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HomeMy WebLinkAboutCouncil Actions 10-27-8628408 ( Bowl~ REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 27, 1986 2:O0 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· All pr~ent. The invocation will be delivered by The Reverend Steve A. Spangler, Pastor, Waverly Place Baptist Church. Pr~e~. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS Bids for flood damage repair, Community Center, Norwich Park. One bid wa~ re~red to a commi~ee composed of M~srs. Go.land, Chairman, Snead and K~. CONSENT AGENDA (APPROVED) 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. C-1 ¢-2 Minutes of the regular meeting of Council held on Monday, October 6, 1986. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 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. (1) C-3 C-4 C-5 C-6 C-7 A communication from Council member David A. Bowers transmitting remarks of Judge Jack B. Coulter on the State of the Judiciary which were presented to the Roanoke Bar Association on October 14, 1986. RECOMMENDED ACTION: Receive and file. Qualification of Daniel E. Roanoke Civic Center Commission September 30, 1989. Wooldridge as a member of the for a term of three years ending RECOMMENDED ACTION: Receive and file. Qualification of Jack C. Smith for a term ending August 10, 1988, and Charles R. Saul for a term ending August 10, 1989, as members of the Economic Development Commission. RECOMMENDED ACTION: Receive and file. Qualification of Ronald E. Carlisle as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of two years ending June 30, 1988. RECOMMENDED ACTION: Receive and file. Qualification of Architectural Review October 1, 1990. Richard L. Meagher as a member of the Board for a term of four year's ending RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request of the Roanoke Branch N.A.A.C.P. to address Council with regard to the recent decision to rename the Commonwealth of Virginia Building after the late Governor J. Lindsay Almond, Jr. Ms. Evangeline B. Jeffrey, Spokesman. Rec~Lved and filed. Petitions and Communications: ao 1o A communication from the Industrial Development Authority requesting approval of a plan to assist Daly Seven, Inc., in financing the acquisition, construction and equipping of a 100 room motel facility in the City, by issuance of its industrial development revenue bond in an amount estimated at $2,000,000.00. Adopted R~o£u~on No. 28408 (7-0). (2) A communication from the Industrial Development Authority requesting approval of a plan to assist Chief Rentals in amending the Authority's outstanding $910,000.00 Aggregate Amount Industrial Development Revenue Notes issued March 17, 1981, to finance the acquisition· construction and equippinq of a restaurant facility in the City. Adopted R~olu~Lon No. 28409 (7-0). A report of the City Manager with regard to Industrial Revenue Bonds for the Innkeeper Motor Lodge of Roanoke, Inc. project (Daly Seven, Inc.), and the Chief Rentals project. Rece~Lved and fiZed. 1. A communication from Mr. Alton L. Knighton, Jr., Attorney, representing the Roanoke Redevelopment and Housing Authority, requesting approval of Council for the issuance of mortgage revenue bonds· Adopted Re~6o£cu~Lon No. 28410 (7-01. 2. A report of the City Manager recommending endorsement of the Roanoke Redevelopment and Housing Authority's application to the State for authorization to issue up to $600,000.00 of tax-exempt Mortgage Revenue Bonds in calendar 1986. Conc~redin recommend~on. A communication from the Roanoke City School Board requesting that $20,000.00 be appropriated for the Chapter II Competitive Grant for 1986-87. Adopted Ordinance ~o. 28411 (7-0). Reports of Officers: a. City Manager: None. b. City Attorney: 1. A report transmitting a Resolution changing the time for the regularly scheduled Council meeting of November 24, 1986, from 2:00 p.m. to 7:30 p.m. Adopted Reso£~on No. 28412 (7~0). A report recommending certain appropriation and revenue adjustments in connection with the close-out of Victim Witness Grant 86-A6292. Adopted Ordi~nce No, 28413 (7-0). A report recommending certain appropriation and revenue adjustments in connection with the close-out of Youth Services Grant 85-I-6. Adopted OrdyJnoJ~¢e No. 28414 (7-0). (3) 10. Reports of Committees: a. A report of the committee appointed to tabulate bids received for the Round Hill Pump Station, recommending that a lump sum contract be awarded to Mid-State Construction Company, Inc., in the amount of $50,860.00, and that a $5,000.00 contingency be established. Mr. Robert A. Garland, Chairman· Adopted Ordinance No. 284)5 and 0rdinance No. 28416 (6-0, A~ts. Bowl~ a~tained). b. A report of the committee appOinted to tabulate bids received for purified gas line replacement at the Roanoke Water Pollution Control Plant. Mr. Robert A. Garland, Chairman. Adopted Ordinance No. 28417 (7-0). Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: None. 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 the following p~o~s: Grady P. Gregory, Jr. Stanley G. Breakell, Jr. M~ty C. Mai~ Cha~ F. Herberg~ Robe~ H. Bennett, Jr. Frank T. Palko Building M~intenanoe Div~ion of the City's Bo~d of B~lding Code Appeals Flood Plain Committee Roanok~ Neighborhood P~t~tship Steering Committee (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of ~he Mayor October 22, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, October 27, 1986, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Coun- cil, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950) as amended. ' NCT:js Sincerely, Mayor Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240t t (703) 981-2444 Office c~ the City Clerk Uctober 29, 1986 File #132-306 Hr. David A. Bowers Council 'Member Roanoke, Virginia Dear Mr. Bowers: Your communication transmitting remarks of Judge Jack B. Coulter on the State of the Judiciary which were presented to the Roanoke Bar Association on October 14, 1986, was ~efore the Council of the City of'Roanoke at a regular meeting held on Monday, October 27, 1986. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 M, unlclt~al Building 215 Church Avenue, S.W, Roanoke, Virginia 240t I (703) 981-2541 Office of the Council October 20, 1986 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I thought you might be interested in Judge Coulter's remarks on the State of the Judiciary which were presented to the Roanoke Bar Association at its meeting on October 14, 1986. I would ask that this be received and filed as part of the Con- sent Agenda at our next meeting. Best personal regards to all of you. Sincerely, Council Member DAB:js Enc. Room 456 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 2401 t (703) 98t-2541 JACK B. COULTER., CHIEF ]UIDGE TWENTY-THIFLD JUDICIAL CIR. CUIT OF VI R. GI NIA OGT 1 ? REt'II COMMONWEALTH OF VIRGINIA October 16, 1986 David A. Bowers, Esquire 404 Shenandoah Building Roanoke, Va. 24011 Dear David: As you so kindly requested, I am pleased to enclose a copy of the State of the Judiciary Address that I gave Tuesday to the Roanoke Bar Association. C:d Enc. ' ncerel , / STATE OF THE JUDICIARY ADDRESS to ROANOKE BAR ASSOCIATION October 14, 1986 I welcome this opportunity to begin this program by inaugurating, with the permission of your program committee, a State of the Judiciary Report, hoping that it may become a regular biennial feature. To make the suggestion more attractive, I might add that I would not be giving the next one because it is our plan to rotate the position of Chief Judge every two years. My term will expire in January 1987. Since we've never had a local State of the Judiciary Address -- at least not to my knowledge -- I thought it might be interesting to submit a Review of What's Happened in the Legal Community Since I Went on the Bench in April 1975; to suggest several areas of local concern that demand attention from the bar; and to conclude with several requests that will help make our system more efficient. Most of my statistics and references will be to Roanoke City, with which I am more familiar; but corresponding developments of similar merit have occurred in Roanoke County and Salem. In 1975, there were 332 lawyers and judges listed in Martindale Hubbell for Roanoke and Salem; today there are 513, an overall increase of 181. According to Mr. Kincanon, total membership in the Roanoke Bar is now 432, whereas it -1- was 304 in 1975, a 42% increase. We had four Circuit Court Judges, not five; and two Juvenile and Domestic Relations Court Judges, not three. Volume 216 of the Virginia Reports was just off the press; today we are into volume 232. We had five inadequate circuit courtrooms; today we have nine. Thirteen Judge vacancies have been filled by eleven different people. Four of our living judges, not including Judge Brice, retired; and six judges and forty-three lawyers have died during these intervening years. NEW COURTHOUSES AND JAILS We have built and dedicated three new courthouses at a combined initial cost of 16.2 million dollars. Salem's at nearly two million was dedicated July 12, 1979; Roanoke City's at 8.7 million was dedicated December 16, 1982; and Roanoke County's at 5.5 million on March 30, 1985. Two new jails have been added, Roanoke County's at 5.25 million, dedicated in October 1980, increased capacity over the old jail from 28 to 104. Roanoke City's, occupied June 25, 1979, at a cost of 7.5 million provided a decrease in its capacity from 240 in the old jail to 192 in the present one. The state's projections had shown a need of only 162 beds; the Sheriff had to fight to get up to the 192. Two new pods are currently under construction at a cost of $750,000 that will add forty-four new beds, increasing the capacity to 236 by mid-March of 1987. And even at that, there is still no provision to incarcerate female juveniles. -2- LAW LIBRARIES Probably the greatest single improvement in our legal community has been the changes in our law libraries. In Roanoke we've grown from a small, crowded, dirty and unmanned hole-in-the-wall housing about 8300 volumes to spacious quarters with a lawyer's lounge and conference room, audio tapes, computerized research availability, over 18,500 books, -- and a full-time, fully-qualified librarian with a part-time assistant. PUBLIC DEFENDER SYSTEM In 1976 as a pilot project we initiated the Public Defender system for the City of Roanoke, which has added immeasurably to the efficiency of handling criminal cases at a sizeable reduction in costs. These young attorneys, who make a speciality of the criminal law, do a yeoman's job -- and constitute the only practical and realistic answer to the burgeoning problem of the private bar doing the job at such unreasonable fees and hourly rates. By using the Public Defender system in Roanoke, the State is saving $50,000 or more a year over the projected costs of using court-appointed attorneys exclusively. COMMUNITY DIVERSION A community diversionary program -- probably one of the first in the state -- was initiated in 1979 through our local Probation Office with no funding from the state, which ultimately contributed to the Community Diversionary Incentive Act and its implementation by the 23rd Judicial -3- Circuit on January 4, 1984. The state-sponsored Court Community Corrections Program now handles our diversionary efforts under the directorship of Jim Phipps and-a staff of five. Sixty-one different community agencies partic%pate in the program. The board, composed of nine members from the cities of Roanoke and Salem and the Counties of Roanoke and Botetourt, meets monthly to evaluate the feasibility of diverting court-ordered candidates from jail or the penitentiary to half-way houses and community service work in lieu of incarceration. Between January 1984 and August 1986 this program processed over 6000 cases, allowing diversion of over 100,000 days from jail, the equiv'alent of over 300 years in prison, representing a savings of over 4-1/2 million dollars in city and state prison diversions. During this period probationers completed 38,649 hours of community service, the equivalent of $129,474 of work at the minimum wage. And $17,265 in restitution was collected and paid directly to the victims. VICTIM-WITNESS ASSISTANCE A Victim-Witness Assistance Program was formally initiated in Roanoke City in 1984 and in Roanoke County and Salem in 1985. This is mainly an educational effort to acquaint victims and witnesses with the criminal justice system and of what to expect in court. Roanoke City has a full-time administrator, Jane Renick, who operates under an annual budget of $32,000. A part-time assistant will soon be added to the program to help specifically with spouse and child abuse cases in the Juvenile and Domestic Relations Court. In Roanoke County Crystal Markham is the full-time coordinator and Maggie Beirne is the part-time coordinator for Salem. For the fiscal year 1985-1986, Ms. Renick, or members of her volunteer staff, mostly student interns, oriented 1406 people by phone or in person; wrote 607 letters of orientation; contacted 2245 victims and 1464 witnesses; and conducted 56 counseling sessions; The figures for Roanoke County and Salem are equally impressive. SETOFF DEBT COLLECTION In another area of cost consciousness and as authorized by the Setoff Debt Collection Act (Sec. 58.1-520, et seq. of the Code of Virginia), the Commonwealth's Attorney of the City of Roanoke initiated a program in 1983 of setting off criminal fines and costs due the Commonwealth against tax refunds due citizens who had not paid their fines and costs. Since its inception, 1750 names have been processed, which has resulted in a collection of over $21,300 of unpaid fines and costs that would probably not otherwise have been paid. Roanoke County and Salem began this program in 1985 and have collected $5500 and $1050, respectively. cHANGES IN THE CLERK'S OFFICES Most of you are f~miliar with the dramatic changes that have occurred in our Clerk's offices. Almost all records have now been microfilmed. In Roanoke City we have six reader printers, costing $14,000 apiece, and can call up fully computerized tax records from the Treasurer's Office on three C.R.T.s. We are serving as a pilot project for the s~ate for the computerization of case management. All cases on the active docket in all three circuit courts are now on computer. This affords immediate access to the status of a given case; tells us who the attorneys are; what the last order entered was about; when it is set for trial; and other pertinent details about the case. There are still bugs in the system, and only the criminal docket is being totally utilized at the moment; but within a year case management by computers of all cases shouid be a reality. Another significant improvement will be the handling of fiduciary funds paid into court. They have been pooled into one master account with 220 separate entries now totaling 2.47 million dollars. This pooling enables the fund to earn more interest than an individual account could generate, and computerization makes it possible to call up almost instanteously an individual account, allocate interest earned to date, and identify its maturity date. SUBJECTS FOR CURRENT BAR INVOLVEMENT Having then'in hurried and abbreviated fashion outlined some of the major chan~es that have taken place in our judicial system in the past ten years, let me suggest several subjects of local concern that need the attention of the bar. JUDGE BRICE'S RETIREMENT 1. With the upcoming retirement of Judge Brice we must make sure that the need to fill that vacancy is ~ertified by the C.D.C. The Salem-Roanoke County Bar Association.has already adopted such a resolution; but the C.D.C., having state-wide responsibilities, is considerably