaged in offering services to the public, except
storage and hangaring of aircraft owned or used by Lessee under a
long-term lease of a minimum of six (6) months duration, and
storage of rented equipment. In the event, however, that Lessee
should desire to offer any other
agrees to give Lessor thirty (30)
provided herein.
services to the public, Lesse~
days advance written notice as
ARTICLE IV
RENTAL AND FEES
For the privilege of operating at
terms and conditions herein set forth,
and fees are agreed to:
Annual privilege fee:
Rental-Building #17:
the Airport, under the
the following rental rates
$363.00 annually
$435.00 monthly
rental rates and fees for the Premises as
II, above, shall be payable yearly in twelve
by the 10th day of the
and agrees that such
by action of the
The total annual
described in Article
(12) equal installments on a monthly basis
following month. Lessee hereby recognizes
fees and rental m~y be amended at any time
Roanoke City Council. Rental and fees shall include the provi-
sion of utilities on an availability basis by City to the leased
- 3-
buildings. Lessee shall continue to be responsible for all other
applicable fees and charges, including, without limitation: air-
port use fees, seat fees, or other such fees and charges
currently imposed or which may be established.
ARTICLE V
INDEMNIFICATION
Lessee agrees that for good and valuable consideration, it
will indemnify and hold harmless the City, its officers,
employees and representatives against and from any and all
liabilities, losses, suits, actions, claims, demands, damages,
expenses and costs, of every kind and nature, incurred by or
asserted or imposed against the City and its respective agents,
officials or employees, or any of them, by reason of any acci-
dent, injury (including death), or damage to any person or pro-
perty, howsoever caused, resulting from or growing out of
Lessee's operations or any act or commission or omission of
Lessee, its successors, agents, employees, or invitees.
ARTICLE VI
INSURANCE
Lessee warrants and covenants that it is not presently or
presently intend to engage in the provision of services to the
public as a fixed base operatbr and that prior to entering into
such services it will comply with applicable provisions of the
Clay Code, as amended, and will comply with the notice require-
ment set forth in Article III, above. Upon properly engaging in
- 4 -
such activities, Lessee shall, without expense to the City,
during the full term hereof and becoming effective on the date of
such services, obtain and cause to be kept in force, liability
insurance coverage, in the amounts hereinafter stated, (including
but not limited to the liabilities set forth in ARTICLE V,
Indemnification, above), where applicable, Comprehensive General
Liability coverage, including products, completed operations, and
contractual (covering this Agreement), Automobile Liability
Insurance coverage and Workmen's Compensation, Aircraft
Liability, Passenger Liability and Hangar Keepers Liability. The
required minimum limits of coverage shall be as follows:
Airport/Fixed Base Operators Liability Insurance
Premises/Operations:
Bodily-Injury Liability
Personal Injury
Contractual Liability: (if applicable)
Products/Completed Operations:
(if applicable)
Aircraft Liability
Bodily-Injury ~ Property Damage
Combined
Passenger Bodily Injury
Hangarkeepers Liability
*To be tailored for. each FBO
based upon fair market value
of hangared aircraft as
approved by Airport Manager
$1,000,000 per occurrence
$1,000,000 Aggregate
$1,000,000 per occurrence
$1,000,000 Aggregate
$1,000,000 per occurrence
$1,000,000 Aggregate
$1,000,000 per occurrence
$ 100,000 each person
*highest single value - each
aircraft
*total of all values - each
occurrence
- 5 -
Comprehensive Automobile Liability
Automobiles owned by FBO -
Bodily Injury & Property Damage
Combined
Individual Automobiles
Workers' Compensation
Employers Liability
$1,000,000 each accident
Minimum of 100/300/50 or 500
Combined Single Limit
Statutory
$ 100,000 per person
Insofar as said insurance provides protection against liabil-
ity for damages 5o third parties for personal injury, death and
property damage, the City, its officials, officers and employees
shall be included as additional named insureds, provided,' however,
such liability insurance coverage, shall also extend to damage,
destruction and injury to City owned or leased property and City-
personnel, as caused by, or resulting from work, acts, operations
or omissions of Lessee, its officers, agents, employees, licen-
sees, invitees and independent contractors. The City shall have
no liability for any premiums charged for such coverage, and the
inclusion of the City as a named insured is not intended to, and
shall not make the City a partner or joint venturer with Lessee.
The minimum coverage herein set forth is in no way to be
construed to limit the amounts of coverage desired by Lessee.
As to.any insurance required by the provisions of this or any
other section of this Agreement, to be secured by or at the
direction of the Lessee, a certified copy of each of the policies
or a certificate or certificates evidencing the existence
thereof, except as otherwise herein required, shall be delivered
to the City at least ten (10) days prior to the beginning of the
term of this Agreement. Each such copy or certificate shall con-
tain a valid provision or endorsement that the policy may not be
canceled, terminated, changed, or modified without giving sixty
(60) days written advance notice thereof to the City. All
renewal policies shall be delivered to the City at least fifteen
(15) days prior to the expiration date of each expiring policy,
except for any policy expiring after the date of expiration of
the letting. Lessee agrees and covenants also to provide City'
with copies of all current certificates of operation required by
the Federal Aviation Administration and the Commonwealth of
Virginia for Lessee's fixed base operation, together with the
certificate(s) of required insurance coverage. Lessee covenants
to provide City with other such complete-and accurate written
information regarding Lessee's operation as City may deem
necessary to determine the sufficiency and adequacy of the
required insurance. Lessee further agrees and covenants that for
all applicable insurance coverage, Lessee hereby expressly waives
any right of subrogation against the City, its officials, agents
or employees and that Lessee will require such a waiver of the
right to subrogation in al1 applicable insurance policies by the
insuring entity.
Lessee further agrees and covenants to comply with any future
minimum insurance requirements established by Roanoke City
Council and applicable to Lessee's operation, including, without
limitation, any increase
insurance coverage.
in required amounts or types of
ARTICLE VII
LESSEE AS INDEPENDENT CONTRACTOR
In conducting its business hereunder, Lessee acts as an inde-
pendent contractor and not as an agent of City. The selection,
retention, assignment, direction and payment of Lessee's
employees shall be the sole responsibility of Lessee.
ARTICLE VIII
ASSIGNMENT
This Agreement, or any part thereof, may not be assigned,
transferred or subleased by Lessee, by process or operation of law
or in any other manner whatsoever, without the prior written con-
sent of City, such consent not to be unreasonably withheld.
For purposes of this Article, the sale or transfer of the
controlling portion of s~ock of a corporation, or a substantial
portion of the corporation's assets, shall be considered as an
assignment.
ARTICLE IX
NONDISCRIMINATION
Notwithstanding any other or inconsistent provision of this
Agreement, during the performance of this Agreement, Lessee, for
itself, its heirs, personal representatives, successors in
interest and assigns, as part of the consideration for this
Agreement, does hereby covenant and agree, as a covenant running
with the land, that:
- 8 -
A. No person on the grounds of
or national origin shall be excluded
denied the benefits of, or otherwise
tion in, the use of the Prelaises;
race, color, religion, sex
from participation in,
be subjected to discrimina-
B. In the construction of any improvements on, over or
under the Premises, and the furnishing of services therein or
thereon, no person on the grounds of race, color, religion, sex
or national origin shall be excluded from participation in,
denied the benefits of, or otherwise be subject to
discrimination;
C. Lessee shall use the Premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as
said regulations may be amended.
D. In the event of breach of any of the above non-
discrimination covenants, City shall have the right to terminate
this Agreement and to reenter and repossess the Premises and hold
the same as if said Agreement had never been made or issued.
This provision does not become effective until the procedures of
49 CFR Part 21 have been followed and completed, including
expiration of appeal rights.
ARTICLE X
REQUIREMENTS OF THE UNITED STATES AND
COMMONWEALTH OF VIRGINIA
This Agreement shall be sub3ect and subordinate to the provi-
sions of gny existing or future agreement between City and the
United States, or any agency thereof, or the City and the
Commonwealth of Virginia, relative to the operation or main-
tenmnce of the Airport, the execution of which has been or may be
required as a condition precedent to the expenditure of federal'
funds for the development or operation of the Airport. Lessee
agrees and covenants to enter into mhd consent to any amendment,
modification, deletion or other change in this Agreement which
the Commonwealth of
mmy be required by the United States or
Virginia.