influenced by comparable statistics. Some of the figures would indicate that we need only four judges to serve the needs of the General District Courts in the Roanoke Valley. We rank 28th out of 31, for instance, in population per General District Court Judge based on 4.4 judges; and 12th out of 14 urban courts in total cases heard per judge, hearing 19,030 cases per judge against the state average of 25,706. But new cases filed in the 23rd General District Court increased by 72% in 1985 over 1975 (84,621 as compared to 49,246 in 1975), while the total increase in new cases filed in the state increased by only 49% (2,310,211 in 1985 as compared to 1,551,203 in 1975). In 1975 with five judges the case load per judge in the 23rd was 9849. In 1985 with 4.4 judges the case load per judge has increased by 95.27% to 19,232. The fact that the average judge in the state might carry several thousand more cases than the ones in the 23rd might make out a case for increasing the total nhmber of state judges; but the near doubling of the judges' case load in the 23rd in ten years does not justify eliminating a judgeship. -7- It must be remembered in evaluating these statistics that the totals include traffic infractions (which seldom wind up in court} and that we do not have the la~ge and complex interstate highway systems that generate large numbers of traffic tickets which inflate the total statistics of northern and eastern districts. There are lies; There are damn lies; And then there are statistics. The point here is that certification of the need is essential before Judge Brice's successor can be named. There will be no vacancy without a certification. The matter is one of politics and negotiations. Senator Marye and Montgomery County are pushing hard for another full-time district court judge, which would be at the expense of our losing one. I submit most earnestly that reducing the number of our General District Court Judges from five to four would be a substantial and drastic step backward as far as the Roanoke Valley is concerned. BAR LIBRARY 2. Our Roanoke City Bar Library is now a source of great pride. I would rank its spectacular development as perhaps the greatest single improvement we've experienced over the past ten yeark. But we can make it even better. Fortesque Hopkins set a worthy example when in 1983 he donated his tax library of 700 books , 46 audio tapes, 8000 microfiche and two microfiche readers, valued at -8- $14,000, to the library; and others have made significant contributions. Toward increasing that trend, I would hope that specific bequests to our library could be s~ggested or encouraged by those drafting wills or planning estates. With continuing legal education now mandatory, the creation of a C.L.E. center within the library would be a great asset. Many programs are, and will be, available on video tapes. To accomplish this, however, a V.C.R. and TV are needed. Certain non-legal encyclopedias, such as the Encyclopedia Americana, are necessary additions if we are to meet the standards of the American Association of Law Libraries. Subscriptions to daily newspapers such as the Wall Street Journal, with a newspaper rack would add considerably to the effectiveness and enjoyment of the library. And we do not have such single volume works as the Bible, a legal thesaurus and a World Almanac, which are required by the standards. The bar has been generously responsive in the recent past, but even more aggressive support by gift or appropriation would make our library even better than it now is. PUBLIC DEFENDER SYSTEM 3. The PubIic Defender system, if it is to survive, needs financial assistance which the political impact of a concerned bar could provoke. The five assistants of the Public Defender for the City of Roanoke are hired at a salary range of $21,000-$28,000. The salary of the chief --9-- assistant is $28,000. The Commonwealth's Attorney has seven assistants, five at the lowest pay scale of $31,450-$44,050. The most junior assistant commonwealth's attorne~ makes 12% more than the most senior assistant public defender.' The range of the chief assistant Commonwealth Attorney is from $38,350-$53,650. It doesn't take much analysis to realize the problems in morale, job dissatisfaction and turnover that this disparity creates. Just as the hourly rate for the private bar representing indigent defendants must continue to be upgraded, so must the salaries for public defenders be improved. OUR OVERCROWDED JAILS 4. The overcrowding of our jails and state prisons is a problem that we've had ever since I've been on the bench. We have simply not kept pace with the increase in crime and the demands for more humane conditions in incarcerating human beings. Diversionary programs by which people who have committed a criminal offense are diverted from jail have helped; but the imposition of mandatory sentences, which cannot be suspended, offset to a large extent the diversionary programs. Habitual offenders, for instance, -- those people who have been adjudicated an habitual offender, presumably because of a bad driving record, -- when caught while driving, must serve one year in the penitentiary or twelve months in jail "no portion of which maybe suspended." But the state will not take custody of anyone sentenced to only one year -- and yet invariably the -10- defendant will take the one-year sentence rather than the twelve months in jail because he is eligible to be released in less than three months under the one-year sentence, but must serve about eight months under the twelve month~ sentence. That's a colorful and dramatic example of when twelve months does not equal one year. Try to explain the logic of such results to the layman and little wonder that our judicial system lacks credibility. Localities such as Roanoke must do more on its own to meet this ever-increasing problem. The state is building more cells, but will simply not build enough. It is not politically popular to build prisons when there is so much more demand for the tax dollar from voting citizens -- and felons don't vote. A regional city-county work-farm may well be the answer to the local problem. The cost effectiveness is immediately appealing. The program could produce enough food to feed the prison population and would provide significant outdoor activity that would help alleviate the problems of idleness and boredom. Problems associated with the management of such work-farms and the need for regional cooperation may make such a project unfeasible, but at the very least a serious study would be more than justified. The idea needs a lobby -- and the bar is its natural spokesman. Such a program should be included in any long-range planning of city-county needs -- but I don't believe that it is. What is going to happen five to ten years down the road when we -11- have 300 or more people sentenced to jail or awaiting trial and there is no way to accommodate the overflow? SPECIFIC REQUESTS Having advanced quite gratuitously several specific proposals for the improvement of our legal community, let me conclude this part of the program by setting forth some specific requests from the judges that would help us in discharging our responsibilities and make the administration of the 1. cases, judicial system more efficient: In your pleadings or correspondence about pending please always use the full names of the parties and the file number. 2. In your orders hearing was held; viz., always recite the date the actual "This day, October 14, 1986, came the parties hereto, etc." 3. Be conscious of the survey checklist most of us use in divorce cases. A sample form is in the material on your table. Get in the habit of using it, or having your secretary check it out, BEFORE submitting your papers to the judge. 4. Attorneys must now deliver orders of publication to the newspaper themselves. Because of recent experiences of running the same ~ad twice, the attorney and the Clerk both forwarding the same ad'and hence doubling the cost, the Clerk will no longer mail the ad to the newspaper. Such is new the sole responsibility of the attorney, and he must make sure that all time requirements are complied with. And now let's get to your specific questions. ~ -12- Office of the City Oerk October 29, 1986 File #15-192 Mr. James W. Burks, Jr. Chairman Roanoke Civic Center Commission 1836 Grayson Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Burks: This is to advise you that Daniel E. Wooldridge has qualified a member of the Roanoke Civic Center Commission for a term three years ending September 30, 1989. as Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: ~qr. Bob E. Chapman, Manager, Civic Facilities Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254~1 0-2 Oath or Affirmation of Office State of Virginia, Citer of Roanoke, to.wit: I .... Daniel £. i'ooldridqe · do solemnly swear (or affirm) that ! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me a ~e~ber oe t~e roanoke Civic Center Co~,ission ~or a term of three year.~ ending -- September 3(!, 196.q, according to the best of my ability. So help me God. //~ ~ Office c~ the O~ Oe~ October 13, 1986 File #15-192 Mr. Daniel E. Wooldridge 15 Benbrook Circle, N. W. Roanoke, Virginia 24012 Dear Mr. Wooldridge: At a regular meeting of the Council of the City of Roanoke held on Monday, October 6, 1986, you were reelected as a member of the Roanoke Civic Center Commission for a term of three years ending September 30, 1989. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk PIFP:se Eric. cc: Mr. James W. Burks, Jr., Chairman, Roanoke Civic Center Commission, 1836 Grayson Avenue N. W , Roanoke Virginia 24017 ' ' , Mr. Bob E. Chapman, Manager, Civic Facilities Room 456 Municipal Duildlng 215 O~urch Av~que, S.W. Roono~e, Vlrglnlo 24011 (703) 98'1-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 6th day of October, 1986, DANIEL E. WOOLDRIDGE was reelected as a member of the Roanoke Civic Center Commission for a term of three years ending September 30, 1989. Given under my hand and seal of the City of Roanoke this 13th day of October, 1986. City Clerk Office ~ the City Oerk October 29, 1986 File #15-450 Mr. James O. Trout Chairman Economic Development Commission Roanoke, Virgi. nia Dear Mr. Trout: This is to advise you that Jack C. Smith has qualified for a term ending August 10, 1988, and Charles R. Saul has qualified for a term ending August 10, 1989, as members of the Economic Development Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 450 Municipal Building 215 C~urch Av~que, S.W. Roanc~e, ~rginla 240t I (703) 981-2541 0-2 Oath or Affirmation of State o~ Virginia, Cit~ of Roanoke, to .ugt: I, Jack C. SKi'th ECE,VEO '86 O~I 22 /19:_5' -, do solemnly Swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties iucumbent upon me as.__ member of the Econc~/c ~evel~t Cc~misS/On for a term endirEj August 10, 19~8, according to the best of my ability. So help me God. Subscribed swo O~ce of ~he Ci~' C]e~ August 19, 1986 File #15-450 Mr. Jack C. Smith 14 West Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Fir. Smith: At a regular meeting of the Council of the City of RoanoKe held on Monday, August 11, 1986, you were elected as a member of the Economic Development Commission for a term ending August 10, 1988. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Hr. ~ames O. Trout, Chairman, Economic Developmen~ Commission Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254t COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 11th day of August, 1986, JACK C. SMITH was elected as a member of the Economic Development Commission for~ a term ending August 10, 1988. Given under my hand and seal of the City of Roanoke this 19th day of August, 1986. City Clerk 0-2 Oath or Affirmation of L£RI~S I,. Charles p. Saul · do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution et the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as_ member o£ the Economic Development Cor~is~ien £er a term endin£ AuEust 10, 1989~ according to the best of my ability. So help me God. Subscribed and sworn to before me, this. . . Off~ce of the Q~, Clerk August I9, 1986 File #15-450 Hr. Charles R. Saul 4602 Hazel Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Saul :. At a regular meeting of. the Council of the City of Roanoke held on Monday, August 11, 1986, you were elected as a member of the Economic Development Commission for a term ending August 10 1989. , Enclose~ you will find a certificate of your election and an Oath or Affirmation of Office w,ich may be administered by the Clerk of t,e Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. 1;. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to whic, you were elected. Si ncere]y, ~'lary F. Parker, CMC City Clerk HFP:se Enc. cc: Mr. James O. Trout, Chairman, Economic Development Commission Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2,.54'~ COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 11th day of August, 1986, CHARLES R. SAUL was elected as a member of the Economic Development Commission for a term ending August 10, 1989. Given under my hand and seal of the City of Roanoke t~is 19th day of August, 1986. City Clerk Office cf the 0~ Oenk October 29, 1986 File #15-429 Mr. F. Wiley Hubbell Chairman Board of Trustees, City of Roanoke Pension Plan 5712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to advise you that Ronald E. Carlisle has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of two years ending June 30, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. Joel M. Schlanger, Pension Plan Secretary-Treasurer, City of Roa~'oke Room 456 Municipal Building 215 (~urch Av~'~ue, S.W. Roonoke, Vlrginlo 24011 (700) 981-2541 0-2 ~' CL · · . £Rt~S OFF ": Oafh or Afflrmaf~on of Office ~'- - '86 ~1~ 22 P2:5~ $~ of Yiw~, Oit~ oJ Roanoke, ~o .~: I ~1 ~u~rt the Constitution o~ the gnited States, ~u~ the Co~stit.tion o~ t~e State ol ~irgini~, ..d th.t I w~l fait~l, ll~ ~n~ i~p.~iMl~ discharge ~nd perform ~1] the duties iueu~bent upon me .s according to the best of my ability. So help me God. Subscribed and s.orn to before ri, e, this ~ _day of. ('~ (~.~. /q~SC-~::~ Deputy Clerk July 31, 1986 File #15-429 Mr. Ronald E. Carlisle 2315 Meadowbrook Road, N. Roanoke, Virginia 24017 Deer Mr. Carlisle: At a regular meeting of the Council of the City of Roanoke held on Monday, July 28, 1986, you were elected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of two years ending June 30, 1988. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. Sincerely, Mary F. Parker, C~C City C1 erk MFP:se EnCo cc: Mr. F. Wiley Hubbell, Chairman, 3712 Peakwood Drive, S. W., Roanoke, Virginia 24014 Mr. Joel M. Schlanger, Secretary-Treasurer, City of Roanoke Pension Plan Room456 MunlclpolBulldlng 2150'~urchAv~"~e,S.W. Roanc~e,V~rglnla24011 (703)981-2541 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wi t: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 28th day of July, 1986, RONALD E. CARLISLE was elected as member of the Board of Trustees, City of Roanoke Pension Plan, for a term of two years ending June 30, 1988. Given under my hand and seal of the City of Roanoke this 31st day of July, 1986. City Clerk October 29, 1986 File #15-249 Mr. W. L. ~hitwell Chairman Architectural Review Board 1255 Keffield Street, N. W. Roanoke, Virginia 24019 Dear Mr. Whitwell: This is to advise you that member of the Architectural ending October 1, 1990. Richard L. Neagher has qualified as a Review Board for a term of four years Si ncerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mrs. Evelyn S. Gunter, City Planner Room 456 Municil:~al Building 215 (~urch Avenue, S.W. Roanoke. Vlrglnla 240t I (703) 981-2541 0-2 '8~ ~T 22 ~ ot Vir~, Cit~ oI Roa~ke, to .~: I, Richard L. ~,!ea~her , do solemnly swear (or affirm) that w~l sup~ the Constitution of the United States, and the Constitution of the State of Virginia, and that w~l faithfully and impa~ially discharge and perform all the duties incumbent upon me as member ee the Architectural Revie~,~ %ard for a tern of ~our years ending October 1, 1990, according to the best of my ability. So help me God. y .~L~")f~A ~CCO0/~ J Deputy Clerk October~ 17, 1986 File #15-249 Mr. Richard L. Meagher 3612 Keagy Road, S. W. Roanoke, Virginia 24018 Dear Mr. Meagher: At a regul.ar meeting of the Council of the City of Roanoke held on Monday, October 13, 1986, you were reelected as a member of the Architectural Review Board for a term of four years ending October 1, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. W. L. Whitwell, Chairman, Roanoke, Virginia 24019 Chief of Community Planning 1255 Keffield Street, N. W., Room456 MunlclpalBuildlng 2150nurchAv~"~ue, S.W. Roanoke, Virglnla240t1 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 13th day of October, 1986, RICHARD L. MEAGHER was reelected as a member of the Architectural Review Board for a term of four years ending October 1,.1990. Given under my hand and seal of the City of Roanoke this 20th day of October, 1986. City Clerk Office of the Council October 29, 1986 File #11-524 Ms. Evangeline B. Jeffrey President N .A .A .C .P. P. O. Box 12362 Roanoke, Virginia 2402.5 Dear Ms. Jeffrey: Your remarks with regard to the recent decision to rename the Commonwealth of Virginia Building after the late Governor J. Lindsay Almond, Jr., were before the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986. On motion, duly seconded and unanimously adopted, your remarks were received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room456 MunlcipolBulldlng 2tSO~urchAvenue, S.W. Roanoke, Vlrginla24011 (703)98~-2541 ROANOKE BRANCH C NATIONAL ASSOCIATION F~OR~I~I~ o~t~- ADVANCEMENT OF COLORE~ PEOPLI~ ~ ~NO~ VI~IN~ 2~25 OFFICE: OF THE CiTY ATTORNEY 464 MUNICII~AL. BUILDING ROANOKE. VIRGINIA 24011 703-981-2431 October 17, 1986 Rr. CEI~ L,; CITY CLEP, ES OFFICE '86 (lC! 17 P1:24 Carolyn J. Moss Secretary of Administration Corr~nonweaIth of Virginia Richmond, Virginia 23219 Re: Renaming of Commonwealth of Virginia Building Dear Ms. Moss: Thank you for your letter of October 6, 1986, in response to Resolution No. 28368 of Roanoke City Council authorizing the renaming of the City-owned Commonwealth of Virginia Building and urging the Commonwealth to agree to the lease amendment to permit such name change. In your letter, you suggested that renaming the building, "The J. Lindsay Almond, Jr., State Office Building," would serve the purpose of the resolution as well as maintaining the State identity of the building. You further requested that I prepare an amendment to the lease and forward to you for approval. In accordance with your suggestion, I have prepared an amendment to the lease of March 28, 1984, renaming the Commonwealth of Virginia Building as "The J. Lindsay Almond, Jr., State Office Building." I have suggested that the amendment be effective January 1, 1987, in order to give the occupants of the building adequate notice to deal with items such as stationery, business cards, etc. All other terms and conditions of the lease remain the same. Thank you for your attention with respect to this matter. WCDj :ps Attachment Very truly yours, Wilburn ling, Jr. City Attorney cc: The Honorable J. Granger Macfarlane The Honorable Clifton A. Woodrum The Honorable A. Victor Thomas The Honorable C. Richard Cranwell The Honorable Mayor and Members of City Council ~a~'Robert Herbert, City Manager ry F. Parker, City Clerk October 9, 1986 File #524 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr, Dear Mr. Dibling: For your information and handling as you deem appropriate, I am enclosing copy of a communication from Carolyn J. Moss, Secretary of Administration, Commonwealth of Virginia, with regard to renaming of the Commonwealth of Virginia Building. Si ncerely, Mary F. Parker, C~C City Clerk MFP:se Enc. cc: Honorable Mayor and Members of Roanoke City Council Room 456 Municipal Building 215 Church Avenue, S.W. Roonoke, ~rglnla 24011 (703) 98t-2541 October 9, 1986 File #524 The Honorable A. Victor Thomas Member, House of Delegates 3028 Lockridge Road, S. W. Roanoke, Virginia 24014 Dear Oelegate Thomas: Council member James O. Trout requested that I forward to you the enclosed communication from Carolyn J. Moss, Secretary of Administration, Commonwealth of Virginia, with regard to renaming of the Commonwealth of Virginia Building, for your information. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eric. Roo,-n 456 /vganicipal Building 2'15 Church Avenue, $.W. Roanoke, Virginia 24011 (70~) 98t-254'1 October 9, 1986 File ~524 The Honorable Clifton A. Woodrum, Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 III Uear Delegate Woodrum: Council member James O. Trout requested that I forward to you the enclosed communication from Carolyn J. Hoss, Secretary of Administration, Commonwealth of Virginia, with regard to renaming of the Commonwealth of Virginia Building, for your information. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MunlclpolBulicllng 215(~urchAve~ue, S.W. Roanoke, Vl~glnla24011 (703)981-2541 October 9, 1986 File #524 The Honorable C. Member, House of P. O. Box 459 Vinton, Virginia Richard Cranwell Delegates 24179 Dear Delegate Cranwell: Council member James O. Trout requested that I forward to you the enclosed communication from Carolyn J. Moss, Secretary of Administration, Commonwealth of Virginia, with regard to renaming of the Commonwealth of Virginia Building, for your information. Sincerely, Mary F. Parker, CMC City Clerk IqFP:se Enc. Room456 Munlcilcx~lBuilcllng 2150'~urchAv~ue, S,W. Ro~noke, Vlrglnla24011 (703)981-2541 Carolyn J. Moss Secretary of Administration COMMONWEALTH o.f Office of the Governor Richmond 23219 October 6, 1986 Ms. Judith M. St. Clair Deputy City Clerk City of Roanoke Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Ms. St. Clair: Thank you for your recent letter and the attached resolution concerning the renaming of the Commonwealth of Virginia Building in honor of the late Honorable J. Lindsay Almond, Jr. I am responding on behalf of Stuart W. Connock Secretary of Finance, as well. ' We would be pleased to consider such an amendment. A great deal of effort and thought went into establishing a consolidated office building in the Roanoke area, and it would be appropriate to maintain the present image of a state office building in this part of the state. Naming the building, "The J. Lindsay Almond, Jr., State Office Building," would serve the purpose of the Resolution as well as maintain the identity of the building. I suggest that your attorney prepare the amendment and send it to me for review and approval prior to a public announcement. The effective date of the name change should be established to allow time for the Commonwealth to adequately notify the occupants of the building regarding any impact this may have on items, such as stationery, business cards, etc. We are pleased to cooperate with you in this commemorative action honoring the late Governor Almond. CC' Si~q rely, , CarolyV~ '~. Moss The Honorable Stuart W. Connock Mr. Wendell L. Seldon Off~¢e of the Qty October 28, 1986 File #207 Mr. Jack C. Smith, Chairman Industrial Development Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28408, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit o¢ Daly Seven, Inc., to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday October 27, 1986. ' Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke Virginia 24001 Mr. Harwell M. Darby, Attorney, P. O. Box 2887 Roanoke, Virginia 24001 ' Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27thday of October, 1986 No. 28408. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), has considered the application of Daly Seven, Inc., 1020 Piney Forest Road, Danville, Virginia 24540, or a related entity which will own the Project and enter into a contract with Daly Seven, Inc. for the operation of the Project (the Company), requesting the issuance of the Authority's industrial development revenue bond in an amount estimated at $2,000,000.00 (the Bond) to assist in the financing of the Company's acquisition, construction and equipping of a 100 room motel facility (the Project) on a 2.087 acre parcel, being Lots 1-A and l-B, Orange Avenue Industrial Park (adjacent to Jones Safety Supply) on the S.E. intersection of Orange Avenue and Gainsboro Road, in the City of Roanoke, Virginia, and has held a public hearing thereon on September 30, 1986. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in Which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the City), the Project is to be located in the City and the City Council of the City of Roanoke, Virginia (the Council) constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the City Council approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the City Council. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The City Council approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Bond or the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith and credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 2 3. The City's "Local Allocation", as such term is defined in Executive Order 54(85) issued January 23, 1985 by the Governor of Virginia, as revised (the Executive Order), having been heretofore depleted, the City Manager is hereby authorized and directed to take such action as may be necessary or expedient to apply for and obtain additional bond issuing authority from the "State Reserve," as such term is defined in the Executive Order, for dedication to the Project. 4. This Resolution shall take effect immediately upon its adoption. 3 GLENN, FLIPPIN~ OLERKS OFF,gE ~o.~O~E,Wr~O~ ~4oo, '86 OP, l October 3, 1986 HAND DELIVERED Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke, Virginia Gentlemen and Mrs. Bowles: At its meeting held September 30, 1986, Development Authority of the City of Roanoke, public hearings for two items as follows: the Industrial Virginia held Daly Seven, Inc.; $2,000,000.00 for the acquisition, construction and equipping of a motel facility in the Orange Avenue Industrial Park; and Chief Rentals; $910,000.00 Aggregate Amount Amended Industrial Development Revenue Note. Enclosed are the usual papers relating to the public hearing and resolutions which the City Council should consider at its meeting on October 13th 1986. Cordially yours, Harwell M. r. HMDJR:krb:742000:712000 cc: Wilburn C. Dibling, Esq. w/encs. Mr. Jack C. Smith w/encs. Mr. W. Robert Herbert w/encs. Donald L. Wetherington, Esq. w/encs. RECEIVED CITY CLERt~S OFFICE October 3, 1986 The Honorable Mayor and Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Dear Mrs. Industrial Development Authority of the City of Roanoke, Virginia Proposed Financing for Daly Seven, Inc. Bowles and Gentlemen: Daly Seven, Inc. (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company in financing the acquisition, construction and equipping of a 100 room motel facility (the Project) in the City of Roanoke, Virginia, by the issuance of its industrial development revenue bond in an amount estimated at $2,000,000.00 (the Bond). As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Bond as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bond as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) a fiscal impact statement required by §15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolutio~~ counsel to evidence your approval./~ ~ ' r~t~y o ~ ~-t ~nd~~~ Deve~ent Authority~of ~he Enclosures Ci~anoke, V~rgi~a CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies as follows: 1. A meeting of the Authority was duly called and held on September 30, 1986 at 4:00 o'clock p.m., in the City of Roanoke, Virginia, pursuant to published notice and notice given to each Director of the Authority prior to such meeting in accordance with law. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. At such meeting each Director of the Authority was present or absent throughout as follows: p. IRECTOR ATTENDANCE John J. Butler Present Russell O. Hannabass Present Stanley R. Hale Present W. Bolling Izard Absent Sam H. McGhee, III Present Jack C. Smith, Chairman Present Robert W. Woody Absent The Chairman announced the commencement of a public hearing on the application of Daly Seven, Inc. (the Company) and that the Secretary of the Authority had caused the publication of a notice at least 14 days prior to the hearing once a week for two successive weeks, the latter publication having been not less than 6 nor more than 21 days prior to the date of the public hearing in a newspaper having general circulation in the City of Roanoke, Virginia (the Notice). copy of the Notice as certified by the publisher has been filed with the minutes of the Authority and is attached hereto as Exhibit A. The following individuals appeared and addressed the Authority: None. 2. Attached hereto as Exhibit B is a true, and complete copy of a resolution (the Resolution) such meeting of the Authority by a majority of the Directors present at such meeting, with the ayes and nays being recorded in the minutes DIRECTOR John J. Butler Russell O. Hannabass Stanley R. Hale Sam H. McGhee, III Jack C. of such meeting as follows: A Smith, Chairman correct adopted at VOTE Aye Aye Abstain Aye Aye The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and the~<~ the/7. Authority, this 3rd day of October, 19~6, ~ ~ )/~ . . ~//~ ×/ ~e/cI ~, Industr~ia~ Deve~p- menI ~t~rity of the~City 6f Roa~ ~e, ~ginia ~. (SEAL) ~ AD NL~BER - 9/51250[ Pb~6LISHER'S FEE- $198o72 HARWELL M DARBY JR 315 SHENANDO&H BLDG RGANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN OFFICER OF TIMES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER ~UBLISHED IN ROANOKE, IN THE STATE OF ~/IRGINIA, DO CERTIFY THAT THE ANNEXED '~OTICE WAS PUBLISHED IN SAID NEWSPAPERS DN THE FOLLOWING DATES 09/16/86 MORNING 09/23/86 MORNING ~ITNESS, THIS.,2,.~,TH DAY OF SEPTEMBER1986 EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, there have been described to the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), the plans of Daly Seven, Inc. (the Company), to acquire, construct and equip a 100 room motel facility (the Facility) in the City of Roanoke, Virginia (the City); and WHEREAS, the Company in its appearance before the Authority and in its application attached hereto as Exhibit A has described the benefits to the County and has requested the Authority to agree to issue its industrial development revenue bonds under the Virginia Industrial Development and Revenue Bond Act (the Act) in such amounts as may be necessary to finance the cost of acquiring, construction and equipping the Facility; BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the location of the Facility for the Company in the City of Roanoke will bring additional revenues and employment into the City and will promote the industrial development and economy of the City, benefit its inhabitants, increase their commerce and promote their safety, health, welfare, convenience and prosperity. 