Lessee agrees that
services to the public,
the use and benefit of
(a)
(b)
ARTICLE XI
SERVICES RENDERED
should it engmge in the provision of any
it will operate the Premises leased for
the public;
To furnish good, prompt, mhd efficient services adequate
to meet all the demands for its service at the Airport;
mhd
To furnish said service on a fair, equal, and non-
discriminatory basis to all users thereof.
- lO-
ARTICLE XII
SERVICES BY OWNER
It is clearly understood by the Lessee that no right or priv-
ilege has been granted which would operate to prevent any person,
firm or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own regular
full-time employees (including, but not limited to, maintenance
and repair) that it may choose to perform, subject to any and all
applicable federal, state and local rules and regulations.
ARTICLE XIII
NONEXCLUSIVE RIGHT
It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
exclusive right. · .
a. The Lessee
tire action program,
to ensure that no person shall,
color, national origin, or sex,
any employment, contracting, or
ARTICLE XIV
AFFIRMATIVE ACTION
assures that it will undertake an affirma-
as required by 14 CFR Part 152, Subpart E,
on the grounds of race, creed,
be excIuded from participating in
leasing activities covered in 14
CFR Part 152, Subpart E. The Lessee assures that no person shall
be excluded, on these grounds, from participating in or receiving
the services or benefits of any program or activity covered by
this subpart. The Lessee assures that it will require that its
covered organizations provide assurance to the Lessee that they
similarly will undertake affirmative action programs and that
they will require assurances from their suborganization, as
required by 14 CFR Part 152, Subpart E, to the same effect.
b. The Lessee agrees to comply with any affirmative action
plan or steps for equal employment opportunity required by 14
CFR Part 152, Subpart E, as part of the affirmative action
program or by any federal, state, or local agency or court,
including those resulting from a conciliation agreement, a con-
sent decree, court order, or similar mechanism. The Lessee
agrees that a state or local affirmative action plan will be used
in lieu of any affirmative action plan or steps required by 14
CFR Part 152, Subpart E, only when they"fully meet the standards
set forth in 14 CFR 152.409. The Lessee agrees to obtain a simi-
lar assurance from its covered organizations, and to cause them
to require a similar assurance of their covered suborganizations,
as required by 14 CFR Part 152, Subpart E.
c. The Lessee agrees that it will not discriminate against
any persons or class of persons by reason of race, color, creed,
or national origin in its employment practices or in providing
any services, or in the use of any of its facilities provided for
the public, in any manner prohibited by Title 49 CFR, Department
of Transportation Regulations, or in any manner prohibited by
Title VI of the Civil Rights Act of 1964.
City reserves
landing area of
desires or view
hindrance.
ARTICLE XV
RESERVATION OF RIGHTS
the right to further develop or improve the
the Airport as it sees fit, regardless of the
of the Lessee, and without interference or
City reserves the right, but shall not be obligated to
Lessee, to maintain and keep in repair the landing area of the
Airport and all publicly owned facilities of the Airport,
together with the right to direct and control all activities of
Lessee in this regard. Lessee'agrees and covenants that Lessee
shall not make any structural changes or improvements to the
Premises, or in any way change the physical appearance of the
Premises without the prior written approval of the City.
During the time of war or national emergency, City shall have
the right to lease the landing area or any part thereof to the
United States Government for military or naval use, and, if such
lease is executed, the provisions of this instrument insofar as
they are inconsistent with the provisions of the lease to the
government, shall be suspended.
City reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, any building or other
structure on or adjacent to the Airport which, in the opinion of
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the City, would limit the usefulness of the Airport or constitute
a hazard to aircraft.
The City, by its employees, agents, representatives and
contractors shall have the right,at all reasonable times and upon
reasonable advance notice, except in case of emergency, to enter
upon the Premises for the purpose of inspecting the same, and for
observing the performance by the Lessee of its obligations under
this Agreement or otherwise.