2. To induce the Company to locate the Facility in the City, the Authority hereby agrees, subject to required EXHIBIT B approvals and the compliance of the proposed issue with applicable law, to assist the Company to finance the acquisition, construction and equipping of the Facility by undertaking the issuance of its industrial development revenue bonds therefor in an amount now estimated at $2,000,000.00 upon terms and conditions to be mutually agreed upon between the Authority and the Company. The Facility shall be sold by the Authority to the Company pursuant to an installment sale agreement which will provide payments to or for the benefit of the Authority sufficient to pay the principal of, premium, if any, and interest on the bonds and to pay all other expenses in connection with the acquisition, construction and equipping of the Facility. The bonds shall be issued in form and pursuant to terms to be set by the Authority and the payment of the bonds shall be secured by an assignment for the benefit of the holders thereof, of the Authority's rights to payments under the installment sale agreement and may be additionally secured by a mortgage of the Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction and equipping of the Facility, the Authority hereby agrees that the Company may proceed with plans for the Facility, enter into contracts for such acquisition, construction and equipping and take such other steps as it may deem appropriate in connection therewith, provided that 2 nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Facility. The Authority agrees that the Company may be reimbursed from the proceeds of the bonds for all costs so incurred by it subsequent to the passage of this resolution. The Authority also agrees, if requested, to issue its notes to obtain interim financing for the Facility on terms to be mutually agreed upon, such notes to be guaranteed or otherwise secured by the Company as required by the lender and the Authority. 4. The Authority shall accept, if requested, from or on behalf of the Company conveyance of such land in the City on which the Facility will be located. The officers of the Authority are hereby authorized and directed to accept and, if required, have recorded a proper deed or deeds in connection with such conveyance. If for any reason the bonds are not issued, the Authority shall convey such property to the Company or to such other person as the Company may request, without cost other than the expense of preparation and recordation of such deed or deeds of conveyance. 5. The Authority agrees, if requested, to accept the recommendation of the Company with respect to the appointment of an agent or underwriter for the sale of the bonds and the bond counsel with respect to the supervision of the proceedings and approval of the issuance of the bonds pursuant to terms to be mutually agreed upon. 6. The Company having requested the appointment of Glenn, Flippin, Feldmann & Darby, Roanoke, Virginia, as bond counsel in connection with the issuance of the bonds, the Authority hereby appoints Glenn, Flippin, Feldmann & Darby as bond counsel to supervise the proceedings and approve the issuance of the bonds. 7. The Chairman of the Authority is authorized, if requested by the Company, to initiate a proceeding in the Circuit Court of the City of Roanoke, Virginia to provide for the judicial validation of the bonds authorized hereby pursuant to Article 6 of the Public Finance Act, as amended, and in connection therewith, to take whatever further action, with advice of bond counsel and counsel for the Authority, he may deem necessary or desirable. 8. All costs and expenses in connection with the financing and the acquisition, construction and equipping of the Facility, including the fees and expenses of bond counsel, counsel to the Authority and the agent or underwriter for the sale of the bonds, shall be paid from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefor. 9. The Authority intends that the adoption of this resolution be considered as "official action" toward the issuance of the bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. 10. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and if requested by the Company, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate power of attorney naming counsel selected by the Company for such purposes. 11. The Tax Reform Act of 1984, in amending Section 103 of the Internal Revenue Code, limits the amount of tax exempt private activity bonds which the Authority can issue. The Authority can give no assurance that the issuance of its bonds for the Project will not be subject to these limits. This resolution does not represent an allocation under the City's bond allocation authority. 12. A public hearing has been held as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. The Authority hereby recommends that the City Council of the City of Roanoke, Virginia, approve the issuance of the bonds. 5 INDUSTRIAL DEVELOPMENT AU?HORI?¥ OF ?HE C~T¥ OF ROANOKE, VIRGINIA APPLICATION FOR AUTHORITy F~NANCING Section 1 Information Concerning Applicant Name of Applicant: Daly Seven, Inc. or assigns 1020 Piney Forest Road Danville, Virginia 24540 Federal Employer ID ~ 54-1170916 Mailing Address: Name of applicant's representative to be contacted for additional information: Name Robert J. Daly Mailing Address if Different from Applicant 2245 North Hills Drive, Suite F Raleigh, North Carolina 27612 Mailing Address if Different from Applicant Telephone No. (919) 787-3856 Name(s) of Principal User(s), if Different from Applicant: N/A Federal Employer ID % Type of business presently conducted by applicant, .Operation and management of Innkeeper Motel chain if any: 5. Present location of applicant's principal place of business, if any: 6. In what year was business started? 1971 7. If.s corporation, ~lve state of lncorporstio,~ Virginia If · subsidiary of another corporation, give name, state of incorporation and mailing address of parent corporation: N/A If a corporation, g~ve names and residence addresses of the principal officers, directors, and major stockholders {ten percent or Bore): See separate sheet attached. 10. If. applicant is a partnership, give {a) name of state under whose la~s it is organized: N/A ~ and ih) City or County in which /ts principal off,ce is located: 11. If a partnership, state whether general or limited: N/A 12. If a partnership, give names and residence addresses of all present partners and indicate whether general or limited: N/A 13. If applica.nt is a joint venture or other business entt+., ,--- a corporation or partnership), describe and gave names and residence addresses of all prznc~pals: N/A 14. 15. If applicant proposes to undertake the facilit~ through . subsidiary corpora}ion, . .ne. to be formed by applicant, gzve detazls: The pro~eet will be faced ~rough a Virginia corporation to be formed, the name of which will be Innkeeper MOtor kodge ~f'Roanoke, Inc. and the stockholders and officers of which will be substan~ia!ly th~'. .~m~ as those i.~,.[ified in the ansv~r to Question 9. This corporation w~±l ~u~ tuto a mana~nent a~reement with Daly Seven, Inc. which will operate the r~tel. Identify any officers, directors, or shareholders {except shareholders of publicly trade~ corporations} vho hold any state or local elective or appointive offzce, and state the office held: 16. Describe any relationships between the applicant and principal users and any member of the Authority or City Council: None Section 2 Information Concerning Facility Sought To Be Financed Type of facility: (a) industrial ; lb) commercial lC) other ; if so, describe Motel - Is the facility a 'Basic Employment Project. as this term is defined on page 3 of the Governor's Executive Order 54(85)? [ X] Yes [ ] No If so, in which category? Motel Is the facility an "Exempt Project' as this term is defined in on page 3 of the Governor's Executive Order 54(85)? [ ] Yes [ x] No If so, in which category? Indicate whether facility sought to be financed is a ia) new facility X ; (b) existing facility __; or (c) addition to or modification of existing facility Type of business or activity to be conducted and purpose of facility sought to be financed· Explain proposed use of facility by applicant and/or others and, if a manufacturing plant, the type of products to be manufactured: Motel business Specific site location, if known, including street number, if available: Blocks lA and lB in the Southwest Community Development Fund property in the southwes~ quadrant of the intersection of Orange Avenue and Interstate 581. General description of proposed facility (describe type of construction square footage, amount for each operation such as manufacturing, storage, office, etc.): A 100 room Innkeeper motel facility 8. Name and address of architect, Robert A. Hahn, AIA 3005-B Patriot Court Greensboro, North Carolina 9. Name and address of contractor, Daly Seven, Inc. 1020 Piney Forest Road Danville, Virginia 24540 10. if selected: Telephone No. (919) 292-7578 27408 if selected: Telephone No. (809 If site has been selected, give name of present owner Southwest Virginia Community Development Fund 793-6162 (s): 11. If an existing facility (a) what is its present use? 12. N/A ; (b) number of regular ; and (c) employees presently employed on year round basis average annual salary per such employee $ If'applicant is not the present owner of the site, state what, if anything, has been done concerning the location and acquisition of a site by or on behalf of the applicant. Option dated August 22, 1986 13. 14. 15. If specific location of proposed facility is known, state the present zoning classification of the land under the Zoning Ordinance of the City of Roanoke: L-M If specific location is known, is a zoning change required? YES NO X . Xf yes, state the zoning classification required: Does the site of the proposed facility require governmental expenditure for roads, utilities, etc.? Describe. No 16. Are funds from ot~ : government sponsored pi lrams involved in this project? Describe~ ~ l?. Estimated number of regular employees to be employed on year round basis after acquisition or completion of facility: 25 30 18. What net number of jobs will be created or retained as a direct result of the Project? 25 - 30 (See the Executive Order at page 10, 19. Average annual salary per such employee: $ 8,500.00 20. Estimate the annual payroll after completion of the facility: $233,?50.00 Identify skills of new employees, the availability of such skilled employees, proposed wage scale, and training needs: Most of the jobs will be for threshhold ~loyees, though there will be manag~_nt and desk-keeper jobs created as well. 22. State the growth potential for the facility in terms of sales, employment, and plant expansion: No plansatthistimeforexpansion. 23. If application is approved by the Authority, when would applicant anticipate issuance of bonds and work on the facility started? Ass o on as possible. Section 3 Cost of Facility and Financin9 Estimated total cost of proposed facility: $ 2,250,000.00 Maximum amount of financing sought through the Authority: $ 2,000,000.00 Items of cost to be paid from Authority financing (i.e., land, building, equipment, legal, etc.): The applicant expects to make an equity contribution tothe project in theamount of approximately 13%. If financing is approved, does applicant to be sold by (a) private placement offering Not yet decided. expect the Authority bonds ; or (b) public If by private placement, has applicant received a commitment or other assurance from a bank or others with respect to the sale of the bonds? NO x Elaborate: Have made inquiries and initial response favorable. If by public offering, name Name N/A and address of underwriter desired: ~ailin9 Address Telephone No. Name and address of bond counsel desired: Name Glenn, Flippin, Feldmann&Darby ( ) Mailing Address P. O. Box 2887 l%~3noke, Virginia 24001 Telephone No. (703) 344-3000 What percent of the Total Project is to be financed with than proceeds of Private Activity Bonds? 13% Executive Order, page ]0, item 6) funds other (See the What increase will result in the Assessed Value of the Real Property? (See the Executive Order, page 10, item 7). $1,500,000.00 Will the facility be: (a) located in a locality that is certified under the Department of Economic Development's Community Certification Program? [ ] Yes IX ] (b) located in an Urban Enterprise Zone? [ X] Yes [ ] No; or (c) a Multi Jurisdictional Basic Employment or Exempt Project? [ ] Yes [ X] No. (See the Executive Order, pages 8-]0). items Section 4 ~ax Information If the site of the proposed facility is known, state the current assessed value for real estate tax purposes of the land, and improvements thereon. Land Improvements TOTAL $ Current yearly real property tax on the proposed site: $ · -0- Estimated taxable value of the facility's real property (buildings and improvements) to be constructed: $ 1,500~000.00 Estimated real property tax per year with respect to the facility when completed on real property to be constructed (buildings and improve- ments) using present City of Roanoke tax rates: $ 20,100.00 Estimated personal property tax per year with respect to the facility when completed, using present City of Roanoke tax rates: $ 7,350.00 Estimated merchants' capital tax per year with respect to the facility when comp!eted, using present tax rates: $ N/A Estimated dollar value per year of goods and services that will be purchased locally by applicant or other users of the facility: $ nominal except for initial construction costs Section 5 Inducement Explain how the requested financing by the Authority will enable or induce applicant to locate in or remain in the City of Roanoke and the Commonwealth of Virginia? The availabilityofindustrial develola~ent revenue bond financing is a substantial factorinourdecisiontolocatetheproject in the City of Roanoke in the C~,~onwealth of Virginia. It is understood and agreed by the Applicant that Applicant (a) will, upon the filing of this application, pay to the Authority $1,250.00 (appli- cation fee of $500.00 and Authority counsel fee of $750.00) and in addition (b) will pay when billed the cost of necessary advertisement of any public hearing required to be held with respect to this application, and lc) will pay, when billed, all other costs and expenses of the Authorlty,.including t£~ reasonable fees of its legal counsel, with respect to this application and any Authority or Roanoke City Council meetings held in connection there~ with. Also in addition, Applicant understands and agrees that in the event the Authority approves the application and adopts an inducement resolution with respect thereto and thereafter authorizes the issuance of its bonds or notes to finance a facility on behalf of the Applicant all costs of the Authority in connection with any such issue, Including the reasonable fees of its legal counsel and bond counsel, will be paid either from the proceedt of the issue or directly by the Applicant, or if such bonds or notes are issued for any reasons, then directly by the Applicant. The Applicant understands that the approval or disapproval of this application is within the discretion of the Authority and that if approved by the Authority the requested financing must also be approved by the City Council of the City of Roanoke; that the Authority and/or City Council may require additional financial and other information from the Applicant; that the Authority reserves the right to approve or disapprove Bond Counsel with respect to each issue~ that if this application is approved and Authority bonds or notes are thereafter issued all financing documents shall be in form and substance satisfactory to the Authority, its legal counsel and Bond Counsel and shall include provisions satisfactory to the Authority, with respect to indemnifying the Authority and payment by Applicant to the Authority of its closing fee of .025% of the principal amount of the issue, with a minimum of $250 and a maximum of $2,500, and additional funds as may be necessary on an annual basis to be applied to the Authority's general operating and audit expense while such bonds or notes are outstanding; and that if the Authority adopts