Without limiting the generality of the foregoing, the City,'
through its employees, agents, representatives, contractors, and
furnishers of utilities and other services shall have the right
for its own benefit, or for the benefit of the Lessee or for the
benefit of other tenants at the Airport, to maintain existing and
future utility, mechanical, electrical ~nd other systems, and to
enter upon the Premises at all reasonable times to make such
repairs, inspection, replacements and/or alterations the City may
deem necessary or advisable and, from time to time, to construct
or install over, in or under the Premises to be leased by the
Agreement of Lease new systems or parts thereof, and to use the
Premises for access to other parts of the Airport otherwise not
conveniently accessible; provided, however, that the exercise of
such rights shall not unreasonably interfere with the'use and
occupancy of the Premises by the Lessee, and that every reason-
able effort shall be made to restore the Premises to the con-
dition existing prior to the exercise of such rights.
The exercise of any or all of such rights by the City, or
others acting in behalf of the City shall not be construed to be
an eviction of the Lessee nor be made the grounds for any abate-
ment of fee or charge of any type, nor for any claim or demand
for damages, consequential or otherwise.
ARTICLE XVI
DEFAULT AND TERMINATION
A. Termination by Lessee. This Agreement shall be subject
to termination by Lessee in the event of any one or more of the'
following events:
1. The abandonment
2. The default by City in the performance of any of the
terms, covenants or conditions of this Agreement, and the failure
of City to remedy, or undertake to remedy5 to Lessee's satisfac-
tion, such default for a period of thirty (30) days after receipt
of notice from Lessee to remedy the same.
3. The lawful assumption by the United States, or any
authorized agency thereof, of the operation, control or use of
the Airport, or any substantial part or parts thereof, in such a
manner as to restrict substantially Lessee from conducting busi-
ness operations for a period
days.
B. Termination by City.
termination by City in
following events:
of th~ Airport as aa airport or airfield.
in excess of ninety (90) consecutive
This Agreement shall be subject to
the event of any one or more of the
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1. The default by Lessee in the performance of any of the
terms, covenants or conditions of this Agreement, and the failure
of Lessee to remedy, or undertake to remedy, to City's satisfac-
tion, such default for a period of thirty (30) days after receipt
of notice from City to remedy the same.
2. Lessee files a voluntary petition in bankruptcy,
including a reorganization plan, makes a general or other assign-
ment for the benefit of creditors, is adjudicated as bankrupt or
if a receiver is appointed for the property or affairs of Lessee'
and such receivership is not vacated within thirty (30) days
after the appointment of such receiver.
C. Exercise. Exercise of the rights of termination set
forth in paragraphs A and B, above, shall be by written notice to
the other party.
D. Removal of Property. Upon termination of this Agreement
for any reason, Lessee, at its sole expense, shall remove from
the Premises all signs, trade fixtures, furnishings, personal
property, equipment and materials which Lessee was permitted to
install or maintain under the rights granted herein. If Lessee
shall fail to do so within thirty (30) days, the City may effect
such removal or restoration at Lessee's expense, and Lessee
agrees to pay City such expense .promptly upon receipt of a proper
invoice therefor, or at City's election, City shall have the
righ~ to retain and make use of such property.
E. Causes of Breach; Waiver. Th'e waiver of any breach,
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violation or default in or with respect to the performance or
observance of the covenants and conditions contained herein shall
not be taken to constitute a waiver of any such subsequent
breach, violation or default in or with respect to the same or
any other covenant or condition hereof.
ARTICLE XVII
SIGNS
Ail signs must be constructed and erected in accordance with
the Graphic Standards approved by the City. Prior to the erec-'
tion, construction or placing of any such signs or advertising
matter on the Premises, the Lessee shall submit to the City for
its approval in writing, such drawings, sketches, design dimen-
sions and type, number and character of the sign or advertising
matter as necessary to obtain such approval.