an inducement resolution with respect to the issuance of bonds or notes on behalf of Applicant and thereafter before the issuance of its bonds or notes determines (1) that any material information furnished the Authority or the City Council by or on behalf of the Applicant is false or misleading, (2) if after the adoption of such resolution the proposed financing is not thereafter approved by the City Council of the City of Roanoke, or (3) if the Authority deems the Applicant to have taken insufficient action toward closing the requested financing, the Authority, in any such event, reserves and sba1! have the right to revoke or rescind such inducement resolution which the Authority has entered into with Applicant, after not less than ten (10) days written notice of the Authority's intention so to do, addressed and mailed to the Applicant at its addres~ given in this Application. If the proposed financing is approved by the Authority and the City Council, and for any reason, the bonds or notes are not issued prior to the end of the current calendar year, the inducement and authorization to issue bonds shall terminate and abate, and be of no further effect at midnight on the last day of the calendar year. Respectfully submitted this day of September , 1986__. PLEASE NOTE Individual applicants shall each sign the application. If Applicant is a corporation, the application is to be made and signed in the full proper name of the corporation as it appears in its Articles of Incorporation, by a duly authorized officer thereof who shall give his title, and if a partnership, in the full proper name of the partnership as it appears in its Certificate of Partnership, by one or more general partners. If additional space is needed to properly respond to any question, refer to and attach an additional numbered sheet at end of application. If any question is not applicable, indicate by inserting Information required by Question 9 to Application for Authority Financing. The officers and major stockholders of Daly Seven, Inc. are as follows: Philip N. Daly, Jr., President Danville, Virginia Patrick L. Daly, Treasurer Danville, Virginia Jon M. Daly, Vice President Lexington, North Carolina James F. Daly, Vice President Lexington, North Carolina Shelayne K. Daly, Secretary Greensboro, North Carolina Robert J. Daly, Chairman Raleigh, North Carolina Charisse M. Daly of Danville, Virginia is also a major stockholder. FISCAL IMPACT STATEMENT Date: September 30, 1986 Applicant: Daly Seven, Inc. Facility: 100 Room Motel Facility 4. 5. 6. Maximum amount of financing sought $ 2,000,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,500,000.00 Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates $ 20,100.00 $ 7,350.00 N/A Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year-round basis Average annual salary per employee Nominal, except for initial construction 25 - 30 $ 8,500.00 ~irman of the ~l~gt-r~ ~ (D~velopment Authority of ~fhe City of Roanoke, Virginia Office of the C~ty Clerk October 28, 1986 File #207 Mr. Jack C. Smith, Chairman Industrial Oevelopment Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28409, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Chief Rentals to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EnCo CC: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke, Virginia 24001 Mr. Harwell M. Darby, Attorney, P. O. Box 2887, Roanoke, Virginia 240(]1 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Munlcil:x)l Building 215 O~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-254'~ IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of October, 1986 No. 28409. VIRGINIA A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Chief Rentals to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), has considered the application of Chief Rentals (the Company) whose principal office is at 2522 Colonial Avenue, Roanoke, Virginia 24015, requesting the amendment of the Authority's outstanding $910,000.00 Aggregate Amount Industrial Development Revenue Notes which were issued March 17, 1981 by the Authority to change the interest rate (the Amended Notes); the Authority's Notes were originally issued to finance the cost of the acquisition, construction and equipping of a restaurant facility (the Project) located at 2522 Colonial Avenue in the City of Roanoke, Virginia, and the Authority has held a public hearing thereon on September 30, 1986. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the City), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the Council) constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Amended Notes; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Amended Notes, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Amended Notes by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Amended Notes, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Amended Notes of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Amended Notes shall provide that neither the City nor the Authority shall be obligated to pay 2 the Amended Notes or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxng power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 3 '86 :25 October 3, 1986 The Honorable Mayor and Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Industrial Development Authority of the City of Roanoke, Virginia Proposed Amendment to Notes Chief Rentals Dear Mrs. Bowles and Gentlemen: Chief Rentals (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company in amending the Authority's outstanding $910,000.00 Aggregate Amount Industrial Development Revenue Notes which were issued March 17, 1981 by the Authority to finance the cost of the acquisition, construction and equipping of a restaurant facility (the Project) in the City of Roanoke, Virginia. The purpose of the amendment will be to change the interest rate on the Notes. As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Amended Notes as requested. The Authority has conducted a public hearing on the proposed amendment of the Notes and has recommended that you approve the issuance of the Amended Notes as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) a fiscal impact statement required by §15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution s3/~ your approval. Enclosures counsel to evidence ~t~y of the'.Ind~strial £~nt Authority~f the oke, Virginia CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies as follows: 1. A meeting of the Authority was duly called and held on September 30, 1986 at 4:00 o'clock p.m. at the Roanoke Valley Chamber of Commerce, 14 West Kirk Avenue, in the City of Roanoke, Virginia, pursuant to published notice and notice given to each Director of the Authority prior to such meeting in accordance with law. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. At such meeting each Director of the Authority was present or absent throughout as follows: pIRECTOR John J. Butler Russell O. Hannabass Stanley R. Hale W. Bolling Izard Sam H. McGhee, III Jack C. Smith, Chairman Robert W. Woody ATTENDANCE Present Present Present Absent Present Present Absent The Chairman announced the commencement of a public hearing on the application of Chief Rentals (the Company) and that the Secretary of the Authority had caused the publication of a notice at least 14 days prior to the hearing once a week for two successive weeks, the latter publication having been not less than 6 nor more than 21 days prior to the date of the public hearing in a newspaper having general circulation in the City of Roanoke, Virginia (the Notice). A copy of the Notice as certified by the publisher has been filed with the minutes of the Authority and is attached hereto as Exhibit A. The following individuals appeared and addressed the Authority: None. 2. Attached hereto as Exhibit B is a true, correct and complete copy of a resolution (the Resolution) adopted at such meeting of the Authority by a majority of the Directors present at such meeting, with the ayes and nays being recorded in the minutes of such meeting as follows: DIRECTOR VOTE John J. Butler Aye Russell O. Hannabass Aye Stanley R. Hale Aye Sam H. McGhee, III Aye Jack C. Smith, Chairman Aye The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. (SEAL) WITNESS my hand and the seal of the Authority, this 3rd day of October, 1986.~~/ Secr, ry~ Induser±~l merit Roano/ '~~nia A" NUMBER - g1512501 PUBLISHER'S FEE - HARNELL i,~ DA&BY JR 315 SHENAiNtDO~.It BLDG ROANOKE VA 24011 STATE OF VIRGINIA ' ITY OF RGAN{}KF AFFIDAVIT OF PUBL I CA TI ON I, (THE UNDERSIGNED) AN OFFICER OF TIHES-~OFLD CORPORATION, WHICH CCR- ;)ORATION IS PURLISH~FR L~F THE R~ANOK~ TIMES & WCALD-NEWS, A DAILY NEWSPAPEE ~UBLISHED IN ReANOK~, IN THE STATE OF ~ [RGINIA, DE CERTIFY THAI THE ANN~XFD NOTICE WAS PIJBLISHEL) t'~'i SAID NEWSPAm~FS [qN THE FGLLPWING DATES rig/L6/86 MORNING 09/23/86 MOPNING ~tTNESS~ EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA September 30, 1986 WHEREAS, heretofore on March 17, 1981, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) issued its $910,000.00 Aggregate Amount Industrial Development Revenue Notes (Chief Rentals Project) (the Notes) at a stated interest rate of 11%, and payable on the first day of each month in equal monthly installments. WHEREAS, the Notes were issued pursuant to the terms of a Note Purchase Agreement and Agreement of Sale dated as of March 1, 1981 (the Note Purchase Agreement) among the Authority, Chief Rentals, a Virginia partnership (the Purchaser) E. Crafton Warren, Florence Warren, E. C. Warren, II, Sue C. Warren and W. F. Mason, Jr. (the Individual Guarantors) and The Roanoker Restaurant, Inc., a Virginia corporation (the Corporate Guarantor) (collectively, the Guarantors) and Colonial American National Bank, a national banking association organized under the laws of the United States of America with offices in Roanoke, Virginia (the Bank); and WHEREAS, the Notes were secured by a Deed of Trust dated as of March 1, 1981 (the Deed of Trust) from the Authority to certain named trustees, which Deed of Trust was recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1463, page 1932; and EXHIBIT B WHEREAS, the Project, as defined in the Note Purchase Agreement, was sold pursuant thereto to the Purchaser pursuant to a Deed of Assumption dated as of March 1, 1981 (the Deed of Assumption) between the Authority and the Purchaser pursuant to which the Purchaser undertook the Authority's obligations as to payment of the Notes; and WHEREAS, the Purchaser and the Bank have agreed to amend the terms of the Notes to reduce the interest rate from 11% to 8% per year; and WHEREAS, the Bank and the Purchaser have requested that the Authority amend the terms of the Notes to carry out the terms of their agreement; and WHEREAS, there has been conducted by the Authority a public hearing as required by Section 103(k) of the Internal Revenue Code of 1954, as amended; and NOW THEREFORE, the Authority adopts this resolution subject to the approval by the City Council of the City of Roanoke, Virginia of the amendment of the Notes. 1. There have been exhibited to the directors of the Authority the following documents necessary to amend the Notes and provide for the change of interest rate as requested by the Bank and the Purchaser: A. The Authority's Notes, as amended (the Amended Notes); and, B. A Modification to the Deed of Trust, Deed of Assumption and Guaranties dated as of October 1, 1986. 2. The Authority finds that the amendment of the Notes will be in furtherance of the purposes for which the Authority has been given statutory authorization, and in particular to enable the Authority to promote industry and develop trade by inducing a commercial enterprise to locate in or remain in this Commonwealth, and that such action will be for the benefit of the inhabitants of the City of Roanoke, Virginia and of the Commonwealth of Virginia, either through the increase of their commerce, or through the promotion of their safety, health, welfare, convenience or prosperity. 3. The Chairman of the Authority is hereby authorized and directed to execute the Amended Notes, and the Secretary of the Authority is hereby authorized and directed to affix the seal of the Authority to the Amended Notes, and either is authorized to deliver the Amended Notes to the Bank; with the understanding that the Bank will hold the Notes and the Amended Notes until the Amended Notes are paid in full. 4. The Chairman of the Authority is hereby authorized and directed to execute and deliver the Modification to Deed of Trust, Deed of Assumption and Guaranties. 5. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, and to take all such further action as they may consider necessary or desirable in connection with the issuance and delivery of the Amended Notes. 6. Ail other acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and delivery of the Amended Notes, are hereby approved and confirmed. 7. There having been held a public hearing as required by the terms of ~103(k) of the Internal Revenue Code of 1954, as amended, the Authority recommends that the City Council of the City of Roanoke approve the issuance of the Amended Notes. FISCAL IMPACT STATEMENT Date: September 30, 1986 Applicant: Chief Rentals Facility: The Roanoker Restaurant 2522 Colonial Avenue 4. 5. 6. e Maximum amount of financing sought $ 910,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 500,000.00 Estimated real property tax per year using present tax rates $ 7,546.50 Estimated personal property tax per year using present tax rates $ 1,100.00 Estimated merchants' capital tax per year using present tax rates $ N/A Estimated dollar value per year of goods and services that will be purchased locally $ 650,000.00 Estimated number of regular employees on year-round basis 80 Average annual salary per employee $ 8,500.00 /D~velopment Authority of the ~ity of Roanoke, Virginia Office of the City C~erk October 28, 1986 File #207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to Industrial Revenue Bonds for the Innkeeper Motor Lodge of Roanoke, Inc. project (Daly Seven, Inc.), and the Chief Rentals project, was before the Council of the City of Roanoke at a regular meeting held on Monday October 27, 1986. ' On motion, duly seconded and unanimously adopted the report was received and filed. Si ncerely , Nary F. Parker, CIqC City Clerk MFP CC: :se Mr. Jack C. Smith, Chairman, Industrial Authority, 14 West Kirk Avenue, Roanoke, Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Virginia 24001 Mr. Harwell M. Darby, Attorney, P. O. Box 2887 Virginia 24001 ' Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Development Virginia 24011 Roanoke, Roanoke, Room 456 Munlci~:x:ll Building 215 C~u~ch Avenue, S.W. Roanoke, Vlrginlo 240t t (703) 98t-2541 CITY CLERKS OFFICE '86 o~r 21 ,P~:44 Roanoke, Virginia October 27, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Industrial Revenue Bond Allocation State Reserve and Request for Amendment of Industrial Revenue Notes (Chief Rentals Project) The City administration concurs in the recommendation of the Industrial Revenue Bond Authority to: Request from the State Reserve, a $2,000,000 revenue bond allocation for construction of an Innkeeper Motor Lodge at Orange Avenue and Gainsboro Road Allow Colonial American National Bank to modify the interest rate on loan no. 0424309-9001 in the name of Chief Rentals, Inc., to either 75% of Colonial American National Bank's prime rate, adjusted monthly, or 8.0% fixed rate. In the event that the interest the bank earns on this loan is declared to be taxable income, the rate will be 10.75% fixed. This rate is to be effective with the date the bank is given to include the interest as taxable income. The Innkeeper Motor Lodge project is not in compliance with the Gainsboro Redevelopment Plan. The City administration's concurrence and a council vote should not be construed by any of the parties that we concur in changing the redevelopment plan until there is further study. However, because any change in the redevelopment plan would take about 90 days, and all applications for the State Reserve must be at the Department of Housing and Community Development (allocation administration) no later than 5:00 p.m., on October 31, 1986, this matter is being submitted for your consideration as to financin~ only. Respectfully submitted, W. Robert Herbert City Manager WRH:mpf cc: Assistant City Manager Director of Finance City Attorney Bond Counsel Office of fl~e City Cler~ October 28, 1986 File #207 Mr. Herbert D. McBride Executive Director City of Roanoke Redevelopment and Housing Authority P. U. Box 6359 Roanoke, Virginia 24017 Dear Mr. McBride: I am enclosing copy of Resolution No. 28410, approving the plan of financing of the City of Roanoke Redevelopment and Housing Authority of the acquisition, construction and rehabilitation of one-family to four-family residences to the extent required by Section 147(f) of the Internal Revenue Code, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EFlC. CC: Mr. Alton L. Knighton, Jr., Attorney, P. O. Box Roanoke, Virginia 24004-0720 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance 720, Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th Day of October, 1986 No. 28410. A RESOLUTION approving the plan of financing of the City of Roanoke Redevelopment and Housing Authority of the acquisi- tion, construction and rehabilitation of one-family to four-family residences to the extent required by Section 147(f) of the Internal Revenue Code, as amended. WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the Authority) desires to issue one or more revenue bonds or notes in an amount not to exceed $600,000 (the Bonds), the proceeds of which will be loaned to individuals who have not yet been identified for the purpose of financing the acquisition, construction and rehabilitation of one-family to four-family residences located in the City of Roanoke, Virginia, at least one dwelling unit in each of which resi- dences will be occupied by the owner of such residence, and which loans will be made only to the owners of the residences being financed (the Owners), and has held a public hearing thereon on October 27, 1986; WHEREAS, Section 147(f) of the Internal Revenue Code, as amended (the Code), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the City), the financed residences (the Residences) are to be located in the City and the Council of the City of Roanoke, Virginia (the Council) constitutes the highest elected governmental officials in the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing and a fiscal impact statement have been filed with the Council; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing of the Residences and the issuance of the Bonds by the Authority, as required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Residences; provided that, (a) unless the Council shall have taken official action granting any approvals required by Section 36-19.1 and Section 36-19.2 of the Virginia Housing Authorities Law (the Act), the Authority shall not make loans for the construction of new Residences, and (b) without the prior approval of the Council, the Authority shall not make loans with respect to Residences located in areas of the City not within redevelopment or conservation areas or rehabilitation districts designated as such by the Council pursuant to Sections 36-51, 36-51.1 or 36-52.3 of the Act. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Owners. The Bonds shall provide that neither the Commonwealth of Virginia (the Commonwealth), the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. ATTEST: Clerk Clerk -2- Ms. Mary F. Parker Clerk of City Council Municipal Building Roanoke, Virginia 24011 982-4232 October 14, 1986 In re: City of Roanoke Redevelopment and Housing Authority; Mortgage Revenue Bonds Dear Mary: The Housing Authority would like to be in a position to issue mortgage revenue bonds again this year. The new tax bill would require that the same type of public approval be obtained for mortgage revenue bonds as is now required for commercial and industrial financings (although there are still some unresolved questions as to the effective date for this new requirement). We would like to proceed with City Council approval in order that bonds might be issued this year. Accordingly, I am enclosing fifteen copies of a proposed resolution for Council pertaininq to the bonds. I would be most appreciative if you would have this matter placed on Council's agenda for October 27, 1986. It is quite possible that we will need to submit an applica- tion for an allocation to the State no later than the end of this month and that the Council approval will need to take place prior to the submission of the application. Given these circumstances, we will need to have the resolution adopted no later than the October 27 meeting. Due to the notice requirements for the Authority's public hearing, that hearing must also be held on i ' October 27, mmedlately prior to the Council meeting. I have discussed this with Bill Clark, and he has no problems with this approach. Ms. Mary F. Parker October 14, 1986 Page Two Also enclosed for your files are a certificate of the public hearing held by the Authority, a fiscal impact statement and a copy of the Authority's resolution recommending that Council approve the issuance of the bonds. Although the public hearing has not yet been held by the Authority, we believe that these enclosures will, in fact, be accurate. Should there be any com- ments at the public hearing, however, we would need to furnish a new exhibit to the certificate. (Based on past experience, it seems highly unlikely that any comments would be forthcoming.) Bill and Wil Dibling have already reviewed the enclosed items and have no problems with them. I would note for their benefit that the enclosed items are in the same form as the last drafts which they received, except that the word "Report" has been changed to "Certificate" on the exhibit to the certificate. Please let me know if you should have any questions. Sincerely, WOODS, ROGERS & HAZLEGROVE Alton L. Knighton, Jr. ALKjr/ldp Enclosures cc: Donald J. Bean Mr. William F. Clark Mr. Wilburn C. Dibling, Jr. CERTIFICATE OF PUBLIC HEARIN~ A public hearing was conducted by the City of Roanoke Redevelopment and Housing Authority (the Authority) at 12:30 p.m. on October 27, 1986 on the plans of the Authority to issue up to $600,000 of its revenue bonds or notes (the Bonds), the proceeds of which will be loaned to individuals who have not yet been identified for the purpose of financing the acquisi- tion, construction and rehabilitation of one-family to four-family residences located in the City of Roanoke, Virginia. At least one dwelling unit in each of such resi- dences will be occupied by the owner of such residence. Such loans will be made only to the owners of the residences being financed. Notice of such hearing was published on October 13, 1986 and October 20, 1986 in the Roanoke Times & World-News. The public hearing was held at the Authority's office, 2624 Salem Turnpike, N.W., Roanoke, Virginia. At the meeting those persons interested in the issuance of the Bonds or the location and nature of such residences were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit A attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council of the City of Roanoke, Virginia (the Council). Accordingly, the Authority hereby recommends to the Council that it approve the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code, as amended. Dated October 27, 1986. CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Executive' Director Exhibit A to Certificate of Public Hearing The following public comments were received: None FISCAL IMPACT STATEMENT Date: October 27, 1986 Applicant: Facility: City of Roanoke Redevelopment and Housing Authority One-family to four-family residences located in the City of Roanoke, Virginia 4. 5. 6. 7. 8. Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis Average annual salary per employee $600,000 SUncertain SUncertain $ N/A $ N/A $ N/A N/A $ N/A Signature: uz v Chairman City of Roanoke Redevelopment and Housing Authority If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. October 27, 1986 DATE APPROVED ITEM NO. RESOLUTION NO. RESOLUTION RECOMMENDING APPROVAL OF A FINANCING FOR OWNER-OCCUPIED RESIDENCES. WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the Authority) desires to issue, under the Virginia Housing Authorities Law (the Act), up to $600,000 of its revenue bonds or notes (the Bonds), the proceeds of which will be loaned to individuals who have not yet been identified for the purpose of financing the acquisition, construction and rehabilitation of one-family to four-family residences located in the City of Roanoke, Virginia (the City), at least one dwelling unit in each of which residences will be occupied by the owner of such residence, and which loans will be made only to the owners of the residences being financed (the Owners); and WHEREAS, pursuant to Section 15.1-1378.1 of the Code of Virginia and Section 147(f) of the Internal Revenue Code, as amended, the Authority has held a public hearing on the issu- ance of the Bonds and the financing of such residences (the Residences); NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: 1. The Authority hereby finds that the loan of the proceeds of the Bonds to the Owners to be used for the acquisi- tion, construction and rehabilitation of the Residences, and the issuance of the Bonds to provide such proceeds, is permit- ted under the Act, is in keeping with the purposes of the Act, and will benefit the residents of the City. 2. The Authority shall undertake the issuance of the Bonds, upon terms and conditions to be determined by the Authority at a later date. 3. The Chairman or the Vice Chairman of the Authority is hereby authorized to institute a proceeding on the Authority's behalf in the Circuit Court of the City of Roanoke to provide for the judicial validation of the Bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia, as amended, if counsel for the Authority or bond counsel shall deem such a proceeding to be necessary or desirable, and, in connection therewith, to take such action, including the taking of an appeal, that either such counsel deems necessary or desirable in order to provide for the validation of the Bonds. 4. The officers of the Authority are authorized to perform such other acts as they may deem necessary or desirable to implement the Authority's undertakings as hereinabove set forth, including making any application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate -2- power of attorney naming bond counsel or counsel for the Authority for such purposes. 5. The Authority hereby recommends that the City Council of the City (the. Council) approve the financing of the Resi- dences and the issuance of the Bonds. 6. The officers of the Authority are hereby authorized and directed to deliver to the Council (a) a reasonably de- tailed summary of the comments expressed at the aforesaid public hearing, (b) a fiscal impact statement concerning the Bonds in the form specified in Section 15.1-1378.2 of the Code of Virginia, and (c) a copy of this resolution, which consti- tutes the recommendation of the Authority that the Council approve the financing of the Residences and the issuance of the Bonds. 7. Unless the Council shall have taken official action granting any approvals required by Section 36-19.1 and Section 36-19.2 of the Act, the Authority shall not make loans for the construction of new Residences. Without the prior approval of the Council, the Authority shall not make loans with respect to Residences located in areas of the City not within redevelop- ment or conservation areas or rehabilitation districts des- ignated as such by the Council pursuant to Sections 36-51, 36-51.1 or 36~52.3 of the Act. -3- Office of the Cl~y C]en~ October 28, 1986 File #178 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending endorsement of the Roanoke Redevelopment and Housing Authority's application to the State for authoriza- tion to issue up to $600,000.00 of tax-exempt Mortgage Revenue Bonds in calendar 1986, was before the Council of the City of Roanoke at a'regular meeting held on Monday, October 27, 1986. On motion, duly seconded and unanimously adopted, Council con- curred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Alton L. Knighton, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004-0720 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator I:~oom456 MunlcipalBuildlng 215C~urchAv~'~ue, S.W, Roanoke, VIrgl~la24011 (703)981-2541 RECEI,zED CITY CLERt'iS OFF~CE '86 ~T 21 Roanoke, Virginia October 27, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Issuance of Mortgage Revenue Bonds by the Roanoke Redevelopment and Housing Authority for the Private Rehabilitation Loan Program I. BACKGROUND: A. RRHA has issued tax-exempt mortgage revenue bonds (MRB's) to a group of local lending institutions each year since 1981. Proceeds from each bond ($600,000 in calendar 1986) have funded the Private Rehabilitation Loan Program under which loans (currently at 9% interest) are made to homeowners to rehabilitate or buy and rehabilitate their homes in the City's Conservation and Redevelopment Areas and Rehabilitation Districts. City has participated in the Private Rehabilitation Loan Program by establishing a loan loss reserve fund from CDBG funds equal to 10% of the bond amount, and by reimbursing the RRHA for expenses of administering the Program, also from CDBG funds. II. CURRENT SITUATION: New federal tax legislation will have dramatic effect on all tax exempt bond issues, including the Private Rehabilitation Loan Program. The bonds are unlikely to be as attractive to local lenders, so the loans may not be as beneficial to borrowing homeowners. Staff of the Cit¥~ the RRHA~ and representatives of the lending institutions are considering how the Program may be structured in 1987 to be most beneficial. Issuance of tax-exempt bonds before end of 1986 requires allocation from the State, which in turn requires application endorsed by City Council. D. General Application package has been prepared by RRHA and is submitted to you for your approval. October 27, 1986 Page 2 III. ISSUES: A. Ability of RRHA to issue mortgage revenue bonds B. Flexibility to adjust design of Loan Program C. Cost to the City D. Timing IV. ALTERNATIVES: Endorse the RRHA's application to the State for authorization to issue up to $600,000 of tax-exempt mortgage revenue bonds in calendar year 1986. 