ARTICLE XVIII
OPERATIONAL REQUIREMENT8
Lessee agrees and covenants that in the event it shall at any
time engage in the provision of any services to the public, it
shall comply with the following requirements:
Be responsible for the conduct, demeanor and appearance
of its employees. Upon receipt of any complaint or objection to
the conduct, demeanor or appearance of the employees, the Lessee
shall immediately take all reasonable steps necessary to remove
the cause of the complaint or objection. The Lessee shall
require all of its employees to carry badges or other suitable
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means of identification, all of which shall be subject to the
prior and continuing approval of the City. All Lessee personnel
required to hold FAA certificates and ratings, or any other such
certificates or rating required by any other agency having such
right of requirement shall maintain such certificates and ratings
in a current status and Lessee shall upon request provide City
with such current and accurate written verification as City may
deem necessary concerning the training, qualification and
experience of Lessee's employees, personnel, agents, or contracL '
tors;
ARTICLE XIX
COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
The Lessee shall comply with all federal, state and local
laws and ordinances, rules, regulations and orders applicable to
the operations of the Airport or to the Lessee's operation at
the Airport.
The Lessee shall, for the City's information, deliver to the
City promptly after receipt a true copy of any notice, warning,
summons, or other legal process for the enforcement of any such
laws, ordinances, rules, regulations or orders. The Lessee shall
indemnify and hold the City harmless from and against all claims,
actions, d~mages, liabilities, fines, penalties, costs resulting
from Lessee's non-compliance with such laws, ordinances, rules,
regulations or orders.
The Lessee shall have such time within which to comply with
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the aforementioned laws, ordinances, rules and regulations as the
authorities enforcing the same shall allow.
The Lessee covenants and agrees that it shall comply with the
following requirements:
To compel its officers, employees, guests, invitees, and
those doing business with it to observe and obey all applicable
rules and regulations of the City, now in effect or hereinafter
promulgated, governing the conduct and operation of the Airport.
Be responsible for the collection, storage and removal~
from the Premises of all garbage, debris and other waste
materials, either solid or liquid, arising out of its operation
on the Airport. Lessee covenants to keep the Premises free and
clear at all times of all such garbage, debris and other waste
materials. No such garbage, debris or ~ther waste materials
shall be thrown, discharged or deposited, or permitted to be
thrown, discharged or deposited on any bordering property of the
Airport;
Provide adequate fire extinguishing equipment and prop-
erly trained personnel suitable for protection of all
buildings, aircraft and materials normally handled. Such equip-
ment and training for personnel shall be in compliance with
federal, state and municipal statutes and ordinances. All such
equipment shall be kept in proper functioning order at all times.
This paragraph shall not be deemed to include fire trucks, crash
trucks, or sprinkler systems except where sprinkler systems are
required by the Building Code of the City of Roanoke, Virginia.
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ARTICLE XX
MISCELLANEOUS PROVISIONS
1. Entire Agreement. This Agreement constitutes the entire
understanding between the parties, and as of its effective date
supersedes all prior or independent agreements between the par-
ties covering the subject matter hereof. Any change or modifica-
tion hereof must be in writing signed by both parties.
2. Severability. If a provision hereof shall be finally
declared void or illegal by any court or administrative agency
having jurisdiction, the entire Agreement shall not be void, but
the remaining provisions shall'continue in effect as nearly as
possible in accordance with the original intent of the parties.
3. Governing Law. This Agreement shalI be governed by the
laws of Commonwealth of Virginia. ~ ·
4. Notice. Notice given by one party to the other shall be
sent by registered mail, return receipt requested, with postage
and registration fees prepaid:
(a)
(b)
If to City, addressed to: Office of the Airport
Manager, Terminal Building, Roanoke Regional Airport
Woodrum Field, Roanoke, Virginia 24012
If to Lessee, addressed to: Air Transport
Associates, Inc., t/a Air Transport Associates
c/o Charles D. Waring
3952 Bosworth Drive, S.W.
Roanoke, Virginia 24014
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written:
CITY OF ROANOKE, VIRGINIA
ATTEST:
City Clerk
By
(tit[e)
ATTEST:
Secretary
Approved as to Form:
AsSistant City Attorney
AIR TRANSPORT ASSOCIATES, INC.
t/a AIR TRANSPORT ASSOCIATES