1. Ability of RRHA to issue MRB's will be enhanced by Council's endorsement of their application to the State. Flexibility to adjust design of the Loan Program will be preserved. Application to the State does not preclude any changes in terms of the bonds to be issued on loans to be made from the proceeds. Efforts to design an effective program to be approved by Council will continue. Cost to the City will be nothing, by endorsement of the application. If bonds are issued and the Program renewed, costs would be paid by CDBG funds currently appropriated for that purpose. Timing is such that allocations of bond authority may be made by the State shortly after October 30. RRHA's application with Council's endorsement should be submitted prior to October 30. B. Do not endorse RRHA's application to the State for authorization to issue tax-exempt mortgage revenue bonds in calendar year 1986. Ability of RRHA to issue tax-exempt MRB's will be blocked. Flexibility to adjust design of Loan Program would be limited, in that benefits of a tax-exempt bond issue, particularly a lower interest rate, could not be realized. Other aspects of the Program may not be affected. Cost to the City likely would be nothing directly. It it were found that renewal of the Loan Program is not practical without tax exemption of the bonds, the $80,000 CDBG funds allocated for the Program may be available for other use. 4. Timing would not be an issue. October 26, 1986 Page 3 RECOMMENDATION: Adopt Alternative A, and endorse the RRHA'$ application to the State for authorization to issue up to $600,000 of tax-exempt Mortgage Revenue Bonds in calendar 1986. Respectfully submitted, City Manager WRH:cmh CC: Director of Public Works City Attorney Director of Finance Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA Mr. Alton L. Knighton, Jr., Woods, Rogers & Hazelgrove October 29, 1986 File #60-467 Mr. Joel' M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28411, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, providing for the appropriation of $20,000.00 for the Chapter II Competitive Grant for 1986-87, which Ordinance was adopted by the Council of the City of Roanoke at a regu)ar meeting held on Monday, October 27, 1986. Si ncerely, Mary F. Parker, CMC City Clerk ~4FP:se Enc. cc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood 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 Room 456 Municipal Building 215 Church Awenue, 5.W. Roanoke, VIrglnlo 24011 (703) 98t-2541 4C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October~ 1986. No. 28411. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Roanoke City Schools Chapter II Competitive Grant 86-87 Revenue (1-9) ............ $9,334,654 20,000 Roanoke City Schools $9,334,654 Chapter II Competitive Grant 86-87 (10) ............. 20,000 (1) Evaluator Salary (2) Teacher Consultants (3) FICA Taxes (4) Retirement (5) SGLI (6) Health Insurance (7) Indirect Costs (8) Inservice Education- Stipends (9) Instructional Materials (10) Federal Grant Rec. (035-060-6220-6024-0110) $ 2,100 (035-060-6220-6024-0113) 12,300 (035-060-6220-6024-0204) 1,245 (035-060-6220-6024-0206) 340 (035-060-6220-6024-0208) 30 (035-060-6220-6024-0210) 60 (035-060-6220-6024-0217) 325 (035-060-6220-6024-0307) 3,000 (035-060-6220-6024-0309) 600 (035-060-6220-1102) 20,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. c~ o~, .O^NO~<~. v^, CITY F:LER~Ig ~,F~ I=.,,. October 27, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Roanoke City School Grant I have reviewed the attached request for appropriations for the School Board. The Chapter II Competitive 1986-87 Grant will be 100% reimbursed by federal funds. I recommend that you concur with the request of the School Board. JMS:dp rect~e 1 Edwin iq. F~inout, Chairman LUilllam LUhite, Sr.. Vice Chairman Do,Id 8c~ol /,-- Roanoke City $ ool I oard SallMe T, Coleman LaVern~ 8. Dillon David H. Lisk James M. Turn,r. Jr. Frank P. To~:a. Sup~rinl:enden~ Richard L Kell~9, Clerk of I:he Board P.O 8ox 1310.5, Roanoke, Virginia E4031 · 70~.981-~81 October 15, 1986 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 October 14, 1986, the School Board respectfully requests City Council to appropriate $20,000 for the Chapter II Competitive Grant for 1986-87 which will provide for the training of reading/language arts instructional personnel. The program will be one hundred percent reimbursed by federal funds. Sincerely, Richard L. Kelley /, 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 ,/~r. Wil Dibling , r. Joel Schlanger (with accounting details) Excellence in Education 90ANOKE CITY SCHOOL HOARD Roanoke, Virginia IPPROPRI~TION RgOUg~T Chapter I! Coepet~t~ve 198b-87 6220 035-060-6220-602#-0110 035-060-6220-602#-0115 035-060-6220-602#-0204 035-060-6220-6024-0206 035-060-6220-602#-0208 035-060-6220-602#-0210 035-060-6220-6024-0217 035-060-6220-6024-030? 035-060-6220-6024-0309 Evaluator Salary Teacher Consultants FICA Taxes Retiremen~ SGL[ Health Insurance Indirect Costs Inservice Education - Stipends Instruotional Haterials Total Appropriation Unit Z2B $ 2,100.00 12,300.00 1,245.00 340.00 30.00 60.00 325.00 3,000.00 600.00 $ 201 000. O0 035-050-6220-1102 Federal Grant Receipts $ 20t 000~ O0 The Chapter II Competitive grant For 1986-87, entitled "Oral Discussion and Reading Competence", will provide funds For the training o£ reading/language arts instructional personnel. The program is one hundred percent reimbursed by £ederal ~unds and sill end June 30, 1987. October 14, 1986 October 29, 1986 File #132 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. ~Qwles and Gentlemen: I am attaching copy of Resolution No. 28412, providing that the regular meeting of the Council of the City of Roanoke scheduled for 2:00 p.m. on November 24, 1986, shall be held at 7:30 p.m. on the same date, which Resolution was adopted by the Council at a regular meeting held on Monday, October 27, 1986. Sincerely, MFP:se Eric. cc: Mary F. Parker, C~iC City Clerk 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 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. James D. Ritchie, Director of Human Resources Mr. Alfred T. Beckley, Manager, Communications Room 456 ,~,~nlclpal Building 2'~ 5 Church Avenue, S.W. Roonc~,e, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of October, 1986. No. 28412. VIRGINIA, 5B! A RESOLUTION providing that the regular meeting of the Council of the City of Roanoke scheduled for 2:00 p.m. on November 24, 1986, shall be held at 7:30 p.m. on the same date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The regularly.scheduled meeting of Council to be held at 2:00 p.m. on November 24, 1986, shall be held at 7:30 p.m. on the same date, such meeting to be held in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. 2. The City Clerk is directed to take whatever steps are deemed necessary and appropriate to notify the public of the re- scheduling of such meeting. ATTEST: City Clerk. WILBURN C. DIE'LING. JR. OFFICE OF THE CITY ATTORNEY October 27, 1986 RECEI¥£D CITY CLERK3 OFFICE '86 00 22 A8:2! The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Council Meeting Schedule Dear Mrs. Bowies and Gentlemen: At the Council meeting of October 20, 1986, Council adopted a motion expressing the intent to hold its meeting of November 24, 1986, at 7:30 p.m., rather than at the regularly scheduled time of 2:00 p.m. The apparent purpose of Council's motion was to expedite consideration of the request of Downtown Roanoke, Incorporated, relating to the establishment of a Downtown Service District. With this report, I am transmitting a resolution which changes the time for the regularly scheduled Council meeting of November 24, 1986, from 2:00 p.m. to 7:30 p.m. For your information with respect to the meeting schedule of Council, the City Charter provides that Council shall hold two regular meetings per month. ,Se~ §10, Roanoke Charter of 1952. The Charter contains no other guidance with respect to the timing of such regular meetings. City Council has by its own rules or- dained that Council shall hold regular meetings on the first four Mondays of each month, except during the months of July, August and September. Except during the months of July, August and Sep- tember, the regular meetings shall be held, according to Council's Rules, at 2:00 p.m. on the first, third and fourth Mondays and at 7:30 p.m. on the second Monday of each month. See §2-15, Rule 1, Code of the City of Roanoke (1979), as amended. Inasmuch as the Council meeting schedule has been established by Council itself, I am of the opinion that Council may of its own accord alter its meeting schedule so long as the Charter requirements are met. With kindest personal regards, I am WCDJr:fcf Attachment cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Sincerely yours, Wilburn C. Dibling, Jr. City Attorney Office o~ the Ohy Ck4~ October 16, 1986 File #60-236-502 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: ! am attaching copy of Ordinance No. 28413, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, to provide for certain appropriation and revenue adjustments in connection with the close-out of Victim Witness Grant 86-A6292, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday October 27 1986. ' ' Si n cerely, Hary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room456 MunlcipalBulldlng 215 Church Ave~ue, S,W. Roonoke, VIrglnla2,4011 (703)98'1-2541 5C1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1986. No. 28413. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Grant Fund Appropriations, and providing for an emer- gency. 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 Grant Fund Appro- priations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Victim Witness Grant 85-86 (1-4) ................... $19,193 Revenue Victim Witness Grant 85-86 (5) $19,193 (1) Hospital Ins. (2) Admin. Supplies (3) Training & Dev. (4) Management Serv. (5) Local Match (035-026-5109-1125) $( 54) (035-026-5109-2030) ( 48) (035-026-5109-2044) 9 (035-026-5109-7015) ( 24) (035-035-1234-7011) (117 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. O~rPARTMI'NT OF FINAN~.E CITY OF ROANOKE, VA* October 27, 1986 RECE YltJ o_ CITY C[ER¥,S ~;FF ,~t 'B6 DC, T 21 p ~, :20 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Closeout of Victim Witness Grant 86-A6292 The Victim Witness Assistance Grant 86-A6292 provided funding during fiscal year 1985-86 and ended on June 30, 1986. Funding and expenditures for this grant were as follows: State Local Total Funding $13,772.00 $5,538.00 $19,310.00 Expenditure 13~772.00 5,420.17 ..... 19~192.17 Unexpended Amount $ - __ $ 117.83 $ 117.83 The total appropriation for the grant was $19,310.00 Actual funding received was $19,310.00, and total expenditures incurred were $19,192.17. The state funds were fully expended; local funds of $117.83 were unexpended and can now be returned to the General Fund. The Victim Witness Assistance grant provides services which address the needs of victims and witnesses within the Roanoke criminal justice system. Recommendations: A. Grant 86-A6292 may now be closed. Honorable Mayor and Members Page 2 October 27, 1986 of City Council Unexpended local funds of $117.83 may be returned to the General Fund. The following appropriations and revenue adjustments be enacted: (1) Hospital Ins. (2) Admin. Supplies (3) Training & Dev. (4) Management Serv. (5) Local Match 035-026-5109-1125) $( 54) 035-026-5109-2030) (48) 035-026-5109-2044) 9 035-026-5109-7015) ( 24) 035-035-1234-7011) (117) JMS:dp October 16, 1986 File #60-236-304 Mr. Joel M. Schlanger Directo~ of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28414, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, to provide for certain appropriation and revenue adjustments 'in connection with the close-out of Youth Services Grant 85-I-6, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday October 27 1986. ' , Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, city Manager Mr. Wilburn C. Diblin9, Jr., City Attorney Roc~'n456 MunicipalBuildtng 215 Church Ave~ue, S.W. Roano~e, Vlrglnla24011 (703)981-2541 5C2 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of October, 1986. No. 28414. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Youth Services Grant 85-86 (1-10) . $40 366 Youth Services Grant 86-87 (11). . ' ' ' ..................... 44 117 Revenue Youth Services Grant 85-86 (12) $40 366 Youth Services Grant 86 87 (13) ' ....................... 44,117 (1) Regular Employee Salaries (2) ICMA (3) FICA (4) Hospital Ins. (5) FICA (6) Fees for Prof. Services (7) Telephone (8) Training & Dev. (9) Management Serv. (035-054-8721-1002) $(403) (035-054-8721-1115) 111 (035-054-8721-1120) 13 (035-054-8721-1125) ( 27) (035-054-8721-1130) ( 3) (035-054-8721-2010) (100) (035-054-8721-2020) (70) (035-054-8721-2044) ( 3) (035-054-8721-7015) (21) (10) Admin. Supplies (11) Reg. Salaries (12) Local Match (13) Local Match (035-054-8721-2030) $ 197 (035-052-8724-1002) 306 (035-035-1234-7001) (306) (035-035-1234-7003) 306 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. Om.^.~r.rNT C.' ~,N^.CE RECEI V Eli c,~ o~ ~o^.o~E. v^. CITY CLERttS OFFtC£ October 27, 1986 '86 O.P, 21 P3:Y. 9 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Close-out of Youth Services Grant 85-1-6 The Youth Services Grant 85-I-6 ended on June 30, 1986. Funding and expenditures for this grant were as follows: Funding Expenditures Unexpended State Roanoke Total $30,118.00 $10,554.00 $40,672.00 30~118.00 -10~247.52 -40~365.52 $ $ 306.48 $ 306.48 Actual The total appropriation for this grant was $40,672.00. funding received was $40,672.00 and total expenditures were $40,365.52. Of funds received, $306.00 in local funds remain un- spent and available for appropriation. The City administration has requested that the unused local match of $306.00 be transferred to the Youth Services 86-1-7 grant to supplement the existing local match for that grant. The Youth Services Grant provides the coordinated planning and program implementation of local youth-serving programs. The Office on Youth and the Youth Services Citizen Board have devel- oped relationships with other youth-serving programs and agencies. Coordination and cooperation between these agencies benefits the youths of Roanoke with improved activities and programs. The Youth Honorable Mayor and Members of City Council Page 2 October 27, 1986 Services Citizen Board also conducted surveys and collected data for the Annual Comprehensive Recreation/Youth Development and Juvenile Delinquency Plan. Recommendations: A. Grant may now be closed. B. Unexpended funds of $306.00 be transferred to the Youth Services Grant 86-87 as additional local match (Account 035-052-8724-1002 Regular Employee Salaries) C. The following appropriation and revenue adjustments be enacted: (1) Regular Employee Salaries (2) Regular Employee Salaries (3) ICMA (4) FICA (5) Hospital Ins. (6) Life Ins. (7) Fees for Prof. Services (8) Telephone (9) Training and Dev. (10) Management Serv. (11) Admin. Supplies (12) Local Match 85-86 (13) Local Match 86-87 (035-052-8724-1002) $ 306 (035-054-8721-1002) (403) (035-054-8721-1115) 111 (035-054-8721-1120) 13 (035-054-8721-1125) ( 27) (035-054-8721-1130) ( 3) (035-054-8721-2010) (100) (035-054-8721-2020) ( 70) (035-054-8721-2044) ( 3) (035-054-8721-7015) ( 21) (035-054-8721-2030) 197 (035-035-1234-7001) (306) (035-035-1234-7003) 306 JMS:dp irector of ~ina~e Office of the Oty Oerk October 29, 1986 File #468B Mid-State Construction Company, P. O. Box 4041 Lynchburg, Virginia 24502 Inc. Gentlemen: I am enclosing copy of' Ordinance No. 28416, accepting your pro- posal for construction of the Round Hill Pump Station facility, in the total amount of $50,860.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Hater Department Room 456 Municipal Building 2t5 Church Avenue, S.W. Roanoke, '~rginio 240~ l (703) 981-2541 October 29, 1986 File #4688 Mechanical & Plumbing, Inc. Construction Services of P. O. Box 357 Roanoke, Inc. Stanleytown, Virginia 24168 3812 Bunker Hill Drive, S. Roanoke, Virginia 24018 Tipton Construction Company P. O. Box 3188 Acorn Construction, Ltd. Bristol, Tennessee 37620 P.O. Box 625 Troutville, Virginia 24175 Gentlemen: I am enclosing copy of Ordinance No. 28416, accepting the pro- posal of Mid-State Construction Company, Inc., for construction of the Round Hill Pump Station facility, in the total amount of $50,860.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday October 27 1986. ' On behalf of the Council, I ~¢ould like to express appreciation to you for submitting your proposal for construction of the Round Hill Pump Station facility. Sincerely, Mary F. Parker, CHC City Clerk HFP:se Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240'1 ~ (703) 981-2541 C~'~Ice c~ t~e Qly Qen~ October 29, 1986 Mechanical & Plumbing, Inc. P. O. Box 357 Stanleytown, Virginia 24168 Gentlemen: The contract .for construction of the Round Hill Pump Station facility having been awarded to Mid-State Construction Company, Inc., I am returning your certified check deposited with your bid. Please sign the enclosed receipt and return same to me for my files. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. P, oom 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1986. No. 28416. AN ORDINANCE accepting the bid of Mid-State Construction Co., Inc., for the construction of the Round Hill Pump Station facility, upon certain terms and conditions, and awarding a contract there- for; authorizing the proper City officials to execute eontract for such work; rejecting all other bids made for the work; and providing for an emergency. the requisite to the City BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Mid-State Construction Co., Ine., in the total amount of $50,860.00, for the construction of the Round Hill Pump Station facility, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the sueeess- ful bidder, based on its proposal made therefor and the City's spe- cifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid of funds heretofore or simultaneously appropriated by for out Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order municipal government, ordinance shall be in to provide for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. A~FEST: City Clerk. Office cf the O~y Oerk October 29, 1986 File #60-468B Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28415, amending and reor- daining certain sections of the 1986-87 Water Fund Appropriation Ordinance, to provide for the appropriation of $55,860.00 in con- nection with the award of a contract to Mid-State Construction Company, Inc., for construction of the Round Hill Pump Station facility, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986. 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. William F. Clark, Director of Public WorKs Mr. Charles M. Huffine, City Engineer Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Room 456 ,Municipal Building 215 C~urch Avenue, S.W. Roanol~e, Vlrginia 24011 (703) 981-2541 6A IN THE COUNCIL OF THE CITY OF ROANOKE, The 27~h day of October, 1986. No. 28415. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 Water Fund Appropriation Ordinance, 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 Water Fhnd Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue $ 2,883,732 Round Hill Pump Station (1) ...................... 55,860 Retained Earnings Unrestricted Retained Earnings (2) $14 186 844 (1) Approp. from General Revenue (A002-056-8352-9003) $ 55,860 (2) Unrestricted Retained Earnings (X002-3336) (55,860) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. REC[iVL,~ r. -, Roanoke, Virginia CIIYCL£R~S 0'rib[ October 27, 1986 '86 OCl 21 P4:44 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Round Hill Pump Station Project 86-09 I concur in the redommendation of the Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/mm Attachment cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician REC~FVEO Roanoke, Virginia CITY CLERKS OFFICE October 27, 1986 Honorable Mayor and Members of Counci'~ ~T 21 P :44 Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Round Hill Pump Station Project 86-09 I. Background: Need for a pumping station was recognized by City Council in order to increase service pressure in the Round Hill area. City Council has previously authorized the City Manager to proceed with plans for this pumping station. City Council received, publicly opened and read five (5) bids for the subject project on Thursday, September 25, 1986, and referred the bids to a Bid Committee, in order to review the bids and report back to Council. Low base bid in the amount of $50,860.00 was submitted by Mid-State Construction Co., Inc., P. O. Box 4041, Lynchburg, Virginia 24502. II. Issues in order of importance: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of low base bid. C. Funds for construction. III. Alternatives are: Award a lump sum contract to Mid-State Construction Co., Inc. in the amount of $50,860.00 and establish a contingency fund for the project in the amount of $5,000.00. 1. Compliance of the bidder with the requirements of the Contract Documents was met. Amount of low base bid is 24% higher than the Engineer's Estimate but is acceptable because five (5) bids were received with the middle three (3) within 14% of each other, indicating the true value of the project to be nearer $60,000.00 rather than the original estimate. 3. Funds for the construction of the project are available from the Prior Years' Retained Earnings. Page 2 B. Reject all bids and not construct the project. 1. Compliance of the bidders with the requirements of the Contract Documents will not be an issue. 2. Amount of lump sum price would probably be higher if rebid at a later date. 3. Funds would not be expended. IV. Reco~endation is that City Council take the following actions: Award a lump sum contract to Mid-State Construction Co., Inc., in the amount of $50,860.00 in a form acceptable to the City Attorney. Appropriate $55~860.00 from Prior Years' Retained Earnings to a new account to be established by the Director of Finance for Round Hill Pump Station. Appropriation will inclnde $50~860.00 for the contract and $5,000.00 contingency. C. Reject all other bids received. RAG/ES/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician Respectfully submitted, Kit B. Kiser Charles M. Huffine ~' TABULATION OF BIDS ROUND HILL PUMP STATION CITY OF ROANOKE, VIRGINIA JOB NUMBER 86-09 Bids opened before Roanoke City Council at 2:00 P.M., Thursday, September 25, 1896. BIDDER BASE BID Mid-State Construction Co., Inc. $50,860.00 Mechanical & Plumbing, Inc. $59,322.00 Construction Services of Roanoke, Inc. $64,000.00 Tipton Construction Company $68,830.00 Acorn Construction, Ltd. $69,500.00 Engineer's Estimate: $41,000.00 Robert A. Garland,~Chairman ~K~t' B.~iser O~ce of ~ne O~/Omd~ September 30, 1986 File #468B Mr. Robert A. Garland, Chairman ) Mr. Charles ~q. Huffine ) Mr. Kit B. Kiser ) Committee Gentlemen: The following bids for the Round Hill Pump Station, and read before the Council of the City of Roanoke meeting held on Thursday, September 25, 1986: were opened at a regular BIDDER LU~4P SUM BID Mid-State Construction Company, Inc. Mechanical & Plumbing, Inc. Construction Services of Roanoke, Inc. Tipton Construction Company Acorn Construction, Ltd. $50,860.00* 59,322.00 64,000.00 68,830.00 69,500.00 *See Alterations to Bid Form On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room456 Munlct~cx:~lBuildlng 215(~urchAv~que, S.W. Roanoke, Vlrglnio24011 (703)981-2541 Mr. Robert A. Garland Mr. Charles M. Huffine Mr. Kit B. Kiser Page 2 September 30, 1986 CC: Mid-State Construction Company, Inc., P. O. Box 4041, Lynchburg, Virginia 24502 Mechanical & Plumbing, Inc., P. O. Box 357, Stanleytown, Virginia 24168 Construction Services of Roanoke, Inc., 3812 Bunker Hill Drive, S, W., Roanoke, Virginia 24018 Tipton Construction Company, P. O. Box 3188, Bristol, Tennessee 37620 Acorn Construction, Ltd., P. 0. Box 625, Troutville, Virginia 24175 Mr. Wilburn C. Dibling, Jr., City Attorney October 29, 1986 File #27-468B Structures and Utilities Company, P. O. Box 2218 Christiansburg, Virginia 24068 ]r~c . Gentlemen: I am enclosing copy of' Ordinance No. 28417, accepting your pro- posal for replacement of the purified gas line at the Water Pollution Control Plant, in the total amount of $83,455.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 27, ]986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker, Manager, Sewage Treatment Plant Room 456 Municipal Building 2t5 Church Avenue, S.W. Roonc~e, 'Virginia 240t I (703) 98t-254'1 Offk:e of ff~e Oly Qet~ October 29, 1986 File #27-468B Charles D. Hare, General 13 McGhee's Trailer Park Radford, Virginia 24141 Contractor Dear Mr. Hare: I am enclosing copy of Ordinance No. 28417, accepting the pro- posal of Structures and Utilities Company, Inc., for replacement of the purified gas line at the Water Pollution Control Plant, in the total amount of $83,455.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for replacement of the purified gas line at the Water Pollution Control Plant. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 Chura~ Avenue, S.W. Roanoke, 'virginia 240t I (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1986. No. 28417. AN ORDINANCE accepting the bid of Structures and Utilities Co., Inc., for replacement of the purified gas line at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City offi- cials to execute the requisite contract all other bids made to the City for the emergency. for such work; rejecting work; and providing for an BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Structures and Utilities Co., Inc., in the total amount of $83,455.00, for replacement of the purified gas line at the Water Pollution Control Plant, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents which bid is on file in the Office of the hereby ACCEPTED. 2. The City Manager or the Assistant City Clerk are hereby authorized on behalf and attest, ful bidder, offered said bidder, City Clerk, be and is City Manager and the of the City to execute respectively, the requisite contract with the success- based on its proposal made therefor and the City's said contract to be in such form as and the cost of said work to be or simultaneously appropriated by specifications made therefor, is approved by the City Attorney. paid for out of funds heretofore Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, eaeh such bidder for such bid. municipal ordinance and the City Clerk is directed to notify and to express to each the City's appreciation In order government, shall be in to provide for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. RECEIVEi~, CITY CLERKS OFFICE Roanoke Virginia October 27, 1986 '86 ~t' 21 P4:44 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council Subject: Bid Committee Report Purified Gas Line Replacement Water Pollution Control Plant Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/dlh Respectfully submitted, W. Robert Herbert City Manager Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Budget and Systems Construction Cost Technician Honorable Mayor and City Council Roanoke, Virginia '8~ /'/~T 21 P4:44 Roanoke, Virginia October 27, 1986 Dear Members of Council: Subject: Bid Committee Report Purified Gas Line Replacement Water Pollution Control Plant Roanoke, Virginia I. Back~round City Council, at its October 6, 1986 meeting, publicly opened and read aloud, bids for the Purified Gas Line Replacement at the Water Pollution Control Plant. Be Two bids were received for this project with Structures and Utilities Co., Inc. of Christiansburg, Virginia submitting the low bid of $83~455.00. Time of construction was listed as sixty (60) consecutive calendar days. This project consists of the replacement of the purified gas line from the digesters to the main building. This gas line has leaked for some time and has now reached the point of repairs no longer being feasible. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the iow bid. C. Fundin~ of the project. D. Time of completion. III.Alternatives are: Award a lump sum contract in the amount of $$3~455.00 and sixty (60) consecutive calendar days to Structures and Utilities Co., Inc. of Christiansburg, Virginia for Purified Gas Line Replacement at the Water Pollution Control Plant according to the contract documents as prepared by Mattern and Craig, Consulting Engineers of Roanoke, Virginia. Establish a project contigency of $7,500.00. 1. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is within the budgeted amount and is acceptable. 3. Fundin~ for the project is available in the Digester Gas Line Account No. 003 056 8419 9003. 4. Time of completion is quoted as sixty (60) consecutive days which is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidder with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably increase if rebid at a later date. 3. Fundin~ would not be encumbered at this time. Time of completion would be extended. The Water Pollution Control Plant would have to continue to purchase gas from the gas company rather than using the gas from the digesters. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to enter into a contractural agreement with Structures and Utiliities Co., Inc of Christlansburg, Virginia, in the amount of $83~455.00 and sixty (60) consecutive calendar days construction time for the Purified Gas Line Replacement at the Water Pollution Control Plant in accordance with the contract documents as prepared by Mattern and Craig, Consulting Engineers of Roanoke, Virginia. C. Establish a contingency account for this project of $7~500.00 which would bring the total project amount to $90,955.00. D. Reject the other bid received. Respectfully submitted, Robert A. Gar~nd, Chairman William F. Clark Kit B. Kiser RAG/LBC/dlh Attachment: Tabulation of Bids cc: City Attorney Director of Finance City Manager TABULATION OF BIDS PURIFIED GAS LINE REPLACEMENT WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA Bids opened before City Countil on October 6, 1986 at 2:00 LUMP SUM TIME IN BIDDER BID BOND ADDENDUM DAYS Structures and Utilities Co., Inc. $83,455.00 YES 1 & 2 60 Charles D. Hare $i16~407.00 YES* 1 & 2 60 *Bid contained a letter of credit for 5% of the base bid. Mattern and Craig Consulting Engineers Roanoke, Virginia Office of City Engineer Roanoke, Virginia October 20, 1986 ~and, Chai~-~an William F. Clark Kit B. Kiser C~-flce cfi ~ne Q~ C]en~ October 8, 1986 File ~27-468B Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids fo~ purified gas lin, e replacement at the Roanoke Water Pollution Control Plant, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, October 6, 1986: BIDDER LUMP SUM BID Structures and Utilities Co., Inc. Charles D. Hare, General Contractor $ 83,455.00 116,407.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Structures and Utilities Co., Inc., P. O. Box 2218, Christiansburg, Virginia 24068 Charles D. Hare, General Contractor, 13 McGhee's Trailer Park, Radford, Virginia 24141 Mr. Wilburn ¢. Dibling, Jr., City Attorney D, oom456 MunicipalBuildlng 215OnurchAv~ue, S.W.l~:~anoke, Vlrglnlo24011 (703)981-2541 Office c~ lhe Q~y Clerk October 29, 1986 File #488 Mr. Frank T. Palko 2262 Memorial Avenue, S. ~'~. Roanoke, Virginia 24015 Dear Mr. Palko: At a regular meeting of the Council of the City of Roanoke held on Monday, October 27, 1986, you were elected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years commencing November 16, 1986 and ending November 8, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:se CC: Mr. Lewis W. Peery, Chairman, 508 Rutherford Avenue, N. W., Roanoke, Virginia 24016 Ms. Jinni Benson, Acting Coordinator, Roanoke Neighborhood Partnership Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, ~rginla 24011 (703) 981-2541 October 29, 1986 File #237 Mr. Charles F. Herberger Mr. Robert H. Bennett, Jr. 2615 Bobwhite Drive, S.W. 3418 West Ridge Circle, S. Roanoke, Virginia 24018 Roanoke, Virginia 24014 Gentlemen: At a regular meeting of the Council of the City of Roanoke held on Monday, October 27, 1986, you were elected as members of the Flood Plain Committee for terms each ending June 30, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. Kit B. Kiser, Chairman, Flood Plain Committee Room 456 Municipal Building 215 (]'lurch Av~'lue, S.W, Roonc~e, Virginia 240'1 t (703) 981-2541